Item 11.
CITY OF COACHELLA
CONNECT COACHELLA CITY PROJECT NO. ST-138 58
JELISA ADAMS, GE
VICE PRESIDENT/PRINCIPAL ENGINEER
Ms. Adams has more than 20 years of experience
performing and managing geotechnical
investigations throughout the Orange County, Los
Angeles, San Diego, and San Bernardino areas. Her
experience encompasses a wide range of projects
including public infrastructure, city and state
facilities, commercial and residential
developments, educational institutions, multistory structures with subterranean parking levels, seismic upgrades and retrofits, and the installation and monitoring of geotechnical instrumentation.
MCBEAN PARKWAY BRIDGE WIDENING AND BICYCLE PATH, SANTA CLARITA,
CALIFORNIA
Geocon performed a geotechnical investigation for the proposed widening of the existing McBean Parkway Bridge over the Santa Clara River. The proposed project would widen the west side of the bridge by approximately 30 feet to accommodate an additional southbound traffic lane and a separate bicycle path. Our scope of services included drilling six exploratory borings, performing laboratory tests on soil samples, engineering analyses, and the preparation of a foundation report. Ms.
Adams served as senior engineer for the project and provided engineering calculations, and drilling and digging sampling.
NORTH INDIO PAVEMENT IMPROVEMENTS, INDIO, CALIFORNIA
Geocon performed the geotechnical investigation for the North Indio Pavement Improvements Project, which was initiated to reduce particulate air pollution by paving unpaved and deteriorated residential streets recently annexed by the City of Indio. Ms. Adams provided engineering oversight and technical review of the geotechnical investigation, including the review of technical reports and recommendation letters documenting Geocon’s evaluation of existing pavement conditions, subgrade soil sampling, R-value testing, and preliminary percolation testing.
SUPERIOR AVENUE PEDESTRIAN/BIKE CROSSING, NEWPORT BEACH, CALIFORNIA Geocon performed special inspection and materials testing services for the Superior Avenue Pedestrian/Bike Crossing project in Newport Beach, California. Services included concrete slump testing, concrete cylinder fabrication, and field density testing during bridge construction activities. As Project Manager, Ms. Adams coordinated project activities, client communication, project meetings, scheduling, and overall project management to support the timely delivery of Geocon's services.
CONCRETE ALLEY AND STREET REPLACEMENT, NEWPORT BEACH, CALIFORNIA Geocon performed a geotechnical investigation, geotechnical observation, and testing services for various streets in Newport Beach in support of pavement improvements. As the Project Manager and Senior Project Engineer, Ms. Adams was responsible for quality control over geotechnical investigation, site activities, and project deliverables.
EXPERIENCE
- 20 years
- 20 years with Geocon
EDUCATION
- BS, Structural Engineering,
University of California,
San Diego, 2006
REGISTRATIONS
- CA: Geotechnical
Engineer, No. 3092
- CA: Professional Engineer,
Civil, No. 74946
CERTIFICATIONS
- GeoKon Certified
Instrument Installer
- Nuclear Density Gauge
- OSHA 40-Hour
- OSHA 8-Hour Refresher
- Radiation Safety Officer
ORGANIZATIONS
- ASCE
- ASFE
LOCATION
- 2807 McGaw Ave.,
Irvine, CA 92614
PROJECT ROLE AND COMMITMENT
- Principal Geotechnical
Engineer
- 30%
Item 11.
CITY OF COACHELLA
CONNECT COACHELLA CITY PROJECT NO. ST-138 59
Company Cameo’s
Ken Perez Sr-President
Ken has been in the electrical field for more than 40 years with experience in both construction as well as electrical engineering design. For the last 20 years, he has been working on the engineering side of the industry with an emphasis in lighting design.
His actual field experience has given him a tremendous edge over his competition in that he knows firsthand HOW an electrical system is installed, which he is then able to more clearly translate this to the design documents. This approach has enabled him to keep costly change orders down to a minimum for his client’s benefit. He has continued his knowledge in lighting fundamentals and electrical engineering by staying active with on-going classes in his field of expertise. These classes include Lighting Fundamentals through the IESNA and state sponsored classes for Energy Conservation Measures. Ken serves as Vice President of the IES in San Diego.
Ken’s experience has caught the attention of many municipal agencies and has been called upon to offer expert advice on lighting ordinances as well as lighting design guide criteria. He also serves as a lighting judge for certain venues and teaches outdoor Lighting Fundamentals for the San Diego chapter of the IESNA.
EDUCATION
• 40 years of field experience as an electrician installing lighting and power systems. • 29 years engineering design experience in the consulting electrical engineering field. • Lighting applications certification (AGI-32) thru “Lighting Analyst Inc”. • Lighting fundamentals thru “Illumination Engineering Society of North America”. • UCSD-1998, HVAC, DDC Controls Certification
• Mesa College-1978, National Electrical Code
• On-going classes in lighting fundamental, applications, Title-24 and UBC, NEC, CEC etcetera.
ORGANIZATION
• IES-Illumination Engineering Society – Past Vice President for over 5 years
PROJECTS/REFERENCES
CVAG - Coachella Valley Association of GovernmentsCVAG Arts and Music Line – A 10-mile path of travel through the City of La Quinta, Coachella and Indio, that interconnects with the CV Link and takes you into the Polo Fields for the Golden Voice concerts AKA “Coachella” festival. Provided electrical engineering for artistic lighting that brings intrigue, invokes powerful emotions with illumination, utilizing color changing custom light fixtures in collaboration with Circular Dimensions for lighted art treatments.
City of Vista- Paseo Santa Fe Streetscape. Provided lighting design and electrical engineering for a 4-block section of South Santa Fe Dr. providing enhanced public street lighting and electrical elements. Skip Hammann-City of Vista Development Services, Project Manager. (760) 802-5605
City of San Marcos- We have provided many street light design services and park lighting and electrical design services over the course of many years, such as Buelow Park, Hollandia Dairy park, Conner Park, Sunset Park and have also provided assistance with street light design standards and design criteria. Mike Rafael-City of San Marcos Engineering Division. Senior Civil EngineerTransportation. (760) 744-1050 ext 3274 City of Temecula- We are currently assisting the City of Temecula with establishing their street light design. they are taking over the street lighting systems from SCE and are currently establishing their own City Standards. Nino Abad-City of Temecula
Item 11.
CITY OF COACHELLA
CONNECT COACHELLA CITY PROJECT NO. ST-138 60
Ken Jr. Resume
Kenneth M. Perez II-Senior Project Manager/COO
Kenny Jr, our senior team member, boasts 18 years of expertise in designing and managing diverse projects. His commitment to staying current with sustainable lighting technology is evident in authored ordinances for Rancho Sante Fe Association and Roripaugh Ranch in Temecula, CA. As our Title-24 expert, he remains at the forefront of the outdoor lighting measures, actively engaging with industry trends through the Illumination Engineering Society of North America. Beyond work, Kenny Jr. enjoys exploring San Diego’s landscapes with his wife and two sons. In his leisure time, he finds pleasure in sports and showcases musical talent through guitar and piano.
EDUCATION
• Graduate with Honors at Center City High School 2002
• Lighting applications certification (AGI-32) thru “Lighting Analyst Inc”. • Lighting fundamentals thru “Illumination Engineering Society of North America” • AutoCad Certification thru “Virtual Design & Construction Institute” • Project Management thru “UC San Diego”
• On-going classes in lighting fundamental, applications, Title-24 and UBC, NEC, CEC etcetera. • CALCTP Certified Employer
• 18 years engineering design experience in the consulting electrical engineering field.
ORGANIZATIONS
• IESNA-Illuminating Engineering Society of North America • BIA – San Diego/Southern California
PROJECTS/REFERENCE
CVAG - Coachella Valley Association of GovernmentsCVAG Arts and Music Line – A 10-mile path of travel through the City of La Quinta, Coachella and Indio, that interconnects with the CV Link and provides a safe path of travel into the Polo Fields for the Golden Voice concerts AKA “Coachella” festival. Provided lighting design for artistic lighting that brings intrigue, invokes powerful emotions with illumination, utilizing color changing custom light fixtures in collaboration with Circular Dimensions for lighted art treatments. Randy Bowman – CVAG Assistant Director – Transportation. [email protected]
City of IndioOasis Streetscape Enhancement – Provided lighting design and electrical engineering for 5 blocks on Oasis Street between Indio Blvd. and Highway 111, within the city of Indio’s downtown corridor. Project included civil improvements, landscape improvements and lighting improvements. Lighting improvements included street lighting, pedestrian lighting and landscape lighting. Dilesh Sheth – Albert Webb & associates - Senior Vice President. 951-248-4237 City of Carlsbad –
Stagecoach & Calavera Park Pickleball Court upgrades. Providing lighting design and electrical engineering for the installation of pickleball courts for both parks. Utilizing sustainable lighting designs and existing power sources to provide light levels for competitive play. Oscar Johnson – MIG – Project Manager/Landscape Architect. 714-871-3638 x4090
Item 11.
CITY OF COACHELLA
CONNECT COACHELLA CITY PROJECT NO. ST-138 61
1 Thomas C. Mueller
VP Field Operations
Thomas (T.C.) Mueller has over thirty (30) years of hands-on general engineering contracting experience in the counties of San Diego, Orange, LA, Riverside and San Bernardino area with emphasis on safety and production.
Familiarity with various types of utility installation, soil conditions, excavation equipment, traffic control and safe practices. Experience installing utilities is found to be invaluable in determining locations and depths of existing utilities when potholing and locating.
RELEVANT EXPERIENCE
Customer Project Name Year City/County Description
Albert Webb
Associates
Line 6 Stage 3 2026 Palm Springs Utility Potholing via Air Excavation Potholing
Albert Webb
Associates
Marshall Creek
Stage 1
2026 Beaumont Utility Potholing via Air
Excavation Potholing
Albert Webb
Associates
CVWD –
Talavera
Phase 1
2024 Indio Utility Potholing via Air
Excavation Potholing
Albert Webb
Associates
Maintenance
Yard
2024 Thermal Utility Potholing via Air
Excavation Potholing
Albert Webb
Associates
Landau Blvd &
McCallum
2023 Cathedral City Utility Potholing via Air
Excavation Potholing
Albert Webb
Associates
Carver Tract
Phase 2
2023 Indio Utility Potholing via Air
Excavation Potholing
Albert Webb
Associates
Jackson Street
Phase 2
2022 Indio Utility Potholing via Air
Excavation Potholing
Krieger
Stewart, Inc
CVWD – Sun
City Water
Main
2025 Palm Desert Utility Potholing via Air
Excavation Potholing
Krieger
Stewart, Inc
DWA/CVWD
Interconnection
Phase 2
2026 Cathedral City Utility Potholing via Air
Excavation Potholing
Krieger
Stewart, Inc
CVWD NPW 2025 Palm Desert Utility Potholing via Air
Excavation Potholing
Krieger
Stewart, Inc
CVWD –
Johnson Street
Drainage
2021 Mecca Utility Potholing via Air
Excavation Potholing
Education
1989 Orange Glen High
School – Escondido, CA
Licenses/Certifications
10-Hr OSHA, Competent
Person/Confined Space,
HAZCOM-MSDS, Jobsite
Safety Inspection, Staking
University Certificate of
Locating Competency
(Electro-magnetic
instruments) Louisiana Tech
University Certificate of
Utility Investigation
Years of Experience
30+ years
Firms
Underground Solutions,
2003 – Current
Garver West
2000 - 2003
Southern Contracting, Inc
1989 - 2000
Item 11.
APPENDIX B: SUBCONSULTANT
COMMITMENT LETTERS
APPENDIX B:
SUBCONSULTANT
COMMITMENT
LETTERS
Item 11.
CITY OF COACHELLA
CONNECT COACHELLA CITY PROJECT NO. ST-138 63
31855 Date Palm Drive, Suite 3 ■ Cathedral City, California 92234 ■ P|951.304.2300
LETTER OF COMMITMENT
Nick Lowe
Deputy Director, Traffic and Transportation
Albert A. Webb Associates
3788 McCray Street
Riverside, California 92506
Subject: Connect Coachella City Project ST-138
Geocon West, Inc. (Geocon) is pleased to support Albert A. Webb Associates on the Connect Coachella City Project ST-138.
Should Albert A. Webb Associates be selected for this project, Geocon is committed to providing the geotechnical engineering services required to support the preparation of the Plans, Specifications, and Engineer's Estimate (PS&E) for the proposed bicycle and roadway improvements.
Geocon understands the project objectives and is prepared to provide experienced personnel, technical expertise, and the resources necessary to successfully complete our scope of work. Our Cathedral City office will support this effort and work collaboratively with Albert A. Webb Associates and the City of Coachella to help deliver a successful project.
We appreciate the opportunity to participate in this important project and look forward to contributing to its successful completion.
Sincerely,
Geocon West, Inc.
Jelisa Adams, GE Lisa Battiato, CEG
Vice President & Principal Engineer Senior Geologist / Regional Manager
Item 11.
CITY OF COACHELLA
CONNECT COACHELLA CITY PROJECT NO. ST-138 64
STC Traffic, Inc. | 5973 Avenida Encinas, Suite 218, Carlsbad, CA 92008 | www.STCTraffic.com Memorandum
Date: 8/6/2026
To: Nick Lowe, PE, TE, Deputy Director – Albert A. Webb Associates From: Jason Stack, TE, PTOE, President – STC Traffic, Inc.
Subject: Request for Proposals for Professional Engineering Services for the Connect Coachella City Project NO. ST-138
STC Traffic, Inc. (STC) is pleased to join the Albert A. Webb Associates team for Professional Engineering Services for the Connect Coachella City Project NO. ST-138. STC is committed to providing traffic signal and rail preemption design services.
Scope of services include:
• Preliminary Engineering/Basis of Design
• Operations Analysis
• Traffic Engineering Design (PS&E)
• Traffic Signal Operations/Programming Design
• UPRR and CPUC Coordination & Permitting Support
Sincerely,
Jason Stack, TE, PTOE
Item 11.
CITY OF COACHELLA
CONNECT COACHELLA CITY PROJECT NO. ST-138 65
120 N. Andreasen Drive, Escondido, CA 92029
www.usipothole.com
ph# 760.294-9449 fx# 760.294.9494
August 11, 2026
Michael E, Arme
President
Ms. Kiera Braham, Asst. Business Development Coordinator Albert Webb Associates
3788 McCray St.
Riverside, CA 82506
Reference: Connect Coachella ST-138 Project
Letter of Commitment
To whom it may concern:
Underground Solutions, Inc. is pleased to join the Albert Webb Associates team to pursue the abovereferenced project with the City of Coachella. This letter confirms our commitment to perform GPR/Electromagnetic Utility Locating, and/or Air/Vacuum Excavation Potholing Services, as required by scope.
Itis our understanding that our level of participation will be determined based on final negotiated scope ofwork and fee should Albert Webb be selected for this contract.
Thank you for the opportunity to work with you and Albert Webb Associates on this project.
Sincerely,
Underground Solutions, Inc.
Item 11.
CITY OF COACHELLA
CONNECT COACHELLA CITY PROJECT NO. ST-138 66
4858 Mercury Street Suite 210, San Diego, CA 92111
Phone: 858-278-4503
[email protected]
TRANSMITTAL
To: Albert A. Webb Associates
FROM: Kenny Perez Sr. – Visual Concepts Lighting, Inc
DATE: 8/10/2026
SUBJECT: Connect Coachella RFP – City Project ST-138
To Whom it may concern,
Visual Concepts Lighting, Inc. (VCL) is pleased to provide this letter confirming our commitment to support Webb as a subconsultant for the Connect Coachella Project for the City of Coachella.
VCL understands that the project includes the development of more than three miles of Class I active transportation trails, trail user amenity areas, bridge under crossings, and associated public improvements. VCL is committed to providing the professional lighting design and electrical engineering services necessary to support the project through its anticipated design phases.
Our anticipated scope of services includes lighting design and photometric analysis for the proposed trail system, trail user amenity areas, and bridge under crossings, as well as development of the associated electrical construction documents. VCL will coordinate our work with Webb and the project design team to integrate the lighting improvements with the overall active transportation, civil, landscape, structural, and other project improvements.
VCL has the staff and resources necessary to perform the anticipated services and is committed to maintaining the personnel and availability necessary to meet the project schedule established by Webb and the City of Coachella.
Item 11.
CITY OF COACHELLA
CONNECT COACHELLA CITY PROJECT NO. ST-138 67
4858 Mercury Street Suite 210, San Diego, CA 92111
Phone: 858-278-4503
[email protected]
We appreciate the opportunity to participate as a member of Webb's consultant team and look forward to contributing our lighting and electrical expertise to the successful delivery of the Connect Coachella Project.
