La Quinta City Council
January 16, 2024

CITY COUNCIL AGENDA Page 1 of 8 JANUARY 16, 2024

CITY COUNCIL
AGENDA

CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, JANUARY 16, 2024
3:00 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION
Members of the public may listen to this meeting by tuning-in live via http://laquinta.12milesout.com/video/live.

CALL TO ORDER
ROLL CALL: Councilmembers: Fitzpatrick, McGarrey, Peña, Sanchez, Mayor Evans

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the “Public Comments – Instructions” listed at the end of the agenda.

The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)].

CONFIRMATION OF AGENDA

CLOSED SESSION

1. SEMI-ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION –

CITY MANAGER

2. SEMI-ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION –

CITY ATTORNEY

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (d) OF SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)
City Council agendas and staff reports
are available on the City’s
web page: www.LaQuintaCA.gov
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CITY COUNCIL AGENDA Page 2 of 8 JANUARY 16, 2024

RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.

REPORT ON ACTION(S) TAKEN IN CLOSED SESSION

PLEDGE OF ALLEGIANCE

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the “Public Comments – Instructions” listed at the end of the agenda.

The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)].

ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS

1. AMERICAN PUBLIC WORKS ASSOCIATION SOUTHERN CALIFORNIA CHAPTER – AWARDED THE 2023 PROJECT OF THE YEAR B.E.S.T. (BUILDING

EXCELLENCE, SHAPING TOMORROW) AWARD TO THE CITY OF LA QUINTA FOR THE JEFFERSON STREET AT AVENUE 53 ROUNDABOUT AND ROAD DIET

PROJECT

2. AMERICAN PUBLIC WORKS ASSOCIATION SOUTHERN CALIFORNIA CHAPTER – AWARDED THE 2023 TOP LEADER OF THE YEAR AWARD TO MANAGEMENT

ANALYST JULIE MIGNOGNA IN THE PUBLIC WORKS DEPARTMENT

3. CHUCKWALLA NATIONAL MONUMENT – DESIGNATION UPDATE BY RESIDENT

KATIE BARROWS, VOLUNTEER WITH THE PROTECT CALIFORNIA DESERTS

COALITION

4. PALM SPRINGS AIR MUSEUM – PRESENTATION ON THE “EDUCATION, TAKING THE NEXT STEP” PROGRAM BY VICE CHAIRMAN FRED BELL

CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.

PAGE

1. APPROVE CITY COUNCIL MEETING MINUTES OF DECEMBER 19, 2023 9

2. ACCEPT CITYWIDE SLURRY SEAL IMPROVEMENTS PROJECT NO. 2021-08

LOCATED AT VARIOUS LOCATIONS
23 3. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND

ADVERTISE FOR BID THE CITYWIDE MISCELLANEOUS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2023-07
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4. APPROVE AMENDMENT NO. 3 TO REIMBURSEMENT AGREEMENT WITH COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FOR AVENUE 48 ARTS AND MUSIC LINE PROJECT NO. 2020-08
31 5. APPROVE RESIDENCY REQUIREMENT REVISION TO VETERANS

RECOGNITION PROGRAM CRITERIA
101

6. APPROVE PURCHASE OF ITERIS TRAFFIC SIGNAL VIDEO DETECTION

EQUIPMENT FOR THE INTERSECTION AT DUNE PALMS ROAD AND DESERT

CREST DRIVE
105

7. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH VISUAL EDGE IT

FOR PRINTER/COPIER PURCHASE AND MAINTENANCE SERVICES FOR FISCAL YEARS 2023/2024 THROUGH 2028/2029; AND APPROVE DISPOSAL

OF SURPLUS EQUIPMENT
113

8. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH CARAHSOFT

TECHNOLOGY CORP FOR THE PURCHASE AND IMPLEMENTATION OF

OPENGOV ENTERPRISE ASSET MANAGEMENT SOFTWARE SYSTEM
153

9. AUTHORIZE SPENDING AUTHORITY FOR STAFF TO PURCHASE

INFORMATION TECHNOLOGY EQUIPMENT AND SOFTWARE THROUGH

CDWG, CARAHSOFT, NEWEGG, AND DELL
205

10. EXCUSE ABSENCE OF COMMISSIONER CALDWELL FROM THE JANUARY 9, 2024, PLANNING COMMISSION MEETING
207

11. AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING MANAGER TO ATTEND

TOURISM OUTREACH ACTIVATION IN SAN DIEGO, CALIFORNIA, FEBRUARY 16-18, 2024
209

12. APPROVE DEMAND REGISTERS DATED DECEMBER 15, AND DECEMBER 22, 2023, AND JANUARY 5, 2024
211

13. APPROVE DEMAND REGISTERS FOR SOUTHERN CALIFORNIA GAS COMPANY DATED OCTOBER 6, NOVEMBER 10, AND DECEMBER 8, 2023 231

STUDY SESSION
PAGE

1. DISCUSS COST-SHARE OPTIONS FOR ELECTRICAL SUBSTATION

UPGRADES
239

BUSINESS SESSION
PAGE

1. APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH: 1) PACIFIC PLAY SYSTEMS, INC FOR PLAYGROUND DESIGN, PROJECT NO. 2023-24; 2) SHADE STRUCTURES, INC, DBA USA SHADE & FABRIC STRUCTURES 241
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CITY COUNCIL AGENDA Page 4 of 8 JANUARY 16, 2024

INC, FOR SHADE STRUCTURE, PROJECT NO. 2023-25; AND 3) PLAYCORE

WISCONSIN, INC, DBA GAMETIME, FOR PERIMETER FITNESS EQUIPMENT, PROJECT NO. 2023-26, FOR LA QUINTA PARK

2. ADOPT RESOLUTION TO APPROVE A POLICY FOR FORMATION OF LANDSECURED FINANCING DISTRICTS [RESOLUTION NO. 2024-001] 349

3. RECEIVE AND FILE FISCAL YEAR 2022/23 GENERAL FUND YEAR-END

BUDGET REPORT AND APPROVE THE AMENDED BUDGET CARRYOVERS 365
PUBLIC HEARINGS – 5:00 p.m. or thereafter
For all Public Hearings on the agenda, a completed “Request to Speak” form must be filed with the City Clerk prior to consideration of that item; comments are limited to three (3) minutes (approximately 350 words).

Any person may submit written comments to the City Council prior to the public hearing and/or may appear and be heard in support of or opposition to the project(s) at the time of the public hearing. If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at or prior to the public hearing.

PAGE

1. INTRODUCE FOR FIRST READING AN ORDINANCE TO APPROVE ZONING ORDINANCE AMENDMENT 2023-1001 TO MODIFY FLAGPOLE

REGULATIONS REGARDING THE PLACEMENT OF FLAGPOLES FOR

RESIDENTIAL ZONING DISTRICTS MANAGED BY HOMEOWNER
ASSOCIATIONS; CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061 (b)(3), COMMON SENSE
EXEMPTION. LOCATION: CITY-WIDE [ORDINANCE NO. 609]
383

2. ADOPT RESOLUTION TO UPDATE THE CITY’S USER AND REGULATORY MASTER FEE SCHEDULE BY ADDING A PERMIT FEE FOR LARGE LOT – QUALIFIED AND CERTIFIED [RESOLUTION NO. 2024-002]
423

3. ADOPT RESOLUTIONS TO: 1) APPROVE SPECIFIC PLAN AMENDMENT 2022-0003 (SP 1997-029, AMENDMENT 6) AND SITE DEVELOPMENT PERMIT 2022-0007 FOR A 125-ROOM HAMPTON INN HOTEL, AND 2) ADOPT AN

ADDENDUM TO THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE
DECLARATION (EA2017-0009) PURSUANT TO SECTION 15164 OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT IN THAT NO SUBSTANTIAL

CHANGES TO THE PROJECT ARE PROPOSED THAT RESULT IN NEW
SIGNIFICANT ENVIRONMENTAL EFFECTS; LOCATION: SOUTHWEST

CORNER OF LA QUINTA DRIVE AND AUTO CENTRE DRIVE
[RESOLUTION NOS. 2024-003 AND 2024-004]
431
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CITY COUNCIL AGENDA Page 5 of 8 JANUARY 16, 2024

DEPARTMENTAL REPORTS

1. CITY MANAGER

2. CITY ATTORNEY

3. CITY CLERK

4. COMMUNITY SERVICES

5. DESIGN AND DEVELOPMENT

6. FINANCE

7. PUBLIC SAFETY

8. PUBLIC WORKS
MAYOR’S AND COUNCIL MEMBERS’ ITEMS

REPORTS AND INFORMATIONAL ITEMS

1. CVAG CONSERVATION COMMISSION (Evans)

2. CVAG ENERGY AND SUSTAINABILITY COMMITTEE (Evans)

3. CVAG EXECUTIVE COMMITTEE (Evans)

4. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans)

5. IMPERIAL IRRIGATION DISTRICT – COACHELLA VALLEY ENERGY COMMISSION (Evans)

6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans)

7. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans)

8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans)

9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick)

10. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey)

11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey)

12. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Peña)

13. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (McGarrey)

14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick)

15. CANNABIS AD HOC COMMITTEE (Peña & Sanchez)

16. CVAG PUBLIC SAFETY COMMITTEE (Peña)

17. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña)

18. IMPERIAL IRRIGATION DISTRICT – ENERGY CONSUMERS ADVISORY COMMITTEE (McGarrey)

19. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Peña)

20. CVAG TRANSPORTATION COMMITTEE (Fitzpatrick)

21. SUNLINE TRANSIT AGENCY (Peña)

22. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Evans & Sanchez)

23. ANIMAL CAMPUS COMMISSION (Sanchez)

24. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY COMMITTEE (Sanchez)

25. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)

26. FINANCIAL ADVISORY COMMISSION MEETING MINUTES OF NOVEMBER 8, 2023
591

27. PALM SPRINGS AIRPORT COMMISSION MEETING MINUTES OF DECEMBER 20, 2023
593
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CITY COUNCIL AGENDA Page 6 of 8 JANUARY 16, 2024

ADJOURNMENT
*********************************
The next regular meeting of the City Council will be held on February 6, 2024, at 4:00 p.m. at the City Hall Council Chamber, 78495 Calle Tampico, La Quinta, CA 92253.

DECLARATION OF POSTING
I, Monika Radeva, City Clerk of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chamber at 78495 Calle Tampico, and the bulletin board at the La Quinta Cove Post Office at 51321 Avenida Bermudas, on January 12, 2024.

DATED: January 12, 2024
MONIKA RADEVA, City Clerk
City of La Quinta, California

PUBLIC NOTICES
 Agenda packet materials are available for public inspection: 1) at the Clerk’s Office at La Quinta City Hall, located at 78495 Calle Tampico, La Quinta, California 92253; and 2) on the City’s website at www.laquintaca.gov/councilagendas, in accordance with the Brown Act [Government Code § 54957.5; AB 2647 (Stats. 2022, Ch. 971)].  The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office at (760) 777-7123, 24- hours in advance of the meeting and accommodations will be made.  If background material is to be presented to the City Council during a City Council meeting, please be advised that 15 copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this takes place prior to the beginning of the meeting.

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CITY COUNCIL AGENDA Page 7 of 8 JANUARY 16, 2024

PUBLIC COMMENTS - INSTRUCTIONS
Members of the public may address the City Council on any matter listed or not listed on the agenda as follows:

WRITTEN PUBLIC COMMENTS can be provided either in-person during the meeting by submitting 15 copies to the City Clerk, it is requested that this takes place prior to the beginning of the meeting; or can be emailed in advance to [email protected], no later than 12:00 p.m., on the day of the meeting. Written public comments will be distributed to Council, made public, and will be incorporated into the public record of the meeting, but will not be read during the meeting unless, upon the request of the Mayor, a brief summary of public comments is asked to be reported.

If written public comments are emailed, the email subject line must clearly state “Written Comments” and should include: 1) full name, 2) city of residence, and 3) subject matter.

VERBAL PUBLIC COMMENTS can be provided in-person during the meeting by completing a “Request to Speak” form and submitting it to the City Clerk; it is requested that this takes place prior to the beginning of the meeting. Please limit your comments to three (3) minutes (or approximately 350 words). Members of the public shall be called upon to speak by the Mayor.

In accordance with City Council Resolution No. 2022-027, a one-time additional speaker time donation of three (3) minutes per individual is permitted; please note that the member of the public donating time must: 1) submit this in writing to the City Clerk by completing a “Request to Speak” form noting the name of the person to whom time is being donated to, and 2) be present at the time the speaker provides verbal comments.

Verbal public comments are defined as comments provided in the speakers’ own voice and may not include video or sound recordings of the speaker or of other individuals or entities, unless permitted by the Mayor.

Public speakers may elect to use printed presentation materials to aid their comments; 15 copies of such printed materials shall be provided to the City Clerk to be disseminated to the City Council, made public, and incorporated into the public record of the meeting; it is requested that the printed materials are provided prior to the beginning of the meeting. There shall be no use of Chamber resources and technology to display visual or audible presentations during public comments, unless permitted by the Mayor.

All writings or documents, including but not limited to emails and attachments to emails, submitted to the City regarding any item(s) listed or not listed on this agenda are public records. All information in such writings and documents is subject to disclosure as being in the public domain and subject to search and review by electronic means, including but not limited to the City’s Internet Web site and any other Internet Web-based platform or other Web-based form of communication. All information in such writings and documents similarly CLICK HERE to Return to Agenda
CITY COUNCIL AGENDA Page 8 of 8 JANUARY 16, 2024

is subject to disclosure pursuant to the California Public Records Act [Government Code § 7920.000 et seq.].

TELECONFERENCE ACCESSIBILITY – INSTRUCTIONS
Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch. 285), codified in the Brown Act [Government Code § 54953], if a member of the City Council requests to attend and participate in this meeting remotely due to “just cause” or “emergency circumstances,” as defined, and only if the request is approved. In such instances, remote public accessibility and participation will be facilitated via Zoom Webinar as detailed at the end of this Agenda.
*** TELECONFERENCE PROCEDURES – PURSUANT TO AB 2449***

APPLICABLE ONLY WHEN TELECONFERENCE ACCESSIBILITY IS IN EFFECT Verbal public comments via Teleconference – members of the public may attend and participate in this meeting by teleconference via Zoom and use the “raise your hand” feature when public comments are prompted by the Mayor; the City will facilitate the ability for a member of the public to be audible to the City Council and general public and allow him/her/them to speak on the item(s) requested. Please note – members of the public must unmute themselves when prompted upon being recognized by the Mayor, in order to become audible to the City Council and the public.

Only one person at a time may speak by teleconference and only after being recognized by the Mayor.

ZOOM LINK: https://us06web.zoom.us/j/82540879912
Meeting ID: 825 4087 9912
Or join by phone: (253) 215 – 8782
Written public comments – can be provided in person during the meeting or emailed to the City Clerk’s Office at [email protected] any time prior to the adjournment of the meeting, and will be distributed to the City Council, made public, incorporated into the public record of the meeting, and will not be read during the meeting unless, upon the request of the Mayor, a brief summary of any public comment is asked to be read, to the extent the City Clerk’s Office can accommodate such request.

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CITY COUNCIL MINUTES Page 1 of 10 DECEMBER 19, 2023

CITY COUNCIL

MINUTES
TUESDAY, DECEMBER 19, 2023

CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans.

PRESENT: Councilmembers Fitzpatrick, McGarrey, Peña, Sanchez, and Mayor Evans ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None

CONFIRMATION OF AGENDA
Councilmember McGarrey said she serves on the Board of the Desert Valley Builders Association (DVBA) and does not receive any compensation; and the DVBA submitted a letter of support for the proposed La Villeta residential development under consideration as Public Hearing Item No. 1 on tonight’s Agenda, which she was not aware of.

Mayor Evans said the City contracts with the Greater Coachella Valley Chamber of Commerce (GCVCC); and the GCVCC submitted a letter of support for the proposed La Villeta residential development under consideration as Public Hearing Item No. 1 on tonight’s Agenda.

Mayor Evans said she would like to comment on Consent Calendar Item No. 6 regarding the last phase of the North La Quinta Landscape Renovation Improvements Project No. 2016-03I.

Council concurred.

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)
CONSENT CALENDAR ITEM NO. 1 9
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CITY COUNCIL MINUTES Page 2 of 10 DECEMBER 19, 2023

COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:03 P.M.

MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:03 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:

City Attorney Ihrke reported no actions were taken in Closed Session that require reporting pursuant to Government Code section 54957.1 (Brown Act).

PLEDGE OF ALLEGIANCE
Councilmember Fitzpatrick led the audience in the Pledge of Allegiance.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER: Jeff Fishbein, Chair of the La Quinta Chamber of Commerce, Coldwell Banker Realtor and La Quinta resident – provided an update on Chamber events and activities, including the upcoming La Quinta Car Show scheduled for February 24, 2024; a future edition of The Gem magazine will feature a story on the Silver Scorpions car club located in La Quinta; upcoming ribbon cutting event for the new Tool Rental Department at Home Depot scheduled for January 11, 2024; and a recap of the Chamber of Commerce Holiday Mixer held at Old Town Artisan Studio sponsored by Beer Hunter restaurant, which was very well attended.

PUBLIC SPEAKER: Lynn Daniels, La Quinta – provided information regarding the Superior Court of California’s issuance of a Criminal Protective Order for her against her neighbor Claudia Snyder.

City Attorney Ihrke explain the effect of the Criminal Protective Order on certain speakers at future City Council meetings.

ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS

1. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) – 2024

DRAFT TRAFFIC RELIEF PLAN (PLAN) UPDATE PRESENTATION BY

DEPUTY EXECUTIVE DIRECTOR AARON HAKE
Deputy Executive Director Hake noted RCTC is the regional transportation agency for Riverside County (County) responsible for executing a vast variety of any-mode of transportation improvements county-wide; provided a detailed overview of RCTC’s progress on the Plan, a possible voter-approved 1% sales tax measure for the County, likely to be put on the November 2024 ballot, aimed to generate a revenue source, approximately $25 billion total, of which $5 billion would be allocated to the Coachella Valley (CV), to fund transportation projects to reduce traffic bottlenecks, maintain roads in good condition, improve safety, and help build a stronger and more sustainable economy by creating local jobs and increasing economic input through projects, as the transportation needs for the County far outweigh the available funding; said Coachella 10 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 3 of 10 DECEMBER 19, 2023
Valley Association of Governments (CVAG) provided input on the provisions for the CV included in the Plan; the Plan proposes for CVAG to be the entity to receive and distribute the funds for projects in the CV; enumerated transportation projects RCTC currently funds in the CV; said a public outreach survey conducted in Spring 2023 showed that 68% of voters polled in the CV would support a sales tax increase to fund the Plan; gave a summary of Measure A, a 30-year half-cent sales tax increase in effect through 2039, approved by the County voters in 2009, currently funding transportation projects and its funding distribution structure; provided estimates on the economic impacts and regional investments the Plan would generate; explained RCTC’s transparency and accountability to taxpayers; and encouraged the public to comment on the proposed Plan.

Council discussed the Plan has been contemplated for many years and was stalled by COVID-19; difference in County-wide transportation priorities and voter support; ability to change the administrative authority of fund distributions under the Plan; sales tax increase cap; survey questions, methodology, and voter polling; and the required qualification process for a measure to be placed on a ballot should RCTC approve the Plan to move forward.

CONSENT CALENDAR

1. APPROVE CITY COUNCIL MEETING MINUTES OF DECEMBER 5, 2023

2. ADOPT RESOLUTION DESIGNATING SPEED LIMIT FOR AVENUE 50 FROM EISENHOWER DRIVE TO WASHINGTON STREET [RESOLUTION NO. 2023-043]

3. ADOPT RESOLUTION AUTHORIZING STAFF TO EXECUTE AND FILE

APPLICATIONS TO, AND AGREEMENTS AND ASSURANCES WITH THE

CALIFORNIA GOVERNORS OFFICE OF EMERGENCY SERVICES TO OBTAIN

FEDERAL FINANCIAL ASSISTANCE FOR ANY EXISTING OR FUTURE GRANT PROGRAM ON BEHALF OF LA QUINTA [RESOLUTION NO. 2023-044]

4. APPROVE AMENDMENT NO. 5 TO HOST VENUE AGREEMENT WITH WORLD TRIATHLON CORPORATION TO HOST THE IRONMAN 70.3 INDIAN WELLS –

LA QUINTA TRIATHLON FOR ONE ADDITIONAL YEAR

5. ALLOCATE FUNDING AND AWARD CONTRACT TO ALL AMERICAN

ASPHALT FOR THE CITYWIDE SLURRY SEAL IMPROVEMENTS PROJECT NO. 2023-15, LOCATED IN VARIOUS LOCATIONS

6. AWARD CONTRACT TO CONSERVE LANDCARE FOR LA QUINTA
LANDSCAPE RENOVATION IMPROVEMENTS PROJECT NO. 2016-03I,

LOCATED AT THE CACTUS FLOWER DEVELOPMENT

7. ACCEPT AVENUE 50 AND AVENUE 52 PAVEMENT REHABILITATION IMPROVEMENTS PROJECT NOS. 2022-01 AND 2022-14, LOCATED ALONG AVENUE 50 AND AVENUE 52 IN VARIOUS LOCATIONS
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8. REJECT ALL BIDS FOR EISENHOWER BASIN SLOPE REPAIR PROJECT NO. 2023-22

9. APPROVE RECIPIENT FOR THE 2024 LA QUINTA SENIOR INSPIRATION AWARD

10. EXCUSE ABSENCE OF COMMISSIONER HERNANDEZ FROM THE
DECEMBER 12, 2023, PLANNING COMMISSION MEETING

11. RECEIVE AND FILE FISCAL YEAR 2022/23 ART IN PUBLIC PLACES ANNUAL REPORT

12. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JUNE 30, 2023

13. RECEIVE AND FILE FIRST QUARTER FISCAL YEAR 2023/24 TREASURY REPORTS FOR JULY, AUGUST, AND SEPTEMBER 2023

14. APPROVE DEMAND REGISTERS DATED NOVEMBER 17, DECEMBER 1, AND DECEMBER 8, 2023

15. RECEIVE AND FILE FISCAL YEAR 2022/23 MEASURE G SALES TAX

COMPLIANCE REPORT

16. RECEIVE AND FILE FISCAL YEAR 2022/23 DEVELOPMENT PROJECT FEE REPORT
COMMENT ON CONSENT CALENDAR ITEM NO. 6
Mayor Evans said this was the City’s 7th version of the final phase of the North La Quinta Landscape Renovation Improvements project funded largely by Measure G revenues, which the City was able to accelerate and complete in 7 years instead of the originally anticipated 10-year timeline.

MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve the Consent Calendar as recommended, with Item Nos. 2 and 3 adopting Resolutions No. 2023-043 and 2023-044 respectively. Motion passed unanimously.

WRITTEN PUBLIC COMMENTS were received, but were not announced during the meeting, on Consent Calendar Item No. 16 from the Desert Valley Builders Association (DVBA) stating the DVBA is satisfied that the City has met its annual reporting obligations pursuant to the La Quinta Municipal Code and the Mitigation Fee Act, which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting.

BUSINESS SESSION

1. APPOINT A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO

TEMPORE FOR ONE YEAR
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CITY COUNCIL MINUTES Page 5 of 10 DECEMBER 19, 2023
Council waived presentation of the staff report, which is on file in the Clerk’s Office.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to appoint Councilmember Peña to serve as Mayor Pro Tempore for calendar year 2024.

Motion passed unanimously.

2. APPOINT MEMBERS OF THE CITY COUNCIL TO SERVE ON VARIOUS OUTSIDE AGENCIES FOR 2024
Council waived presentation of the staff report, which is on file in the Clerk’s Office.

Council discussed maintaining their current outside agencies’ appointments; keep Councilmember Sanchez’ appointment on the California Joint Powers Insurance Authority Board; keep Councilmember Fitzpatrick’s appointment on the Economic Development Committee; rotate the Mayor Pro Tem assignments to newly appointed Mayor Pro Tem Peña from former Mayor Pro Tem Sanchez; Mayor Pro Tem Peña no longer serves on the League of California Cities – Public Safety Policy Committee, however, Councilmember Sanchez was re-appointed on it; Councilmember McGarrey was appointed to serve on the League of California Cities – Environmental Quality Policy Committee, and the Executive Committee for Riverside County Division; and reached a consensus to serve on various outside agencies for calendar year 2024 as noted on Attachment 1.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Peña to appoint Members of the City Council to serve on various outside agencies for calendar year 2024 as detailed in Attachment 1, incorporated herewith by this reference. Motion passed unanimously.

3. APPROPRIATE $866,000 FROM GENERAL FUND RESERVES AND

TRANSFER TO ENTERPRISE FUND, APPROVE PURCHASE OF GOLF

CARTS FOR SILVERROCK GOLF COURSE, AND APPROVE ASSOCIATED

BUDGET ADJUSTMENTS
Principal Management Analyst Hallick presented the staff report, which is on file in the Clerk’s Office.

Council discussed the City’s ability to purchase the golf carts from a La Quinta location so that the City receives the sales tax revenue; ability to receive green credits for electric vehicles; useful life of a golf cart and lithium batteries; frequency of golf carts’ maintenance; color of new carts; GPS equipment and controls; golf rounds statistics for 2023; and rotation of golf carts.

PUBLIC SPEAKER: Randy Duncan, General Manager/Director of Golf with Landmark Golf Management – answered Council’s questions related to the golf cart fleet which must be purchased directly from Club Car corporate to receive greater discounted pricing; as of January 1, 2024, Club Car will no longer be allowed to ship gas-powered golf carts or 13 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 6 of 10 DECEMBER 19, 2023
beverage carts to California; and if a gas-powered beverage cart is purchased prior to January 1, 2024, the City will be grandfathered in.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Peña to appropriate $866,000 from General Fund reserves and transfer to Enterprise Fund, approve purchase of golf carts for SilverRock golf course, approve associated budget adjustments, and authorize the City Manager to execute any documents necessary to complete the purchase. Motion passed unanimously.

STUDY SESSION

1. DISCUSS FINANCIAL OPTIONS FOR THE VILLAGE UNDERGROUNDING FEASIBILITY STUDY PROJECT NO. 2022-06
Management Analyst Mignogna introduced City Consultant Jeff Cooper, PE, Senior Vice President with NV5, Inc. who presented the staff report, which is on file in the Clerk’s Office.

Council discussed the pros and cons of following the traditional ballot measure approach for creating assessment districts versus “fast-tracking” the project; stability of the project estimates as time elapses; the consultant’s experience working with public utility companies; who does the engineering on undergrounding projects – the public utilities which often hire consulting engineers; the benefit of hiring a firm to oversee the engineering; the ballot and assessment process, and the impact of new homeowners entering a district; the role of the “proponents committee” to get 60-70% support, followed by a 30-day cash-payment period or bond issuance; bonds will be issued and sold based on the engineer’s estimate for the project design, which will be prepared after the ballot measure is approved under the “fast-track” process; it is a vote-by-mail ballot process, each vote is weighted based on their assessment, and is approved by minimum of 50% of the votes casted only; the assessment district will only cover undergrounding costs in the public right-of-way; property owners are responsible to connect their property to the public utility, which requires a building permit and an inspection by the City; the assistance many cities provide in finding electricians, and the property owners within the district can use the same electrician; estimate cost to reconnect is $8,000 to $10,000, which includes trenching for the line on private property; enacting an ordinance requiring reconnection; possible loan program to assist homeowners with reconnection costs; average cost per parcel for each area for undergrounding utilities per one-time cash payment versus 20- year bond-issuance; voting requirements for a Mello-Roos Community Facilities District; requesting the utility company to make a financial contribution to the project because it will eventually own and maintain the undergrounded system; transfer of improvements if a new utility agency takes over the district; primary reason for undergrounding is aesthetics, followed by safety and increased system reliability; ability to tie the project to climate change to be eligible for grants and loans; efficiency of underground lines versus overhead lines is the same; next steps are Imperial Irrigation District (IID) discussions, community outreach and education, public forums, workshops, etc.; researching financial assistance options for utility reconnection costs is too early at this time; investigate programs similar to the PACE program for solar; information packets must include graphs and pictures; fast timeline would be 5 to 6 years; current system’s lifespan has about 10 14 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 7 of 10 DECEMBER 19, 2023
to 15 years remaining; overhead lines are easier to service; residential and business tenants will absorb the assessment in their rents; City’s relationship with IID must be clarified first; ownership of existing and new replaced equipment must be established; meter locations on homes may increase costs; microgrids; City as a facilitator of the process, not a proponent; implication on homeowners taxes, insurance, etc. after undergrounding; and the bond cost cannot include the utility reconnection costs because it is a private property improvement .

CONSULTANT: Greg Butsko, Vice President of Distribution Services with NV5, Inc. – said his company did the 2010 project analysis; explained the extent of his 35 years of experience with IID; responsibilities of IID and the City; and there is no difference in delivery of utilities between underground versus overhead lines.

MAYOR EVANS CALLED FOR A BRIEF RECESS AT 6:23 P.M.

MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 6:50 P.M. WITH

ALL MEMBERS PRESENT

PUBLIC HEARINGS

1. CONTINUED FROM SEPTEMBER 19, 2023: ADOPT RESOLUTIONS TO: 1) ADOPT MITIGATED NEGATIVE DECLARATION (EA 2021-0006 ), AND 2) APPROVE GENERAL PLAN AMENDMENT 2021-0001, ZONE CHANGE 2021- 0001, CONDITIONAL USE PERMIT 2021-0002 (PLANNED UNIT
DEVELOPMENT) FOR AN 80-UNIT SINGLE-FAMILY RESIDENTIAL PROJECT AND TENTATIVE TRACT MAP 2021-0004 (TTM 37950); CEQA: DESIGN AND

DEVELOPMENT DEPARTMENT PREPARED A MITIGATED NEGATIVE

DECLARATION CONSISTENT WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; PROJECT NAME: LA VILLETTA AT AVENUE 58; LOCATION:

SOUTH OF AVENUE 58 BETWEEN MADISON STREET AND MONROE
STREET [RESOLUTION NOS. 2023-045 AND 2023-046]

MAYOR EVANS DECLARED THAT THIS IS A CONTINUED PUBLIC HEARING LEFT OPEN FROM THE SEPTEMBER 19, 2023, MEETING
Associate Planner Fernandez presented the staff report, which is on file in the Clerk’s Office.

APPLICANT REPRESENTATIVE: Kris Pinero, Project Manager with Rodeo Credit Enterprises, LLC – provided a brief overview of the project; the Applicant’s neighborhood outreach; the benefits the project would bring to the La Quinta community, including housing diversity, affordability, energy infrastructure improvements, and increased electrical capacity.

Council discussed there are no: 2-story homes in the developments surrounding the project, close by employment or no public transportation near the project; questioned the affordability of the proposed homes; density concerns; guest parking; setting a precedent for high-density housing; lot lines/setbacks being only 8 feet translates as high-density; 15 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 8 of 10 DECEMBER 19, 2023
builder letter of support, not a letter of intent to build provided to City; zone change being irreversible; the positive electrical substation improvement; the negative impact an approval of this type of project will have on Council’s ability to deny future developers requesting similar zone changes – consistency is expected; this is a desirable project and would likely be approved if it was built in an area zoned for it; the General Plan is Council’s guiding principal for growth; it’s always best if a landowner proposes a project that fits within the existing General Plan zoning; and residents and developers rely on a consistent Council.

APPLICANT CONSULTANT: Tim Piasky, Project Consultant with Piasky Solutions – said he understands the impact of a zone change; pointed out there has been no community opposition; future requests for zone changes may or may not have community support; Greater Coachella Valley Chamber of Commerce (GCVCC) and Desert Valley Builders Association (DVBA) leadership issued letters of support for the project; timing and conditions existing when a zone change is requested matter; local home builder’s market research states this is a highly desirable housing product in this area; and under current State law for Auxiliary Dwelling Units (ADUs) and Jr. ADUs, 144 rental units could be built without General Plan changes.

APPLICANT CONSULTANT: Henrik Nazarian, Civil Engineer with D and D Engineering – explained that current zone allowance of 36 units could increase to 144 units if ADUs were added.

City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received as listed below in alphabetical order, which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting:
 DVBA – Gretchen Gutierrez, CEO – in support of the proposed project;  GCVCC – Brandon Marley, President, and CEO - in support of the proposed project; and
 Palari, Inc – Mitchell Anderson, Managing Director – in support of the proposed project.

MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 7:44 P.M.

Council reiterated its general disagreement with the proposed General Plan amendment and zone change; discussed the lack of electric power for the area is a challenge for developers; parking and density remain issues for this project; and overall the project is not compatible with the surrounding communities and the economic infrastructure in the area.

APPLICANT REPRESENTATIVE: Ms. Pinero – requested a continuance to reevaluate the project map as the applicant would like to build in La Quinta.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to adopt Resolution No. 2023-045 to deny General Plan Amendment 2021-0001 related to the proposed La Villeta project, an 80-unit Planned Unit Development located south of Avenue 58, between Madison Street and Monroe Street, due to the project’s 16 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 9 of 10 DECEMBER 19, 2023
inconsistency with the 2035 General Plan, among other findings, and pursuant to the California Environmental Quality Act, the Council took no action on the Mitigated Negative Declaration prepared for Environmental Assessment 2021-0006. The Council further ordered a brief recess and directed City Attorney Ihrke and Planning Manager Flores to draft a resolution to memorialize the findings as articulated by the Council as the basis for denial.

MAYOR EVANS CALLED FOR A BRIEF RECESS AT 8:00 P.M.

MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 8:13 P.M. WITH

ALL MEMBERS PRESENT
MOTION - Continued – At the request of the Council, City Attorney Ihrke summarized the findings outlined in Resolution No. 2023-045. Motion passed unanimously.

DEPARTMENTAL REPORTS – All reports are on file in the City Clerk’s Office.

MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Councilmember McGarrey reported on her attendance at the “Pancakes with Santa” breakfast event for children at the Wellness Center held on December 16, 2023; Shopwith-a-Cop at Walmart; and La Quinta Fire Department’s Toy Drive.

Mayor Evans reported on her attendance at the Household Hazardous Waste Recycling event; Citizen-on-Patrol Volunteer Dinner; Desert International Horse Park tour; the 2023 World Wheelchair MotoCross (WCMX) Championship event at the X-Park for adaptive action sports athletes; Shop-with-a-Copt at Walmart; Coachella Valley Behavioral Hospital ribbon cutting; the annual Rotary Club Toy Drive; and noted she has an upcoming interview with Joe Smith of NBC to report on La Quinta highlights.

Councilmembers Fitzpatrick, Sanchez, and Peña simultaneously listed numerous events they attended, including Gingerbread Lane at Old Town Artisan Studios, La Quinta Chamber of Commerce Holiday Mixer, DVBA Holiday Cocktail Mixer, etc.

REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2023, Councilmember Fitzpatrick reported on her participation in the following organization’s meeting:
 RIVERSIDE COUNTY TRANSPORTATION COMMISSION
La Quinta’s representative for 2023, Councilmember McGarrey reported on her participation in the following organization’s meeting:
 IID ENERGY CONSUMERS’ ADVISORY COMMITTEE
La Quinta’s representative for 2023, Mayor Pro Tem Peña reported on his participation in the following organization’s meeting:
 CV MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES 17 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 10 of 10 DECEMBER 19, 2023

ADJOURNMENT
There being no further business, a motion was made and seconded by Mayor Evans/Councilmember Sanchez to adjourn this meeting at 8:32 p.m. in remembrance of winemaker Miljenko “Mike” Grgich. Motion passed unanimously.

Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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2024 Assignments APPOINTED DECEMBER 19, 2023
* Note: receives stipend
AGENCY 2024 MEETING SCHEDULE 2024 REPRESENTATIVES
Animal Campus Commission 1st Thursday, quarterly at 9:30 am (2024: Feb 1, May 2, Aug 1, Nov 7)
Member: Councilmember Sanchez
Alternate: Councilmember Fitzpatrick
California Joint Powers Insurance Authority* Annual meeting in July Member: Councilmember Sanchez
Alternate: Monika Radeva and/or
Claudia Martinez
Greater CV Chamber of Commerce
Information Exchange Committee
Councilmembers rotate – 2nd Thursday every
month at 8:30 am
1st quarter – Councilmember McGarrey
2nd quarter – Councilmember Sanchez
3rd quarter – Councilmember Evans
4th quarter – Councilmember Fitzpatrick
Alternate – Mayor Pro Tem Peña
Art Purchase Committee – March 2024
Art Purchase Committee – November 2024
Meet during Art Celebrations;
(March 2-5, 2024; Nov. 9-12, 2024)
Members: Com Servs. Com (2) Members;
Mar. – Sanchez & McGarrey;
Nov. – Evans & Fitzpatrick
CVAG General Assembly
Annual banquet – last Monday in June in Chair’s
city
(June 24, 2024 at 6 pm)
Delegate: Mayor Evans
Alternate: Mayor Pro Tem Peña
Members: All Councilmembers
CVAG Conservation Commission* 2nd Thursday of each month at 10:30 am (2024: dark March, July, Aug, Oct, Dec)
Member: Mayor Evans
Alternate: Councilmember Fitzpatrick
CVAG Energy & Environmental Resources Committee* 2nd Thursday of each month at 12 pm (2024: dark March, July, Aug, Oct, Dec)
Member: Mayor Evans
Alternate: Councilmember Fitzpatrick
CVAG Executive Committee* Last Monday of each month at 4:30 pm (2024: dark March, July, Aug, Oct, Dec)
Member: Mayor Evans
Alternate: Mayor Pro Tem Peña (rotating)
CVAG Public Safety Committee* 2nd Monday of each month at 9 am (2024: dark Mar, Apr, Jul, Aug, Oct, Dec)
Member: Mayor Pro Tem Peña
Alternate: Councilmember Sanchez
CVAG Transportation Committee* 1st Monday of each month at 10 am (2024: dark March, July, Aug, Oct, Dec)
Member: Councilmember Fitzpatrick
Alternate: Councilmember McGarrey
CVAG Homelessness Committee* 3rd Wednesday of each month at 10 am (2024; dark Mar, July, Aug, Oct, Dec)
Member: Mayor Pro Tem Peña
Alternate: Councilmember Fitzpatrick
Coachella Valley Mosquito & Vector Control District
(CVMVCD)* 2nd Tuesday of each month at 6 pm
Member: Mayor Pro Tem Peña
Appointed 10/19/2021 to serve thru December 31,
2025
ATTACHMENT 1 19 CLICK HERE to Return to Agenda
2024 Assignments APPOINTED DECEMBER 19, 2023
* Note: receives stipend
Coachella Valley Mountains Conservancy (CVMC)*
2nd Monday, every other month at 3 pm
(2024: Jan 9, Mar 11, May 13, Jul 8, Sept 9, Nov
11)
Member: Councilmember McGarrey
Alternate: Councilmember Fitzpatrick
Coachella Valley Unified School District
2x2 Committee [established 11/03/2015] TBD Members: Councilmember Fitzpatrick & Mayor Pro Tem Peña
Community Service Grant Review Committee Three per year: January, May & September January Members: McGarrey & Fitzpatrick
May Members: Evans & Sanchez
September Members: McGarrey & Peña
Coachella Valley Water District Joint Policy Committee As needed – TBD Member: Mayor Evans Alternate: Mayor Pro Tem Peña (rotating)
Desert Sands Unified School District
2x2 Committee [established June 2013]
TBD Members: Mayor Evans & Councilmember
Sanchez
Desert Recreation District
2x2 Committee [established Jan. 2017] TBD Members: Councilmembers Fitzpatrick & McGarrey
Economic Development Subcommittee
[established May 20, 2014]
Meet twice a month; TBD and 4th Wednesday at
9 a.m.

Members: Mayor Evans & Councilmember
Fitzpatrick
Alternate Member: Councilmember Sanchez
Visit Greater Palm Springs Convention & Visitors Bureau* Tuesday’s at 8:30 am at rotating locations
(2024: Feb 2, March 29, , June 14, Oct 4, Dec 6; dark in Jan, April, May, July, Aug, Sept. Nov)
Members: Mayor Evans
Alternate Member: Councilmember Sanchez
IID Energy Consumers’ Advisory Committee (ECAC) 1st Monday of every month at 6 p.m.

Member: Councilmember McGarrey
Appointment will end December 2026
Public Member: Lee Osborne
Alternate: none (IID does not recognize alternates)
IID Coachella Valley Energy Commission (CVEC)
2nd Thursday of every month at 3 p.m.
(Held at rotating facilities in the cities of Coachella, Indio, La Quinta, Palm Desert, Indian Wells, Rancho Mirage, tribal nations, or unincorporated areas of Imperial & Riverside counties) Members: Mayor Evans
Appointment will end December 2024
League of California Cities - Delegate for annual
conference
Annual conference(s) & General Assembly
October 16-18, 2024 in Long Beach, CA
Member: Mayor Evans
Alternate: Mayor Pro Tem Peña
League of California Cities -Environmental Quality Policy Committee
Three meetings per year
(2024: Jan 19, March 22, & June21) Member: Councilmember McGarrey League of California Cities – Executive Committee
Riverside County Division
VIA ZOOM – 6:00 p.m. (2024: Feb. 12, April 8,
June 10, Aug. 12, Oct. 14) Member: Councilmember McGarrey League of California Cities - Public Safety Committee Three meetings per year (2024: Jan 19, March 22, & June21) Member: Councilmember Steve Sanchez Riverside County Transportation Commission (RCTC)*
[one rep appointed by every city] 2nd Wednesday of each month at 9:30 am Member: Councilmember Fitzpatrick Alternate Member: Councilmember McGarrey
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2024 Assignments APPOINTED DECEMBER 19, 2023
* Note: receives stipend
Riverside Local Agency Formation Commission (LAFCO) 4th Thursday of each month at 9:30 am (dark Nov 2024?) Member: Councilmember Sanchez
So. Calif. Association of Governments (SCAG)
Annual Regional Conference & General Assembly
– May 4-5, 2023 – Marriott Springs Resort – Palm
Desert
Delegate: Mayor Evans
Alternate Member: Mayor Pro Tem Peña
Sunline Transit Agency*
4th Wednesday of each month at 10am-1pm noon
(includes Committees)
(dark Aug & Nov 2024)
Member: Mayor Pro Tem Peña
Alternate: Councilmember Fitzpatrick
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City of La Quinta
CITY COUNCIL MEETING: January 16, 2024

STAFF REPORT
AGENDA TITLE: ACCEPT CITYWIDE SLURRY SEAL IMPROVEMENTS PROJECT NO. 2021-08 LOCATED AT VARIOUS LOCATIONS

RECOMMENDATION
Accept the Citywide Slurry Seal Improvements Project No. 2021-08 as complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $54,396, thirty-five days after the Notice of Completion is recorded.