Thanks,
Visual Concepts Lighting INC
Kenny Perez Sr
President
858-278-4503
[email protected]
Item 11.
CITY OF COACHELLA
CONNECT COACHELLA CITY PROJECT NO. ST-138 68
APPENDIX C: ADDENDUM
APPENDIX C:
ADDENDUM
Item 11.
CITY OF COACHELLA
CONNECT COACHELLA CITY PROJECT NO. ST-138 69
Item 11.
CITY OF COACHELLA
CONNECT COACHELLA CITY PROJECT NO. ST-138 70
Item 11.
CITY OF COACHELLA
CONNECT COACHELLA CITY PROJECT NO. ST-138 71
Albert A. Webb Associates July 16, 2026
Item 11.
CITY OF COACHELLA
CONNECT COACHELLA CITY PROJECT NO. ST-138 72
Albert A. Webb Associates July 21, 2026
Item 11.
CITY OF COACHELLA
CONNECT COACHELLA CITY PROJECT NO. ST-138 73
APPENDIX D: EXHIBITS
APPENDIX D:
EXHIBITS
Item 11.
CITY OF COACHELLA
CONNECT COACHELLA CITY PROJECT NO. ST-138 74
X
X
X X
X X
AVENUE 54 TYPICAL SECTION A-A
Item 11.
CITY OF COACHELLA
CONNECT COACHELLA CITY PROJECT NO. ST-138 75
Item 11.
CITY OF COACHELLA
CONNECT COACHELLA CITY PROJECT NO. ST-138 76
APPENDIX E: SCOPE OF WORK
ASSUMPTIONS
APPENDIX E:
SCOPE
OF WORK
ASSUMPTIONS
Item 11.
CITY OF COACHELLA
CONNECT COACHELLA CITY PROJECT NO. ST-138 77
List of Assumptions
Below is a list of assumptions WEBB is making for this
project and its related scope of work. Deviations from
these assumptions may require a contract amendment
and could affect the project schedule.
General
1. The City will provide all existing plans, designs, and documentation related to the project for WEBB’s use.
Any questions related to the files will be coordinated
through the City.
2. No environmental documentation, analysis, or survey
is required.
3. Coordination or design of relocation or undergrounding of existing IID electrical facilities is not included.
4. The City will assist with acquiring utility maps from utility agencies in the event that a utility requires fees or is unresponsive.
5. All improvements will be within the existing right-ofway. No acquisitions or easements are expected.
6. Public outreach efforts and preparation of exhibits for public use are not included.
7. Public meetings such as workshops, city council, and planning commission are not included.
Civil Design
1. No drainage improvements are anticipated. Sheet
flows will continue on their current drainage patterns to existing shoulders or existing facilities.
2. The Tyler Street roundabout layout provided in the RFP is assumed to have been designed using a fastest path
analysis and a civil design with only minor geometric
revisions is included.
3. Retaining wall design is not anticipated and not
included.
Traffic Design
1. The City will provide the latest as-built drawings of the impacted traffic signals in the project area.
2. The City will provide physical access to the traffic signal cabinets for the impacted traffic signals in the project area for equipment inventory and verification.
3. WEBB will only include the design of traffic signal
improvements related to the proposed bicycle and
pedestrian improvements. Additional improvements
related to vehicle operations, communications,
interconnect, and controller upgrades are not included.
4. It is assumed that signal warrants have already been met at the intersections of Avenue 54/Grapefruit and
Avenue 54/Polk.
Landscaping Design
1. The WEBB team will be able to meet with the City
maintenance staff for an irrigation investigation of all existing systems affecting the project areas.
2. Structural engineering and electrical engineering are not included for amenity features.
3. A maximum of 3 architectural renderings in the
concept plan.
Lighting Design
1. Lighting improvements will be only for the trail and trail-related areas and not include any improvements for the street. Custom lighting fixtures are not included.
2. All lighting improvements will be hardwired. Solarpowered lights are not anticipated.
3. No lighting improvements are anticipated to be
constructed on or within the existing overpass structures.
Survey and Staking
1. Traffic control and traffic control plans for survey or staking purposes are not included.
2. A record of survey is not included.
3. Dipping of manholes is not included.
4. Title reports and preparation of Legal and Plats are not included.
Item 11.
webbassociates.com
Cost Proposal for the
CONNECT COACHELLA
CITY PROJECT NO. ST-138
August 13, 2026
951.686.1070
3788 McCray Street
Riverside, CA 92506
Prepared for:
City of Coachella
Item 11.
CITY OF COACHELLA
CONNECT COACHELLA CITY PROJECT NO. ST-138 2
Item Description
Dilesh R. Sheth, Principal II Nicholas R. Lowe, Principal II Jaimee Bourgeois, Principal II Myung G. Choo, Principal II Sara Sadeghi, Associate III Miguel Hurtado, Senior I Allison Edgerley, Associate I Cole Benner, Assistant V Son H. Le, Senior I Ingrid T. Mar, Senior I Deborah A. Saulina, Assistant V Joseph C. Caldwell, Principal II Marco T. Gonzalez, Associate I Guillermo Gonzalez, Assistant V Jessie Corea, Assistant IV Jason Ardery, Principal II Carlos Silva, Senior II Andres Lopez, Senior II Riley Skvarca, Assistant V Asia Lazo, Project Coordinator 2-Man Survey Party Total Hours Subtotal - LaborUnderground SolutionsSTC Traffic, Inc.Geocon, Inc.Visual Concepts LightingExpenses Total/task1
Billout Rate 302$ 302$ 302$ 302$ 233$ 250$ 210$ 189$ 250$ 250$ 189$ 302$ 210$ 189$ 170$ 302$ 259$ 259$ 189$ 135$ 314$ Task 1 - Project Management and Coordination 46 66 4 82 58 29 285 $ 70,581 $ - $ - $ - $ - $ 250 $ 70,831
1.1 Kickoff Meeting 4 44 4 2 4 22 $ 5,690 $ 250 $ 5,940
1.2 Monthly PDT Meetings (18) 18 18 18 36 9 99 $ 23,571 $ 23,571
1.3 Project Management 8 20 36 4 8 76 $ 19,112 $ 19,112
1.4 Schedule and Coordination 16 24 24 16 8 88 $ 22,208 $ 22,208 Task 2 - Field Topographic Survey and Basemap 2 12 1 3 11 12 12 3 17 8 15 74 37 57 2 162 428 $ 113,188 $ - $ - $ - $ - $ 3,210 $ 116,398
2.1 Field Topographic Survey 1 3 1 3 3 3 1 3 4 33 57 1 136 249 $ 67,747 $ 2,396 $ 70,143
2.2 R/W Research and Basemap 1 1 12 70 4 1 26 115 $ 31,693 $ 564 $ 32,257
2.3 Field Review 8 8 12 12 16 8 64 $ 13,748 $ 250 $ 13,998 Task 3 - Geotechnical Survey 1 2 2 1 1 1 8 $ 1,881 $ - $ - $ 45,634 $ - $ - $ 47,515
3.1 Geotechnical Survey and Analysis 1 2 2 111 8 $ 1,881 $ 45,634 $ 47,515 Task 4 - Utility Research and Coordination 21 16 8 3 16 22 86 26 75 12 285 $ 62,041 $ 43,307 $ 16,500 $ - $ - $ - $ 121,848
4.1 Utility Research and Mapping 1 1 1 54 24 81 $ 15,648 $ 15,648
4.2 Utility Service Coordination 2 8 12 8 24 12 66 $ 13,540 $ 13,540
4.3 Utility Conflict Coordination 4 4 2 8 16 16 50 $ 11,268 $ 11,268
4.4 Utility Potholing 1 6 12 2 3 24 $ 4,897 $ 43,307 $ 48,204
4.5 UPRR and CPUC Coordination and Permitting 16 8 8 8 16 8 64 $ 16,688 $ 16,500 $ 33,188 Task 5 - Prelim. Engineering and Conceputal Design 8 12 8 8 8 60 144 40 2 12 8 24 64 398 89,074 $ -$ 16,500 $ -$ 8,250$ -$ $ 113,824
5.1 Alignment and Feasibility Analysis + Concept 4 8 4 8 60 140 40 12 8 16 40 340 $ 76,776 $ 16,500 $ 8,250 $ 101,526
5.2 Architectural Renderings 4 4 8 24 40 $ 7,364 $ - $ 7,364
5.3 Stakeholder Coordination 4 44 4 2 18 $ 4,934 $ - $ 4,934 Task 6 - Plans, Specifications, Estimate (PS&E) 56 134 62 149 58 264 116 788 324 208 27 16 8 146 386 2742 $ 611,737 $ - $ 44,000 $ - $ 29,150 $ - $ 684,887
6.1 Street Improvement Plans (60%) 8 32 64 88 12 320 1 8 4 537 $ 119,853 $ - $ 119,853
6.2 Traffic Signal Modification Plans (60%) 6 2 120 128 $ 32,416 $ - $ 32,416
6.3 Signing & Striping Plans (60%) 2 8 96 106 $ 27,020 $ - $ 27,020
6.4 Avenue 54/Polk Street Traffic Signal (60%) 2 1 2 24 29 $ 7,372 $ - $ 7,372
6.5 Grapefruit/Avenue 54 Traffic Signal and Railroad
Crossing (60%) 8 84 4 24 $ 6,972 $ 11,000 -$ $ 17,972
6.6 Landscape Construction Documents (60%) 8 62 182 252 $ 44,338 $ - $ 44,338
6.7 Trail Lighting Plans (60%) 8 8 16 1 33 $ 7,493 $ 11,000 $ 18,493
6.8 Cost Estimate (60%) 8 8 20 4 12 52 $ 10,860 $ - $ 10,860
6.9 Street Improvement Plans (100%) 8 24 40 88 280 1 8 4 453 $ 100,109 $ - $ 100,109
6.10 Traffic Signal Modification Plans (100%) 6 2 80 88 $ 22,416 $ - $ 22,416
6.11 Signing & Striping Plans (100%) 8 80 88 $ 22,416 $ - $ 22,416
6.12 Avenue 54/Polk Street Traffic Signal (100%) 2 1 1 40 44 $ 11,139 -$ $ 11,139
6.13 Grapefruit/Avenue 54 Traffic Signal and Railroad
Crossing (100%) 8 84 4 24 $ 6,972 $ 5,500 -$ $ 12,472
6.14 RR Traffic Signal Operation Programming (100%) 2 2 16 20 $ 5,208 $ 16,500 -$ $ 21,708
6.15 Landscape Construction Documents (100%) 8 48 124 180 $ 31,832 $ - $ 31,832
6.16 Trail Lighting Plans (100%) 8 8 16 1 33 $ 7,493 $ 14,300 $ 21,793
6.17 Cost Estimate (100%) 8 8 20 4 12 52 $ 10,860 $ - $ 10,860
6.18 Project Specifications (100%) 8 4 2 8 24 40 16 8 24 134 $ 28,820 $ - $ 28,820
6.19 Street Improvement Plans (Mylar) 8 24 24 24 24 80 4 188 $ 43,828 $ - $ 43,828
6.20 Traffic Signal Modification Plans (Mylar) 6 2 20 28 $ 7,416 $ - $ 7,416
6.21 Signing & Striping Plans (Mylar) 4 32 36 $ 9,208 $ - $ 9,208
6.22 Avenue 54/Polk Street Traffic Signal (Mylar) 2 1 1 16 20 $ 5,139 $ - $ 5,139
6.23 Grapefruit/Avenue 54 Traffic Signal and Railroad
Crossing (Mylar) 4 42 2 12 $ 3,486 $ 5,500 -$ $ 8,986
6.24 RR Traffic Signal Operation Programming (Final) 22 8 12 $ 3,208 $ 5,500 $ 8,708
6.25 Landscape Construction Documents (Mylar) 4 8 24 36 $ 6,432 $ - $ 6,432
6.26 Trail Lighting Plans (Mylar) 4 441 13 $ 3,085 $ 3,850 $ 6,935
6.27 Cost Estimate (Final) 8 8 20 8 44 $ 9,576 $ 9,576
6.28 Project Specifications (Final) 4 4 2 4 16 32 2 4 8 76 $ 16,770 $ - $ 16,770 $ -
Connect Coachella (ST-138)
City of Coachella
G:\Proposals\FORMAL PROPOSALS\City of Coachella\20260378 - Professional Engineering Services for the Connect Coachella City Project\Proposal Data\26-0378_Budget Estimate 8/12/20269:08 AM Item Description
Dilesh R. Sheth, Principal II Nicholas R. Lowe, Principal II Jaimee Bourgeois, Principal II Myung G. Choo, Principal II Sara Sadeghi, Associate III Miguel Hurtado, Senior I Allison Edgerley, Associate I Cole Benner, Assistant V Son H. Le, Senior I Ingrid T. Mar, Senior I Deborah A. Saulina, Assistant V Joseph C. Caldwell, Principal II Marco T. Gonzalez, Associate I Guillermo Gonzalez, Assistant V Jessie Corea, Assistant IV Jason Ardery, Principal II Carlos Silva, Senior II Andres Lopez, Senior II Riley Skvarca, Assistant V Asia Lazo, Project Coordinator 2-Man Survey Party Total Hours Subtotal - LaborUnderground SolutionsSTC Traffic, Inc.Geocon, Inc.Visual Concepts LightingExpenses Total/task1
Connect Coachella (ST-138)
City of Coachella
Task 7 - Bid Support Services 4 6 8 2 2 2 24 $ 5,788 $ - $ - $ - $ 2,200 $ 250 $ 8,238
7.1 Pre-Bid Meeting 44 4 12 $ 3,172 $ - $ 250 $ 3,422
7.2 Response to Bidders' Inquiries 2 42 2 2 12 $ 2,616 $ 2,200 $ 4,816 Task 8 - Construction Support Services 4 12 5 3 8 32 18 8 24 6 120 26,864 $ -$ -$ 2,200$ -$ 250$ $ 29,314
8.1 Pre-Construction Meeting 44 4 12 $ 3,172 $ - $ 250 $ 3,422
8.2 Review Equipment and Material Submittals 4 1 1 8 8 6 4 12 2 46 $ 10,188 $ - $ 10,188
8.3 Response to RFIs and Change Orders 4 4 2 20 12 4 12 4 62 $ 13,504 $ 2,200 $ 15,704 Task 9 - Construction Staking 8 2 4 9 50 32 15 144 264 $ 71,725 $ - $ - $ - $ - $ 3,086 $ 74,811
9.1 Survey Control 2 2 4 10 40 58 $ 16,242 $ - $ 705 $ 16,947
9.2 Traffic Signals/Lights/Crossings 2 1 4 3 2 12 24 $ 6,330 $ - $ 282 $ 6,612
9.3 Curb, Gutter, Street Improvements 6 1 18 19 8 76 128 $ 34,520 $ - $ 1,409 $ 35,929
9.4 Pre-Construction Corner Records 6 16 3 8 33 $ 8,873 $ - $ 345 $ 9,218
9.5 Post-Construction Corner Records 3 8 28 21 $ 5,760 $ - $ 345 $ 6,105 Task 10 - Record Drawings 2 8 4 32 16 4 2 8 76 16,770 $ -$ -$ -$ -$ -$ $ 16,770
10.1 Final Record Drawings 2 8 4 32 16 4 2 8 76 $ 16,770 $ - $ 16,770 Total 4630 $ 1,069,649 $ 43,307 $ 77,000 $ 45,634 $ 41,800 $ 7,046 $ 1,284,436 Task 11 - Optional Certifications 20 12 76 40 8 4 8 168 40,5 $ 64 -$ -$ -$ -$ -$ $ 40,564
11.1 Utility Certification 12 8 40 24 4 88 $ 21,156 $ - $ 21,156
11.2 Right-of-Way Certification 8 4 36 16 4 4 8 80 $ 19,408 $ - $ 19,408 Total 163 279 91 164 240 337 333 968 440 208 192 29 17 256 472 28 82 87 89 17 306 4798 $ 1,110,213 $ 43,307 $ 77,000 $ 45,634 $ 41,800 $ 7,046 $ 1,325,000 G:\Proposals\FORMAL PROPOSALS\City of Coachella\20260378 - Professional Engineering Services for the Connect Coachella City Project\Proposal Data\26-0378_Budget Estimate 8/12/20269:08 AM
Item 11.
STAFF REPORT
9/9/2026
TO: Honorable Mayor and City Council Members
FROM: Castulo Estrada, Utilities Director
PREPARED BY: Castulo Estrada, Utilities Director
SUBJECT: Authorize the City Manager to Execute a Professional Services Agreement with Precision Backflow for Backflow Testing Services in an amount not to exceed $21,560.00 and Authorize a 10% Contingency.
STAFF RECOMMENDATION:
Approve and authorize the City Manager to execute a Professional Services Agreement with Precision Backflow for Backflow Testing Services in an amount not to exceed $21,560.00 and a 10% contingency.
FISCAL IMPACT:
Funding is included in the FY 26/27 budget.
BACKGROUND:
The City of Coachella maintains a Cross-Connection Control Program to protect the City's potable water distribution system from actual and potential cross-connections that could result in the contamination of the public water supply. In accordance with the State Cross-Connection Control Policy Handbook (State CCCPH) and the City's Cross Connection Control Management Plan (CCCMP), approved backflow prevention assemblies (BPAs) are required at locations where a potential health or non-health hazard exists. These assemblies must be properly installed, maintained, and periodically field tested to verify that they are functioning as intended and continue to provide the required level of protection to the City's water system.
To fulfill these regulatory and program requirements, the City solicited proposals for professional backflow testing services. The selected contractor will be responsible for conducting field testing of backflow prevention assemblies, documenting test results, identifying assemblies that do not meet applicable standards, and providing the necessary documentation to support the City's ongoing Cross-Connection Control Program. Regular testing and documentation are essential to maintaining compliance with the State CCCPH and protecting the City's potable water supply from potential contamination.
Item 12.
DISCUSSION/ANALYSIS:
On June 17, 2026, the City issued and posted a Request for Proposals (RFP) for backflow testing services. The deadline for proposal submissions was July 7, 2026. The City received five proposals in response to the RFP. In accordance with the City's procurement procedures, the submitted proposals were evaluated, and Precision Backflow was determined to be the lowest responsible proposer. Staff recommends awarding a Professional Services Agreement to Precision Backflow in an amount not to exceed $21,560.00 and authorizing a 10% contingency.
ATTACHMENTS:
1. Proposal from Precision Backflow
2. Professional Services Agreement
3. Bid Register
Item 12.
80237.00000\34369632.1
BB&K (2021) -1- PROFESSIONAL SERVICES AGREEMENT
CITY OF COACHELLA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this _______ day of _______________, 2025, 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 53462 Enterprise Way, Coachella, CA 92236 County of Riverside, State of California ("City") and Precision Backflow, with its principal place of business at 83453 Ruby Ave. Indio, CA 92201 ("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 engineering 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 Backflow Testing Services ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from September 9, 2026 to December 31, 2026, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 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 total compensation shall not exceed Twenty-One Thousand Five Hundred Sixty Dollars and No Cents ($21,560.00)
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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 this Agreement.
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 this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner 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 expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
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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: Jose M. Carrillo.
3.3.5 City's Representative. The City hereby designates the Cástulo Estrada, 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 Cástulo Estrada, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates, 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 necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.3.9 Period of Performance.
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3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification.
3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
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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 regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.3.11 Insurance.
3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations
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BB&K (2021) -6- PROFESSIONAL SERVICES AGREEMENT
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.
3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
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(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.
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
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BB&K (2021) -8- PROFESSIONAL SERVICES AGREEMENT
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.
(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.
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(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 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
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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.
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
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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.
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: Precision Backflow
83453 Ruby Ave.,
Indio, CA 92201 ATTN: Jose M. Carrillo
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City: City of Coachella
53462 Enterprise Way
Coachella, CA 92236
ATTN: Castulo Estrada
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 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
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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, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
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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 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,
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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.
3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
3.8 Federal Provisions. With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COACHELLA AND
PRECISION BACKFLOW
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF COACHELLA Precision Backflow
By:
Its: Owner
Printed Name: Jose M. Carrillo
By:
Its:
Printed Name:
Approved By:
Gustavo Romo
City Manager
Approved as to Form:
City Attorney
_____________________________________
City Attorney
Attest:
Angela M. Zepeda
City Clerk
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BB&K (2021) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "A"
SCOPE OF SERVICES
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BB&K (2021) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "B"
SCHEDULE OF SERVICES
September 1, 2026 – December 31, 2026
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BB&K (2021) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "C"
COMPENSATION
Item 12.
CITY OF COACHELLA
BID OPENING LOG
PROJECT NAME: Backflow Testing Services
PROJECT NO. :
BID OPENING DATE: TUESDAY, JULY 7, 2026 TIME: 4:00 p.m.
BID NO. BIDDER RECEIVED
TIME
RECEIVED
BY
BID
BOND
ADDENDUM/S
(1)
COMMENTS TOTAL BID
AMOUNT
1 EMCOR Services, Mesa
Energy 10:40 AM Itzel B. $ 77,040.00
2 California Water
Operators llc 7:31AM Itzel B. $ 61,600.00
3 Precision Backflow 5:07PM Itzel B. Was received on 7/6/26 $ 21,560.00 4 G&G Environmental
Compliance, Inc. Mail $ 80,850.00
5 Tactix Enterprises Inc 9:37AM Itzel B. $ 77,000.00
6 $
7 $
8 $
9 $
10 $
11 $
12 $
13 $
14 $
15 $
NUMBER OF BIDS FILED BY OPENING TIME: __5__ APPARENT LOW BIDDER : Precision Backflow SIGNED BY: ___ITZEL B.__________ TITLE: ASSISTANT ENGINEER DATE __7/7/26___
Item 12.
STAFF REPORT
9/9/2026
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., Public Works Director/City Engineer PREPARED BY: Brianna Greenwood, P.E., Senior Civil Engineer SUBJECT: Letter Agreement with Segura Home Solutions Corp. in the amount of $80,440 for the City Hall and Library Painting Project, Project No. PW 2026-06.
PROJECT DESCRIPTION:
Repaint City Hall and Coachella Library. Project will include pressure washing, patching, and priming entire exterior of the City Hall and Library and applying two coats of paint.
STAFF RECOMMENDATION:
Authorize City Manager to execute a Letter Agreement with Segura Home Solutions Corp. in the amount of $80,440 for the City Hall and Library Painting Project, Project No. PW 2026-06.
FISCAL IMPACT:
No fiscal impact. This work is within budget and has been included in the FY 26/27 budget.
EXECUTIVE SUMMARY:
The City requested informal bids in accordance with City standards and in accordance with the California Public Contract Code. The project received proposals from three companies for this project.
Proposal results:
Company Name: City: Bid Amount:
Segura Home Solutions Coachella $80,440.00
Ben Castillo Custom Painting Indio $143,520.00
Jimenez Painting Company Pacoima $343,975.94
Staff reviewed the proposal and determined Segura Home Solutions is the lowest, responsive, responsible bidder. Staff recommends awarding the work to Segura Home Solutions.
Item 13.
ATTACHMENTS:
1. Letter Agreement with Segura Home Solutions
Item 13.
September 9, 2026
City of Coachella
53-990 Enterprise Way, Coachella, California 92236
Phone (760) 398-5744 * Fax (760) 398-1630 *www.coachella.org Segura Home Solutions Corp.
53003 Calle Empalme, Coachella, CA 92236
Re: City Hall and Library Exterior Painting, Project # PW 2026-06 Dear Mr. Segura:
This letter shall be our Agreement regarding the City Hall and Library Exterior Painting described below ('"Services") to be provided by Segura Home Solutions Corp., a Corporation, ("Contractor") as an independent contractor to the City of Coachella for the City Hall and Library Painting, Project # PW 2026-06 ("Project").
The Services to be provided include the following: providing labor and material to prep and paint the exterior of the City Hall and Library. The Services to be provided are more particularly described in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by reference.
Contractor shall perform all Services under this Letter of 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, and consistent with all applicable laws. Contractor 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. Compensation for the above services shall not exceed Eighty Thousand Four Hundred Forty Dollars and Zero Cents ($80,440.00).
Contractor is aware of the requirements of California Labor Code Section 1720, et ., and 1770, et ., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor 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 shal1 post copies at the Contractor's principal place of business and at the project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
Contractor shall provide proof of commercial general liability and automobile insurance to the City in amounts and with policies, endorsements and conditions required by the City for the Services.
If Contractor is an employer or otherwise hires one or more employees during the term of this Project, Contractor shall also provide proof of workers' compensation coverage for such employees which meets all requirements of state law. Page 189
Item 13.
Invoices shall be submitted to the City as performance of the Services progresses. City shall review and pay the approved charges on such invoices in a timely manner. Services on the Project shall be completed by December 31, 2026. The City may terminate this Letter of Agreement up to December 31, 2026 without cause. Contractor may terminate this Letter of Agreement for cause only.
Contractor shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any and all claims, demands, causes of action, expenses, liabilities, losses, damages, and injuries to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Services or this Agreement, including, without limitation, the payment of all consequential damages, attorneys fees and other related costs and expenses. To the fullest extent permitted by Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Contractor, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Contractor's Services, including without limitation the payment of all consequential damages, expe1t witness fees, and attorneys fees and other related costs and expenses.
Contractor shall defend, at Contractor'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 volm1teers. Contractor shall pay and satisfy any 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. Contractor 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. Contractor'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.
If you agree with the terms of this Letter of Agreement, please indicate by signing and dating where indicated below. An original, executed copy of this Letter of Agreement is enclosed for your records.
CITY OF COACHELLA
Approved by:
CONTRACTOR
Reviewed and Accepted by Contractor:
Gustavo Romo
City Manager
Signature
Name
Title
Date
2
Item 13.
53003 CALLE EMPALME, COACHELLA, CA 92236
BUSINESS NAME: SEGURA HOME SOLUTIONS CORP
CONTRACTOR NAME: FRANCISCO SEGURA JR.
BUSINESS PHONE NUMBER: (760) 223-9148
BUSINESS EMAIL:[email protected]
LICENSE NUMBER: 1099737
LIABILITY INSURANCE: PACIfiC UNITED INSURANCE SERVICES POLICY #: CK01CAC000467-03 WORKERS COMP: VALLEY FORGE INSURANCE COMPANY POLICY #:8036000260 BOND INFORMATION: RIVER INSURANCE COMPANY
BOND NUMBER: 04CF644621
BOND AMOUNT: $25,000 EFFECTIVE DATE06/06/2026
PROPOSAL
08/19/2026
Client Information:
City of Coachella
Proposal for Property: Coachella City Hall
*This job is being bid at Prevailing wages.
Project Description: Coachella City Hall Exterior Painting • Power wash building.
• Prep and protect all surrounding areas of the building. • Scrape all loose and peeling paint.
• Minimal patch repair prime all necessary areas.
• Prep all window frames.
• Prime and paint all flashing.
• Apply two coats of paint to all exterior surfaces.
• Apply two coats of paint to all window frames.
• Paint all building lettering.
Estimated project time Frame: Approximately two (2) weeks.
Item 13.
Scope of Work Pricing:
Contractor will perform the above work for the proposed TOTAL SUM OF $32,734 Acceptance of ContractAny work outside the scope of this proposal will require approved written change order before additional work is performed. A deposit may be required for any change orders and to be paid in full once change order is executed.
This proposal is approved and accepted by client. Each party understands that there are NO verbal agreements.
Acceptance of this proposal authorizes Segura Home Solutions Corp to proceed with the work described herein.
The above prices, specifications and conditions are satisfactory and are hereby accepted.
Approved and Accepted By:___________________________________ Date:__________________ (Client)
Item 13.
53003 CALLE EMPALME, COACHELLA, CA 92236
BUSINESS NAME: SEGURA HOME SOLUTIONS CORP
CONTRACTOR NAME: FRANCISCO SEGURA JR.
BUSINESS PHONE NUMBER: (760) 223-9148
BUSINESS EMAIL:[email protected]
LICENSE NUMBER: 1099737
LIABILITY INSURANCE: PACIfiC UNITED INSURANCE SERVICES POLICY #: CK01CAC000467-03 WORKERS COMP: VALLEY FORGE INSURANCE COMPANY POLICY #:8036000260 BOND INFORMATION: RIVER INSURANCE COMPANY
BOND NUMBER: 04CF644621
BOND AMOUNT: $25,000 EFFECTIVE DATE06/06/2026
PROPOSAL
08/19/2026
Client Information:
City of Coachella
Proposal for Property: Coachella Library
*This job is being bid at Prevailing wages.
Project Description: Coachella Library Exterior Painting Scope of Work:
• Prepare and protect the entire exterior work area.
• Prep the entire exterior of the building and patio for painting. • Scrape all loose, peeling, or failing paint as necessary. • Minimal Patch and repair all necessary surface imperfections and damaged areas. • Prime all repaired and patched areas.
• Apply two coats of paint to all fascia.
• Apply two coats of paint to all overhangs.
• Apply two coats of paint to all exterior stucco walls. • Complete the exterior using selected colors.
• Perform final cleanup and leave the work area clean upon completion. • Excluded work-wooden patio beams, black metal cross
Estimated project time Frame: Approximately two (2) weeks.
Item 13.
Scope of Work Pricing:
Contractor will perform the above work for the proposed TOTAL SUM OF $ 47,706 Acceptance of ContractAny work outside the scope of this proposal will require approved written change order before additional work is performed. A deposit may be required for any change orders and to be paid in full once change order is executed.
This proposal is approved and accepted by client. Each party understands that there are NO verbal agreements.
Acceptance of this proposal authorizes Segura Home Solutions Corp to proceed with the work described herein.
The above prices, specifications and conditions are satisfactory and are hereby accepted.
Approved and Accepted By:___________________________________ Date:__________________ (Client)
Item 13.
STAFF REPORT
9/9/2026
TO: Honorable Mayor and City Council Members
FROM: Delia Granados, Deputy City Clerk
PREPARED BY: Delia Granados, Deputy City Clerk
SUBJECT: Addition of Anti-Nepotism Language to City Commissions Applications PROJECT DESCRIPTION:
This item is proposing to add anti-nepotism language to the City’s Commissions applications.
STAFF RECOMMENDATION:
Staff Recommends that the City Council review and provide feedback and direction on the attached Commission Application with new proposed anti-nepotism language.
FISCAL IMPACT:
None.
BACKGROUND:
On July 22, 2026, staff presented a revision to the City’s anti-nepotism policy. The City Council adopted Resolution No. 2026-49 Amending Section 6.10 of the City of Coachella Personnel Rules and Regulations Regarding Anti-Nepotism. On August 12, 2026, the City Council directed staff to bring back an item to add anti-nepotism language to the City’s Commissions application at a future agenda. The intent of the added language is to prevent any perception of nepotism for new commission appointees by councilmembers in a similar fashion as the City’s anti-nepotism policy for new hires.
DISCUSSION/ANALYSIS:
Staff reviewed anti-nepotism practices at various public agencies and found that language can be placed on a commission application to prevent the occurrence of nepotism within City commissions. After much review and consideration, staff added new anti-nepotism language to the commission application, which is identified in red track changes on the draft application attached. The language on the commission application includes the following: “to promote public confidence and avoid the appearance of nepotism or favoritism, residents are not eligible for
Item 14.
appointment if they are a relative or household member of any City Councilmember. ‘Relative’ means a spouse, domestic partner, parent, child, sibling, grandparent, grandchild, aunt, uncle, niece, nephew, cousin, in-law, step-relative, or person residing in the same household as the Councilmember. Applicants must disclose any such relationship.” Staff further added an attestation clause as proof to the truthfulness of the information on the application and to hold applicants accountable.
CONCLUSION:
Staff Recommends that the City Council review and provide feedback and direction on the attached Commission Application with new proposed anti-nepotism language.
ATTACHMENT(S):
Draft Redlined Commission Application
Item 14.
80237.00000\45411085.1
CITY OF COACHELLA
COMMISSION APPLICATION
NAME: _____________________________________________________________________________ ADDRESS: ___________________________________________________________________________ TELEPHONE: ______________________________ E-MAIL: _________________________________ COMMISSION:
(PLEASE PLACE A CHECK MARK NEXT TO THE COMMITTEE YOU ARE APPLYING FOR TO
AVOID DELAY OR REJECTION OF THE APPLICATION)
Planning
Cultural and Arts
Parks and Recreation
Utilities User Tax Citizen Oversight (UUT)
Youth Advisory (To be eligible for appointment to the Commission you must be enrolled in high school.
Please state your age and high school you currently attend in the “other comments” in section 5.) Social Justice & Public Safety
To be eligible for appointment to any Commission you must be a resident of the City of Coachella.
In addition, to promote public confidence and avoid the appearance of nepotism or favoritism, residents are not eligible for appointment if they are a relative or household member of any City Councilmember. "Relative" means a spouse, domestic partner, parent, child, sibling, grandparent, grandchild, aunt, uncle, niece, nephew, cousin, in-law, step-relative, or person residing in the same household as the Councilmember. Applicants must disclose any such relationship. Members may only serve on one commission/committee.
Note: In the event a member of the commission has three (3) consecutive unexcused absences from meetings of the Commission, the City Council may declare the office of such member vacant.
PLEASE FURNISH BRIEF RESPONSES TO THE QUESTIONS BELOW:
1. Why do you think you should be appointed? What is there specifically in your background, training, education and interests that qualifies you as a candidate? __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________
Item 14.