EXECUTIVE SUMMARY
• The project included over 1,500,000 square feet of pavement rehabilitation in various locations (Attachment 1).
• The work is complete and Council acceptance will close the contract and allow final payment.

FISCAL IMPACT
The following is the financial accounting for Project No. 2021-08:

Original Contract Amount $ 1,024,292
Contract Change Orders No. 1-2 $ 63,633
Final Contract Amount $ 1,087,925
Project Budget $ 1,500,000
Final Contract Amount ($ 1,087,925)
Design, Professional, & Personnel Costs ($ 35,933)
Inspection, Survey, Plans, & Other Construction Costs ($ 6,402) Anticipated Funds Remaining* $ 369,740
* All costs to date have been accounted for and no further costs are anticipated.

There are adequate funds to close this project; the final retention amount of $54,396 will be paid from account number 401-0000-20600. The anticipated savings ($369,740) will remain as available appropriations for this project until the completion of all phases.

CONSENT CALENDAR ITEM NO. 2
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BACKGROUND/ANALYSIS
On June 6, 2023, Council awarded a $1,024,291.60 contract to American Asphalt South, Inc.

On July 18, 2023, a Notice to Proceed was issued with a 40-working day completion time starting on July 24, 2023, and ending on September 18, 2023. The project was deemed substantially complete on September 25, 2023. No liquidated damages or early completion incentives are recommended.

Contract Change Order No. 1 was issued for additional pavement resurfacing at the City Yard parking lot, additional traffic control, and grind and cap on Avenue 50.

Contract Change Order No. 2 was issued for quantity adjustments.

The project construction effort is complete and in compliance with the plans and specifications. Staff recommends acceptance and release of the retention thirty-five days after the Notice of Completion is recorded.

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map
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ATTACHMENT 1
FY 2021/22 Pavement Management Plan Slurry Seal Improvements 25 CLICK HERE to Return to Agenda
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City of La Quinta
CITY COUNCIL MEETING: January 16, 2024

STAFF REPORT
AGENDA TITLE: APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE,

AND ADVERTISE FOR BID THE CITYWIDE MISCELLANEOUS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2023-07

RECOMMENDATION
Approve plans, specifications, engineer’s estimate, and authorize Staff to bid the Citywide Miscellaneous Americans with Disabilities Act Improvements Project No. 2023-07

EXECUTIVE SUMMARY
• In an effort to address deficiencies identified in the 2011 Americans with Disabilities Act accessibility survey of all public facilities, staff is requesting approval of plans, specifications, engineer’s estimate, and to advertise for bid Citywide Miscellaneous Americans with Disabilities Act Improvements Project No. 2023-07.
• Project is located in the Season’s Neighborhood (Attachment 1) and includes the reconstruction of curb ramps, sidewalk, and a cross-gutter on Springtime Way and Summer View Way.
• Construction is funded with Community Development Block Grant (CDBG) funds, which must be expended by the end of the 2023/24 Fiscal Year. The County has requested that the project be as complete as possible by the end of June 2024.

FISCAL IMPACT
The projected budget is $250,210, of which $75,000 will be allocated from the Citywide Sidewalk Improvements Project and ADA Access Ramp Various Locations (Project Nos. 2324STI and 2324ADA) and $175,210 from CDBG funds for construction costs as follows:

CDBG Citywide Sidewalk
Improvements
Project Total
Budget
Professional/Design: $ 0 $ 30,000 $ 30,000
Inspection/Testing/Survey: $ 0 $ 15,000 $ 15,000
Construction: $ 175,210 $ 0 $ 175,210
Contingency: $ 0 $ 30,000 $ 30,000
Total Budget: $ 175,210 $ 75,000 $ 250,210
CONSENT CALENDAR ITEM NO. 3
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BACKGROUND/ANALYSIS
In 2011, the City conducted an Americans with Disabilities Act accessibility survey of all public facilities. To date, the City has addressed ADA deficiencies at the Exterior and Interior of City Hall, La Quinta Park, Civic Center Campus, La Quinta Library, SilverRock parking lot, Museum, YMCA, Sports Complex, Velasco Park, Eisenhower Park, Adams Park, Desert Pride Park, Saguaro Park, Fritz Burns Park, Seasons Park, and a portion of Avenida Bermudas.

This year’s Citywide Miscellaneous ADA Improvements will include work within the Season’s Neighborhood at the following locations:
 Springtime Way and Seasons Way
 Springtime Way and Summer View Way
 Summer View Way and Winter Cove Court
 Summer View Way and Desert Fall Way
Contingent upon approval to advertise the project for bid on January 16, 2024, the following is the project schedule:

Council Bid Authorization January 16, 2024
Bid Period January 17, 2024 to February 7, 2024
Council Considers Project Award February 20, 2024
Execute Contract and Mobilize February 21, 2024 to March 18, 2024 Construction (20 Working Days) March 2024 - April 2024
Accept Improvements May 2024

ALTERNATIVES
Staff does not recommend an alternative due to the funding timing constraints.

Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map

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*IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS
Legend
Attachment 1 - Vicinity Map
Notes
REPORT PRINTED ON... 1/31/2023 11:35:48 AM
Citywide Miscellaneous ADA Improvements
0 6, 12,037
019
Feet
Blueline Streams
City Areas
World Street Map
ATTACHMENT 1
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City of La Quinta
CITY COUNCIL MEETING: January 16, 2024

STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 3 TO REIMBURSEMENT

AGREEMENT WITH COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FOR AVENUE 48 ARTS AND MUSIC LINE PROJECT NO. 2020-08

RECOMMENDATION
Approve Amendment No. 3 to the Reimbursement Agreement with the Coachella Valley Association of Governments for the Avenue 48 Arts and Music Line Project No. 2020-08; and authorize the City Manager to execute the amendment.

EXECUTIVE SUMMARY
• Coachella Valley Association of Governments (CVAG) is the lead agency for the Avenue 48 Arts and Music Line project improvements and has contracted with Webb and Associates to design the project (Attachment 1). • This project will be a community connector to the CV Link located primarily along Avenue 48 between Highway 86 and Washington Street.
• In March 2020 the City approved a reimbursement agreement with CVAG along with the Cities of Coachella and Indio. The participating cities’ local share of the design cost is determined by their respective linear mileage of the project. • CVAG was successful in receiving an Active Transportation Program (ATP) grant in the amount of $36.483 million for the construction.
• Amendment No. 1 updated the cost share associated with the design, and Amendment No. 2 added additional design to the agreement. • Amendment No. 3 will incorporate construction management costs and add the non-infrastructure services to the agreement (Attachment 2).

FISCAL IMPACT
Amendment No. 3 will revise CVAG’s 75% total regional share under the agreement to $3,964,470, and the 25% local share to $1,321,490. The total project cost is allocated as follows:

CONSENT CALENDAR ITEM NO. 4
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The 25%, or $1,321,490, local share is divided between the Cities of La Quinta, Indio, and Coachella based on their respective linear mileage of the project; each city’s share is detailed in the table below. The City’s total share of the 25% is $330,372, which includes an additional $93,379. There is sufficient funding in the project budget (401-0000- 60188D) for the additional cost to the City.

BACKGROUND/ANALYSIS
CVAG coordinated with the cities of La Quinta, Coachella, Indio, and Riverside County to develop the 10-mile project. The Arts and Music Line is a community connector to the CV Link that’s located primarily along Avenue 48 between Highway 86 and Washington Street. The eastern end will extend along Dillon Road to the Spotlight 29 Casino. The western end will extend southward along Washington Street and then further west and south along Eisenhower Drive, connecting to the Bear Creek Trailhead at the western terminus of Calle Tampico.

The project’s design will incorporate both light and sound, and provide pedestrians and cyclists safe access to the music and art festivals at the Empire Polo Grounds.

Partnerships with two school districts and Golden Voice, provides an opportunity to feature students’ art and music along the route.

In March 2020, the City executed a reimbursement agreement with CVAG and the cities of Indio and Coachella for the design of the project. The Avenue 48 Arts and Music Line is a priority identified in CVAG’s Transportation Project Prioritization Study (TPPS) and was therefore eligible for regional transportation funding. By designing this project, CVAG was able to secure a $36.483M ATP grant for construction.

Amendment No. 1, executed February 2022, revised the cost share after a portion of the La Quinta improvements was removed to improve the chances of receiving ATP grant funding. Amendment No. 2, executed December 2022, included additional design costs. 32 CLICK HERE to Return to Agenda
Proposed Amendment No. 3 extends the term of the agreement through December 31, 2025, incorporates the costs associated with pre-construction and construction management services per CVAG’s agreements with Anser Advisory Management, LLC and T.Y. Lin International, and adds non-infrastructure services per CVAG’s agreement with Chen Ryan Associates.

ALTERNATIVES
Council may elect not to approve this amendment.

Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, PE, Public Works Director/City Engineer Attachments: 1. Avenue 48 Arts and Music Line Project Map

2. Amendment No. 3 to Reimbursement Agreement With CVAG 33 CLICK HERE to Return to Agenda
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MILES AVE
AVEN E 46
AVENUE 50

LAE TAMPICO
AVENUE 52
AVENUE 54
4, 300 8, 600 Feet ' 6.

PA, ar
5-
ilVir.FiSIDE COUNTY
PROJECT LOCATION.
w- 11 o
Legend
Proposed Improvements
amp Arts and Music Line
School Connection Spurs
Connection to CV Link
Existing/ Planned Conditions
CV Link
Bicycle Lanes
Bear Creek Trail
Schools
Polo Fields/ Local Event Venue
Coachella
Indio
La Quinta
Unincorporated Riverside Count)
1 CVAG Arts and Music Line
Active Transportation Program Cycle 6 Grant Application Project Location Map
ATTACHMENT 1
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Contract No. CVAG-20-018-03
Project: ATP – Arts and Music Line

AMENDMENT NUMBER THREE
TO THE

REIMBURSEMENT AGREEMENT BY AND BETWEEN

CVAG AND THE CITY OF LA QUINTA

FOR THE
ATP – ARTS AND MUSIC LINE
This AMENDMENT NUMBER THREE is made and entered into this 4 th day of December 2023,
by and between the Coachella Valley Association of Governments, a California joint powers agency (CVAG), the City of La Quinta (Agency) and is made with reference to the following background facts and circumstances. All other terms and conditions shall remain the same as stated in the original agreement dated March 18, 2020 for the ATP – Arts and Music Line Project.

1. This Amendment Number Three extends the term of the contract to December 31, 2025.

2. This Amendment Number Three authorizes the scope of services in accordance with the attached Anser Advisory Management, LLC Technical and Fee Proposal for the not-to-exceed amount of $509,333, including 20 percent contingency, to provide preconstruction and construction management services.

3. This Amendment Number Three authorizes the scope of services in accordance with the attached T. Y. Lin International Technical and Fee Proposal for the not-to-exceed amount of $50,000 to provide supplemental pre-construction and construction management services.

4. This Amendment Number Three authorizes the scope of services in accordance with the attached Chen Ryan Associates, Inc. Technical and Fee Proposal for the not-toexceed amount of $934,730, including 20 percent contingency, to provide professional engineering and public outreach services.

5. This Amendment Number Three increases CVAG’s Regional Share to $3,964,470, and the Local Share to $1,321,490.

6. This Amendment Number Three authorizes CVAG to amend the cost-sharing agreements between CVAG and the Cities of La Quinta, Indio and Coachella for design costs related to the ATP - Arts and Music Line, by adding $1,494,063 to the total costs for a revised total of $5,285,960 which represents an additional $1,120,547 totaling $3,964,470 for the 75 percent CVAG share and an additional $373,516 totaling $1,321,490 for the 25 percent local share.

Amendment Regional Local
Amount Share Share
Original Contract March 18, 2020 $2,731,897 $2,048,923 $682,974 Amendment Number One February 28, 2022 No Cost $0 $0
Amendment Number Two December 5, 2022 $1,060,000 $795,000 $265,000 Amendment Number Three December 4, 2023 $1,494,063 $1,120,547 $373,516 Total Contract not-to-exceed $5,285,960 $3,964,470 $1,321,490 ATTACHMENT 2
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Contract No. CVAG-20-018-03
Project: ATP – Arts and Music Line
Based on the revised additional $373,516 to the local share, the revised 25 percent local share which totals $1,321,478 per this amendment will be split between the cities of La Quinta, Coachella and Indio as follows:

Total Local
La Quinta Indio Coachella Share (25%)
$330,372 $885,398 $105,719 $1,321,490
25% 67% 8% 100%

SIGNATURES ON NEXT PAGE
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Contract No. CVAG-20-018-03
Project: ATP – Arts and Music Line
Attachment A-1
Anser Advisory Management, LLC
Technical and Fee Proposal
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COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
Professional Engineering Services, Arts and Music Line Project 12 | Anser Advisory Section 4: Work Plan

UNDERSTANDING OF SPECIAL ISSUES (IV)
Construction Management Reimagined
The Anser team is comprised of individuals who truly take ownership of the project and are willing to go the extra mile to ensure the project is built right the first time. We are constantly looking for design and construction enhancements that will result in a pristine finished product.

An example of this on the CV Link project was at the Palm Springs Visitor Center access point. The design drawings had laid out the top of footings in line with the proposed finished grades. Our Resident Engineer, Tyson Atwood, realized early that the visual roof line would look odd once complete. As such, he made slight modifications to the top-of-footing elevations so that the shade structures would visually be shaped like a “V,” which also cast a much more appealing shadow.

It is this high attention to detail which separates the Anser team from any other construction management firm.

Plans are heavily scrutinized both in the office and in the field to ensure that the design intents are being met during construction. The Anser team is very accustomed to making minor design changes in the field as nearly all of the proposed tie-in elevations on the CV Link project have been significantly off. The way we have efficiently overcoming these challenges is by being very proactive. Once construction stakes are set, the Anser team will go out a minimum of two days ahead of the Contractor’s planned activities to ensure design feasibility.

Minor adjustments can then me made with have zero to
minimal impacts to the contractors means and methods and schedule. We can make such adjustments easily because, as part of our standard tools, Anser has invested in a builder’s laser level so that our inspection team can not only verify grades and forms without the assistance of a contractor. This also allows us to gather simple field topo without the need of additional survey costs.

Unique Design Elements
The AML has many unique features
and elements which are being custom
developed for the project. Anser has
extensive experience in dealing with
unique design elements and the challenges
that it brings to an owner. The first decision that CVAG must make is whether the agency should procure these items under a sole source agreement and then provide them to the contractor as owner furnished material. This is always heavily scrutinized by Caltrans and puts funding at risk if the proper procedures are not followed. Furthermore, California Public Contract Code section 3400 also prohibits the use of specific brand names when bidding out work. On the CV Link project, Anser provided guidance to CVAG about the best way to procure specific design elements while still being in compliance with California Public Contract Code section 3400.

Through our guidance, the Segment 1 contract was able to procure the exact benches, trash receptacles and bicycle racks that were desired by CVAG.

As part of the Infrastructure Investments and Jobs Act (IIJA), the Build America, Buy America Act (BABA) was enacted in November of 2021. This act greatly increased the number of products which now fall within the Buy America requirements.

This may include many of the fiberoptic and specialty lighting that is currently shown in the AML drawing package. During the pre-construction phase, Anser will ensure that all specified products meet the BABA requirements. The newly updated
Caltrans 2023 standard specifications largely incorporate all these new Buy America requirements, however at this time it is unclear what the base specifications will be. If the Caltrans Standard Specifications are not used, the Anser team will ensure that all the newly updated Buy America language is in the contract specifications so that the contractor may accurately bid the project. Finally, during construction, our Resident Engineer will ensure that all Buy America requirements are being met and the paperwork is meticulously filed in preparation for any audit.

Understanding of Regional and Community Needs
Anser has worked extensively in the region for over five years and has had an established local office for over three. Over 75% of the daily Anser team staff that will be working on the Art and Music Line Project call the Coachella Valley home.
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COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
Professional Engineering Services, Arts and Music Line Project 13 | Anser Advisory SECTION 4 (CONTINUED)
As such, we have a strong understanding of the unique
community needs of the Art and Music Line project, both as it relates to its local residents and tourism, driven in large part to the music festival season and other special events.

Connections to Schools: The AML will connect to over half a dozen schools, all of which are within disadvantaged communities where over 80% of the children are on Free and Reduced Priced School Meals. Many of these children rely on public or active transportation to get to school. The AML will provide safer routes to children who are already using active transportation means to get to and from school each day.

Tourism:April is one of the most important months to the region.

Each weekend, over 100,000 festival goers visit the Empire Pole Grounds to attend Coachella Music and Arts and Stagecoach music festivals. This is not including the thousands of vendors that it takes to support these events. These grounds are also increasingly the home to additional festivals taking place in October. Consideration for these high traffic events must be accounted for both during the design and construction phase.

The design must be thoughtful enough to recognize that there are 10’s of thousands of people who would use the facilities no more than once a year. Likewise, during construction, we must ensure that our project is of minimal impact to the traveling public, espcially during these high-volume weekends. The Anser team is well experienced working within the region during these timelines.

During construction of our CV Link project, we ensured that our contractor took extra precautions by utilizing a combination of chain link and snow fence to keep tourism out of the construction zones. We also added additional signage above and beyond the requirements of the CA MUTCD to ensure clear communication to all tourists.

Understanding of the Dillon Road Connection
The Dillon Road connection is the eastern most connection to CV Link. Anser is aware that the existing Dillon Road Bridge over the Coachella Valley Stormwater Channel is structurally deficient and functionally obsolete. Dillon Road is also a principal arterial serving the two tribal reservations: Cabazon Band of Mission Indians and Twenty-Nine Palms Band of Mission Indians, and is the only access to the City of Coachella connecting to Interstate 10 freeway. The risks and reliabilities are extremely high and Anser is ready to work through any and all challenges, including:
→ Coordination with Caltrans, Coachella Valley
Associations of Governments, Coachella Valley Water
District, City of Indio, City of Coachella, Cabazon Band of Mission Indians, Twenty-Nine Band of Mission Indians, utility companies and school districts on a consistent
basis.
→ Possible closing of Dillon Road Bridge during construction which may require long detours through Avenue 50 via a
low-water crossing (not accessible during flood event) or Avenue 52, which will significantly increase emergency
response time.
→ Understanding that there is a Joint Powers Authority
between the City of Indio, City of Coachella, Cabazon
Band of Mission Indians and Twenty-Nine Band of
Mission Indians, established in September 2018, related to the Dillon Road Bridge Project.
→ Understanding that the Dillon Road Bridge Project is
one of Coachella Valley Associations of Governments
transportation projects in the Transportation Project
Prioritization Study and how this relates to the Art and Music Line Project which is funded by federal ATP and
local funds.
→ Managing environmental clearances (i.e., AB52 and
Section 106 consultations).
→ Managing and conducting biological studies during
breeding seasons only which may cause delays.
→ Strategizing the political process and facilitating
discussion among stakeholders that may have differing
opinions or priorities.

Anser has built a team who is ready to take on these challenges.

Martin Magaña of Magaña Consulting Services joins the Anser team with extensive existing relationships and knowledge of the rich history of the surrounding area. We will guide CVAG in addressing these challenges by including City and Tribal staff in pre-construction meetings and progress meetings, implement City and Tribal punch list items during project closeout and coordinate acceptance walks with the City and Tribal staff as part of the final punch list process.
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COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
Professional Engineering Services, Arts and Music Line Project 14 | Anser Advisory SECTION 4 (CONTINUED)
Design and Practical Experience
Anser has extensive knowledge of the ADA
requirements and bikeway construction
as outlined in the California MUTCD.

We’ve also kept up on all changes as these
manuals are updated. This gives us a strong understanding of the critical elements not only during the constructability review phase, but also during construction. For example, we understand that there has to be 2-foot clear zone from the edge of path from any obstacles while the path.

During the construction of CV Link behind the Palm Desert High School, this understanding of design criteria was critical as the proposed pathway alignment encroached into this buffer zone against an CVWD chain link fence. Since our contract stated to protect the fence in place, the Anser team made alignment modifications in the field to ensure that our edge of pathway was at least 2-feet away from the existing fence.

This change was made a zero cost to CVAG. Had we not had this understanding, post solution would have certainly cost tens of thousands of dollars.

Anser also understands that even though a design may work on paper and is within the guidelines of design standards, new features may cause confusion with drivers. As new sections of travel are opened, Anser will observe how traffic reacts to the changes, recognizing that there is a typical time period where locals will need to adjust to the changes. If any element of the design is not working as intended, Anser will take immediate action to add any temporary fixes as necessary while the design team provides a final solution. Signal timing adjustments are frequently required on these types of projects. Anser will work with the local agency to ensure that signals are adjusted ahead of opening new routes to traffic.