CITY OF COACHELLA
COMMISSION APPLICATION
PAGE 2
(Revised 08-18-2026)
80237.00000\45411085.1
2. What do you see as the goals and objectives of the Commission? How would you help achieve these objectives and goals?
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________
3. What special qualities can you bring to the Commission?
4. Do you have any questions or comments about the Commission’s structure or functions? __________________________________________________________________________________
5. Other comments and/or ideas as to how you as a member of the selected Commission could benefit the City of Coachella.
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________
6. Are you related to any member of the City Council, or do you reside in the same household as any member of the City Council? ☐ No ☐ Yes
I declare under penalty of perjury that all information submitted in connection with this commission application is true, correct, and complete to the best of my knowledge and belief. I understand that any misrepresentation, omission, or false information may result in denial of this application, removal from consideration, or revocation of any commission or committee appointment. _______________________________________ ________________________________ Signature Date
Item 14.
CITY OF COACHELLA
COMMISSION APPLICATION
PAGE 2
(Revised 08-18-2026)
80237.00000\45411085.1
………………………………………………………………………………………………………………..
Note: Members of commissions shall be appointed for four-year terms or less. The term of each commission member shall continue for the term of the nominating council member and automatically terminate when the council member’s term ends. If a council member is reelected, that council member is entitled to make all new nominations or may choose to re-nominate the council member’s previous nominee.
Youth Advisory Commission Note: The term of a Commissioner is one year from August to June; mirroring the local school district’s school year.
PLEASE RETURN THIS COMPLETED APPLICATION TO:
Deputy City Clerk
City of Coachella
53-990 Enterprise Way
Coachella, CA 92236
[email protected]
Item 14.
STAFF REPORT
9/9/2026
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., Public Works Director/City Engineer PREPARED BY: Brianna Greenwood, P.E., Senior Civil Engineer SUBJECT: Construction Contract with JB Bostick, LLC. in the amount of $224,681.00 plus 10% contingency for the Construction of the Avenida de Platina Neighborhood Paving Rehabilitation, City Project No.ST-135.
STAFF RECOMMENDATION:
Authorize City Manager to execute a Construction Contract with JB Bostick, LLC. in the amount of $224,681.00 plus 10% contingency for the Construction of the Avenida de Platina Neighborhood Paving Rehabilitation, City Project No.ST-135.
FISCAL IMPACT:
No fiscal impact, the project has been included in the City’s approved CIP FY 26/27 budget. The contract amount of $224,681.00 and contingency in an amount of $22,468.10 will be funded with Measure A and SB1.
BACKGROUND:
The project has been included in the FY 26/27 pavement management plan in the Measure A and SB1 project lists. The project will grind and overlay 4” of asphalt of approximately 50,000 square feet within the Avenida de Platina Neighborhood, generally located north of Avenue 50 west of Cesar Chavez. The project also includes speed hump removal and reconstruction, signage and striping improvements, lowering and final grade adjustment of manholes, cleanouts, water valves, frames and collars, and all associated work.
DISCUSSION/ANALYSIS:
The City requested public bids in accordance with City standards and in compliance with the California Public Contract Code. On July 24, 2026, the City issued the Notice Inviting Bids with a non-mandatory job walk held on August 4, 2026. The project bid opening was held on August 19, 2026 at 10:00 a.m., with twelve companies submitting a bid for this project.
Item 15.
Bid opening results:
Company Name: City: Bid Amount:
JB Bostick, LLC. Anaheim $224,681.00
R.J. Noble Company Orange $254,928.80
Prestige Paving Company, Inc. La Mirada $255,776.06
Granite Construction Company Indio $276,000.00
Vance Corporation Bloomington $280,983.00
Romero General Construction Corp. Escondido $297,297.00 Hardy & Harper, Inc. Lake Forest $315,000.00
LCR Earthwork & Eng. Corp. Jurupa Valley $315,885.00
Rove Engineering, Inc. El Centro $317,031.50
NPG, Inc. Perris $338,698.00
Onyx Paving Company, Inc. Anaheim $345,000.00
LC Paving & Sealing, Inc. Escondido $359,718.00
Staff has reviewed the bid and determined that JB Bostick, LLC. is the lowest, responsive, responsible bidder. The total project cost, including construction and a 10% contingency is as follows:
Project Item: Project Cost:
Construction $ 224,681.00
Construction Contingency (10%) $ 22,468.10
TOTAL PROJECT COST: $ 247,149.10
ATTACHMENTS:
1. Construction Contract for JB Bostick, LLC.
2. Bid Tabulation
Item 15.
Avenida De Platina Neighborhood
Pavement Rehabilitation Project
-1- CONTRACT FOR CONSTRUCTION
CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), is made and entered into this 9 th day of September,
2026, by and between City of Coachella, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 53462 Enterprise Way, Coachella, California 92236, sometimes hereinafter called the “City” and JB Bostick, LLC, a Limited Liability Company, with its principal place of business at 2870 East La Cresta Avenue, Anaheim, CA 92806, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
AVENIDA DE PLATINA NEIGHBORHOOD PAVEMENT REHABILITATION PROJECT CITY PROJECT NO. ST-135
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 30 Working Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Hundred Twenty-Four Thousand Six Hundred Eighty-One Dollars and Zero Cents ($224,681.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Working Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the
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Avenida De Platina Neighborhood
Pavement Rehabilitation Project
-2- CONTRACT FOR CONSTRUCTION
Contractor will pay the City the sum of $1,500.00 for each and every Working Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture, if the improvements are not completed by the date set forth in the Invitation to Bid. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Drug-Free Workplace Certification
Asbestos-Free Material Certification
Recycled Content Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Technical Specifications
Addenda
Construction Plans and Drawings
City of Coachella Standard Specifications and Procedures (Latest) City of Coachella Standard Infrastructure Drawings (Latest) including Surface Improvement Standards and Water Standards
Standard Specifications for Public Works Construction “Greenbook” (Latest), Except Sections 1-9
Standard Plans for Public Works Construction “Greenbook” (Latest) Caltrans Standard Specifications (Latest), except Division 1 Caltrans Standard Plans (Latest)
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract
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Avenida De Platina Neighborhood
Pavement Rehabilitation Project
-3- CONTRACT FOR CONSTRUCTION
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Item 15.
Avenida De Platina Neighborhood
Pavement Rehabilitation Project
-4- CONTRACT FOR CONSTRUCTION
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
CITY OF COACHELLA
By:___________________________
Gustavo Romo, City Manager
ATTEST:
By:
Angela Zepeda, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
JB BOSTICK, LLC.
IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED
By:
Its:
Printed Name:
By:
Its:
Printed Name:
_A - 341573__________________________
Contractor’s License Number and Classification
__1000000734__________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
END OF CONTRACT
Item 15.
Avenida De Platina Neighborhood
Pavement Rehabilitation Project
-5- CONTRACT FOR CONSTRUCTION
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , , before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Item 15.
Avenida De Platina Neighborhood
Pavement Rehabilitation Project
-6-
PERFORMANCE BOND
BOND FORMS
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Coachella, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 53462 Enterprise Way, Coachella, California 92236 (hereinafter referred to as the “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Avenida De Platina Neighborhood Pavement Rehabilitation Project, City Project No. ST135, (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ______________________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.
The obligations of Surety hereunder shall continue so long as any obligation of Contractor
Item 15.
Avenida De Platina Neighborhood
Pavement Rehabilitation Project
-7-
PERFORMANCE BOND
remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Item 15.
Avenida De Platina Neighborhood
Pavement Rehabilitation Project
-8-
PERFORMANCE BOND
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, _______.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)
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Pavement Rehabilitation Project
-9-
PERFORMANCE BOND
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , _____, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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Avenida De Platina Neighborhood
Pavement Rehabilitation Project
-10-
PERFORMANCE BOND
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , _________, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.
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Avenida De Platina Neighborhood
Pavement Rehabilitation Project
-11-
PERFORMANCE BOND
END OF PERFORMANCE BOND
Item 15.
Avenida De Platina Neighborhood
Pavement Rehabilitation Project
-12-
PERFORMANCE BOND
Payment Bond (Labor and Materials)
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Coachella, a municipal corporation organized and operating under the laws of the State of California (hereinafter designated as the “City”), by action taken or a resolution passed on _______Date___________ ,_______, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Avenida De Platina Neighborhood Pavement Rehabilitation Project, City Project No. ST-135 (the “Project”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of _________________________________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining
Item 15.
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PERFORMANCE BOND
or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, ______.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Item 15.
Avenida De Platina Neighborhood
Pavement Rehabilitation Project
-14-
PERFORMANCE BOND
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , _______ , before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Item 15.
Avenida De Platina Neighborhood
Pavement Rehabilitation Project
-15-
PERFORMANCE BOND
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , ____, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
END OF PAYMENT BOND
Item 15.
CITY OF COACHELLA
Avenida Platina Neighborhood Pavement Rehabilitation Project Project No. ST-135
ITEM
NO. DESCRIPTION QTY UNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED
PRICE UNIT PRICE EXTENDED
PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED
PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED
PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED
PRICE UNIT PRICE EXTENDED
PRICE UNIT PRICE EXTENDED
PRICE UNIT PRICE EXTENDED
PRICE
1 Mobilization 1 LS $3,500.00 $3,500.00 $22,500.00 $22,500.00 $6,028.00 $6,028.00 $6,812.00 $6,812.00 $17,900.00 $17,900.00 $25,000.00 $25,000.00 $11,000.00 $11,000.00 $40,000.00 $40,000.00 $30,377.00 $30,377.00 $29,925.00 $29,925.00 $15,000.00 $15,000.00 $30,000.00 $30,000.00 2 Dust Control/Stormwater Best Management
Practices (BMP’s) 1 LS $1,500.00 $1,500.00 $950.00 $950.00 $4,790.00 $4,790.00 $200.00 $200.00 $7,780.00 $7,780.00 $2,950.00 $2,950.00 $3,164.00 $3,164.00 $3,000.00 $3,000.00 $10,623.00 $10,623.00 $6,977.00 $6,977.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 3 Traffic Control/Site Protection 1 LS $2,500.00 $2,500.00 $35,000.00 $35,000.00 $1,796.00 $1,796.00 $1,000.00 $1,000.00 $7,400.00 $7,400.00 $42,643.15 $42,643.15 $41,550.00 $41,550.00 $20,000.00 $20,000.00 $29,553.00 $29,553.00 $4,000.00 $4,000.00 $63,845.00 $63,845.00 $20,000.00 $20,000.00 4 Grind/Remove Existing Asphalt, Agg. Base,
and/or Subgrade to 4” Depth (F) 51,220 SF $0.60 $30,732.00 $0.64 $32,780.80 $1.07 $54,805.40 $1.00 $51,220.00 $0.95 $48,659.00 $0.93 $47,634.60 $0.95 $48,659.00 $1.00 $51,220.00 $1.10 $56,342.00 $2.50 $128,050.00 $0.85 $43,537.00 $1.50 $76,830.00 5 Construct 4” AC Over Re-compacted
Subgrade (F) 51,220 SF $2.95 $151,099.00 $2.40 $122,928.00 $2.88 $147,513.60 $3.40 $174,148.00 $3.00 $153,660.00 $2.58 $132,147.60 $3.35 $171,587.00 $3.25 $166,465.00 $2.90 $148,538.00 $2.50 $128,050.00 $3.40 $174,148.00 $3.65 $186,953.00 6 Lower and Adjust Existing Water Valve Frame
& Cover to Grade Per COC Std. W-12 & 12.1 3 EA $2,000.00 $6,000.00 $1,950.00 $5,850.00 $2,305.34 $6,916.02 $2,100.00 $6,300.00 $2,700.00 $8,100.00 $2,300.00 $6,900.00 $2,000.00 $6,000.00 $1,500.00 $4,500.00 $2,050.00 $6,150.00 $2,862.00 $8,586.00 $2,100.00 $6,300.00 $985.00 $2,955.00 7 Lower and Adjust Existing Sewer Manhole
Frame & Cover to Grade Per COC Std. D-10 3 EA $2,000.00 $6,000.00 $2,000.00 $6,000.00 $2,365.34 $7,096.02 $3,000.00 $9,000.00 $2,700.00 $8,100.00 $3,200.00 $9,600.00 $2,000.00 $6,000.00 $1,500.00 $4,500.00 $1,270.00 $3,810.00 $2,862.00 $8,586.00 $2,100.00 $6,300.00 $2,000.00 $6,000.00 8 Lower and Adjust Existing Sewer Cleanout
Frame & Cover to Grade Per CVWD Std S-6 2 EA $2,125.00 $4,250.00 $1,950.00 $3,900.00 $2,305.50 $4,611.00 $2,100.00 $4,200.00 $2,700.00 $5,400.00 $3,200.00 $6,400.00 $2,000.00 $4,000.00 $1,500.00 $3,000.00 $1,271.00 $2,542.00 $2,862.00 $5,724.00 $2,100.00 $4,200.00 $1,885.00 $3,770.00 9 Remove Existing Speed Hump 3 EA $200.00 $600.00 $150.00 $450.00 $312.67 $938.01 $340.00 $1,020.00 $570.00 $1,710.00 $340.55 $1,021.65 $1,100.00 $3,300.00 $1,000.00 $3,000.00 $378.00 $1,134.00 $1,000.00 $3,000.00 $400.00 $1,200.00 $800.00 $2,400.00 10 Construct Fire Department Approved Speed
Hump per COC Std. S-32.2 3 EA $1,500.00 $4,500.00 $4,200.00 $12,600.00 $3,673.67 $11,021.01 $3,700.00 $11,100.00 $3,500.00 $10,500.00 $4,000.00 $12,000.00 $2,730.00 $8,190.00 $2,500.00 $7,500.00 $4,880.50 $14,641.50 $3,200.00 $9,600.00 $4,600.00 $13,800.00 $4,175.00 $12,525.00 11 Paint Speed Humps, Crosswalks, Pavement
Markings, Red Curb, & Install RPM’s per Plan 1 LS $10,000.00 $10,000.00 $8,220.00 $8,220.00 $8,225.00 $8,225.00 $8,700.00 $8,700.00 $9,310.00 $9,310.00 $8,700.00 $8,700.00 $9,000.00 $9,000.00 $8,500.00 $8,500.00 $9,386.00 $9,386.00 $3,100.00 $3,100.00 $9,200.00 $9,200.00 $9,125.00 $9,125.00 12 Remove and/or Relocate Post & Sign per
Plan 2 EA $500.00 $1,000.00 $375.00 $750.00 $239.50 $479.00 $100.00 $200.00 $107.00 $214.00 $100.00 $200.00 $150.00 $300.00 $450.00 $900.00 $217.00 $434.00 $500.00 $1,000.00 $110.00 $220.00 $415.00 $830.00 13 F&I Post & Sign (Speed Hump) per COC Std.
S-32 6 EA $500.00 $3,000.00 $500.00 $3,000.00 $259.50 $1,557.00 $350.00 $2,100.00 $375.00 $2,250.00 $350.00 $2,100.00 $375.00 $2,250.00 $550.00 $3,300.00 $583.50 $3,501.00 $350.00 $2,100.00 $375.00 $2,250.00 $555.00 $3,330.00 $224,681.00 $254,928.80 $255,776.06 $276,000.00 $280,983.00 $297,297.00 $315,000.00 $315,885.00 $317,031.50 $338,698.00 $345,000.00 $359,718.00 Indicates Staff correction of the math.
Indicates Apparent Low Bidder
Romero General Construction Corp. Hardy & Harper, Inc.
TOTAL
Bid Schedule JB Bostik, LLC R.J. Noble Company Prestige Paving Company, Inc. Granite Construction Company Vance Corporation LC Paving & Sealing, Inc. LCR Earthwork & Engineering, Corp. Rove Engineering, Inc. NPG, Inc. Onyx Paving Company, Inc.
Item 15.
STAFF REPORT
9/9/2026
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., Public Works Director/City Engineer PREPARED BY: Brianna Greenwood, P.E., Senior Civil Engineer SUBJECT: Authorize the direct purchase of Skatepark equipment from American Ramp Company, in an amount not-to-exceed $225,000 for the Dateland Skatepark, City Project P-27.
STAFF RECOMMENDATION:
Authorize the direct purchase of Skatepark equipment from American Ramp Company, in an amount not-to-exceed $225,000 for the Dateland Skatepark, City Project P-27.
FISCAL IMPACT:
The Dateland Skatepark Project has been budgeted in the FY 26/27 CIP budget and is funded by the TCC Grant. No additional appropriations are required.