Levee and Undercrossing Construction
One of the more important connections to the Arts and Music Line is connectivity with CV Link at the La Quinta Promontory Point Access Point. In order to make this connection, the proposed pathway will travel from Avenue 48 along the La Quinta
Evacuation Channel and then drop under both the Highway 111 and Jeferson bridges. Anser has unmatched knowledge of the challenges of obtaining both design approval and constructing within Coachella Valley Water District (CVWD) right-of-way.

Our Resident Engineer, Tyson Atwood, has spent the past three years working very closely with CVWD, especially David Wilson and Chad Austin, in getting both design approvals, as well as construction coordination within the channel. Anser recognizes that CVWD has strong reservations about constructing the under crossings as proposed due to both safety and engineering concerns.

Engineering Concerns. One example of the engineering concerns CVWD will likely have is with capacity and scour analysis. The proposed design will reduce capacity of the existing channel by the addition of a retaining wall, and/or fill slope. As this channel is designated as a Zone A by the FEMA Flood Insurance Rate Maps (FIRM), CVWD will likely require a hydrologic/ hydraulic (HH) analysis which shows that the impacts have negligible effects on the existing water surface elevations and scour depths. CVWD traditionally has Northwest Hydraulic Consultants (NHC) complete their third-party review of all HH studies. Through this process, Tyson has working knowledge of the types of analysis that NHC will be looking for, as well as how they prefer the data presented. Having previously worked as a HH design engineer, Tyson has a strong understanding of the software and types of analysis used to complete these studies.

During the approval process of the CV Link under crossings, Tyson performed Quality Assurance of the designers’ analyses and report prior to submitting to CVWD for review. During this process, he caught several inconsistencies in the report which had traditionally been flagged by NHC; avoiding an additional costly round of reviews and loss in schedule.

With his extensive knowledge of what kinds of issues CVWD and NHC traditionally look for in their review, the Anser team will be able to perform independent Quality Assurance checks ahead of design submittals to CVWD which will cut down on the number of submittal reviews required ahead of CVWD approval.

Safety Concerns. Through our conversations with CVAG, we also understand that CVWD has safety concerns about building the pathway underneath the Jefferson and Highway 111 bridges, respectively. During our field visit, the Anser team did observe one homeless encampment in the Jefferson bridge abutment, opposite of where the pathway is proposed.

The Anser team has vast experience in working with the homeless of similar under crossings during construction of CV Link. The Monroe under crossing had proven to be the most challenging location as there was a very well establish encampment within our construction limits. Prior to construction of the under crossing, Anser teamed with the CVAG Homeless outreach team so that contact could be made with the individuals. Once that initial contact failed, Anser worked with local law enforcement to have the individuals removed. Anser also came up with some additional design elements which helped as homeless deterrents. Through persistent work, there are no longer homeless encampments at any CV Link under crossing locations.
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COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
Professional Engineering Services, Arts and Music Line Project 15 | Anser Advisory SECTION 4 (CONTINUED)
Anser will work closely with CVAG to help ensure the safest possible route to access CV Link at the La Quinta Access Point.

We will look at all options, including additional lighting which would not have adverse environmental impacts while enhancing the safety of users after dark.

Retaining Wall Construction
The current plan shows two different types of walls being constructed within the channel, a tieback wall and a cast-inplace wall. In our initial review of the plans, as demonstrated in Figure 1, it appears that CVAG may need to acquire additional right-of-way in order to construction the tiebacks. This appears to be most prominent at the Highway 111 undercrossing,
especially towards the northerly side where there is an existing shopping center adjacent to the channel. These kinds of rightof-way constraints will be one of our top priorities during our constructability review. It will be critical to both the schedule and design that these kinds of restrictions are identified early so that proper action can be taken to mitigate the design.

Another challenge that the project may face is with the current design of the cast-in-place (CIP) wall. In order to cost effectively construct the CIP wall, the contract will need room to excavate for the footing. This is demonstrated in Figure 2.

As demonstrated in this figure, this back cut will likely affect the columns of the existing bridge. During the constructability phase, we would review the both the Jefferson and Highway 111 as-build drawings to ensure that future construction would not impact the structural integrity of the bridges and that any potential back cuts would be above the existing pile caps.

Additionally, access during construction of the CIP wall will be restrictive due to the placement of the existing columns.

Extreme caution must be maintained at all times so that equipment does not strike and damage any of the structural components of the bridges. The Anser team will also ensure that the environmental clearance areas also accurately account for construction activities.

As a lesson learned from the CV Link project, the environmental boundary of the under crossings did not account for the back cut required for the cutoff wall construction. The Anser team has worked with both CDFW and CVWD to mitigate these impacts so that the project could be built per plan.

On-Street Construction
While the levee and
undercrossing may appear to be
the most technically complex
component of the project, the
on-street work will have its own unique set of challenges, from both a constructability and engineering perspective.

Project Staging and Schedule. One of our lessons learned from our City of Indio Herbert Hoover Pedestrian Improvement project is the success of breaking the project in to manageable stages of work. Because the project is spread out through commercial, residential, and school zones, it is important that the contractor is diligent when they start construction. For example, we would not want the contractor to start demo work in La Quinta, near Desert Sands Unified School District and then move into the City of Indio, and not complete the work within the City of La Quinta for weeks, or even months later. We will work with CVAG and the design team to establish reasonable work zone areas which would not substantially drive costs, while minimizing impacts to the public as much as possible.

Prior to starting the project, we will review and agree on the Contractor’s baseline schedule. Our team will discuss the project schedule with the contractor prior to mobilization and listen to any concerns or enhancements they have relating to the schedule. When both Contractor and Construction Manager agree on a schedule prior to starting the project, the project has a much higher rate of success!
Patterned Colored Concrete. The ambition of the AML is to truly live up to its name to where it will be a piece of art. The pathway will create an amazing user experience with its blends of colors and shapes. The issue is that each one of these colors and shapes will require separate concrete pours, which drives up costs and can lead to challenges with differential settling, joints/cracking, and color inconsistency between pours. The Anser team is very familiar with these types of challenges through our work on the North Park Mid-City project and the CV Link project.

Figure 2
Figure 1
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COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
Professional Engineering Services, Arts and Music Line Project 16 | Anser Advisory SECTION 4 (CONTINUED)
Our Lead Inspector, Kenny Casados, has worked through
all these types of challenges during the construction of the CV Link access points and branded banding. These sections consisted of similar intricate patterns which required their own separate pours. We worked hand-in-hand with the
contractor to develop pour plans and methods to cut relief joints which have avoided over 95% of cracking.

Prior to bid, Anser will share our lessons learned with the design team to ensure contract specification language requiring sample panels, pour plans, doweling and saw cutting are all in the bid package. In addition, we’ll recommend that language is in the contract which requires that the same mix design be used in sections, which ensures a consistent color product throughout the project
Coordination with Cities, Utilities, and Future Projects We recognize the need to coordinate with many different stakeholders on this project, all of which the Anser team has existing working relationships with. A detailed description of our communication plan is discussed later. We also recognize that the AML is not the only planned project within the same footprint of work and that other agencies have their own projects to manage.

The AML project is not scheduled to go to construction until Q2 of 2025, meaning there is ample time to coordinate any future projects currently planned with the stakeholders. However, this also means that it’s likely that projects within our work limits will be completed ahead of the AML going to construction. The Anser team has extensive experience coordinating these kinds of efforts on many different projects including North Park MidCity, Bayshore Barrio Logan, and of course CV Link. ◼ On the North Park Mid-City project, we actively had to coordinate with the City of San Diego for outside projects such as annual slurry seal maintenance, installation of fiber optics lines, and new building development; all of which impacted our work zones. Our proposed Assistant Resident Engineer, Brandon McKay, actively managed each of the
conflicts with our contractor. Preferred critical path activities were altered, and re-design work arounds were just some of the solutions the Anser team came up with.
◼ On the Bayshore Barrio Logan project, we are actively managing a scenario where a local City sewer project within our
work limits has been substantially delayed, which in turn has caused the Anser-managed project to pivot. We have
proactively worked with our contractor to sequence the
preferred critical path components of the project, so that construction activities could continue.

We have many similar experiences on the CV Link project. CVWD has had two projects within the channel which have affected our ability to perform work in the areas, causing us to re-sequence work. The Dune Palms bridge replacement falls within the footprint of the current Segment 1 project which required the Anser team to revise start/stop locations.

In the City of Palm Springs, the City had completed a small traffic calming project within the CV Link limits which was unknown to CVAG and the design team. Once construction began, our proposed Resident Engineer, Tyson Atwood, and Lead Inspector, Kenny Casados, actively worked with Donn Uyeno, then with Palm Springs, to incorporate the existing speed humps into the CV Link project.

The Anser team is prepared to actively deal with any curveball that the AML project throws our way and our proposed team has a proven record of success in keeping projects actively progressing through all of these types of scenarios.

ADA Compliance
Public safety is a key component to the success of this project.

Nearly every aspect of the project has to be within compliance of ADA standards. That means pathway cross slopes cannot exceed 2% and anything over 5% in the travel path is considered a ramp and must be treated as such in the design. Through our workon many projects, but especially on CV Link, our inspection team has developed comprehensive spreadsheets which ensure compliance with all ADA standards, while being able to complete the checks in a timely manner. Our inspection team will document all ADA components using tape measures to a 1/16 of an inch and smart levels to the tenth of a degree to ensure features do not exceed the maximum allowable
slopes.dimensions. If features are found to be out of toerance, the Contractor will not be compensated for the work until the ramp meets protect requirements. In addition to permanent ADA facilities, temporary facilities may be needed to guide pedestrians during stage construction and closed ramps. We could not find any mention of how the Contractor should contruct temporary ADA facilities in the contract documents, therefore we recommend that these temporary facilities follow the Caltrans Temporary ADA Facilities Handbook.
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COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
Professional Engineering Services, Arts and Music Line Project 17 | Anser Advisory SECTION 4 (CONTINUED)

APPROACH/ WORK PLAN TO SCOPE OF

SERVICES
Bid Administration and
Pre-Construction Assistance
Schedule (a):Anser currently employs a team of
critical path method (CPM) scheduling experts
who are experienced in a variety of scheduling
software, including Primavera P6 and Microsoft Project. For the Art and Music Line project, there will be three critical phases to completing the project which are: Completion of Design, Obtaining E76/Advertise/Award, Construction. A detailed schedule is shown toward the end of the proposal.

Completion of Design is much more than simply just how long it will take for the designer to complete the drawings. This is the critical phase in which all the project stakeholders will have the majority of their input on the design. Anser has extensive experience working with all of the stakeholders on the project, including: Coachella Valley Water District (CVWD), Cities of La Quinta, Indio, and Coachella, as well as coordination with the Cabazon Tribe. Having worked with these agencies, Anser has extensive working knowledge of which agencies tend to stretch beyond their initially stated review period. We also have a strong understanding that it will likely take multiple reviews before obtaining approvals. In order to setup an accurate schedule, it is critical to set realistic activity durations, as well as allowing for multiple reviews.

Obtaining E76/Advertise/Award. There is an extensive package which is required as part of the approval package from Caltrans.

The proposed Anser team are subject matters experts which in comes to the Caltrans Local Assistance Procedures Manual (LAPM) has successfully supported CVAG on a number
construction package related to the CV Link program.

Most recently, Anser was asked by CVAG to put plan packages and provide cost estimates for multiple Caltrans packages with just a few days turnaround deadline. Anser was able to quickly allocate resources and completed over 80 manhours of work in just 48 hours.

Once the E76 is obtained, Anser will support CVAG in putting the bid package out for construction. Again, there are strict guidelines which must be followed in accordance with the LAPM. The advertise and award package is always the first item which is reviewed by Caltrans auditors during the initial project audit.

Construction. Having managed dozens of bikeway projects, the Anser team are experts in not only putting together but managing these linear projects in which the critical path activities may frequently change. As part of this procurement, Anser has developed a probable construction sequence which the contractor would likely follow. This schedule will be further updated as we progress from 65 to 100% design drawings.

Additionally, as discussed in our Special Issues section, we will be sure that we capture any outside agencies projects which could potentially affect our project.

Bid Processes (e): Once our constructability
review is complete, Anser will then assist CVAG
with putting out a bid package. As discussed
above, Anser has extensive experience putting
together bid packages in conformance with
the Caltrans LAPM. Once the project is advertised, as we did with CV Link, we can take the lead in answering any questions which may arise from potential contractors during that process. Once bids are open, Anser will complete a comprehensive analysis of the bid items to ensure that there are significant bid items which are unbalanced. We will also review each bidder package to ensure that they submitted complete and responsive bids. A large part of that review will be to ensure that the contractor has made accurate claims of the DBE goal participation, or a review of the “good faith effort,” which would ultimately need Caltrans approval.

Budget (b): Every successful construction project starts with a great estimate! Financial expectations determine which projects are started, but only accurate cost estimates determine which are completed within budget. Our in-house Cost Estimating group lead by Andy Kleimola, recognizes the importance of having reliable construction cost estimates before a shovel ever hits the ground. Accurate cost estimates are required to create project budgets, evaluate cost implications of numerous design decisions as design advances and to analyze the accuracy and fairness of contractor’s estimate submissions.

Not only does the AML add complexities to standard concrete pathway construction, it also incorporates a number of unique fiberoptic and other unique lighting elements, all of which are key to making the pathway a work of art. This is all in addition to the structural elements that will need to be built to connect the AML to CV Link at the La Quinta Access Point. These elements all come at a cost where budgets are limited. The success of a project hinges on getting the alignment of budget, scope, and quality right at the beginning of the project, as well as the maintenance of that alignment as design progresses. Our team of estimators will help confirm engineer’s estimates, and when needed we can provide guidance to any discrepancies so that CVAG may have the most accurate information to make decisions from.
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COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
Professional Engineering Services, Arts and Music Line Project 18 | Anser Advisory SECTION 4 (CONTINUED)
Communication Plan. Given the number of stakeholders on the project, having a formal communication plan and having contact information for all members is critical. The Anser team is unmatched not only its understanding of this, but also with having already established much of the groundwork required as part of this project.

Through our work on the CV Link project, Anser and Burke Rix have already developed a communication plan which contains most contacts which will be part of the AML communication plan.

We will work with CVAG to refine this list and ensure that contact information is captured in an organized manner in a way that anyone new to the project could be brought up to speed with who the key stakeholders are by simply reviewing the document. Given the length of the project, it’s likely that key stakeholders may move positions. As such, we recognize that our communication plan will always be a working document which will need to be updated throughout the life of the project.

Constructability Review (c): As discussed in the Special Issues section, the Anser team brings knowledge of not only constructability issues, but also design guidelines, especially as it relates to bikeway facilities. As shown in the appendices, Anser has already began its initial list of field observations with the provided 65% drawings. A thoughtful review of work adjacent to right-of-way lines will be required throughout the project.

During the construction of CV Link, Anser was able to identify several areas which required either a Temporary Construction Easement or Slope Easement. By identifying early, Anser was able to put all the document required in order to obtain these easements with zero delay to the project.

In addition to constructibility review, Anser will utilize Steve Latino from Michael Baker to perform a comprehensive
engineering review. Steve has recently worked side-by-side with Tyson on a number of bikeway project for the City of Palm Desert.

Their different backgrounds allow for highly detailed review of drawings which far expand beyond the typical constructibility review comments.

Bluebeam RevuTM has become the standard software for
constructability review comments, however not all firms use it to its full capabilities. Effective use of studio sessions, thoughtful layers, and summary reports are what set Anser constructability reviews apart. Anser will mark up a set of plans on the PDF editor.

There are two benefits with this software which can improve efficiency and reduce review times between the project team.

First, we can place the drawings in a cloud-based server where multiple team members can comment directly on the PDF.

This will allow simultaneous reviews rather than back and forth commenting between the team.

Second, once all the comments are compiled on the markedup pdf set, the software can export a review sheet, which clearly identifies the page number, comment and most
importantly a picture of the item being discussed. This report is to supplement or replace the excel spreadsheet typically issued as the tracking log for the constructability comments.

When reviewing comments, there is no need for a set of plans and excel sheet. This report will combine both and make for more efficient, productive meetings with the team. Additional sketches and drawing details containing recommendations for package improvements will be provided to supplement the comment log to ensure clarity. The comment/response log will be supplemented with full-size sheet plans with markups for each project.

Mitigation Measures and Environmental Requirements (d):

Through our experience on CV Link and other projects, Anser has a strong understanding of the environmental requirements required to complete the Art and Music Line. These will include mitigation measures for burrowing owls, nesting birds, and bats, among others. Additionally, there will be cultural requirements, at minimum, for work that takes within the Cabazon and
Twenty-Nine-Palms right-of-way. Anser has teamed with LSA who has a local office in Palm Springs and had been providing local support to the Coachella Valley for years. Along with Anser, LSA has personal working relationships with the local agency representatives, including Jacob Skaggs with the Department of Fish and Wildlife (CDFW).

Anser, with the support of LSA, will complete a thorough review of all environmental documents and place relevant items in our CPM schedule. A risk analysis of the current construction schedule will be reviewed with the CVAG so that thoughtful decision on when to release projects to bid can be made.

We will take extensive care to ensure that all environmental requirements are capture in the projects Special Conditions and the time of bid.
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COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
Professional Engineering Services, Arts and Music Line Project 19 | Anser Advisory SECTION 4 (CONTINUED)
Construction Management
Project Administration (3)
Procedures Manuals (c, g, h): The Anser Team
understands that we will have to create and
maintain hundreds of documents throughout
the project duration to provide proof that the project was administered in accordance with Local, State and Federal guidelines. The requirements of the Caltrans Local Assistance Procedures Manual (LAPM) provide the minimum filing system that we must adhere to. However, a project of this size will require that we implement the full filing system established in the Caltrans Construction Manual. Anser’s Resident Engineer, Tyson Atwood, and Document Control specialist, Amelia Fitchett, have expansive experience utilizing the Caltrans filing system and together have successfully passed many Caltrans audits, including ones for CVAG, typically with just minor comments.

Coordination & Reporting (b, d, j): Open communication is one of the keys to success of any project. The Anser team has an existing working relationship with not only CVAG, but the majority of stakeholders on the project. As discussed above, Anser understands the importance of having a written plan when dealing with so many stakeholders and partners on the project.

Once the project is awarded, the Anser team will kick-off the project with a pre-construction meeting which will include all project stakeholders. Clear lines of communication through the Anser construction management team will be reinforced at this meeting. During the construction phase, it is crucial to keep all stakeholders informed of the progress of the project. In order to manage the flow of information and keep the focus on the important issues, Tyson will institute weekly contractor progress meetings. Again, all stakeholders, such as the contractor, CVAG, the design engineer, CVWD, RCTD, and all Cities and Public Relations Officers will be invited to attend. Minutes of issues, discussions, statements, and commitments will be recorded and distributed after every meeting. Weekly and monthly Construction Progress Report will be provided to CVAG staff and other stakeholders as approved by CVAG identifying the progress made, upcoming work, and any issues that have or may be developing.

Anser is very familiar with the formatting requirements for these reports as Anser helped develop many of the standard reports still used by CVAG as part of setting up the document control system on the CV Link project.

Progress Payments (a, e, f): Prior to bidding the project, Anser will ensure that there is specification language which clearly define the payment schedules of the project. Anser will follow the time-tested procedures established in the Caltrans Construction Manual for the tracking and payment of materials placed by the Contractor each month. Daily reports become the basis of documenting the material placed by the Contractor. This information is transferred to quantity (or Q) sheets that are established for each item of pay. All quantity sheets are backed up with calculations, photos or other means of verification, and are checked by an independent party prior to being submitted to Tyson. Payment vouchers are generated, along with a
breakdown of reimbursement from the various funding buckets on the project. Monthly estimates are submitted to CVAG after discussion with the Contractor and confirmation that payment items are accurate. A detailed discussion on the process can be found in the Cost and Schedule section.

Monitor Contractor’s Schedule (i): We will ensure that the Contractor is complying with the requirements of the monthly schedule updates and closely monitor the critical path to avoid delays and disruptions whenever possible. Non-working days and days added by the change order process will be incorporated into schedule updates. Our unique approach to scheduling is discussed in detail in the Cost and Schedule section.

Partnering (l): Anser firmly believes and
practices proactive management on the job
and will make every attempt to resolve issues
at the lowest level possible. As discussed later
in our approach to claims, even when there
are disputes on a project, Tyson maintains the highest level of professionalism and never takes a difference of opinion personally. While we have a proven track record of being able to resolve disputes, should CVAG feel that a partnering session is needed, Anser will participate with an open mind.

Quality Assurance Program (QAP) Manual (m): Anser has
managed hundreds of millions of dollars in federally funded projects, as such, we are extremely familiar with the Caltrans Quality Assurance Program in addition to the approved CVAG Quality Assurance Plan (QAP). The Anser team is currently administering the CVAG QAP by accurately tracking the
quantities of all materials placed on the project to ensure that we are meeting the minimum testing requirements as outlined in the CVAG QAP. To increase cost effectiveness, Anser has teamed with Earth Systems who will perform all of our Quality Assurance Material Testing. Earth Systems has a Caltrans accredited laboratory locally in the Coachella Valley, along with local staff who are also Caltrans certified. It is through these accreditations that we will comply with the Independent Assurance (IA) requirements of the QAP Manual.