BACKGROUND:
On February 10, 2025, the City of Coachella entered into a standard agreement with the Strategic Growth Council (SGC) for the Transformative Climate Communities (TCC) grant award in the amount of $22,125,000. The Coachella Prospera initiative is comprised of multiple projects to be implemented in a five-square mile area in the selected areas of the City, and each project and plan is led by a partnering organization in support of a shared vision of climate resiliency. As a part of this initiative, the City is the lead in several of these projects including the Dateland Skatepark.
DISCUSSION/ANALYSIS:
A cooperative purchasing agency (Sourcewell) has completed a formal bid process and awarded bids to American Ramp Company. As a member of Sourcewell, the City may piggyback and take advantage of this service agreement and requests authorization to make the direct purchases that have been quoted in the attachments.
American Ramp Company proposes to provide the City with “turn-key” services (i.e., public outreach, design, manufacturing, and installation) for development of approximately 9,000-square
Item 16.
foot skate park at Dateland Park. The purchase would include above ground amenities in their X Series line that includes a triple-layer riding surface with a classic look. This product is manufactured by American Ramp Company and installed at the project site. This product offers a 20-year warranty on all steel ramp components, 15-year warranty on all HDPE Substrate, and a 5- year warranty on phenolic surface.
ATTACHMENTS:
1. American Ramp Company Scope Letter
Item 16.
AMERICANRAMPCOMPANY.COM
9603 - CA, COACHELLA
Item 16.
9603 - CA, COACHELLA
AMERICANRAMPCOMPANY.COM
Item 16.
AMERICANRAMPCOMPANY.COM
9603 - CA, COACHELLA
Item 16.
601 S. McKinley Ave., Joplin, MO 64801
Local: 417-206-6816
Fax: 417-206-6888
[email protected]
Quote # Design # Customer Date Designer
Q29939.1 9603 City of Coachella 08-28-26 Chuck Dodge
Item Obstacle Height Width Length X Series
1 Julia’s Curb 6” 10” 12.0’
2 Grindbox 1.0' 4.0' 12.0'
3 Quarter Pipe 4.0' 4.0' 11.0'
4 Quarter Pipe 4.0' 4.0' 11.0'
5 Quarter Pipe 4.0' 4.0' 7.0'
6 Pyramid Section (Wedge) 2.0' 6.0' 16.0'
7 Wedge, Flat, Wedge 2.0' 4.0' 16.0'
8 Grind Rail, Kinked (Round) 1.5' 2" 18.0'
9 Bank Ramp (Wedge) 2.5' 4.0' 8.0'
10 Bank Ramp (Wedge) 2.5' 4.0' 8.0'
11 Bank Ramp (Wedge) 2.5' 4.0' 8.0'
12 Bank Ramp (Wedge) 2.5' 4.0' 8.0'
13 Wedge, Flat, Stair 2.0' 4.0' 15.0'
14 Quarter Pipe 5.0' 4.0' 15.0'
15 Quarter Pipe 5.0' 4.0' 15.0'
16 Bank Ramp 5.0' 4.0' 15.0'
17 Bank Ramp 5.0' 4.0' 15.0'
18 Grind Rail (Square) 1.0' 3" 10.0'
19 Grindbox 6" 4.0' 12.0'
20 Grindbox (2' Wide) 1.5' 2.0' 16.0'
26 Quarter Pipe 4.0' 4.0' 7.0'
27 Quarter Pipe 4.0' 4.0' 11.0'
28 Quarter Pipe 4.0' 4.0' 11.0'
29 Euro Gap 2.0' 4.0' 18.0'
30 Wedge, Flat, Wedge 2.0' 4.0' 18.0'
31 Grind Rail, Kinked (Round) 1.5' 2" 13.0'
32 Wedge, Flat, Wedge 2.0' 4.0' 18.0'
33 Bank Ramp 4.0' 4.0' 13.0'
34 Bank Ramp 4.0' 4.0' 13.0'
35 Bank Ramp 4.0' 4.0' 13.0'
36 Grind Rail (Round) 1.0' 2" 20.0'
39 DIY Spine 2.5' 8.0' 11.5'
TOTAL $189,601.11
Sourcewell Discount -$15,168.08
Sales Tax @ 8.75% $10,688.83
Remove and Dispose of Existing Ramps $39,878.14
GRAND TOTAL $225,000.00
Item 16.
601 S. McKinley Ave., Joplin, MO 64801
Local: 417-206-6816
Fax: 417-206-6888
[email protected]
Quote # Design # Customer Date Designer
Q29939.1 9603 City of Coachella 08-28-26 Chuck Dodge
Notes:
• This design is intended to be a concept only. Layout and ramp list to be confirmed prior to installation. • This turnkey quote includes equipment, shipping, and installation. • This quote includes a Sourcewell discount (if procured through Sourcewell Purchasing Co-Op). • This quote includes prevailing wage.
• This quote includes sales tax on material only at 8.75%. If not applicable, call for revised quote. • Quote includes removal and disposal of existing ramps. • Quote is good for 30 days.
Purchase through our competitively bid government Sourcewell contract.
Item 16.
STAFF REPORT
9/9/2026
TO: Honorable Mayor and City Council Members
FROM: Andrew R. Simmons, Director of Public Works/City Engineer PREPARED BY: Andrew R. Simmons, Director of Public Works/City Engineer SUBJECT: Approve Sponsorship and in-kind services request for the 2026 Synergy Zine and Live Art Festival by Culturas Music and Arts in the Amount of $25,000.
PROJECT DESCRIPTION:
Synergy Music and Arts Festival was established in 2012 with the unveiling of the Shady Lane Mural. Since then, the Synergy Festival has been convening artists, musicians, and the community to celebrate culture by featuring live music performances, a low-rider car show, art created by local artists, and other creative activities for all ages.
STAFF RECOMMENDATION:
Staff recommends that the City Council considers approving a sponsorship request for the Synergy Zine and Art Festival by Culturas Music and Arts in the Amount of $19,000 and provide approximately $6,000 of in-kind support services for a total event contribution of $25,000, which is in line with the approved budgeted allocation for this event. This total does not include staff overtime expenses which are budgeted under salaries and benefits and are not billed directly to the event. The total estimated cost of overtime for staffing the event is approximately $4,000.
FISCAL IMPACT:
No Fiscal Impact. The Synergy Zine Festival has been included in the approved 26/27 fiscal budget funded from the General Fund. The City has budgeted $25,000 in funds for the Synergy Zine Festival in the approved 26/27 fiscal year budget. A proposed Sponsorship of $19,000 with approximately $6,000 in estimated support services will total $25,000 in total event expenses, in accordance with the approved budget.
DISCUSSION/ANALYSIS:
This year’s Synergy Zine and Live Art Festival is taking place on Saturday, November 14, 2026 from 10:00 am until 6:00 p.m. at Dateland Park and will feature live bands, a music disc jockey, food vendors, art displays, merchandise vendors, and car show (this year’s event will not have a beer garden).
Item 17.
Culturas Music and Arts is also requesting the following “in-kind” items, which have an approximate total value of $6,000:
1. Road closures along Shady Lane between Bagdad Street and Avenue 52 - $3,000
2. Five (5) Portable Bathrooms with Wash Stations - $1,500
3. Trash Bins - $500
4. Two (2) Small Generators for DJ and Car Show - $1,000
5. City support Staff – (Overtime costs for events are covered in annual salary estimates and are not billed directly to the event)
Additionally, Culturas Music and Arts is also requesting that the City supply a stage and sound system for the event this year which was not included in the annual proposed budget. The additional cost for these items is estimated to be about $15,000.
Culturas Music and Arts has requested a total sponsorship of $20,200 and their in-kind requests are an additional $21,000. The total request from Culturas Music and Arts, is in excess of $45,000 when combined with the expected overtime costs for the event. Staff does not recommend this level of contribution since it is in excess of the approved annual budget for the event.
CONCLUSION:
City Staff recommends approving sponsorship and in-kind services for a total amount of $25,000 for the Synergy Zine Festival, which includes a $19,000 sponsorship and $6,000 of in-kind services.
Alternatively, City council could sponsor the full cost of the event and all requested in-kind services including procurement of a stage and sound system at a total cost of $41,200. This level of sponsorship would require an additional General Fund allocation of $16,200.
ATTACHMENT(S):
Synergy Music and art Festival – Sponsorship request.
Item 17.
Synergy Music & Arts Festival – November
14,2026 Dateland Park Coachella
Budget Overview
Total Cash Budget: $20,200
Coordination & Staffing
• Live Art Coordinator Stipend ........................................ $1,200 • Additional Coordinator Stipends .................................... $1,000 • Kids Ballet Program (snacks, drinks, stipends) ................$800 Art Programs & Supplies
• Paint supplies, water, snacks, artist fees for live art panels. $7,000 • Kids arts supplies (crafts, paint, markers, paper) .................$800 • Community performers (music, dance, cultural groups) ......$3,500 • Car show trophies (lowrider culture awards) ........................$1,000 Music & Entertainment
• DJ services ............................................................................ $600 Promotion & Visibility
• Promotional shirts (volunteers, artists, staff) ........................ $1,500 • Promotional flyers (community outreach) ............................ $500 Event Infrastructure
• Canopy, chairs, tables for visitors ....................................,,,,,, $900 • Fire permit ......................................................................,,,,,,. $600 • Environmental permit ....................................................,,,,,,,,, $500 • Event insurance ................................................................ ,,,,,,$300
Item 17.
In-Kind Support Requested
• Street closures: Bagdad Ave & Shady Lane through Ave 52 • Five (5) porta potties with wash basins
• Small stage with sound system
• Two generators (one for DJ, one for vendor support)
• Barricades, cones, and safety signage
• City support for traffic control and public safety presence Why This Festival Matters
The Synergy Music & Arts Festival uplifts the cultural, artistic, and community spirit of the Eastern Coachella Valley. In a region where access to the arts is limited, Synergy creates a free, welcoming space where families, youth, artists, and culture-keepers can gather, express themselves, and feel seen.
Synergy breaks stigmas by showcasing the beauty, talent, and creativity that thrive in our neighborhoods. It invites people from throughout the entire Coachella Valley to come together, connect, and experience the richness of our community. The festival builds true community, offering a space for self-expression, healing, and cultural pride through art, music, dance, storytelling, and tradition.
This festival provides paid opportunities for local artists, dancers, musicians, and community performers who rarely receive public platforms. It honors lowrider culture, youth dancers, and community storytellers, strengthening intergenerational connection and belonging.
Synergy also supports economic opportunities for small businesses and vendors, while offering safe, family-friendly programming that promotes wellness, unity, and joy.
Most importantly, Synergy shows our youth that their stories, their art, and their culture matter. It is an investment in the future of the Eastern Coachella Valley—building confidence, creativity, and collective joy.
Item 17.
STAFF REPORT
9/9/2026
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Director of Economic Development
PREPARED BY: Celina Jimenez, Director of Economic Development SUBJECT: Approve a Professional Services Agreement and a Contract Option for the Greater Coachella Valley Chamber of Commerce Business Support Services for Fiscal Year 2026-27
STAFF RECOMMENDATION:
Staff is seeking direction from the City Council on selecting and approving a professional services agreement and contract option for the Greater Coachella Valley Chamber of Commerce to operate the Coachella Community Business and Resource Center with either a three or four-day service model for fiscal year 2026-27.
FISCAL IMPACT:
The Greater Coachella Valley Chamber of Commerce is offering two contract service options for the Coachella Community Business and Resource Center:
1. Option (A) Four-Day Service Model: $50,000 | 9AM – 4PM
2. Option (B) Three-Day Service Model: $40,000 | 9AM – 4PM BACKGROUND:
On July 8, 2026, the City Council approved a contribution of $28,000 for the Greater Coachella Valley Chamber of Commerce (the Chamber) in an effort to continue the coordination of upcoming special events and requested that the Chamber return at a later date with further justification to consider additional funds.
The Chamber is proposing to operate a Coachella Community Business & Resource Center as a comprehensive business support, education, outreach, and shared workspace program serving businesses throughout the City of Coachella. This proposed structure consolidates the Chamber’s traditional Business Services agreement with the expanded Community Business and Resource Center model. In prior years, the Chamber’s standard Business Services program was provided as a separate $6,000-dollar annual line item. Under this proposal, that separate line item would be
Item 18.
eliminated and the full scope of those services would be incorporated into the annual operating rate for the Community Business and Resource Center. The annual investment therefore includes both the Chamber’s existing business support services and a significantly expanded level of local access, education, outreach, workspace, partner resources, and wraparound business assistance.
DISCUSSION/ANALYSIS:
Under either service option, the Chamber will provide:
Business Services
Business assistance, support, and referrals
Ribbon cuttings and business milestone recognition
Business resource connections
Workforce development and hiring resources
Marketing and business-growth assistance
Connections to financing, technical assistance, and other business programs Chamber program and event connections
Business advocacy and representation
Proactive outreach to businesses throughout the City of Coachella Follow-up and coordination of business service requests These services represent the full scope of the Business Services program previously contracted separately at $6,000 annually and are included within the rates below at no additional cost.
Community Business & Resource Center
Staffed Chamber office during designated operating hours Free shared desk and workspace access for businesses and entrepreneurs Wi-Fi access
Printing and basic office services
Conference room and meeting space
Professional space for meetings and collaboration
Access to Chamber staff for business assistance and resource navigation Coordination of partner office hours and resource sessions Wraparound Business Support
The Chamber will coordinate with regional and local partners to help make additional business resources more consistently available within Coachella. Potential services may include:
Workforce development
Employee recruitment and training
Business planning and technical assistance
Marketing, branding, and communications
Access to capital and financial resources
Entrepreneurship and startup assistance
Item 18.
Licensing and regulatory assistance
Government procurement and contracting
Technology and digital-business support
Internship and apprenticeship resources
The goal will be to create a local point of access to services that businesses may otherwise need to travel outside of Coachella to receive.
Business Education & Training
The Chamber will coordinate and host regular seminars, workshops, trainings, and business education programs at the Coachella office.
Programming will be informed by needs identified through direct outreach and interaction with local businesses and may include topics such as marketing, workforce development, access to capital, technology, business growth, employment regulations, customer service, government contracting, and other areas relevant to the local business community.
Educational programs will be advertised and promoted as accessible to businesses throughout the City of Coachella, with outreach conducted through Chamber communications, direct business outreach, social media, newsletters, partner organizations, printed materials, and other appropriate channels.
Visitor Center Services
During designated operating hours, the lobby will continue to serve as the Chamber office and administrative location. At no additional cost, the Chamber will also continue operating the lobby as a visitor center, providing information about Coachella businesses, attractions, dining, events, lodging, and other community resources.
ANNUAL SERVICE OPTIONS
Option (A) Four-Day Service Model: $50,000 Annually
The Coachella Community Business & Resource Center will be staffed and open:
9:00 AM–4:00 PM, four days per week
The annual rate includes the complete scope of services outlined above, including:
Full Business Services program previously provided under the separate $6,000 annual agreement
Four days per week of staffed office operations
Free shared workspace access during operating hours
Business outreach and direct assistance
Regular training and educational programming
Wraparound partner services
Business resource coordination
Item 18.
Conference and meeting space
Visitor center operations
Ongoing promotion of available business resources and programming throughout Coachella
Option (B) Three-Day Service Model: $40,000 Annually
The Coachella Community Business & Resource Center will be staffed and open:
9:00 AM–4:00 PM, three days per week
The annual rate includes the same overall scope of Business Services, wraparound support, education and training, outreach, shared workspace, resource coordination, and visitor services outlined above.
The primary difference between the two service models is the number of days each week that the office, staff, and shared workspace are available for regular public access.
BUSINESS SERVICE SUPPORT SUMMARY
1. Option (A) Four-Day Service Model: $50,000 [9AM – 4PM]
2. Option (B) Three-Day Service Model: $40,000 [9AM – 4PM] The proposed model expands upon those traditional services by providing the City of Coachella with a more comprehensive and locally accessible business support system that combines direct business services, proactive outreach, regular education and training, free shared workspace, regional resource partners, wraparound business assistance, and continued visitor center operations. The ultimate goal is to provide businesses throughout Coachella with a consistent and recognizable place to access services, receive support, participate in education and training, connect with resources, and build stronger pathways for business growth and success.