Labor Compliance (n): Standards established by the Department of Industrial Relations (DIR) require that Contractors adhere to specific pay requirements and submit certified payrolls to the managing body. Daily reports, along with employee EEO 48 CLICK HERE to Return to Agenda

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interviews form the basis for reviewing contractor certified payrolls. During audits of construction records, certified payroll records are an area that is most often reviewed.

Tyson has extensive experience providing Labor Compliance administration and will be supported by Chia-Chi Wang of our DBE subcontractor, DESI. Any deficiencies will be reported and pursued. Withholding of payment may be utilized to achieve compliance.

Environmental Compliance (k): As previously discussed, Anser and LSA will ensure that we are meeting all the environmental requirements set forth in the environmental documents. In the construction phase, we will ensure that our contractor is complying with all of the environmental requirements for the project that would now be in the special provisions. We are anticipating that the majority of the environmental monitoring will be required to take place at the two ends of the projects which tie into CV Link.

Through our work on CV Link, we know that the surrounding area around Promontory Point has cultural resources which require additional monitoring. We also know of similar requirements at the Dillon Road connection, which takes place on tribal lands.

In addition, monitoring of burrowing owls, bats, and other nesting bird will be required along the channels and under the bridges. From our initial site walk of the evacuation channel, we did notice a nest inside one of the bridge abutments which will need to be addressed prior to construction.

SWPPP, AQMD, and Environmental Coordination (o, p):

Construction activities are ever changing for various reasons throughout a project, thus the reasons for continuous
monitoring on a project. Knowing the appropriate BMP’s for various construction activities is key to properly implementing a SWPPP and Dust Control Plan, especially on a project with so many working locations. Our team is extremely experienced in both Storm Water and Air Quality as Tyson is a Qualified SWPPP Developer’s (QSD) and is also SCAQMD Coachella Valley Fugitive Dust Control certified. Tyson and members of the Anser team are well versed in the new requirements set forth in the 2022 Construction General Permit which will become effective September 1, 2023.

Project dust is always a challenge when working in the Coachella Valley, thus the additional requirement unique to the Coachella Valley in which the contractor will be required to submit a Dust Control Plan to AQMD. We have found that dust can be especially challenging when working within the channels. Often times, dust complaints are blamed on the project, when in fact the dust in large part is a biproduct of high winds and regional dust. Anser has extensive experience with managing dust throughout the valley.

On the CV Link project, Anser wrote a change order to the contractor to apply temporary tackifier to areas within the channel so that it could be proven to AQMD that the project was doing everything possible to stay within compliance. We will take this lesson learned and ensure that such dust control measures are requirements in the contract documents during the constructability review phase.

In addition, Anser will ensure that the Contractor maintains properly permitted dust levels, as well as minimizes project track out from the site. Each project will have some scope of work requiring concrete, so our inspectors will ensure the contractor has washouts set up to rinse out the trucks. Tyson will continually monitor the site for compliance and strictly enforce that all mitigation measures described in the Dust Control Plan and/or SWPPP are being implemented and documented on a
daily basis.

As-Builts (q): As part of our daily and monthly documentation we will maintain “As-Built” drawings. Developing these items in a contemporaneous fashion ensures the most accurate
memorialization of the activities as they occur in the event of a time impact or dispute. We will keep a “Live” as built set of plans using Bluebeam Studio Software. This will be a tool that each member of the Anser Team can utilize and will have access to the most current set of plans at any time. At the end of the project, these electronic files can easily be bundled and transmitted to be updated into the electronic plan set and transmitted to CVAG, and all applicable stakeholders, for archiving.

Construction Coordination (3)
Active construction coordination is discussed
through various section of the proposal
such as our under of project stakeholders,
communication plan, and SWPPP coordination.

As demonstrated throughout this proposal, Anser has a strong understand of the coordination required to complete the AML project. Tyson Atwood, will lead the Anser Team as the Resident Engineer and looks forward to continuing his work as being the day-to-day contact with many of the same parties associated with the project which he is currently working with through his work with the CV Link project.

Construction Inspection (4)
Field Inspection (a-q): Anser offers experienced
and qualified inspectors with extensive
experience with Greenbook and Caltrans
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standards. These individuals will provide daily on-site observation and inspection of required materials, equipment, and methods of construction and assure that the project remains in compliance with all contract documents, permits and regulations. Our inspectors are also cross trained and versed in compliance as it relates to ADA, traffic control, SWPPP and AQMD PM10 inspections. Our digital daily inspection reports discuss conversations, labor, equipment, quantities, location and full description of work completed during the shift, as well as adherence to the compliance aspects of the Contract backed up with photographs. These daily reports are the backbone of hour our quantity (Q-sheets) are generated during the progress payment, which is discussed in the above section.

Our work plan is to eliminate surprises to CVAG by being proactive in working with the Contractor to identify and resolve deficiencies or problems as quickly as possible at the field level. Our inspectors will utilize the three (3) week-lookahead-schedule to properly advance the construction effort by looking ahead, and by assisting the Contractor in resolving issues before they become problems. All work will be inspected for conformance with contract plans, specifications, and current specified and standards. Inspection documentation, processes, materials testing, and quality assurance will all be in accordance with CVAG and Caltrans Quality Assurance Manual.

Comprehensive and accurate daily records of field activities become the go-to document when a dispute comes to light.

Early recognition of an issue allows added opportunities for resolution. If extra work is required, accurate documentation is critical to determine the actual costs incurred and come to an accurate evaluation of cost. When disputed work is not resolved by change order, it must continue under a potential claim. In this case, the Anser Team will create a file number to track the Contractor’s effort with added scrutiny. Accurate documentation of manpower, equipment, and materials will allow us to disallow or minimize the cost of disputed extra work.

Project Support (5)
Construction Surveys (a-d): Anser has teamed once again with the local branch office of Michael Baker International (MBI) to provide surveying services. MBI understands the importance in providing high quality services. The team we have assembled for this project propose to carry out those services to enhance the CVAG’s outstanding reputation in providing the Coachella Valley with safe, reliable transportation and amenities throughout the Valley. Our approach to the project is a proven and efficient team approach with California Licensed Land Surveyors engaged in every work task throughout the scope of work. The local Palm Desert Office currently has four (4) Licensed Surveyors and four (4) fully capable field crews employed full time working on Coachella Valley Projects.

Many times, it is the surveyor who discovers an inconsistency or deviation from design. While it is intended that deviations from plans do not occur, they inevitably may. Minor deviations are normal and can be dealt with routinely by the Party Chief and the Resident Engineer, who will keep the staff informed. When a plan deviation is other than minor in nature, the Party Chief will assess the problem and gather enough survey information for the Resident Engineer to resolve the issue without undue delay.

The Anser and MBI team have an extensive working relationship when it comes to fixing errors in the field, as the CV Link project has been rattled with elevation busts throughout the project. The Anser and MBI team have worked together to obtain additional pothole and elevation data ahead of when the contractor wants to begin their work. Working together, we have saved CVAG 10’s, if not, 100’s of thousands of dollars in additional re-work costs.

In addition to construction staking, the Anser and MBI teamed have worked through a number of right-of-way issues on
the CV Link project as well. MBI has assisted Anser and CVAG in preparing legal documents which have enabled CVAG to get necessary temporary construction easements and slope easements which were not previously identified but required in order to complete the CV Link project.

Material Testing/Source Inspection (e): Anser has teamed with Earth Systems who will perform all material testing and source inspection. Earth Systems has extensive experience throughout the Coachella Valley and currently provides on-call geotechnical service to Riverside County Flood Control and Water Conservation District, Riverside County Transportation Department, the Cities of Rancho Mirage and Indio. They also often work on projects for the Cities of Palm Springs, Cathedral City, Palm Desert, La Quinta and Coachella, as well as Coachella Valley Water District. They have a local, Caltrans certified laboratory located in La Quinta.

Public Outreach (c): Anser has once again
teamed with local small business, Burke Rix
Communications (BRC) to help support our public
outreach effort. BRC has extensive experience in
providing a wide array of community outreach services on large infrastructure projects. Their team maintains relationships with community leaders and stakeholders throughout the region and particularly in the Eastern Coachella Valley. BRC has a positive track record in working closely with CVAG on CV Link and has 50 CLICK HERE to Return to Agenda

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demonstrated to the public that the agency can deliver quality transportation projects with a community driven approach that is transparent and timely. The Anser and BRC is able to hit the ground running in providing timely and efficient outreach and communication services for the AML project.

Public Outreach
BRC is currently provides public outreach and communications services with Anser on the construction management of the CV Link project. In this role, BRC closely coordinates with local agencies that include the AML cities of La Quinta, Indio, and Coachella. BRC also coordinates with many of these cities police departments as well as with other stakeholders such as the Desert Sands Unified School District, Desert Healthcare District, SunLine, property owners, chambers of commerce, community-based organizations, and bicycle groups. BRC
proactively coordinates with these stakeholders and the public to inform and raise awareness regarding project updates. The BRC team has developed and disseminated bilingual notices, social media tool kits, and signage. They also regularly maintain the project website and social media channels. BRC manages the construction project hotline coordinates with our team on quickly responding to inquiries. As a local firm, BRC can connect with residents and businesses on a personal level and immediately respond in person. All calls and any subsequent response are logged for the record and maintained.

Construction Communication Plan
As discussed in preconstruction, BRC will develop a Construction Communications Plan for the AML that will be a comprehensive document designed to guide construction communication
and outreach in a timely and easy-to-understand format that leads to public understanding and support of the project. The Construction Communications Plan will also address planning for project-related emergencies, notices, website content, newsletters, social media, coordination with local agency PIO’s on outreach, coordination with the AML Non-Infrastructure Program Manager, and presentation materials for various audiences. BRC provides most of these services now for the CV Link project and can streamline these efforts for the AML project.

Community Meetings and Events
The BRC team will help plan, facilitate, and promote community meetings and presentations prior to construction and
throughout the project as needed. BRC has extensive experience leading virtual and in-person meetings for CV Link and many other projects. BRC worked closely with CVAG staff on the first CV Link ribbon cutting ceremony in Palm Springs and Cathedral City as well as the groundbreaking ceremonies in Palm Desert, La Quinta, and Indio. All of the ceremonies were promoted by BRC in partnership with CVAG and were very well attended! The BRC team handed event logistics and marketing that included rentals, signage, colleterial materials, and photography/video services. BRC offers full-service in-house event services that include:
» Event Planning & Logistics
» Program Development
» Design and Production of all Collateral & Marketing Materials in English and Spanish
» Event Marketing, Advertising and Public Relations
Public Outreach Events and Stakeholder Management
As part of the team that launched the CV Link project, BRC helped lead the unique approach in utilizing the many community events in the Coachella Valley to help educate, raise awareness, and receive support about the project. BRC strategically identified community events throughout the Valley and created an engaging booth with project
literature and promotional items to
engage visitors. BRC staffed dozens of
events over the years for CV Link and
created a large database of people
interested in the project that were
segmented and contacted for various
communications. The BRC team
includes bilingual speakers
that can help interpret at
events and translate materials.

This experience gives BRC the
ability to fully support the
AML project and the NonInfrastructure Program with
any public event.

COLLATERAL MATERIALS
BRC has an in-house award-winning graphic designer with extensive experience developing all types of bilingual collateral materials that can include:
» Project Factsheets, FAQ’s, and Notices
» Signage and Posters
» Promotional Materials
» Direct mail
» PowerPoint presentations
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Our team can also provide in-house photography as well as project management on video and drone services.

BRC currently maintains the CV Link project website and can quickly with the CVAG Public Information Office to create content for the AML tab on the CVAG site. The BRC team’s experience working with CVAG IT and managing the CV Link and other program sites will allow work on the AML to be seamless and consistent.

Permits (d): Having worked extensively throughout the Coachella Valley, Anser is well versed in the various permits required to complete a project such as the AML. We anticipate that there will be dozens of permits required to complete the project.

Each City will require multiple permits to complete work within their right-of-way; as will CVWD, County of Riverside, and the Tribes. In addition, there will be environmental permits such as the stormwater general permit, AQMD permit, as well as requirements not yet know which will be identified in the NEPA documents, which our teaming partner, LSA will identify and ensure compliance with.

While this may be significantly higher than the average number of permits required for a typical construction project, the Anser team is managing twice as many on the CV Link project. We have existing relationships with all of the permitting agencies and have built a level of trust with all those which administer these permits.

The Anser team will continue fostering those relationships and ensure that we are in compliance with all permits throughout construction. We will continue to review all permits at minimum of a monthly basis to ensure that extensions are filed and executed well ahead of the expiration date, ensure no lapses in permits.

Cost and Schedule (6)
Cost Control (a): At the beginning of the
project, Anser will set up a master spreadsheet
which tracks payment quantities of each bid
item, as well as total payment amounts each
month to the contractor. Change Orders,
Extra Work, and Potential Change Orders will all be tracked in their own report. Additionally, payment for Owner Furnished Materials and Materials on Hand will be separately reported on. A monthly project summary report of all these items will be provided to CVAG on a monthly basis. Tyson will closely monitor the project contingency and report on it on a monthly basis.

We will analyze both bid items and CCOs to estimate the total contingency used. It is imperative to communicate the project’s budget with CVAG so that project mitigation measures can be made and/or additional contingency funds can be secured.

At the end of each pay period our inspectors will prepare Quantity (Q) Sheets that clearly and accurately calculate the quantity of work completed in the past period. The quantity sheets will show calculations or field measurements to justify proper payment to the Contractor. Upon completion by the field inspector, the Office Engineer will check the Q-Sheets for accuracy and input the quantities into the Anser tracking log spreadsheet. Prior to finalizing the payment and submitting to CVAG each month, Tyson will perform a final check of complete payment package.

With multiple locations and various site conditions on each project, it is possible that some items may experience quantity overruns. The Anser team will closely monitor each item of work and look for trends early in the operation that could raise red flags of an overrun. If that does happen, Tyson will immediately bring it up to CVAG and begin to form mitigation ideas in order to save project costs.

Tyson has had great past success managing cost overruns. While a Resident Engineer on the County of San Diego AC Overlay project, Tyson accurately forecasted that the asphalt concrete (AC) quantity was going to be severely overrun. Due to this, the design engineer was able to revise originally proposed treatment types from mill and inlay to overlay, saving on AC tonnage. Ultimately all planned roadways were completed with an AC treatment and the project finished slightly under budget.

Schedule Control (b):Minimizing impacts to the traveling public, local residents, and businesses will be critical to the success of this project. There are time sensitive notifications, submittal review times, and utility notifications that will need to be incorporated into the project specifications so that the Contractor can list these critical items into the CPM baseline schedule and tie them to a specific activity. During each monthly update review, the engineer and Contractor can look at these items to ensure the team is making the proper notifications to the utility or turning in and reviewing submittals.

We ensure that the Contractor is complying with the
requirements of the monthly schedule updates and closely monitor the critical path to avoid delays and disruptions whenever possible. Our unique approach involves analysis of the Contractor’s schedules on a weekly basis, using the information from our inspectors’ daily reports, meeting minutes, submittal logs and other project records. This schedule analysis approach 52 CLICK HERE to Return to Agenda

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is extremely proactive and provides CVAG with notice of any potential delays. We believe the project schedule is a critical tool for managing project completion, when fully integrated into the project’s requirements. Our experience indicates that a proactive scheduling approach with clear specifications and effective administration is a proven method to reduce risk and liability on the successful completion of the project for both CVAG and the Contractor. The construction management team enforces the scheduling requirements in the Contract provisions, which are key to place the project in a positive position in case of claims.

Our team is versed in Primavera P6, Phoenix, Expedition, Claim Digger, MS Project and other programs. We have experience dealing with various schedule types, and specific analytical approaches, including CPM, fragnets, move in schedules and contemporaneous period analysis as an effective method of characterizing and quantifying delays.

Our unique approach involves analysis
of the Contractor’s schedules on a
weekly basis, using the information
from our inspectors’ daily reports,
meeting minutes, submittal logs,
Weekly Statement of Working Days,
and other project records. This schedule analysis approach is extremely proactive and provides CVAG with notice of any potential delays. We believe the project schedule is a critical tool for managing project completion, when fully integrated into the project’s requirements. Our experience indicates that a proactive scheduling approach with clear specifications and effective administration is a proven method to reduce risk and liability on the successful completion of the project for both CVAG and the Contractor. We have experience dealing with various schedule types, and specific analytical approaches, including CPM, fragnets, move in schedules and contemporaneous
period analysis as an effective method of characterizing and quantifying delays.

CM Staffing Plan (c): During the Baseline review, our Resident Engineer, Tyson Atwood will sit down with our Project Manager, Lucas Rathe and CVAG to discuss potential staffing needs. We will identify key activities in which part-time personnel will be required. We will also analyze the anticipate location of each overlapping activity to ensure that we have adequate resources to ensure Quality Assurance of the project. Anser field personnel are well cross trained and can many times fulfill multiple project roles. We will look for opportunities to utilize staff in this manner, reducing the total number of hours required on the project. Our proposed resource plan will be shared with CVAG for additional input and approval. Should major changes be made to the project schedule, Tyson will again work with Luke to ensure that we have the proper amount of resources on the project.

Contract Change Order and Claims (7)
Change Orders (a-d): Whether it be an unknown utility, design omission, or Owner requested design modification; change is an inevitable part of construction. Anser will advise CVAG of all situations when a contract change order should be submitted to the contractor. Proper backup documentation, emails, approvals, relevant photographs, and reports are always kept in the project file to support the terms of the Change Order. Anser’s primary mechanism for change management will be a negotiate lump sum agreement. For these agreements an independent cost estimate (ICE) will be provided with each change order. If the scope cannot be clearly defined, or if Tyson cannot agree to a cost with the Contractor, then a Force Account Contract Change Order (CCO) will be issued. Tentative agreements will be issued daily by our inspector to the contractor for all work which is being tracked under force account, for any work which may later be disputed. Anser will write the change order, accompanying memorandum, and package all backup necessary prior to
submitting to CVAG for final approval.

Claims (e): Anser believes and practices proactive communication and proactive management which promotes collaboration on the job and will make every attempt to resolve issues before they become disputes. However, we will vigorously defend the interests of CVAG and explicitly enforce the contract documents.

Our Team employs claims experts with a proven track record with Caltrans and other public agencies on projects of all sizes.

The Anser Team brings valuable “lessons-learned” and asneeded advice on resolving and mitigating potential contractor claims. The core of the Anser Team Risk Management strategy is to ensure assembling a well-defined bid document. We will monitor all site records of events, labor, materials and equipment for potential claims or delay issues. This contemporaneous data will be essential when analyzing a contractor’s claim and crucial to refute parts of it. Our team will assemble complete “issue binders” of every issue that will contain all relevant RFI’s, change orders, correspondence, pictures, inspector’s dailies, cost analysis and schedule analysis. These documents will be electronically linked in our document control system for easy retrieval by CVAG staff for review. Our objective will be to minimize misunderstandings by providing clear and concise analysis of all the major issues on the project.
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Safety (8, a-d)
Safety is Anser’s number one priority. This
includes the safety of the travelling
public, the contractor, and our team.

We adopt a zero-tolerance culture for
preventable accidents to ensure that
every team member and public drivers
go home at the end of the day. Every member of our construction team has an obligation to never walk by an unsafe act. We will require the contractor to submit an Injury and Illness Protection Plan (IIPP) for all their operations for the project and make sure the contractor is held accountable for enforcing their plan. If we see something that goes against the Contractor’s plan, we will shut down the operation and call a meeting to make sure safety is the number one goal of the project. Safety is the responsibility of everyone on the team and, at minimum, we will perform document weekly and monthly safety checks which will be sent to our contractor and filed as part of our construction files.

For the Art and Music Line project a few of the high priority safety items the Anser team will look out for are machinery working in close proximity to each other; traffic control; fatigue due to hot weather conditions, and slips, trips, and falls.

Additionally, there will be added safety requirements when working in the La Quinta Evacuation channel. This includes fall protection, both during and after the CIP retaining wall construction, carbon monoxide monitoring for equipment uses underneath the bridges, and low objects as we will be in close proximity to the existing bridge decks and hanging utilities.

Finally, it’s likely that we will need to remove some hazardous materials/waste as a result of the existing homeless
encampments. The Anser team has experience with this on the CV Link project and will ensure that there is a bid item allowance for such cleanup at the time of bid to ensure the safety of our workers.

Project Closeout (9, a-h)
Anser believes that punch list items should begin well before the near completion of a project. Following this logic, Anser has established an innovated way to streamline this process utilizing an interactive, “live” and always up-to-date punch list.

This web-based punch list (using a cloud-based software such as Microsoft SharePoint; please reference the bottom left example) can be viewed by anyone at any time and is always current. Anser has even developed an app for easy data entry.

The benefit is that the CM, contactor, and other agencies can have certain permissions to view, update and status the log. The CM inputs items on the log which the contractor can view, correct the items, and update the log once the item is complete. The CM will receive notification that punch list items are completed and can verify completeness in the field and update the list. This log can be accessed and modified in the field using a smart phone or other mobile device. This streamlined process eliminates the needs for meetings, reduces the number of transmittals to/from the contractor and increases efficiency of the project team.

Anser has had a lot of success using this feature on the Segment 1 CV Link project. The punch list has evolved into a project completion list with several different ways to filter the data that make management of long, linear project much more feasible. We would implement a similar system which would be tailored for the features of the AML project.

As discussed early, throughout the duration of the project, our Resident Engineer will keep an electronic set of “as-built” plans utilizing the Bluebeam software previously described. In utilizing the Bluebeam software, this ensures that A) our Field Inspector always has the latest information, and B) as-built packages are complete and ready to send to the design engineer for review at the click of a button.

Tyson will complete both a proposed and final payment to the contractor. He will assist CVAG with filing of all required closeout documentation, including the “Notice of Completion.” He will supply CVAG and applicable stakeholders with a separate package containing all manuals, warranties, and other such guarantee’s as they relate to the individual project. As part of the final deliverable of all project files, a final project report, which will include lessons learned, will be reviewed with CVAG. Anser will complete all project closeout activities in accordance with Caltrans LAPM requirements.

Anser has provided the following Responsibilities Matrix on the subsequent page.

SharePoint example - Project Closeout
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COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
Professional Engineering Services, Arts and Music Line Project 26 | Anser Advisory CVAG Resident Engineer Assistant Resident Engineer Office Engineer/ Document Control Structures Representiave Lead Inspector Field Inspector Utility Coordinator Labor Compliance Scheduler / Claims Environmental Survey Materials Testing Randy
Bowman
Tyson
Atwood
Brandon
McKay
Amelia
Fitchett
Scott
Walker
Kenny
Casados Var. Melanie Lopez
Chia-Chi
Wang
Shawn
Paroline LSA MBI Earth Systems
RE Weekly Report C P S S
Weekly Progress Report R A R S P
Monthly Report R A P S
Labor Compliance/EEO Review C A R S P
DBE Compliance Review C A P S S S
QC Testing Review C A P S R
QA Testing Review C A P S R
Progress Pay Estimate C A P S S S
Weekly Statement of Working Days C A R P
Change Orders A A P S S S
Request for Information (RFI) Review C A P S S
Submittal Review C C P S S S
LAPM Document Control C A R P R
Construction Staking Request C C A S R P
Material Testing Coordination C C P S S S R
Utility Procurement C C S S P
Bi-Weekly Safety Meeting C A P S S S S S S S S S S
Schedule Review C A S S P
SWPPP Monthly Check List C A R P
Field Daily Report C A R S R P P
Construction Staking/Cut Sheets C A R S S P
Safety Review/Reporting C A R S P S
SWPPP Field Review C A R S P S
Labor Compliance Interview C A R S P S R R
Environmental Compliance C A R S P
Punchlist & Completion List C A R S P S
Non-Conformance Report C A P S S S S
QA Material Testing C C R S S S S P
Field
P = Primary Responsibility
S = Support Role
R = Review
A = Approve
C = Consult if Necessary Office
Arts & Music Line
Responsibility Matrix
Responsibility Matrix
The following includes a detailed breakdown of key responsibilkities by personnel. 55 CLICK HERE to Return to Agenda

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METHODS FOR QUALITY, BUDGET AND

SCHEDULE CONTROL
Anser prides itself in successfully delivering projects with the highest quality of work product while meeting our clients’ needs and expectations. Our quality procedures encompass all aspects of our performance. We implement project management
procedures to assure accountability of the team using the project control methods described below to keep this project on schedule and within the authorized budget. Additionally, we have quarterly internal audits that vet the completeness of daily reports and confirm that only relevant and contractual information is recorded.

Project Management Plan for Successful Delivery
In accordance with Anser standard procedures, Lucas Rathe, PE, our Project Manager, develops and issues a Project Management Plan (PMP). The PMP details our management and technical plan for successfully delivering your project, including quality procedures, and details the following subjects:

Project Overview. Describes the overall project, your project goals, your expectations of Anser, and our scope of work.

Organization/Roles and Responsibilities. Provides for a clear chain of command, confirms the role and decision-making authority for team members. This can also be used as our communication plan.

Deliverables/Schedule. Ties deliverables to the schedule, details deliverable requirements and standards, and includes a copy of the contractor’s detailed schedule once it is issued.

Document Control Procedures. Details how we will manage hard copy and electronic files and provides a quick reference sheet for the filing system.

Inspection and Sampling/Testing Procedures. Provides a quick reference sheet for inspection protocols with references to standards, forms, and requirements.

Standard Forms. Provides easy access to all forms we will use on this project. All forms will be in accordance to the Caltrans Manual.

The PMP is issued to every project team member, including CVAG, and we ask team members to review and sign it to confirm that they have read and understand our approach to delivering the project. The PMP is regularly updated to reflect the current status of the project and any changes that have occurred, such as changes in standard forms. Using the PMP we align the entire team around your goals, objectives, standards, and requirements. This approach enables us to achieve consistent and predictable results the first time and helps us avoid costly and time-consuming rework.

In addition to planning for quality, we regularly verify that we are following the plan and meeting your expectations. Verifying compliance is the responsibility of our Resident Engineer, Tyson Atwood, who performs periodic quality assurance audits to confirm that procedures we comply with all project standards and procedures, including:

Following the audits, improvement notifications are issued for any deficiencies and Luke will follow up with the CVAG PM to confirm that appropriate corrective action is taken. To meet or exceed your expectations, Luke will meet with CVAG every six months to perform an evaluation of our team where we ask you about our performance. Following this discussion, Luke will meet with Tyson to provide feedback and help the team adjust how we perform our work so that we provide you greater satisfaction with our services. The end result of our approach is continuous performance improvement over the duration of the contract.

In addition, the Anser team will work closely with CVAG to verify and monitor contractor’s adherence to the contract Special Provisions, Plans, Standard Plans and Caltrans Manuals as it pertains to Quality Assurance (QA.) QA testing and inspections will take place to ensure the accuracy and compliance of the work. QA sampling and testing will be in accordance with Caltrans Test Methods (CTMs) per the frequencies dictated in the Caltrans Construction Manual, Testing Frequency Tables.

Test that are not covered by CTM will be covered by American Society for Testing and Materials (ASTM) International. A Caltrans certified laboratory shall always be utilized to perform soils and material service testing to validate contractor’s test results. The Anser team will ensure that all test machines are calibrated annually or more frequently using devices of accuracy traceable to the National Bureau of Standards. Batch plant and source inspections shall take place by individuals that are certified for this type of sampling.
» Field Safety
» Office Procedures
» Submittal tracking and review
» Timely schedule review and monthly updates
» Project file organization
» Timely daily reports
» Timely RFI review and response
» Timely response to claims notices
» Accurate monthly progress payments with support documents » Timely meeting minutes
» Material testing requirements and resolution of disputed test results
» Documentation for project permits
» Timely contract change orders and independent estimates review
» Current As-built status
» Timely issuance of Relief of Maintenance
56 CLICK HERE to Return to Agenda

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
Professional Engineering Services, Arts and Music Line Project 28 | Anser Advisory SECTION 4 (CONTINUED)
Anser will keep daily reports and logs to track the stages of the work, progress, and any required Quality assurance testing. The logs will track test performed and their results, samples taken, and any test or samples taken by the construction management team will assure current status of certifications, non-compliance reports (NCRs), submittals, and any other aspect of quality assurance and inspection that should be tracked for compliance and proper record keeping.

Document Control
The Anser team, led by Tyson Atwood, will
establish, manage and coordinate a document
control system to manage and store all projectrelated information for the Project. We are well versed with the Caltrans uniform filing system and intend to use the same system both electronically and hard copy.

A unique tracking number system will be implemented to provide control of all documents, records, reviews, and writings, and to provide for expediting the transmittal of all construction documents. This tracking system will account for all letters, memos, submittals, shop drawings, change orders, Requests for Information, Request for Qualifications, notice of potential claims, suspended correspondence, and all other pertinent sources of information. Tyson will also establish and maintain an issue tracking system. Both tracking systems will use a unique numbering system to ensure document control. The system will contain all issues requiring the attention of all stakeholders. All meeting minutes will be recorded sequentially to ensure that all actions items are tracked and completed in a timely manner to avoid potential project delays.

We will utilize an electronic system to allow complete storage of all project documents electronically in addition to customary storage of hardcopy documents in accordance to the Caltrans uniform filing system. Upon completion of each project, all hardcopy and electronic documents will be transmitted to CVAG.

Cost Control
We understand the importance of delivering projects within budget.

We have a history of completing construction projects on time and within budget. Value engineering is an excellent method to reduce the project costs.

We constantly look for means and methods to reduce the
project cost while being thoughtful to not create impacts to the public or the cities. Our team is experienced in identifying and quantifying items to enhance the quality of the project while reducing lifecycle costs. Through partnering, the contractor is encouraged to also find ways and means that benefit both the contractor and CVAG, providing a win–win situation. Using experience, the CPM schedule and a five-week look-ahead schedule, we are proactive in “looking ahead” of the contractor’s operations to identify issues that may impact costs, and we make every effort to provide solutions and present them to CVAG. If an extra cost item cannot be completely eliminated, we evaluate the contractor’s change order requests to ascertain validity, merit and appropriate costs based on an independent cost estimate. Contractor monthly pay estimates are reviewed for content and financial accuracy and are certified.

Schedule Control
As discussed in the Cost and Document Control section,
our team will review and provide comments to the baseline schedule submitted by the contractor. The team will review and monitor progress on a weekly basis by walking the site and recording actual status and developments. All inspectors will be required to note down the accuracy of the milestones, start and completion dates indicated in the approved baseline schedule.

Anser will review the monthly updates in a timely manner. These updates are critical not only to establish exactly how the project is being built, but also to flag emerging issues and trends. Trend reporting will be used to track the changes in float for all areas of the project, flagging those areas where the available float is indicates lack of progress or exceeding planned progress and to further identify the specific factors that caused the occurrence of the change. This method ensures that problem areas are not overlooked by all stakeholders and are identified prior to the activity becoming critical. The report also provides the explanation of the root causes for a delay in the project and makes it an important defense for future claims.

Any proposed change resulting in altering the critical path or near critical path or extending the schedule completion date that was originally identified in the approved baseline, the contractor will be required to submit a revised schedule and a time impact analysis (TIA) immediately in accordance to the special provisions. Anser will immediately analyze the TIA after an event occurs, and, if possible, prior to the start of the additional work. We will ensure that the review of the TIA is completed prior to the start of the additional work in order to recommend the issuance of the change order to increase the contract duration and price, prior to performing the additional work. We will analyze the effects of events and added work in a timely manner.
57 CLICK HERE to Return to Agenda

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
Professional Engineering Services, Arts and Music Line Project 29 | Anser Advisory

PROPOSED ENHANCEMENTS,

PROCEDURAL OR TECHNICAL

INNOVATIONS (V)
Approach to Civil Integrated Management
Anser effectively leverages tools available today, including bringing our projects successfully into the future by
implementing Civil Integrated Management (CIM). CIM is
the technology-enabled collection, organization, managed accessibility, and the use of accurate data and information throughout the lifecycle of a project. Our aspirations are to make incremental improvements to functions in workflow and enable full digital workflows from project inception to project delivery.

Our team is encouraged to always find cost and time savings on all projects and CIM is proving to be a true value add to our clients that brings those benefits. We have and continue to work with different technologies that best fit our projects and have identified OpenSpace technology and C-MIS project management software technology to be two tools that we
believe can bring value to this project.

Openspace.Ai
OpenSpace is a document control that captures 360 degree images which are then stitched to site plans allowing users to locate exact locations on the plans via the site plan and giving you split screen images of current days activities and any other past day activities in the same exact area. This tool has been proven invaluable in pre-construction services, claims avoidance or dispute resolution and being a historical record, which provides information for as-built designs in the future if needed. Anser is currently using the software on a number of projects including:

CV Link with CVAG, the Landis and Georgia-Meade bikeways project, and the Bayshore Bikeway Barrio Logan project, both administered by SANDAG.

By utilizing this software, Anser was successfully able to defend SANDAG who was named as part of a larger accident within the City of San Diego. The claim was made that the George-Meade project had left uneven sidewalk elevations after the project. Through the use of OpenSpace, we were quickly able to go to the exact spot of the claim, pull our pre-construction records, and prove that the uneven sidewalk was an existing conditions within the City right-of-way and that SANDAG was not responsible for any of the damages.

CMIS
CMIS is an online project
management software
that manages all basic
construction management
services, such as RFIs,
Submittals, Change Orders,
and Progress Payments. In
addition, all inspector daily
diaries are entered through
the online system in the field.

The major advantage is in
searchability of information
which is accessed remotely and immediately. For inspectors this means more field time inspection and less time in the office doing administrative work. This information is accessed by all authorized staff which allows expeditious flow of information thereby expediting responses to questions RFIs and any other question that may impede real time delays to construction.

With this software, data can be mined in minutes instead of days, making it much more cost feasible to fight frivolous claims. In addition to using the software for the CVAG CV Link program, Anser is currently utilizing this software for a number of other clients including the County of San Diego and the San Bernardino County Transportation Authority.

Our commitment to our clients is always being proactive in seeking solutions that bring our clients value in assuring project delivery success.

SCHEDULE AND DEADLINES (VI)
As demonstrated throughout various section of this proposal, the Anser team is ready to hit the ground running once we receive our NTP. There is much work to be done so that the project can be advertised in January of 2025 so that construction can begin in Q2 2025. We will immediately begin our constructibility review of the design drawings and provide comments back to the designer. In parallel with our constructibility review, we will also begin our cost estimating services to ensure that costs are lining up with the engineer’s estimate. Because there are federal funds on the project, prior to advertisement, a complete package will need to be submitted to Caltrans for review prior to receiving our E76 for construction. Typically this review takes a minimum of 8-weeks, so this package must be submitted by October 2024 to meet the current project schedule.

Below, we have detailed out a preliminary schedule for both pre-construction and construction services. Once additional information is known, this schedule can easily be manipulated and refined for use as we move forward with the project. 58 CLICK HERE to Return to Agenda
30 | Anser Advisory

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
Professional Engineering Services, Arts and Music Line Project Schedule
ID Task
Mode
Task Name Duration Start Finish Predecessors Total Slack 0 Arts and Music 910 days Mon 1/1/24Fri 6/25/27 0 days
1 1 Pre-Construction 325 days Mon 1/1/24 Fri 3/28/25 0 days 2 1.1 1st Round Construcability Review 40 days Mon 1/1/24 Fri 2/23/24 0 days 3 1.2 Designer Finalize 100% Drawing Package 60 days Mon 2/26/24Fri 5/17/24 2 0 days 4 1.3 Cost Estimating 25 days Mon 2/26/24Fri 3/29/24 2 115 days 5 1.4 ROW Permits (City/CVWD/Tribes) 130 days Mon 1/1/24 Fri 6/28/24 10 days 6 1.5 Caltrans ROW Certification 40 days Mon 7/1/24 Fri 8/23/24 5 10 days 7 1.6 100% Drawing Package Review 20 days Mon 5/20/24Fri 6/14/24 3 0 days 8 1.7 Prepare Final Bid Documents 60 days Mon 6/17/24Fri 9/6/24 7 0 days 9 1.8 Caltrans E76 Construction Review 45 days Mon 9/9/24 Fri 11/8/24 8,6,4 0 days 10 1.9 Advertise/Bid/Award 100 days Mon 11/11/24Fri 3/28/25 9 0 days 11 2 Construction 525 days Mon 3/31/25Fri 4/2/27 0 days 12 2.1 Construction Submittals 45 days Mon 3/31/25Fri 5/30/25 10 0 days 13 2.2 A48 Washington to Jefferson 80 days Mon 6/2/25 Fri 9/19/25 0 days 14 2.2.1 Demo 10 days Mon 6/2/25 Fri 6/13/25 12 0 days
15 2.2.2 Bikeway and Corner Improvements 40 days Mon 6/16/25Fri 8/8/25 14 0 days 16 2.2.3 Dune Palms Intersection 15 days Mon 8/11/25Fri 8/29/25 15 0 days 17 2.2.4 Grind and Overlay 5 days Mon 9/1/25 Fri 9/5/25 16 0 days 18 2.2.5 Sign and Stripe 10 days Mon 9/8/25 Fri 9/19/25 17 0 days 19 2.3 A48 Jefferson to Monroe 90 days Mon 9/22/25Fri 1/23/26 0 days 20 2.3.1 Demo 10 days Mon 9/22/25Fri 10/3/25 18 0 days
21 2.3.2 Bikeway and Corner Improvements 50 days Mon 10/6/25Fri 12/12/25 20 0 days 22 2.3.3 Monroe Intersection 15 days Mon 12/15/25Fri 1/2/26 21 0 days 23 2.3.4 Grind and Overlay 5 days Mon 1/5/26 Fri 1/9/26 22 0 days 24 2.3.5 Sign and Stripe 10 days Mon 1/12/26Fri 1/23/26 23 0 days 25 2.4 A48 Monroe to Dillon 90 days Mon 1/26/26Fri 5/29/26 0 days 26 2.4.1 Demo 15 days Mon 1/26/26Fri 2/13/26 24 0 days
27 2.4.2 Bikeway and Corner Improvements 60 days Mon 2/16/26Fri 5/8/26 26 0 days 28 2.4.3 Grind and Overlay 5 days Mon 5/11/26Fri 5/15/26 27 0 days 29 2.4.4 Sign and Stripe 10 days Mon 5/18/26Fri 5/29/26 28 0 days 30 2.5 Evacuation Channel 215 days Mon 9/22/25Fri 7/17/26 160 days 31 2.5.1 Sta 10+59 to 43+00 40 days Mon 9/22/25Fri 11/14/25 160 days 32 2.5.1.1 Civil Work 20 days Mon 9/22/25Fri 10/17/25 18 160 days 33 2.5.1.2 Place Bike Path 15 days Mon 10/20/25Fri 11/7/25 32 160 days 34 2.5.1.3 Sign and Stripe 5 days Mon 11/10/25Fri 11/14/25 33 160 days 35 2.5.2 Sta 49+00 to 62+09 40 days Mon 11/17/25Fri 1/9/26 160 days 36 2.5.2.1 Civil Work 20 days Mon 11/17/25Fri 12/12/25 34 160 days 37 2.5.2.2 Place Bike Path 15 days Mon 12/15/25Fri 1/2/26 36 320 days 38 2.5.2.3 Sign and Stripe 5 days Mon 1/5/26 Fri 1/9/26 37 320 days 39 2.5.3 Sta 43+00 to 49+00 155 days Mon 12/15/25Fri 7/17/26 160 days 40 2.5.3.1 Civil Work 20 days Mon 12/15/25Fri 1/9/26 18,36 160 days 41 2.5.3.2 Tie-Back Wall 20 days Mon 1/12/26Fri 2/6/26 40 160 days 42 2.5.3.3 Excavate for Retaining Wall 5 days Mon 2/9/26 Fri 2/13/26 41 160 days 43 2.5.3.4 Retaining Wall 45 days Mon 2/16/26Fri 4/17/26 42 160 days 44 2.5.3.5 Cure Retaining Wall 20 days Mon 4/20/26Fri 5/15/26 43 160 days 45 2.5.3.6 Backfill Retaining Wall 20 days Mon 5/18/26Fri 6/12/26 44 160 days 46 2.5.3.7 Subgrade Preparation 10 days Mon 6/15/26Fri 6/26/26 45 160 days 47 2.5.3.8 Place Bike Path 10 days Mon 6/29/26Fri 7/10/26 46 160 days 48 2.5.3.9 Sign and Stripe 5 days Mon 7/13/26Fri 7/17/26 47 160 days 49 2.6 Hjorth and A49 55 days Mon 6/1/26 Fri 8/14/26 0 days 50 2.6.1 Demo 10 days Mon 6/1/26 Fri 6/12/26 29 0 days
51 2.6.2 Bikeway and Corner Improvements 30 days Mon 6/15/26Fri 7/24/26 50 0 days 52 2.6.3 Grind and Overlay 5 days Mon 7/27/26Fri 7/31/26 51 0 days 53 2.6.4 Sign and Stripe 10 days Mon 8/3/26 Fri 8/14/26 52 0 days 54 2.7 Van Buren 70 days Mon 8/17/26Fri 11/20/26 0 days 55 2.7.1 Demo 10 days Mon 8/17/26Fri 8/28/26 53 0 days
56 2.7.2 Bikeway and Corner Improvements 30 days Mon 8/31/26Fri 10/9/26 55 0 days 57 2.7.3 Van Buren Intersection 15 days Mon 10/12/26Fri 10/30/26 56 0 days 58 2.7.4 Grind and Overlay 5 days Mon 11/2/26Fri 11/6/26 57 0 days 59 2.7.5 Sign and Stripe 10 days Mon 11/9/26Fri 11/20/26 58 0 days 60 2.8 Dillon 70 days Mon 11/23/26Fri 2/26/27 0 days
61 2.8.1 Demo 10 days Mon 11/23/26Fri 12/4/26 59 0 days 62 2.8.2 Bikeway and Corner Improvements 30 days Mon 12/7/26Fri 1/15/27 61 0 days 63 2.8.3 Dillon Intersection 15 days Mon 1/18/27Fri 2/5/27 62 0 days 64 2.8.4 Grind and Overlay 5 days Mon 2/8/27 Fri 2/12/27 63 0 days 65 2.8.5 Sign and Stripe 10 days Mon 2/15/27Fri 2/26/27 64 0 days 66 2.9 Punch List 25 days Mon 3/1/27 Fri 4/2/27 65,48 0 days 67 3 Post Construction 60 days Mon 4/5/27 Fri 6/25/27 0 days 68 3.1 Project Cloeout 60 days Mon 4/5/27 Fri 6/25/27 11 0 days Arts and Music
Pre-Construction
1st Round Construcability Review
Designer Finalize 100% Drawing Package
Cost Estimating
ROW Permits (City/CVWD/Tribes)
Caltrans ROW Certification
100% Drawing Package Review
Prepare Final Bid Documents
Caltrans E76 Construction Review
Advertise/Bid/Award
Construction
Construction Submittals
A48 Washington to Jefferson
Demo
Bikeway and Corner Improvements
Dune Palms Intersection
Grind and Overlay
Sign and Stripe
A48 Jefferson to Monroe
Demo
Bikeway and Corner Improvements
Monroe Intersection
Grind and Overlay
Sign and Stripe
A48 Monroe to Dillon
Demo
Bikeway and Corner Improvements
Grind and Overlay
Sign and Stripe
Evacuation Channel
Sta 10+59 to 43+00
Civil Work
Place Bike Path
Sign and Stripe
Sta 49+00 to 62+09
Civil Work
Place Bike Path
Sign and Stripe
Sta 43+00 to 49+00
Civil Work
Tie-Back Wall
Excavate for Retaining Wall
Retaining Wall
Cure Retaining Wall
Backfill Retaining Wall
Subgrade Preparation
Place Bike Path
Sign and Stripe
Hjorth and A49
Demo
Bikeway and Corner Improvements
Grind and Overlay
Sign and Stripe
Van Buren
Demo
Bikeway and Corner Improvements
Van Buren Intersection
Grind and Overlay
Sign and Stripe
Dillon
Demo
Bikeway and Corner Improvements
Dillon Intersection
Grind and Overlay
Sign and Stripe
Punch List
Post Construction
Project Cloeout