ATTACHMENT(S):
1. Professional Services Agreement – GCVCC Business Support Services
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CITY OF COACHELLA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of Coachella, a municipal corporation organized under the laws of the State of California with its principal place of business at 53990 Enterprise Way, Coachella, California 92236, County of Riverside, State of California ("City") and THE GREATER COACHELLA VALLEY CHAMBER OF COMMERCE, a CORPORATION, with its principal place of business at 45149 SMURR STREET, SUITE A, INDIO, CA 92201 ("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 and offering BUSINESS SUPPORT 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 BUSINESS SUPPORT SERVICES 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 BUSINESS SUPPORT consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" and Exhibit “B” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
a. The Chamber shall a. Proactively represent the City of Coachella to potential business and industry which will add to the tax base of the City. b. Encourage tourist interest in Coachella and promote tourism through the Visitor Center with destination visitors and local residents. The Chamber will provide visitor information services for the benefit of its residents as well as all business, retail, restaurant, hotel
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and other related establishments.
c. Establish, coordinate and operate various "Business Services" as described in Exhibit "A", attached hereto and incorporated herein by this referenced. Provide quarterly reports to the City Council on economic development and Chamber activities
3.2 Purpose
a. The purpose of this agreement is to enter into a partnership between the City of Coachella and the Greater Coachella Valley Chamber of Commerce for the purpose of undertaking the planning and implementation of economic development, marketing and business development services and providing assistance to retain business and generally strengthen and expand the business climate and economic opportunities in the City of Coachella.
b. The City will provide such assistance and guidance as may be required to support the objective set forth in this Agreement and will provide the funding and in-kind services for the services and activities set forth in this agreement. c. The Chamber will provide professional and qualified staff and volunteers that will work to disseminate appropriate information to existing and prospective businesses and community members and operate within agreed upon hours.
3.2.1 Term. The term of this Agreement shall be from JULY 1, 2026 to JUNE 30, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.3 Compensation.
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 _____________________ ($XX,XXX) 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 this Agreement.
3.3.2 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.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
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expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
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 the City.
3.4 Responsibilities of Consultant.
3.4.1 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, unemployment insurance, disability insurance, and workers' compensation insurance.
3.4.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner 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 expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.4.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.4.4 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:
BRANDON MARLEY, PRESIDENT + CEO.
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3.4.5 City's Representative. The City hereby designates its CITY MANAGER, 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.
3.4.6 Consultant's Representative. Consultant hereby designates BRANDON MARLEY, PRESIDENT + CEO, 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.
3.4.7 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.
3.4.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.4.9 Period of Performance.
3.4.9.1 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
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Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.4.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) 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.
3.4.9.3 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.
3.4.10 Laws and Regulations; Employee/Labor Certification.
3.4.10.1 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.
3.4.10.2 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.
3.4.10.3 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
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Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.4.10.4 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.
3.4.10.5 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.
3.4.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.4.11 Insurance.
3.4.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.4.11.2 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.
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(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.
3.4.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
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(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.
3.4.11.4 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.
3.4.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.4.11.6 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.
3.4.11.7 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.
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3.4.11.8 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.
3.4.11.9 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.
3.4.11.10 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.
3.4.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.4.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional
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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.
3.5 Labor Code Requirements.
3.5.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.5.2 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.
3.5.3 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
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or any subconsultant.
3.5.4 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.
3.6 Termination of Agreement.
3.6.1.1 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.
3.6.1.2 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.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.7 Indemnification.
3.7.1 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.
3.7.2 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
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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.
3.8 General Provisions.
3.8.1 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.
3.8.2 Independent Contractors and Subcontracting.
3.8.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.8.2.2 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.
3.8.3 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: THE GREATER COACHELLA VALLEY CHAMBER OF COMMERCE 45149 Smurr Street
Indio, CA 92201
ATTN: Brandon Marley, President + CEO
City: CITY OF COACHELLA
53990 Enterprise Way
Coachella, CA 92236
ATTN: City Manager
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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.
3.8.4 Ownership of Materials and Confidentiality.
3.8.4.1 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 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.
3.8.4.2 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.
3.8.4.3 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
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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.
3.8.4.4 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.
3.8.4.5 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.
3.8.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.8.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.8.6 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.
3.8.7 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
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reasonable attorneys’ fees and all costs of such action.
3.8.8 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.
3.8.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.8.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.8.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.8.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.8.13 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.
3.8.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.8.15 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.
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3.8.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.8.17 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.
3.8.18 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.
3.8.19 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.
3.8.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.8.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COACHELLA AND
THE GREATER COACHELLA VALLEY CHAMBER OF COMMERCE
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF COACHELLA THE GREATER COACHELLA VALLEY
CHAMBER OF COMMERCE
By:
Its: President and CEO
Printed Name: Brandon Marley
Approved By:
GUSTAVO J. ROMO
CITY MANAGER
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:
_______________________________
Angela Zepeda
City Clerk
Item 18.
Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"
[Schedule of Services & Scope of Work]
To be determined based on the contract option selected by the City Council Under either service option, the Chamber will provide:
Business Services
Business assistance, support, and referrals
Ribbon cuttings and business milestone recognition
Business resource connections
Workforce development and hiring resources
Marketing and business-growth assistance
Connections to financing, technical assistance, and other business programs Chamber program and event connections
Business advocacy and representation
Proactive outreach to businesses throughout the City of Coachella Follow-up and coordination of business service requests These services represent the full scope of the Business Services program previously contracted separately at $6,000 annually and are included within the rates below at no additional cost.
Community Business & Resource Center
Staffed Chamber office during designated operating hours Free shared desk and workspace access for businesses and entrepreneurs Wi-Fi access
Printing and basic office services
Conference room and meeting space
Professional space for meetings and collaboration
Access to Chamber staff for business assistance and resource navigation Coordination of partner office hours and resource sessions Wraparound Business Support
The Chamber will coordinate with regional and local partners to help make additional business resources more consistently available within Coachella. Potential services may include:
Workforce development
Employee recruitment and training
Business planning and technical assistance
Marketing, branding, and communications
Access to capital and financial resources
Entrepreneurship and startup assistance
Licensing and regulatory assistance
Government procurement and contracting
Item 18.
Exhibit “B”-2 PROFESSIONAL SERVICES AGREEMENT
Technology and digital-business support
Internship and apprenticeship resources
The goal will be to create a local point of access to services that businesses may otherwise need to travel outside of Coachella to receive.
Business Education & Training
The Chamber will coordinate and host regular seminars, workshops, trainings, and business education programs at the Coachella office.
Programming will be informed by needs identified through direct outreach and interaction with local businesses and may include topics such as marketing, workforce development, access to capital, technology, business growth, employment regulations, customer service, government contracting, and other areas relevant to the local business community.
Educational programs will be advertised and promoted as accessible to businesses throughout the City of Coachella, with outreach conducted through Chamber communications, direct business outreach, social media, newsletters, partner organizations, printed materials, and other appropriate channels.
Visitor Center Services
During designated operating hours, the lobby will continue to serve as the Chamber office and administrative location. At no additional cost, the Chamber will also continue operating the lobby as a visitor center, providing information about Coachella businesses, attractions, dining, events, lodging, and other community resources.
Item 18.
Exhibit “B”-3 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"
[Schedule of Services & Scope of Work]
To be determined based on the contract option selected by the City Council
1. Option (A) Four-Day Service Model: $50,000
2. Option (B) Three-Day Service Model: $40,000
Item 18.
Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "C"
COMPENSATION AND RATES OF SERVICES
Option (A) Four-Day Service Model: $50,000 Annually
The Coachella Community Business & Resource Center will be staffed and open:
9:00 AM–4:00 PM, four days per week
The annual rate includes the complete scope of services outlined above, including:
Full Business Services program previously provided under the separate $6,000 annual agreement
Four days per week of staffed office operations
Free shared workspace access during operating hours
Business outreach and direct assistance
Regular training and educational programming
Wraparound partner services
Business resource coordination
Conference and meeting space
Visitor center operations
Ongoing promotion of available business resources and programming throughout Coachella
Option (B) Three-Day Service Model: $40,000 Annually
The Coachella Community Business & Resource Center will be staffed and open:
9:00 AM–4:00 PM, three days per week
The annual rate includes the same overall scope of Business Services, wraparound support, education and training, outreach, shared workspace, resource coordination, and visitor services outlined above.
*CONTRACT OPTION TO BE DETERMINED BY THE CITY COUNCIL*
Item 18.
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STAFF REPORT
9/9/2026
TO: Honorable Mayor and City Council Members
FROM: Kendra Reif, Community Development Director
PREPARED BY: Kendra Reif, Community Development Director SUBJECT: Introduction and First Reading of Ordinance No. 1232, Regulating the Sale and Distribution of Kratom Products
STAFF RECOMMENDATION:
Staff recommends that the City Council introduce for first reading, by title only, and waive further reading of Ordinance No. 1232 of the City Council of the City of Coachella, California, Regulating the Sale and Distribution of Kratom Products.
Alternative Actions:
1. Direct staff to revise the proposed ordinance based on City Council direction and return the ordinance for first reading at a future meeting.
2. Continue the item and direct staff to obtain additional information, conduct further stakeholder outreach, or evaluate alternative regulatory approaches before returning with a revised ordinance for City Council consideration.
3. Decline to introduce the proposed ordinance.
FISCAL IMPACT:
Implementation of the ordinance is anticipated to be accomplished using existing staff resources.
Any enforcement costs would be absorbed within existing departmental budgets to the extent feasible. Administrative citation revenues may partially offset future enforcement costs.
EXECUTIVE SUMMARY:
The proposed ordinance would add Chapter 8.70 to the Coachella Municipal Code to regulate the sale, distribution, furnishing, marketing, display, and possession for sale of kratom products, 7- hydroxymitragynine products, commonly known as “7-OH,” and synthesized or semi-synthesized kratom alkaloid products. The ordinance is modeled on Riverside County Ordinance No. 1004, while adapting the enforcement provisions to the City’s municipal code framework and local enforcement needs.
Item 19.
Error! Unknown document property name.
Riverside County’s ordinance prohibits sales to persons under 21 years of age, prohibits products with more than 2% 7-OH as a percentage of total kratom alkaloids, and prohibits child attractive packaging and marketing. The ordinance is intended to address emerging public health and safety concerns associated with concentrated 7-OH and kratom-derived products sold in retail settings, including smoke shops, convenience stores, gas stations, and online markets. The FDA has stated that 7-OH is a concentrated byproduct of kratom with potential for abuse due to its ability to bind to opioid receptors, and the FDA has recommended scheduling action for certain 7-OH products under the federal Controlled Substances Act.
BACKGROUND:
Kratom, or Mitragyna speciosa, is a tropical plant native to Southeast Asia. Products derived from kratom leaves are commonly sold in powder, capsule, tablet, gummy, drink, extract, and shot form.
Kratom contains several alkaloids, including mitragynine and 7-hydroxymitragynine. According to the FDA, 7-OH occurs naturally in kratom only as a minor constituent, generally comprising less than 2% of the total alkaloid content in natural kratom leaves; however, 7-OH has substantially greater mu-opioid receptor potency than mitragynine and other opioids such as morphine.
The recent regulatory concern has focused less on traditional kratom leaf products and more on products containing added, enhanced, concentrated, synthesized, or semi-synthesized 7-OH. The FDA has issued warning letters to companies marketing products containing 7-OH, including tablets, gummies, drink mixes, and shots, and has stated that 7-OH is not lawful in dietary supplements, cannot lawfully be added to conventional foods, and is not contained in any FDAapproved drug product.
The FDA has also warned consumers that products containing 7-OH may cause serious harm, including addiction, anxiety, depression, gastrointestinal distress, insomnia, seizures, and withdrawal symptoms. The FDA has identified the retail availability of these products, particularly in smoke shops, gas stations, corner stores, and online sales channels, as a public health concern.
At the state level, the California Department of Public Health and the California Department of Alcoholic Beverage Control have also taken enforcement and educational actions concerning kratom and 7-OH products. ABC has reported that CDPH considers food and dietary supplements containing kratom and/or 7-OH to be adulterated under federal and state law, and that CDPH has seized more than $5 million worth of kratom and 7-OH products.
In October 2025, Riverside County adopted Ordinance No. 1004 to regulate the sale and distribution of kratom products in the unincorporated county area. The County ordinance was intended to prohibit the sale, distribution, or possession of kratom and 7-OH products containing more than 2% 7-OH in the alkaloid fraction, recognizing the public health risks associated with elevated concentrations of 7-OH. The proposed Coachella ordinance follows that regional policy approach while creating a standalone City ordinance applicable within the City.
The ordinance also includes enforcement provisions tailored to the City’s enforcement authority.
Violations may be prosecuted as misdemeanors or infractions, or addressed through administrative citations, civil actions, injunctive relief, nuisance abatement, or other remedies authorized by the
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Error! Unknown document property name.
Coachella Municipal Code or applicable law. The ordinance also authorizes lawful seizure and disposal of violating products after appropriate administrative, civil, or criminal determination; recognizes potential business license and permit remedies; and authorizes cost recovery for investigation, enforcement, abatement, storage, testing, disposal, and related costs.
These provisions are intended to provide City enforcement officials with practical tools to address retail sale and distribution of prohibited products while preserving due process and ensuring that any seizure, disposal, license action, or cost recovery is handled in accordance with applicable law.
The ordinance does not purport to regulate lawful medical, pharmaceutical, or research activities otherwise authorized by state or federal law.
The proposed local regulations are also consistent with the regional approach adopted by Riverside County. Riverside County Ordinance No. 1004 includes the same core public health concepts:
restricting sales to minors, limiting products with elevated 7-OH concentration, and prohibiting packaging attractive to children. Adoption of a City ordinance would allow the City to regulate and enforce these requirements within the City limits.
The proposed ordinance is intended to establish local standards and is not intended to authorize the sale, distribution, or marketing of any product that is otherwise prohibited or unlawful under federal or state law. By adopting regulations consistent with those recently enacted by Riverside County, the City seeks to provide clear enforcement authority within the City's jurisdiction while promoting regional consistency for retailers and protecting the health and safety of Coachella residents.
ENVIRONMENTAL REVIEW:
The City Council finds that this Ordinance is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15061(b)(3) and 15060(c)(2), as applicable because the regulation of Kratom product sales will not result in a direct or reasonably foreseeable physical change in the environment.
CONCLUSION:
Based on staff’s research and analysis, staff finds that adoption of the proposed ordinance is in the public’s best interest. Therefore, staff recommends that the City Council introduce for first reading, by title only, and waive further reading of Ordinance No. 1232 of the City Council of the City of Coachella, California, Regulating the Sale and Distribution of Kratom Products.
ATTACHMENTS:
1. Proposed Ordinance No. 1232
Item 19.
ORDINANCE NO. 1232
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COACHELLA, CALIFORNIA, ADDING CHAPTER 8.70 TO TITLE 8 HEALTH AND SAFETY OF
THE COACHELLA MUNICIPAL CODE TO REGULATE THE SALE AND
DISTRIBUTION OF KRATOM PRODUCTS WITHIN THE CITY OF
COACHELLA
WHEREAS, Article XI, Section 7 of the California Constitution authorizes cities to adopt and enforce ordinances and regulations to protect the public health, safety, and welfare; and WHEREAS, the City of Coachella (“City”) possesses broad police powers to regulate businesses, commercial activities, and other matters affecting the public health, safety, welfare, and the environment; and
WHEREAS, Government Code Sections 37100 and 38771 authorize the City to adopt ordinances necessary to protect the public health, safety, and welfare to declare and abate public nuisances; and
WHEREAS, kratom (Mitragyna speciosa) and products containing hydroxymitragynine (also known as 7-OH) have raised public health and public safety concerns relating to potency, dependency, youth access, impaired driving, and marketing practices attractive to children; and WHEREAS, the City Council of the City of Coachella (“City Council”) desires to protect the public safety, health, and welfare of the City’s residents by adopting local regulations consistent with the regional-approach provided for under Riverside County Ordinance No. 1004; and WHEREAS, the City Council finds that adoption of this Ordinance is a proper exercise of the City’s police powers to protect the public safety, health, and welfare; and WHEREAS, the City Council further finds that adoption of this Ordinance serves the best interests of the residents of Coachella.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COACHELLA DOES ORDAIN AS FOLLOWS:
SECTION 1. INCORPORATION OF RECITALS. The City Council hereby finds that all of the foregoing recitals presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council.
SECTION 2. FINDINGS AND PURPOSE
It is the intent of the City Council to prohibit the sale, distribution, or possession for sale, marketing, labeling, display, or maintaining for sale of kratom and hydroxymitragynine (also known as 7-OH) products within the City of Coachella that contain more than 2% of 7-OH in the alkaloid fraction, recognizing the significant health risks associated with elevated concentrations of this alkaloid.
Item 19.
Ordinance No. 1232
Kratom (mitragyna speciosa) is a tropical tree native to Southeast Asia, and its leaves are often consumed in powdered or extract form for their stimulant and sedative effects. The active compounds in kratom include mitragynine and 7-OH. While mitragynine is present in higher concentrations, 7- OH is more potent and is largely responsible for the stronger pain-relieving, sedative, and euphoric effects.
Research has shown 7-OH has euphoric and mood-enhancing effects, particularly at higher doses, which can increase its appeal for recreational use. Research has also shown that 7-OH binds to opioid receptors in the brain with greater affinity than morphine, making it significantly more powerful in relieving pain. This greater potency raises significant concerns about its safety profile, especially regarding the potential for addiction, overdose, and adverse physical and psychological effects, including nausea, vomiting, and potential psychosis. These risks are compounded when products contain higher concentrations of 7-OH.