D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M Half 1, 2024 Half 2, 2024 Half 1, 2025 Half 2, 2025 Half 1, 2026 Half 2, 2026 Half 1, 2027 Half 2, 2027 Half 1, 2028 Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Critical
Critical Split
Progress
Manual Progress

Project: Arts and Music
Date: Tue 8/22/23
59 CLICK HERE to Return to Agenda

AML SUMMARY OF COSTS
Company
Pre-Construction &
Bid Services
Anser Advisory $314,170.00
Labor $299,170.00
ODC's $15,000.00
Escalation
Danken $23,061.60
Labor $23,061.60
ODC's
Escalation
Michael Baker International $11,400.00
Labor $11,400.00
ODC's
Escalation
Burke Rix $32,440.00
Labor $25,240.00
ODC's $7,200.00
Escalation
Dynamic Engineering Services, Inc. $1,482.40
Labor $1,482.40
ODC's
Escalation
LSA Environmental $9,540.00
Labor $9,540.00
ODC's
Escalation
Earth Systems $0.00
Labor $0.00
ODC's
Escalation
Magana Consulting $24,850.00
Labor $24,850.00
ODC's
Escalation
MLA Consulting Services, Inc. $7,500.00
Labor $7,500.00
ODC's
Escalation
TOTALS: $424,444.00
Contigency (20%): $84,888.80
Total: $509,332.80
60 CLICK HERE to Return to Agenda
Contract No. CVAG-20-018-03
Project: ATP – Arts and Music Line
Attachment A-2
T.Y. Lin International
Technical and Fee Proposal
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Arts and Music Line Construction Management Services
performed on both sides of Avenue 48 for about
2 miles and a single side for about 3.5 miles. It will impact intersections, access to shopping, as well as restrict traffic with construction activity and extended lane closures.

Work along Hjorth Road and Van Buren Street is similar, though these roads are not as busy as Avenue 48. Dillon Road will be reduced from four lanes to two lanes to
accommodate the added bike lane and will likely be the
least impactful construction location for the project. Work along the La Quinta Channel includes a significant amount of import material and retaining wall construction prior to constructing the bike path base and surface.

A dedicated, focused, and proactive CM team will
be needed to smooth the way for the contractor to
successfully construct this project. The project success will be largely defined by the timely completion of a
quality product and public’s perception of the progress and productivity seen during every week of construction.

PROJECT UNDERSTANDING
The Arts and Music Line (AML) is a multi-benefit project that will make public safety enhancements for pedestrians and bicyclists, encourage modes of alternative transportation, and create connectivity to local and regional bike and
pedestrian infrastructure. When completed, the 10 miles of protected Class I and Class IV bicycle facilities will connect services, and amenities in the area and add to the CV
Link’s 40-plus mile alternative transportation corridor.

The alignment follows Avenue 48 and Dillon Road through the Cities of La Quinta, Indio, and Coachella. These are busy thoroughfares with vehicle speeds in excess of 50
miles per hour. The much-needed project will create safer routes to schools, promote outdoor recreation, while
improving health and reducing greenhouse gas emissions.

The AML will upgrade the current Class II bike lanes along Avenue 48 to a fully protected Class IV bike lane; construct new Class IV lanes along Hjorth Street, Van Buren Avenue, and Dillon Road; and construct a Class I bike lane along the La Quinta Evacuation Channel, connecting to the
CV Link at the Whitewater River. The AML will provide a safe backbone that connects existing Class II bike lanes to provide safe and efficient alternative transportation options to schools, residences, shopping, entertainment, and employment centers. In addition to the transportation benefits, the AML offers architectural features that
draw attention and interest while promoting safety. The completed network will be recognized as a nationwide
model of alternative transportation.

The work along Avenue 48 involves removing the existing bike lane along Avenue 48, constructing the concrete
separation, replacing the road pavement, placing the new bike lane behind the separation, and completing a full
width grind and overlay along Avenue 48. This work is
Work Plan
Figure 1. Rendering courtesy of CVAG website
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Arts and Music Line Construction Management Services
changes to accommodate public traffic, or extreme weather conditions. Each of these situations can be anticipated and a plan can be formulated to specifically mitigate the impact.

Mr. Smith, Mr. Nowak, and the team have demonstrated
problem solving skills on these and other similar project impacts throughout their careers.

The TYLin Team has a proven track record of proactive
leadership, foreseeing and addressing potential challenges to allow the contractor to continue their work without delay.

Typical delays may include unresolved utility conflicts, right-of-way encroachments, inaccuracies in the project plans, alignment issues, unanticipated delays caused by

APPROACH TO COMPLETING THE WORK

PROJECT MANAGEMENT
Strong and proactive project management is needed to
efficiently execute the required scope of services and
successfully construct this project within budget, schedule, and minimal impact to the public. Project Manager, Joseph Smith, PE, has a demonstrated record of meeting and
overcoming the issues that will be encountered on this
project. Mr. Smith is an experienced construction manager and can quickly understand project issues. He also has
personally selected the members of this team, both TYLin staff and sub-consultant support, to meet the specific
challenges that may be encountered throughout the project duration.

As Project Manager, Mr. Smith will have ultimate control over the TYLin Team budget. He will also have oversight over Resident Engineer, Thomas Nowak, as he monitors
and manages the construction schedule and construction
budget. In our experience, cost and schedule control
must be exercised every day and be regularly evaluated
to assure the final costs are within the budget and
the schedule is acceptable once all the unforeseen
contingencies are considered. TYLin has maintained
our reputation for smooth and efficient project delivery throughout Southern California for 50 years by developing, deploying, and adapting project control tools to monitor budget, schedule, and documents. Each of these is
discussed below:

Budget Monitoring & Control | To manage the budget of a given project, TYLin’s engineers and project controls staff use data from TYLin’s internal accounting system, Deltek Vision, to evaluate progress. The information is updated monthly for the overall scope of services.

Schedule Monitoring & Control | On contractor driven projects, TYLin uses scheduling tools, including Microsoft Project and Primavera P6, for Critical Path Method (CPM) scheduling of the work.

The schedule is used to monitor progress throughout the project and is updated monthly or more frequently as needed. Various metrics are analyzed to track schedule performance.

Document Control | TYLin implements a uniform filing system for all documents associated with each task order, including prime agreement; amendments; subconsultant contracts; prevailing wage documents; timesheets and receipts for ODCs.
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Arts and Music Line Construction Management Services
Mr. Smith served as Resident Engineer on the Madison
Street Canal Improvement project in the City of Indio,
responsible for overseeing the construction of a large
double-box channel, extension of the canal to the south, temporary relocation of the existing channel utilizing
temporary bridges and allowing for upgrades to many of
CVWD’s existing utilities.

As Project Manager for the I-10/Jefferson Street
Interchange (Figure 2), Mr. Smith presented to the
leadership team of Golden Voice, the promoter that
spearheads the Coachella and Stagecoach music festivals, multiple times over three years to update the group on the changes to traffic patterns within the interchange and to obtain feedback on how the CM team could help improve
movement of concertgoers through the interchange over
the multiple weekends that are so vital to the economy of the Valley.

Through these many projects TYLin has gained experience with the many stakeholders of the AML and will point this experience towards establishing the best bid set possible and constructing the high-quality transportation link the residents of La Quinta, Indio, and Coachella envision.

Managing the contractor’s schedule is directly related to managing our level of staffing and the resulting budget.

Mr. Smith and Mr. Nowak will work together to provide an efficient and effect level of staffing to meet the project needs.

Mr. Smith will remain in regular and close contact with Mr. Nowak to provide supervision, consultation, and
staffing support to assure that the TYLin work plan is
effectively implemented to the satisfaction of CVAG and involved cities. Mr. Smith has worked closely with the
Cities of La Quinta, Coachella, and Indio, as well as RCTD, and has a proven reputation of partnering with client
agencies to overcome project challenges and deliver
successful projects. With Mr. Smith’s oversight, Mr. Nowak will provide the level of staff needed to effectively manage the contractor’s activities.

Serving as the prime CM firm on more than a dozen
projects within Coachella Valley, TYLin has gained
experience working closely with IID electrical transmission and distribution divisions; CVWD sewer, irrigation,
and potable water departments; and personnel that
monitor the CVSC. We have gained experience working
in challenging hot-weather and windy conditions, and
understand some materials in the region may not be
suitable for structure foundations or bike and roadway
construction and know when suitable material must be
imported.

Mr. Nowak is currently serving as the Resident Engineer and Structure Representative on the Dune Palms Road
Bridge project. To allow construction of the bridge within the alignment of the existing roadway, the project utilizes a temporary roadway shoo-fly and temporarily relocates IID distribution to the south within the CVSC. Additionally, Mr. Nowak is overseeing relocation of both water and
sewer services at each end of the project, as well as
relocation of existing dry utilities in the project footprint.

Figure 2. I-10/Jefferson Street Interchange
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Arts and Music Line Construction Management Services
contractor problems and solutions. Mr. Nowak and
Mr. Durant are intimately familiar with Caltrans standards and specifications and the LAPM.

Their reviews will start with a field visit to understand field conditions and include a complete review of project plans, looking for conflict in details, or the constructability of the work within the actual constraints of the site. Additionally, the plans will be reviewed for “bid-ability” to assure
the contractor can be confident that the work is clearly defined, the quantities are accurate and all accounted for, thus reducing risk and yielding a lower bid. At times, if a contractor finds an error in the plans, instead of asking for clarification, they will lower a bid, knowing a contract change order will likely be required from which they will benefit. TYLin has already flown the alignment of the project and has captured video and photos of the project footprint with a drone (Figure 3). This information is always valuable when reviewing project plans and determining whether the design intent can be implemented considering actual field conditions that may have changed during plan development.

BID ADMINISTRATION AND PRE-CONSTRUCTION ASSISTANCE
Figure 3. Drone images of AML project site.

Immediately following authorization, the TYLin Team
will begin the duties outlined as “Bid Administration
and Pre-Construction Assistance.” Primary duties
include conducting a thorough constructability review
of project plans at the 65%, 90%, and 100% level of
completion, creating a Construction Communication Plan, and reviewing all environmental permits and required
mitigations. Following advertisement, the team will assist with contractor bid administration, to assure all funding requirements are met in accordance with the Caltrans
Local Assistance Manual (LAPM) and the manual of Special Funded Projects.

Resident Engineer, Mr. Nowak and Scheduling and Claims
expert, Wade Durant, PE will lead the constructability
review effort. Both Mr. Nowak and Mr. Durant have over 30 years of road, highway, bridge, and related construction experience with a diverse range of projects. Every one
of these projects has included constructability reviews, whether a formal review prior to the start of work, or an ongoing weekly look-ahead review to anticipate potential 65 CLICK HERE to Return to Agenda

Arts and Music Line Construction Management Services
a balanced and competitive bid from all contractors. As one of the premier engineering design firms in California, TYLin has a depth of resources available for analyzing
plans and bid documents. Our CM team enjoys a symbiotic relationship with TYLin civil and structures designers, routinely exchanging ideas and seeking solutions to
challenging project issues. In addition, TYLin has a national cost estimating and risk management group within the CM sector that will be available to Mr. Nowak and Mr. Durant as they verify estimates and appropriate bid values.

TYLin has provided support to many agencies through the advertisement, pre-bid meeting, bidder questions and
addenda, bid opening, bid analysis, and recommendation
for award. The process is well defined in the Caltrans
Local Assistance Procedures Manual (LAPM) (Figure 5).

Additionally, Mr. Magaña with Magaña Consulting Services will assist the team with reviewing any specific funding requirements are implemented to assure all requirements are met prior to recommendation for award of the
construction contract.

Figure 5. TYLin and its subconsultants are all familiar with the Caltrans LAPM and processes.

Mr. Smith, Mr. Nowak, and Mr. Durant will work side-by-side with CVAG and the design engineers as questions come in during bid time. They will assist in validating questions from contractors and provide content for appropriate responses along with recommendations of where plans, specifications, and bid quantities must be revised. Time is of the essence when a project is out to bid, and our team will work as Project specifications will be reviewed to assure all project special situations or conditions are addressed and captured in bid quantities. This will provide the contractual muscle to the Resident Engineer to enforce the intentions of
CVAG and the cities. Typical issues may include allowed hours of work, accommodations for public traffic, or
advance notification requirements. Additionally, material specifications may need to be amended to account for
extreme desert weather conditions. Examples might
include concrete or hot mix asphalt (HMA) placement,
visibility of traffic cones and other control materials, limitations to sun exposure of plastic materials such as drainage pipe or wire, or application temperatures for
pavement striping.

Figure 4. Extreme heat caused thermoplastic melting. To prevent this, we will assure manufacturers provide necessary details for the application processes, including minimum and maximum temperature application, type of application method, thickness tolerances, and protection time before traffic allowed on the applied markings.

Project quantity estimate will be verified. A savvy
contractor will over-bid items that will likely over-run and under-bid items that will likely under-run. This practice is a form of unbalanced bidding and can occur on seemingly minor items such as temporary pavement striping. It is bad enough if the final quantity is twice the estimated amount, but when the contractor has increased his bid, knowing
that the quantity would over-run, the cost impacts are
significant. A confirmation of the estimated quantities will eliminate this opportunity for the contractor and assure 66 CLICK HERE to Return to Agenda

Arts and Music Line Construction Management Services
plan will inform and excite the public for the upcoming project and provide a proven framework to communicate
throughout the duration of the project. The TYLin Team
includes Connect and Company (Connect) to develop
and lead an effective outreach plan for the AML. The
plan will follow proven protocol used on the Avenue 66
Grade Separation Project in Mecca; the Herbert Hoover
Pedestrian Improvement Project with a Safe Routes for All outreach in Indio; and currently on the Dune Palms Bridge Replacement project with TYLin in La Quinta. The protocol includes:
many hours as necessary to allow CVAG to maintain timely responses to questions and the overall bid schedule.

Mr. Smith and Mr. Nowak will conduct the pre-bid meeting along with CVAG representatives and design personnel.

Exhibits will be created to clearly define the project and an agenda will be created for review and approval by CVAG
prior to issuance in the meeting invite.

PUBLIC OUTREACH
Public outreach will be a critical component of the preconstruction activities. An effective project communication We’ve found that if we do the work to know our audience and make connections up front—fostering two-way open
communication with the public—our team is able to build trust and troubleshoot small problems before they escalate.

Project Pacing
Following this tested outreach protocol, we typically
spend a large chunk of time completing the first 4 steps shown above, followed by a groundbreaking event before
construction starts. As the project moves out of the startup phase, outreach moves into “maintenance mode” and our monthly budget reduces. The team remains ready to
ramp-up outreach efforts for traffic pattern changes, large paving operations or any outreach needs that come up as the project continues. When the project nears completion, Connect will start planning a unique, interesting, and safe ribbon cutting event, coordinating with local organizations and giving back to the community when possible.

Communications Plan
Connect will draw on the team’s years of experience
working with cities, public agencies, non-profits and on transportation infrastructure projects to design a unique, measurable and appropriate communications plan for the
AML.

Develop a targeted, measurable Construction Communications Plan in coordination with the client/CVAG.

Research key stakeholders and the target audience to develop and maintain a solid working database.

Reach out and host meetings early to inform key contacts (emergency services/key stakeholders) and to establish communication, address concerns, build trust, and tap into their network.

Complete boots-on-the-ground outreach to impacted residents and businesses (door-to-door, pop-up events, community events/meetings). This may occur in phases based on the construction schedule.

Provide timely, accurate and accessible information for the duration of the project using collateral with clear and concise text and simple graphics.

Respond immediately to questions and concerns; document resolution.

Serve as both a community resource and a liaison to the construction team representing public point of view. 67 CLICK HERE to Return to Agenda

Arts and Music Line Construction Management Services

COLLATERAL
Connect’s public outreach manager and in-house graphic
designer will develop and deliver clean and clear, English and Spanish collateral materials to meet the unique needs of the AML project. The Connect team will work closely
with the CM team and CVAG staff with approval processes in place to assure collateral are accurate and meet
expectations.
» Collateral could include a fact sheet, door hangers,
post cards, construction alerts, construction cards,
signs/banners, newsletters, advertisements,
PowerPoint presentations, project boards, etc.
» We will also develop and manage a webpage on the
CVAG website to provide the most updated information.
» Our team will create unique project social media pages and create weekly social posts with video photos and
will monitor the comments to respond if necessary.
» Connect can also manage social media boosting/
advertising if agreed upon with CVAG.

ADDRESSING ENVIRONMENTAL PERMITS AND

MITIGATION REQUIREMENTS
The TYLin Team includes ECORP to lead in understanding
all environmental restrictions and concerns and enforce the required mitigation. ECORP has assisted TYLin on
numerous projects in the lower desert over the past 10
years, including I-10/Jefferson Street Interchange, City of Indio Retrofits, and Dune Palms Road Bridge.

ECORP routinely assists clients in complying with
environmental conditions stipulated in regulatory
permits and/or agreements for specific projects, plans, and programs. Their team includes senior and expert
personnel with experience with the federal Clean Water
Act, Porter-Cologne Act, federal and state ESAs, the federal Migratory Bird Treaty Act, and the California Fish and Game Code. ECORP’s project managers and technical experts
routinely meet with regulatory agency personnel on site or in meetings to negotiate, review and discuss permit
conditions and the associated schedules, monitoring, and ƒ The plan will follow our protocol and include a
groundbreaking event, collateral development
and project start up; an emergency services and
stakeholder meeting; community meetings and/or popup events; ongoing outreach as the project progresses to different locations; and ongoing coordination with
emergency services, local cities, public information
officers (PIO) and City Engineers.
ƒ Connect will also include a media relations section
to engage local media through photo opportunities,
events or tours; and an emergency communications
plan that will include protocol about notifying and
speaking with the media, working with local PIOs and
internal emergency communications protocol.
ƒ Connect recently completed a project in the City
of Indio with the County Health Safe Routes for All
program and is incorporating the program into two
additional projects currently under construction. Our
team will coordinate with CVAG and County Health
to incorporate the non-infrastructure activities and
possible media opportunities.

GRADE SEPARATION
YOU’RE INVITED
Saturday, March 12 | 11 a.m. to 1 p.m.

Ribbon Cutting ceremony starts at 11 a.m.

Performances| Light Refreshments | Fun for kids
Please park in the Mecca Boys & Girls Club parking lot at 91391 66th Ave, Mecca, CA 92254
and use the free shuttle service or walk to the event on the bridge.

Restrooms available inside the Boys and Girls Club.

For information: 877.283.0066 Ave66project.com
Join us on the new Mecca Avenue 66 bridge
for a community celebration!

GRADE SEPARATION
ESTÁS INVITADO
sábado 12 de marzo | 11 am a 1 pm
La ceremonia de corte de listón comienza a las 11 a.m.

Entretenimiento | Refrescos ligeros | Diversión para niños Por favor estacione su auto en el estacionamiento de
Mecca Boys & Girls Club en 91391 66th Ave, Mecca, CA 92254 y use el servicio de transporte gratuito o camine hasta el evento en el puente.

Baños disponibles dentro del Boys and Girls Club.