Health advisories have raised concerns over the safety of kratom products, particularly those with higher concentrations of 7-OH, which may increase the potential for abuse and harm to public health.
The United States Food and Drug Administration (FDA) has issued several warning letters to various companies for illegally marketing products containing enhanced levels of 7-OH culminating in a formal request to the U.S. Drug Enforcement Administration (DEA) on July 29, 2025, to place 7-OH products on the controlled substance list.
Health officials, including the FDA, have raised concerns over the safety of kratom products, particularly those with higher concentrations of 7-OH, which may increase the potential for abuse and harm to public health.
At least one county in California, and several cities in California, has recently taken steps to regulate or ban kratom products, recognizing the need to protect public safety, especially among vulnerable populations.
The City Council, in its commitment to safeguarding the health and well-being of its residents by ensuring that products available for sale do not pose undue health risks, hereby restricts the sale and distribution of kratom and 7-OH products containing more than 2% of 7-OH in the alkaloid fraction, thereby reducing potential risks to public health and safety.
SECTION 3. CHAPTER 8.70 ADDED TO TITLE 8 OF THE COACHELLA MUNICIPAL CODE.
Title 8 of the Coachella Municipal Code is hereby amended to add Chapter 8.70 to read in its entirety as follows:
CHAPTER 8.70 – REGULATION OF KRATOM PRODUCTS
8.70.010 – Intent and Purpose.
A. The purpose and expressed intent of this Chapter is to regulate within the City of Coachella the sale and distribution of kratom products and 7-OH products in order to reduce public health and safety risks associated with unregulated, high-potency, synthesized, and semi-synthesized kratom products. The City Council recognizes the health and safety risks posed by these readily accessible products and hereby exercises its authority to regulate kratom products pursuant to Article XI,
Item 19.
Ordinance No. 1232
Section 7 of the California Constitution and other applicable laws authorizing the City to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.
B. Additionally, the purpose and expressed intent of this Chapter is to establish reasonable regulations governing the sale and distribution of kratom products and 7-OH products in order to protect public health, safety, and welfare, including by restricting sales to persons under twenty-one (21) years of age, requiring age verification, limiting the concentration of 7-OH, prohibiting products that are attractive to children, and restricting products containing synthesized or semi-synthesized kratom alkaloids, constituents, or derivatives.
8.70.020 – Definitions.
As used in this Chapter, the following terms shall have the following meanings:
“7-OH product” means a product containing hydroxymitragynine. “Attractive to children” means any of the following:
1. Use of images that are attractive to children, including, but not limited to, images of any of the following, except as part of required health warnings:
a. Cartoons, toys, or robots.
b. Any real or fictional humans.
c. Fictional animals or creatures.
d. Fruits or vegetables, except when used to accurately describe ingredients or flavors contained in a product.
2. Likeness to images, characters, or phrases that are popularly used to advertise to children.
3. Imitation of candy packaging or labeling, or other packaging and labeling of cereals, sweets, chips, or other food products typically marketed to children.
4. The terms “candy” or “candies” or variants in spelling such as “kandy” or “kandee.”
5. Brand names or close imitations of brand names of candies, cereals, sweets, chips, or other food products typically marketed to children.
6. Any other image, packaging, labeling, or marketing that a reasonable person would conclude is primarily designed or likely to appeal to children, based on the totality of the packaging, labeling, and marketing context.
7. Any other packaging used that is attractive to children considering all relevant facts and circumstances.
Item 19.
Ordinance No. 1232
“Kratom leaf” means the leaf of the kratom plant, also known as mitragyna speciosa, in any form.
“Kratom leaf extract” means the material obtained by extraction of kratom leaves by any means.
“Kratom product” means a product consisting of kratom leaf, kratom leaf extract, or both; any part of a leaf of the plant mitragyna speciosa in fresh, dehydrated or dried form or a kratom extract or any product that contains any kratom alkaloid or metabolite. “Semi-synthesized” means an alkaloid, alkaloid derivative, kratom constituent, or kratom derivative that has been chemically or biosynthetically converted, altered, enhanced, concentrated, or otherwise modified from a naturally occurring kratom alkaloid or constituent, including through a process that confers a structural change in the alkaloid or constituent.
“Synthesized” means an alkaloid or alkaloid derivative that has been created by chemical synthesis or biosynthetic means (including but not limited to: fermentation, recombinant techniques, yeast derived enzymatic techniques) rather than traditional food preparation techniques such as heating or extracting. It also includes alkaloids that have been further exposed to chemicals or processes that would confer a structural change in the alkaloids contained within the extract.
“Total kratom alkaloids” means the sum of mitragynine, speciociliatine, speciogynine, paynantheine, and 7-OH in a kratom product.
8.70.030 – Prohibition on Sale and Distribution of Kratom and 7-OH Products.
A. Except as otherwise authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer for sale, provide, furnish, give away, or distribute a kratom product or 7-OH product to a person under twenty-one (21) years of age.
B. Except as otherwise authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer for sale, provide, furnish, give away, or distribute a kratom product or 7-OH product with a level of 7-OH that is greater than two percent (2%) of the total kratom alkaloids in the product.
C. Except as otherwise authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer for sale, provide, furnish, give away, or distribute a kratom product or 7-OH product that is attractive to children.
D. Any individual, business, or other entity that sells, attempts to sell, offers for sale, provides, furnishes, gives away, or distributes a kratom product or 7-OH product shall conduct age verification to ensure compliance with subsection A. Age verification shall be conducted by reviewing a valid government-issued photo identification establishing that the purchaser or recipient is at least twenty-one (21) years of age.
E. Except as otherwise authorized by law, no individual, business, or other entity shall sell, attempt to sell, offer for sale, provide, furnish, give away, distribute, possess for sale, market, label, display,
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or maintain for sale any kratom product or 7-OH product that contains or is adulterated with synthesized or semi-synthesized kratom alkaloids, kratom constituents, or kratom derivatives.
F. Nothing in this Chapter shall apply to lawful medical, pharmaceutical, scientific, or research activities authorized under applicable federal or state law.
8.70.040 – Violations and Penalties.
A. Any person or entity violating any provision of this Chapter may be charged as a misdemeanor or an infraction, at the discretion of the City Attorney or other official authorized by law. In the event a misdemeanor charge is filed, the City Attorney is authorized, to the extent permitted by law, to reduce the charge to an infraction.
B. In addition to, or in lieu of, criminal enforcement, violations of this Chapter may be enforced by administrative citation, civil action, injunctive relief, nuisance abatement, or any other administrative, civil, equitable, or criminal remedy authorized by the Coachella Municipal Code or other applicable law.
C. A violation of this Chapter may be punished as a misdemeanor by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment, to the extent permitted by law. A violation charged as an infraction shall be punishable as provided by law.
D. Each person or entity that violates this Chapter is guilty of a separate offense for each and every day, or portion thereof, during which the violation is committed, continued, maintained, or permitted.
E. The remedies provided in this Chapter are cumulative and not exclusive, and nothing in this Chapter shall preclude the City from pursuing any other remedy or penalty authorized by the Coachella Municipal Code or applicable law.
8.70.050 – Product Seizure, Evidence, and Disposal.
A. Any kratom product, 7-OH product, synthesized or semi-synthesized kratom alkaloid product, package, container, advertisement, record, document, or other item that is sold, offered for sale, provided, furnished, distributed, possessed for sale, marketed, labeled, displayed, or maintained in violation of this Chapter may be seized, impounded, held as evidence, or otherwise handled in accordance with applicable law.
B. Any administrative citation, seizure, impoundment, disposal, business license action, cost recovery determination, or other administrative enforcement action taken under this Chapter shall be subject to the notice, hearing, appeal, and judicial review procedures set forth in Chapter 3.28 of this Code governing administrative appeals, unless a different procedure is required by this Code or applicable law.
C. Before any seized product or item is destroyed or otherwise disposed of, the City shall provide notice and an opportunity for administrative review in accordance with Chapter 3.28 of this Code governing administrative appeals, unless the product or item is contraband, evidence in a criminal
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matter, subject to a court order, abandoned, or otherwise authorized for disposal under applicable law.
D. Any item seized pursuant to this Chapter shall be handled in accordance with applicable law enforcement, code enforcement, evidentiary, administrative, and due process requirements.
E. Upon a final administrative, civil, or criminal determination that a seized product or item violates this Chapter, or upon other lawful authorization, such product or item may be destroyed or otherwise disposed of in a manner approved by the Chief of Police or designee and consistent with applicable law.
F. Nothing in this section limits the authority of a peace officer, code enforcement officer, or other authorized enforcement official to seize contraband, evidence, or other property pursuant to any other applicable law.
8.70.060 – Business License and Permit Remedies.
A. A violation of this Chapter may constitute grounds for denial, suspension, revocation, or nonrenewal of any City business license, business tax certificate, permit, entitlement, approval, or other City authorization held by or requested by the violator, to the extent authorized by this Code and applicable law.
B. The City may withhold issuance or renewal of a City business license, business tax certificate, permit, entitlement, approval, or other City authorization for any business or property where violations of this Chapter have occurred until all violations are corrected and all final penalties, fines, and recoverable administrative costs have been paid, to the extent authorized by this Code and applicable law.
C. The remedies set forth in this section are cumulative and shall not limit the City’s authority to impose any other administrative, civil, criminal, licensing, permitting, or nuisance abatement remedy available under this Code or applicable law.
8.70.070 – Cost Recovery.
A. The City may recover all costs incurred in investigating, enforcing, prosecuting, and abating violations of this Chapter, including, but not limited to, staff time, inspection costs, attorneys’ fees where authorized by law, administrative costs, abatement costs, storage costs, testing costs, disposal costs, and any other costs recoverable under this Code or applicable law.
B. Cost recovery under this section may be pursued by administrative process, civil action, collection action, nuisance abatement proceeding, lien, special assessment, or any other method authorized by this Code or applicable law.
SECTION 4. CEQA DETERMINATION.
The City Council finds that this Ordinance is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15061(b)(3) and 15060(c)(2), as applicable because the regulation of Kratom product sales will not result in a direct or reasonably foreseeable physical change in the environment.
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Ordinance No. 1232
SECTION 5. SEVERABILITY.
If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect thirty (30) days after adoption.
SECTION 7. PUBLICATION.
The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Coachella, pursuant to all legal requirements.
SECTION 8. CERTIFICATION.
The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in accordance with California Government Code Section 36933.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Coachella on the 9th day of September 2026.
Dr. Frank Figueroa
Mayor
ATTEST:
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER
City Attorney
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Ordinance No. 1232
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Ordinance No. 1232 was duly introduced at a regular meeting of the City Council on the 9
th day of September 2026 by the following vote of
Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk
Item 19.
STAFF REPORT
9/9/2026
TO: Honorable Mayor and City Council Members
FROM: Kendra Reif, Community Development Director
PREPARED BY: Kendra Reif, Community Development Director SUBJECT: Introduction and First Reading of Ordinance No. 1233, adding Chapter 8.65 (“Smoke-Free Areas”) to Title VIII of the Coachella Municipal Code to establish smoke-free areas intended to protect public health and the environment.
STAFF RECOMMENDATION:
Staff recommends that the City Council introduce for first reading, by title only, and waive further reading of Ordinance No. 1233 of the City Council of the City of Coachella, California, adding Chapter 8.65 (“Smoke-Free Areas”) to Title VIII of the Coachella Municipal Code to establish smoke-free areas intended to protect public health and the environment.
Alternative Actions:
1. Direct staff to revise the proposed ordinance based on City Council direction and return the ordinance for first reading at a future meeting.
2. Continue the item and direct staff to obtain additional information, conduct further stakeholder outreach, or evaluate alternative regulatory approaches before returning with a revised ordinance for City Council consideration.
3. Decline to introduce the proposed ordinance.
FISCAL IMPACT:
Implementation of the ordinance is anticipated to be accomplished using existing staff resources.
Any enforcement costs would be absorbed within existing departmental budgets to the extent feasible. Administrative citation revenues may partially offset future enforcement costs.
EXECUTIVE SUMMARY:
The proposed draft Ordinance would add Chapter 8.65 (“Smoke-Free Areas”) to Title VIII of the Coachella Municipal Code, and bans smoking (including vape and cannabis) and the use of any tobacco product or cannabis product in designated areas, including but not limited to: sidewalks, plazas, parks, playgrounds, service lines, hospitals, health care and child care facilities, restaurants,
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business buildings, theaters and event spaces, and within 25 feet of entrances, air intakes, and operable windows. Multi-unit residential leases must include smoke-free provisions beginning January 1, 2027. The ordinance separately prohibits smoking on essentially all City-owned, leased, occupied, or operated property, including City Hall, community centers, libraries, senior centers, parking lots, plazas, and adjacent sidewalks. Exemptions cover private residences not open to the public, private moving vehicles, traditional indigenous ceremonies, private smoking events, smoking on golf courses, and within specially designated smoking areas under certain circumstances. The measure protects public health, reduces litter and fire hazards, and improves air quality.
BACKGROUND:
The City has prepared the proposed ordinance establishing smoke-free regulations intended to protect public health, reduce exposure to secondhand smoke, and address environmental impacts associated with smoking-related waste. The proposed ordinance would add Chapter 8.65 (“SmokeFree Areas”) to Title VIII of the Coachella Municipal Code.
The proposed ordinance is intended to expand protections in public spaces and multi-unit residential settings by regulating smoking, tobacco products, cannabis products, and electronic smoking devices in designated locations throughout the City.
The proposed ordinance was developed in response to continuing public health concerns associated with secondhand smoke exposure, smoking-related litter, and fire hazards, while also providing clear operational standards and enforcement mechanisms.
Under Health & Safety Code § 104495 and Government Code § 36900 et seq., the City may adopt stricter smoke-free rules than state law. The U.S. Surgeon General confirms no safe level of secondhand-smoke exposure, and tobacco waste harms the environment. City Attorney Ryan Guiboa prepared the final ordinance text to ensure legal consistency and enforceability.
DISCUSSION:
The draft ordinance includes proposed regulations and standards addressing the following:
Prohibiting smoking and the use of tobacco, cannabis products, and electronic smoking devices in designated public places and recreational areas; Establishing smoke-free requirements for multi-unit residential properties; Prohibiting smoking within specified distances from entrances, exits, windows, and ventilation systems;
Regulating smoking during public events and in service areas; Requiring property owners and operators to post signage in both English and Spanish, and maintain compliance;
Establishing enforcement procedures and administrative authority; and Providing limited exemptions for specific circumstances, including ceremonial Indigenous uses and certain private smoking events.
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The ordinance is intended to provide consistent regulations that promote public health and environmental protections while balancing operational considerations for residents, businesses, property owners, and event organizers.
ENVIRONMENTAL REVIEW:
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15060(c)(2) because it is not a "project" as defined in CEQA Guidelines Section 15378. The Ordinance establishes public health regulations governing smoking, vaping, and the use of tobacco and cannabis products in specified locations throughout the City and does not authorize or result in any direct or reasonably foreseeable physical change to the environment.
In the alternative, if the Ordinance were determined to constitute a "project" under CEQA, it is exempt pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption, because it can be seen with certainty that there is no possibility that adoption of this Ordinance may have a significant effect on the environment. The Ordinance establishes operational regulations intended to protect public health, improve air quality, reduce smoking-related litter, and decrease fire hazards and does not authorize any physical development or expansion of existing uses.
CONCLUSION:
Based on staff’s research and analysis, staff finds that adoption of the proposed ordinance is in the public’s best interest. Therefore, staff recommends that the City Council introduce for first reading, by title only, and waive further reading of Ordinance No. 1233 of the City Council of the City of Coachella, California, adding Chapter 8.65 (“Smoke-Free Areas”) to Title VIII of the Coachella Municipal Code to establish smoke-free areas intended to protect public health and the environment.
ATTACHMENTS:
1. Proposed Ordinance No. 1233
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ORDINANCE NO. 1233
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COACHELLA, CALIFORNIA, ADDING CHAPTER 8.65 (“SMOKE-FREE AREAS”) TO TITLE
VIII OF THE COACHELLA MUNICIPAL CODE AND ESTABLISHING
SMOKE-FREE AREAS TO PROTECT PUBLIC HEALTH AND THE
ENVIRONMENT, AND DETERMINING THAT THE PROPOSED IS EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15378
WHEREAS, use of tobacco products causes death and disease and continues to be an urgent public health challenge; and
WHEREAS, the United States Surgeon General has determined there is no safe level of exposure to secondhand smoke; and
WHEREAS, secondhand smoke contains more than 7,000 chemicals, including hundreds that are toxic and approximately 70 that cause cancer; and WHEREAS, secondhand-smoke exposure can reach hazardous levels in outdoor areas depending on proximity, wind direction, and the presence of barriers or enclosures; and WHEREAS, California Health and Safety Code section 104495 authorizes cities to enact restrictions on smoking that are more stringent than state law; and WHEREAS, discarded cigarette and cigar butts are non-biodegradable litter, toxic to wildlife, and a common cause of outdoor fires; and
WHEREAS, electronic smoking devices are not a safe alternative to smoking because they also contain high levels of toxic chemicals; and
WHEREAS, prohibiting the use of electronic smoking devices in designated areas also provides an identifiable public health benefit; and
WHEREAS, laws restricting smoking and the use of tobacco products, including electronic smoking devices, have recognizable benefits to public health; and WHEREAS, this ordinance is exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15061(b)(3), because it has no potential for resulting in physical changes to the environment, directly or indirectly; and WHEREAS, the City of Coachella City Council finds and determines that regulating smoking and the use of tobacco products, including electronic smoking devices, is necessary to protect the health, safety, and welfare of residents, workers, and visitors.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COACHELLA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
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SECTION 1. INCORPORATION OF RECITALS. The City Council hereby finds that all of the foregoing recitals presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council.
SECTION 2. CHAPTER 8.65 ADDED TO COACHELLA MUNICIPAL CODE TITLE VIII.
Title VIII of the Coachella Municipal Code is amended to add Chapter 8.65 to read in its entirety as follows:
CHAPTER 8.65
8.65.010 – Purpose
The purpose of this chapter is to safeguard the public health, comfort, and environment by regulating smoking, and reducing exposure to secondhand smoke, in public places and multi-unit residences.
8.65.020 – Definitions
A. “Administrator” means the City Manager or their designee.
B. “Cannabis ” means all parts of the plant Cannabis sativa Linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from Cannabis. “Cannabis” also means marijuana as defined by Section 11018 of the California Health and Safety Code. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, “Cannabis” does not mean industrial hemp as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.”
C. “Cannabis product” means any product containing, made of, or derived from cannabis, natural or synthetic, that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, and any component or accessory of such a product.
D. “Electronic smoking device” means any device that can be used to aerosolize, vaporize, or otherwise deliver nicotine or any other substance to the person inhaling from the device, including, but not limited to, an e-cigarette, vape pen, or electronic cigar, and any component, part, or accessory of such a device.
E. “Enclosed area” means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has either
1. any type of overhead cover whether or not that cover includes vents or other openings and at least three (3) walls or other vertical constraint to
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airflow including, but not limited to, vegetation of any height, whether or not those boundaries include vents or other openings; or
2. four (4) walls or other vertical constraints to airflow including, but not limited to, vegetation that exceed six (6) feet in height, whether or not those boundaries include vents or other openings.
F. “Multi-unit residence” means a property containing two or more residential units, including apartments, condominiums, townhomes, senior-living facilities, and long-term-care homes, regardless of ownership pattern.
G. "Place of Worship" means any church, synagogue, mosque, temple, chapel, or other building or site regularly used for religious services or activities.
H. “Public place” means any place, public or private, that is open and accessible to the general public, including but not limited to streets, sidewalks, plazas, parks, recreational areas, outdoor dining areas, public buildings, public event venues, and service areas.
I. “Recreational area” means any park, playground, sports field, trail, recreational facilities, athletic fields, sports courts, skate parks, splash pads, dog parks, community gardens, picnic areas, open space preserves, trails, trailheads, swimming pool or similar facility open to the public for recreational purposes; provided, however, that golf-course grounds are excluded from this definition for purposes of this chapter.
J. “Service area” means any area where a service is offered or where one or more persons wait to obtain a service, whether or not such service includes the exchange of money, including but not limited to bus stops, rideshare pick-up zones, cab stands, ATM lines, and ticket or retail queues.
K. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated tobacco, cannabis, or other plant product intended for inhalation, whether natural or synthetic, and whether in cigarettes, cigars, pipes, hookahs, or any other form. “Smoking” includes the use of an electronic smoking device.
L. “Tobacco product” means any product containing, made of, or derived from tobacco or nicotine, natural or synthetic, that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, and any component or accessory of such a product.
M. “Unenclosed area” means any area that is not an enclosed area.
N. "Youth Recreational Facility" means any recreational area primarily intended for use by persons under eighteen (18) years of age.
8.65.030 – Prohibitions
Smoking and the use of any tobacco product or cannabis product are prohibited in the following locations and within twenty-five (25) feet thereof unless a greater distance is required by this chapter or state law:
A. All recreational areas and all adjacent public rights of way, parking lots, sidewalks, plazas, restrooms, concession areas, spectator seating areas, and other public amenities located within or serving such facilities.
B. Any public place during a City-permitted special event or assembly.
C. All health care facilities and hospitals, as defined in Section 1250 of the California
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Health and Safety Code, including waiting rooms, public hallways and lobbies, smoking is prohibited, excluding any specially designated smoking areas.
D. All child care facilities, including those in private homes, during operating hours in rooms where children are present.
E. All public meeting rooms, hearing rooms, conference rooms, chambers and places of public assembly in which public business is conducted, when the public business requires or provides direct participation or observation by the general public.
F. All theaters, auditoriums, or other enclosed facilities which are open to the public for the primary purpose of exhibiting any motion picture, stage drama, musical recital, athletic events or any other performance or event, excluding any specially designated smoking areas.
G. All eating establishments, excluding any specially designated smoking areas.
H. All buildings and structures intended for use by business entities for professional services, excluding any specially designated smoking areas.
I. Any entrance, exit, operable window, or air-intake vent of any building, including a multi-unit residence.
J. Any multi-unit residence in accordance with Section 8.65.060.
K. Any other unenclosed area that the Administrator designates as smoke-free to protect the public health.
L. Any transit stop.
M. All government-owned building.
N. Any outdoor public gathering area.
O. Within one hundred (100) feet of any public or private elementary school, middle school, high school, preschool, licensed daycare center, or youth recreational facility.
P. Within fifty (50) feet of any hospital, medical clinic, urgent care center, senior center, assisted living facility, nursing home, or place of worship while services or organized activities are occurring.
Q.
8.65.031 – Smoke-Free City Facilities
Smoking and the use of any tobacco product or cannabis product shall be prohibited on all property owned, leased, occupied, or operated by the City, including but not limited to:
A. City Hall;
B. Police facilities;
C. Fire stations;
D. Public works facilities;
E. Community centers;
F. Libraries;
G. Senior centers;
H. Maintenance yards;
I. Parking lots;
J. Public plazas;
K. Public sidewalks immediately adjacent to City buildings; L. Any other City-owned or City-controlled property not specifically exempted by this chapter.
8.65.033 – Fire Hazard Areas
Smoking and the use of any tobacco product or cannabis product shall be prohibited in any
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public open space, landscaped area, wash, drainage corridor, natural preserve, trail, or other location designated by the Fire Chief or City Manager as presenting an elevated wildfire or fire hazard.
8.65.034 – City-Sponsored Events
Smoking and the use of any tobacco product or cannabis product shall be prohibited at all City-sponsored, City-sponsored in partnership, City-funded, or City-permitted public events, including but not limited to:
A. Festivals;
B. Concerts;
C. Farmers markets;
D. Holiday celebrations;
E. Sporting events;
F. Parades;
G. Community fairs;
H. Youth programs;
I. Public ceremonies; and
J. Any other event conducted on public property or pursuant to a City-issued special event permit.
Event organizers shall provide smoke-free signage at all public entrances and include notice of the smoke-free requirements in promotional materials, vendor agreements, and event permits where feasible.
8.65.040 – Smoking Waste
No person shall discard any tobacco product, cannabis product, ash, electronic smoking device, or other smoking waste in any public place or on any private property not the person's own except in a non-combustible, closed receptacle designed for that purpose.
8.65.050 – Exemptions
The prohibitions specified in this chapter shall not apply under the following circumstances:
A. Unenclosed areas of single-family detached residences when such areas are not open to the public or being used for a business purpose.
B. A moving private passenger vehicle that is not parked or idling in a service area, and does not contain a passenger who is a minor.
C. The ceremonial use of tobacco or other plant products by Indigenous persons as part of their traditional spiritual or cultural practices.
D. Outdoor areas of golf courses while the course is in use for the game of golf, provided that smoking waste is disposed of in non-combustible receptacles and no other smoking prohibition under state law applies.
E. Smoking lounges otherwise authorized pursuant to this Code.
F. Private Smoking Events. Smoking may occur solely within the boundaries of a private smoking event when all of the following requirements are satisfied. This
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exemption is self-effectuating and applies only if each condition is met at all times during the event.
1. Private, Invitation-Only Attendance. The event is not open to the general public. Attendance is by invitation or pre-registration only, with controlled access at all entry points.
2. Age Restrictions.
a) Cigar/Tobacco Events: All attendees must be at least eighteen (18) years of age, unless a higher minimum applies under state law. b) Cannabis Events: All attendees, workers, and vendors must be twenty-one (21) years of age or older.
3. Location, Enclosure, and Visibility.
a) Smoking shall occur only within an enclosed or clearly barricaded event area delineated by temporary fencing, stanchions, walls, or equivalent barriers, with monitored entry points.
b) Smoking shall not be visible from any public place or nonparticipant area at ground level.
4. Odor, Ventilation, and Setbacks. The organizer shall implement measures sufficient to prevent detectable smoke or odor at the property line and to protect occupants of adjacent properties.
8.65.060 – Smoke-Free Multi-Unit Residences
A. All leases for units in multi-unit residences entered into on and after January 1, 2027 must contain the prohibitions set forth in this section.
B. Smoking and the use of any tobacco product or cannabis product is prohibited in every unit of a multi-unit residence, whether the unit is rented or owned.
C. Smoking and the use of any tobacco product or cannabis product is prohibited in all indoor and outdoor common areas of a multi-unit residence, including but not limited to hallways, lobbies, laundry rooms, parking areas, recreation rooms, pools, courtyards, balconies, patios, and porches.
D. Smoking and the use of any tobacco product or cannabis product is prohibited within twenty-five (25) feet of any doorway, window, opening, or vent of a multiunit residence.
8.65.070 – Property Owner and Operator Responsibilities A. Every property owner or manager, event organizer, business operator, or controlling agent shall ensure compliance with this chapter on any premise, subject to the prohibitions specified in Section 8.65.030, under their control.
B. Required measures include, but are not limited to:
1. Removing all ashtrays and other smoking paraphernalia from any area where smoking is prohibited;
2. Conspicuously posting "No Smoking" or "Smoke-Free Area" signs in places under their control where smoking and the use of any tobacco product or cannabis product is prohibited.
a) Signs shall contain the international no-smoking symbol and language substantially stating: “Smoke-Free Area: Smoking,
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vaping, chewing tobacco, and the use of cannabis products are prohibited pursuant to Chapter 8.65 of the Coachella Municipal Code.”
b) Signs shall:
i. Be written in both English and Spanish;
ii. Be weather resistant;
iii. Be a minimum of eight (8) inches by ten (10) inches in size; iv. Be placed where they are unobstructed and clearly visible to the public;
v. Be posted at every primary entrance and in sufficient number to give reasonable notice; and
vi. Remain legible at all times;
c) Signs shall be posted
d) Damaged or missing signs shall be replaced within thirty (30) days after discovery.
3. Providing tenants, employees, guests, visitors, and event patrons with written notice of the prohibitions.
a) The City shall post reasonable signage at City-owned recreation areas.
C. A property owner or manager, event organizer, business operator, or controlling agent may request the Administrator's written approval of a designated smoking area at a large outdoor venue, subject to conditions necessary to protect public health and prevent litter.
8.65.080 – Enforcement; Penalties
A. This chapter shall be enforced by any code enforcement officer or other authorized enforcement agent.
B. It is unlawful and a public nuisance for any person to violate any provision or fail to comply with any requirement of this chapter. Any person violating any provision of this chapter or failing to comply with any requirement is deemed guilty of an infraction in accordance with Chapter 1.08 of this Code.
C. The Administrator may adopt rules and regulations and approve forms to implement and enforce this chapter.
D. Unless otherwise provided by this Code, violations of this chapter shall be subject to the following administrative fines, issued pursuant to Title 3 of this code:
1. First Violation: One hundred dollars ($100.00);
2. Second Violation of the same provision within twelve (12) months: Two hundred dollars ($200.00);
3. Third Violation of the same provision within twelve (12) months: Five hundred dollars ($500.00);
4. Each additional violation of the same provision within twelve (12) months:
One thousand dollars ($1,000.00).
E. Each separate violation of this chapter may be cited independently. A person who violates more than one provision of this chapter during the same occurrence may
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be cited for each separate violation. Each day that a violation continues shall constitute a separate and distinct offense.
F. Any person violating the same provision of this section four or more times is guilty of a criminal infraction in accordance with Chapter 3.44 of this Code and may be charged with a misdemeanor.
G. The administrative remedies provided herein are cumulative and are in addition to any other remedies available under federal law, state law, or this Code.
H. Nothing in this chapter shall prevent the City from seeking civil, criminal, or equitable relief where authorized by law.
I. The Administrator, or designee, may suspend or revoke any Special Event Permit, issued pursuant to this Code, upon finding that the permittee knowingly or repeatedly allowed violations of this chapter after receiving notice from City staff or law enforcement.
8.65.085 – Public Education
The Administrator may prepare educational materials, conduct public outreach, and develop informational programs to assist residents, businesses, and visitors in complying with this chapter.
8.65.090 – Non-Retaliation
No person shall discharge, refuse to hire, or in any manner retaliate against any individual who exercises any right under this chapter or who seeks to enforce its provisions.
8.65.095 – Appeals
Any person aggrieved by the requirements of this chapter may appeal a determination pursuant to Title 3 of this Code.
8.65.100 – Severability
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons and circumstances shall not be affected thereby.
SECTION 3. CEQA DETERMINATION. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15060(c)(2) because it is not a "project" as defined in CEQA Guidelines Section 15378.
The Ordinance establishes public health regulations governing smoking, vaping, and the use of tobacco and cannabis products in specified locations throughout the City and does not authorize or result in any direct or reasonably foreseeable physical change to the environment.
In the alternative, if the Ordinance were determined to constitute a "project" under CEQA, it is exempt pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption, because it can be seen with certainty that there is no possibility that adoption of this Ordinance may have a significant effect on the environment. The Ordinance establishes operational
Item 20.
Ordinance No. 1233
regulations intended to protect public health, improve air quality, reduce smoking-related litter, and decrease fire hazards and does not authorize any physical development or expansion of existing uses.
SECTION 4. SEVERABILITY. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days from its adoption.
SECTION 6. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Coachella, pursuant to all legal requirements.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Coachella on the 9th day of September 2026.
Dr. Frank Figueroa
Mayor
ATTEST:
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER
City Attorney
Item 20.
Ordinance No. 1233
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Ordinance No. 1233 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on this 9 th day of September, 2026
by the following vote of Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk
Item 20.
STAFF REPORT
9/9/2026
TO: Honorable Mayor and City Council Members
FROM: Kendra Reif, Community Development Director
PREPARED BY: Kendra Reif, Community Development Director Anahi Fernandez, Management Analyst
SUBJECT: Community Facilities District (CFD No. 2005-01) Annexation Area No. 37 – (Casa Sienna)
SPECIFICS: a) Resolution No. 2026-53 Determining the Validity of Prior Proceedings relating to Annexation of Property (Annexation No. 37) in the City of Coachella CFD No. 2005-01 (Law Enforcement, Fire and Paramedic Services).
b) Resolution No. 2026-55 on Behalf of CFD No. 2005-01 Calling a Special Election within Annexation Area No. 37 (Casa Sienna).
c) Resolution No. 2026-54 Canvassing The Results of The Election Held Within CFD No. 2005-01 Annexation Area No. 37 (Casa Sienna). d) Ordinance No. 1236 on Behalf of CFD No. 2005-01 Authorizing the Levy of a Special Tax within Annexation Area No. 37 Annexed to Said District (1st Reading)
STAFF RECOMMENDATION:
Staff recommends that the City Council open the public hearing and take the following actions:
1) Adopt Resolution No. 2026-53 and Direct City Clerk to orally verify proof of publication of notices pursuant to Mello-Roos CFD Act of 1982, and confirm absence of any landowner protest;
2) Adopt Resolution No. 2026-55 Calling a Special Election. 3) Adopt Resolution No. 2026-54 Canvassing the Results of The Election within CFD No. 2005-01 Annexation Area No. 37 (Casa Sienna).
4) Introduce for 1st Reading, by title only, Ordinance No. 1236 Authorizing the Levy of a Special Tax within Annexation Area No. 37 Annexed to CFD No. 2005-01.