Para información: 877.283.0066 Ave66project.com
¡Acompañenos a una celebración comunitaria en
el nuevo puente de la Avenida 66 en Mecca!
Figure 6. Connect & Co has extensive experience
developing outreach materials in both English
and Spanish.
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Arts and Music Line Construction Management Services
Street. Project permits may require a 250-foot buffer
during breeding season and a 160-foot buffer during
non-breeding season (can vary depending on the
permit). CDFW coordination and concurrence to either
passively relocate the owls or negotiate a reduced
buffer may be required for work to occur in these areas adjacent to occupied owl habitat. Passive relocation
of burrowing owl typically can only occur outside of
their breeding season and requires the creation of a
Burrowing Owl Exclusion Plan for the project.
ƒ Nesting birds: Cliff swallows nest at many of the
bridges along the Whitewater River/CVSC. They
typically arrive in March and nest until the end of June/ beginning of July. There could be seasonal restrictions related to work occurring within a certain distance of
Dillon Road and Jefferson Street/La Quinta Bridges.

With other projects, it has been easier to avoid their
nesting season for those areas rather than implement
abatement measures.

Cultural
Our cultural resources team did a preliminary review and did not find any seasonal restrictions related to cultural or tribal resources other than weather which could affect the project schedule overall.

General
From ECORP’s knowledge and experience of projects in the area, the Coachella Valley Music and Arts Festival (typically in mid-April) can cause schedule delays due to traffic issues and restrictions upon limiting traffic in the area.

Each environmental permit must be closed to the
satisfaction of the issuing agency prior the completion of the project. ECORP specialists including biologists and archaeologists will review all important permits related to environmental compliance for this project and determine which requirements need to be met during project closeout. ECORP will conduct final site inspections and will provide the necessary final reports and annual reports to meet close-out conditions as required by project permits.

implementation. ECORP routinely assists with creation of a permit compliance matrix for clients.

ECORP’s compliance specialists prepare and implement
worker education programs in English and Spanish, conduct comprehensive pre-construction surveys, and monitor
during construction activities, as well as prepare the
associated survey and monitoring reports. The firm works closely with the client and the construction contractors to establish the correct timing, schedule, and level of effort required for both pre-construction surveys and
construction monitoring. ECORP’s compliance specialists and monitors are well-informed about all aspects of the projects and permit conditions prior to the implementation of the projects so they can ensure compliance with the
permit conditions. They also prepare the variety of plans typically required by permit conditions, such as Nesting Bird Management Plans, Protected Species Plans,
Habitat Restoration Plans, HMMPs, Invasive Plant Species Management Plans, and Conceptual Mitigation Packages.

ECORP’s biological monitors are also experienced in
conducting species relocation, monitoring the installation and maintenance of Best Management Practices (BMP) and
exclusion devices, and completing all reporting prior to the due dates listed in the permit conditions.

A cursory review of the project documents indicates the following potential environmental restrictions that may constrain the construction schedule:

Biological
ƒ Burrowing owl (Athene cunicularia): a State Species
of Special Concern, breeding season is generally Feb
1 to August 31 (CDFW Staff Report). If burrowing owls
are found within the vicinity during pre-construction
biological surveys, then the project has a limited time of the year that work could occur within so many feet
of the owls (this would be in the Streambed Alteration
Agreement (1600 permit). From our knowledge of
the area, we do know burrowing owls occupy the
Whitewater River/CVSC at Dillon Road and Jefferson
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Arts and Music Line Construction Management Services
Additionally, during this pre-construction period, templates will be developed, and file folders will be created to
manage the information developed throughout the
duration of the project. Financial oversight and quality control of materials and workmanship are based upon
monitoring activities every day and having the ability to access the detailed information and confirm the quality of workmanship and materials is satisfactory, any errors have been corrected, and quantities to be paid for the month are constructed in accordance with the project specifications.

The TYLin Team regularly uses the Caltrans filing system with 63 different categories to comprehensively track
These reports will first be provided to CVAG for review and approval, before submission to the appropriate agency.

CONSTRUCTION MANAGEMENT - RESIDENT

ENGINEER
Following the award of the construction contract and prior to the first working day, Resident Engineer, Mr. Nowak, PE, will prepare the TYLin Team for the task of providing professional and consistent construction management.

Processes will be implemented, forms will be created,
recurring tasks will be identified and assigned with defined deadlines and deliverables. Mr. Nowak is perfectly suited for this role. As demonstrated by his wide variety of
experience, he has the ability to implement comprehensive QA, financial management, and communication practices,
while at the same time, working closely with the contractor in partnership to deliver the most practical and effective solutions to daily project challenges.

Prior to the Notice to Proceed (NTP), Mr. Nowak will
schedule a pre-construction meeting with the contractor and all stakeholders. Contract expectations will be clearly laid out during this meeting. Contractor responsibilities will be identified that conform with the Caltrans Construction Manual. Practices following a regular monthly schedule
throughout the contract with required deliverables will be defined and clearly communicated to the contractor, with defined responsibilities.

Typical recurring tasks throughout the project are listed below, with frequency, and responsibility identified:
the progress of the project and confirm the quality of
construction and the financial accuracy of all payments.

Following the Notice to Proceed (NTP), project pre-planning and preparation is complete, and it is “Go Time.” The
project moves forward per the contractor’s approved
baseline CPM schedule and a rhythm of daily, weekly, and monthly duties begins to develop. Local traffic impacts due to school schedules and music festivals will be factored into the contractor’s work schedule. As Resident Engineer, Mr.

Nowak will be responsible to confirm and assure that the contractor is meeting all contractual obligations, QA, and at the same time eliminating obstructions to project progress, partnering contribution.

ITEM FREQUENCY

DELIVERABLE

CONTRACTOR CM TEAM
Monthly estimate Monthly Quantity request Quantity authorization Coordination meetings Weekly Look ahead schedule Minutes Certified payrolls Monthly Payroll records Review and confirm SWPPP review Annual, at events, weekly Required report Review and confirm Partnering Quarterly Project status Project status
Requests for information (RFI) As needed Clear question Timely and clarifying response Submittals As required Timely, complete submittal Timely response Progress schedules Initial baseline with monthly updates Monthly 15 days following submittals Record drawings Regularly Maintain current markups Maintain current markups 70 CLICK HERE to Return to Agenda

Arts and Music Line Construction Management Services
project and to assure our client’s best interests are being cared for. Our QAP is separated into three segments to
validate documentation, submittals and the inspection of field work and materials. The first segment addresses the overseeing of the office level documentations, the second segment is employed to ensure all submittals are properly reviewed and verified prior to approval. The last segment is to verify all field work and materials are being approved and documented.

QUALITY, SCHEDULE AND BUDGET CONTROL
1 Documentation 2 Submittals 3 Contractor Performance and Incorporated Materials
Documentation
QA of the CM process ensures all office level
documentations are reviewed and verified by a colleague for accurateness and completeness. Examples of
documents slated for this level of review are CCOs/RFIs, monthly billing estimates and quantity sheets. Also periodic spot checking of daily documentation to ensure that the record of activities and work completed is well documented in writing and pictures at the Resident Engineer’s
discretion.

Submittals
The second segment of our QAP is the validation of our
submittal review process. TYLin has QA checklists for
various submittals set up to ensure that all aspects of a submittal have been checked and verified and the review has been conducted accurately and in its totality. Some examples of checklists for submittal review are: posttensioning shop drawing, falsework submittals, temporary shoring, MSE walls, pile placement plan, and concrete
mix designs. These QA checklists will be filled out by the reviewer and placed in the job files. When submittals are reviewed by a junior engineer, a licensed engineer will spot check their work and verify any comments.

Contractor Performance and Incorporated Materials
The third segment of our QAP is the inspection and
verification of all materials and work that occurs on the job site. We have modified our construction procedures manual to encompass all tasks associated with bridge and roadway related inspection work. This is the first line of reference to execute our tasked duties. This manual, coupled with the contract specifications and the agency’s governing
specifications, will ensure all work is inspected and verified to an acceptable level.

The utilization of our QAP will ensure a successfully
managed project and assure our clients that we are
correctly overseeing and controlling the project.

TYLin team members understand the importance of
delivering quality services and products for our clients.

Our team understands the connection between quality and cost control on a project, and we believe work must be
performed, inspected, and documented properly the first time to avoid errors and schedule delays to successfully deliver a project.

The practice of quality assurance is accomplished by review of the contractor’s submittals and field work to assure TYLin implements a quality control plan on all projects consisting of construction services that follow
recognized procedures including detailed checklists
and documentation that closely follow the Caltrans
Construction Manual. The first page of TYLin’s Construction Management Quality Assurance Plan summarizes our plan
as follows:

TYLin’s quality assurance program (QAP) is employed to
ensure a successful and correctly managed construction
71 CLICK HERE to Return to Agenda

Arts and Music Line Construction Management Services
challenges to the project. This priority will build trust between the contractor and the TYLin Team, resulting
in swift conflict resolution, fewer change orders, and a collaborative work environment.

As a good project partner, Mr. Nowak will work with the contractor and other stakeholders to resolve conflicts
and provide the contractor a path to continue his work
without delay or added effort. Some sources of conflict may include:
» Delayed utility relocations
» Differing site conditions
» Plan changes initiated by the owner
» Special public events
Reporting
Mr. Nowak will produce a monthly report to update CVAG
on the project status. The report will include the status of the project schedule, (days completed versus days
remaining), project budget, (dollars spent, versus dollars remaining), and percent of work completed to date. There will be a description of the location and type of work
completed during the past period, and the work expected to be completed during the upcoming period. The report
will also include a listing and status of all project change orders and any potential change orders, as well as a
discussion of current or anticipated project issues and any potential claims.

Construction Management - Construction Inspection
The TYLin team’s primary responsibility is to assure project plans and specifications, including all referenced standards, are safely performed in the field every day. This and
in-person oversight is performed by our field inspectors.

Typically, our field inspector will meet with the contractor’s field crews at the beginning of each shift and gain a clear understanding of the work planned for the day including what items of work are planned to be accomplished.

They will learn the names of the crew that is working, the the contractor’s Quality Control Plan is being followed. A sufficient level of qualified staffing needs to be maintained to meet the varying levels of work that is ongoing. A
proposed staffing plan is included in this proposal to reflect how CM staffing might be scheduled to meet a proposed
contractor work plan. However, Mr. Nowak will regularly review the workload facing his team and assign duties to qualified staff to confirm contractor adherence to project specifications.

TYLin’s workplan to assure compliance to the contract
standards is based on the Caltrans Construction Manual
and recognized professional practices to meet the needs of CVAG, the Cities of La Quinta, Coachella, Indio, RCTD, as well as residents and business owners.

Quality oversight duties of the Resident Engineer and CM team include:
» Project Safety
» Stormwater Compliance
» Contract Change Order
Control
» Submittal Review
» Material Testing
» Monthly Progress
Payments
» Traffic Control
» Environmental Compliance
» Payroll and DBE
Compliance
» RFI Review and Response
» Public Safety
» Impacts to Local Schools
Partnering
Whenever unforeseen conditions are discovered that could possibly impede the contractor’s work, it is Mr. Nowak’s project centered priority to help resolve the situation to eliminate, or minimize additional cost, or project delay.

These conditions are typically documented by a formal RFI from the contractor, but are initially identified by either the contractor, or the CM team. Most often these issues come to the attention of the team following careful review of project plans in anticipation of the upcoming work
considering potential impediments.

Along with implementing formal partnering in accordance with the project specifications, Mr. Nowak will demonstrate his “project first” priority and proactively work to address 72 CLICK HERE to Return to Agenda

Arts and Music Line Construction Management Services
conforming work that was corrected, any discussions with the contractor that were held, and any issues or potential issues that were encountered or anticipated. These daily diaries are the foundation of our QA oversight. Based on the daily activities, summary sheets are built to document material testing, monthly payments, Q-Sheets, payroll
monitoring, safety compliance, and tracking the beginnings of contract change orders.

Our Field Inspectors will provide daily photographs that document the existing status of landscaping, pavement,
concrete, and other facilities prior to construction activities.

If the contractor’s work unnecessarily damages existing facilities, the daily report will prove highly valuable in resolving any dispute by the contractor. Equally, the
contractor will be protected from false accusations if
existing conditions are sub-standard.

The material testing schedule is typically the responsibility of the contractor. Tests are required to be scheduled 48 hours in advance to assure that testers can be on site. Our Field Inspector will work with the contractor to be sure delays to testing avoid impacting the contractor’s schedule.

In the same way, he will also assure the contractor does not over-schedule testers for his convenience and impact the tester’s (and CVAG’s) budget.

All non-conforming work will be immediately
communicated to the contractor and asked to be removed
or corrected. It is typically corrected immediately; however, equipment that is to be used, any traffic control that will be implemented, any anticipated closures to roads or private access, what potential critical operations are anticipated, if specialty subcontractors are anticipated, what material testing is anticipated, and what full-time inspection will be required. A field inspector may be covering two or more different crews and need to alternate attention between different activities throughout the day. Field Inspectors will work with assistance of our Resident Engineer and
Office Engineer to ensure approved submittals are being followed and approved and accepted materials are being
incorporated into the work and plan changes are being
implemented.

Material testing will be scheduled in advance to assure materials are installed to the proper compaction and
grade, concrete is the approved mix design and within
specification for temperature and age, and HMA is the
approved mix design and placed per project specifications for temperature and compaction. In the event of full-time inspection for placement of concrete or HMA paving, the team will coordinate staffing to meet project requirements and assure contractor compliance.

The activities of each day of contractor work will be fully documented on inspector daily diaries. Daily diaries will include all contractor staff and equipment, the hours
worked, which items of work were performed, and the
limits of work. The quantities of work will be documented as well as any testing that was performed, any nonFigure 7. The planned dramatic outcome for the CV link will be achieved by daily, consistent, and professional oversight and construction management. Renderings courtesy of CVAG website. 73 CLICK HERE to Return to Agenda

Arts and Music Line Construction Management Services
PROJECT CLOSEOUT AND ACCEPTANCE:

As the project approaches completion, Mr. Nowak and
the team will begin the process of project closeout.

Material testing sheets will be reviewed to assure there are no outstanding NCRs, submittal and RFI logs will be reviewed for completeness, payroll logs will be reviewed for completeness, and a proposed final estimate will be compiled for the contractor’s review.

The contractor’s acceptance of the final estimate is his acknowledgement that he agrees to the payment for all the work performed including all change orders and claims.

Any outstanding payroll records will be submitted, and
potential liens will be released.

All maintenance and operation manuals will be confirmed to have been submitted. The final project walk will
generate a final punchlist. The Cities of La Quinta,
Coachella, and Indio will have input for their jurisdictions.

Once the work is satisfactorily completed, the project can be recommended for acceptance to CVAG.
when correction is delayed, our inspector will document the location and the issue with a non-conformance-report (NCR), which will require a specific and documented reinspection prior to acceptance of the work.

In addition to the daily ongoing items of work, our
inspectors will continually review traffic control, SWPPP compliance, and safety practices throughout the
project. Depending on the specific issue observed, the
inspector will direct the contractor to correct an infraction immediately, by the end of the day, or by the end of the week. These observations will be forwarded to Mr. Nowak to be noted and addressed at the weekly construction
progress meeting.

SCHEDULE
Our proposed project schedule can be found on the
following page.

ASSUMPTIONS
» The contractor will perform work during the Caltrans
Working Day calendar.
» The contractor will procure long lead items as early as possible. (e.g. traffic signals)
» City and County Traffic Control Plans will need City and County approval prior to construction.
» All utilities (electrical, irrigation piping) will be installed after surface removals for the various areas are
complete but prior to construction of roadways.
» The grind and overlay work performed near active
roadways, (single lane), will minimally disrupt traffic. » Grind and overlay, construction of the new bike paths, retaining wall construction, bridge, and traffic signal work may take place concurrently in different locations. » The NEPA permit will be obtained after 90% design is
reviewed but before 100% design is submitted.
» The contractor will have multiple crews available to
work at any given time.
» No dewatering is required.
» The total duration for construction including closeout activities will be 21 months, about 420 working days.
» TYLin constructability reviews will take place after 65%, 90% and 100% design is submitted.
» The contractor will need 2 months for submittals and
City and County Traffic Controls Plan approvals after
contract award and prior to NTP
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Arts and Music Line Construction Management Services
ID Task Name Duration Start Finish
1 Pre-Construction
Period
291 days Fri 8/18/23 Fri 9/27/24
2 Perform
Constructability
Review- 95% PS&E
20 days Fri 8/18/23 Thu 9/14/23
3 Finalize Plans
NEPA, and Permits
120 days Fri 9/15/23 Thu 2/29/24
4 Advertise for
Construction
1 day Fri 3/1/24 Fri 3/1/24
5 Contract Award 90 days Mon 3/4/24 Fri 7/5/24
6 Submittal Review 60 days Mon 7/8/24 Fri 9/27/24
7 Pre-Construction
Meeting
1 day Tue 9/10/24 Tue 9/10/24
8 Construction 420 days Wed 9/11/24Tue 4/21/26
9 Area 1- Ave 48/La
Quiinta
195 days Wed
9/11/24
Tue 6/10/25
10 Removals 65 days Wed 9/11/24Tue 12/10/24
11 Construct new
curbs
75 days Wed
10/30/24
Tue 2/11/25
12 Conduit and lighting 50 days Wed 1/8/25 Tue 3/18/25
13 Construct
Bikelane
pavement
40 days Wed 3/5/25 Tue 4/29/25
14 Overlay Street 30 days Wed 4/23/25Tue 6/3/25
15 Stripe and open 5 days Wed 6/4/25 Tue 6/10/25
16 Area 2- Ave 48/Indio205 days Wed 12/11/24Tue 9/23/25 17 Removals 130 days Wed 12/11/24Tue 6/10/25
18 Construct new
curbs
90 days Wed
2/26/25
Tue 7/1/25
19 Conduit and lighting 70 days Wed 4/2/25 Tue 7/8/25
20 Construct
Bikelane
pavement
80 days Wed
4/30/25
Tue 8/19/25
21 Overlay Street 60 days Wed 6/18/25Tue 9/9/25
22 Stripe and open 10 days Wed 9/10/25Tue 9/23/25
23 Area 3-
Evacuation
Channel
145 days Wed
6/11/25
Tue
12/30/25
24 Removals 25 days Wed 6/11/25Tue 7/15/25
25 Wall Construction60 days Wed 7/16/25Tue 10/7/25
26 Pave 30 days Wed 10/8/25Tue 11/18/25
27 Rail, Stripe, and
open
30 days Wed
11/19/25
Tue
12/30/25
28 Area 4- Hjorth Street 100 days Wed 8/13/25Tue 12/30/25 35 Area 5- Van Buren
Street
100 days Wed
9/24/25
Tue 2/10/26
42 Area 6- Dillon Road120 days Wed 11/5/25Tue 4/21/26
43 Removals 30 days Wed 11/5/25Tue 12/16/25
44 Construct new
curbs
25 days Wed
12/17/25
Tue 1/20/26
45 Conduit and lighting 15 days Wed 1/21/26Tue 2/10/26
46 Construct
Bikelane
pavement
25 days Wed
2/11/26
Tue 3/17/26
47 Overlay Street 20 days Wed 3/18/26Tue 4/14/26
48 Stripe and open 5 days Wed 4/15/26Tue 4/21/26
49 Post Construction 46 days Wed 4/22/26Wed 6/24/26
50 Final Estimate 30 days Wed 4/22/26Tue 6/2/26
51 As-Builts 40 days Wed 4/22/26Tue 6/16/26
52 Final Acceptance 5 days Wed 6/17/26Tue 6/23/26
53 Deliver Files 1 day Wed 6/24/26Wed 6/24/26
Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 2024 2025 2026
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
Arts and Music Lime Coachella Valley Association of Governments Proposed Construction Schedule TYLin
Project: Project1
Date: Fri 8/18/23
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Arts and Music Line Construction Management Services

HOURLY RATES
2025 2026

NAME TITLE

FULLY LOADED HOURLY RATEFULLY LOADED PREVAILING WAGE RATEFULLY LOADED HOURLY RATEFULLY LOADED PREVAILING WAGE RATE TYLin
Joseph Smith, PE, CCM Project Manager $326.81 - $339.88 - Thomas Nowak, PE, QSD Resident Engineer/Structure Rep. $256.20 - $266.45 - Abigail Manriquez Office Engineer $129.56 $178.00 $134.74 $178.00 Alejandro Armendariz Structural/Const. Inspector $149.43 $182.73 $155.41 $182.73 Curis Musashi, EIT Structural/Const. Inspector $129.35 $176.70 $134.52 $176.70 AIX
Robert Delgado Inspector/Safety $205.70 - $213.93 -
Frank Duffy Lead Inspector $205.70 $178.50 $213.93 $178.50

CONNECT AND CORPORATION
Andrea Suarez Outreach Director-FT $170.00 - $176.80 -
Jessica Sanchez Outreach Specialist- FT $90.00 - $93.60 - Christine Feldman Creative Director/Graphic Design- PT $110.00 - $114.40 - Jenessa Sanchez Outreach Coodinator- PT $51.00 - $53.04 - DESI
John Kannor Sr. Electrical Inspector $162.14 $178.50 $168.63 $175.50 Michael Roush Electrical Inspector $162.14 $178.50 $168.63 $175.50 Chia-Chi Wang Labor Compliance Officer $185.32 - $192.73 - ECORP
Kevin Israel Environmental Manager $160.00 - $166.40 -
Wendy Turner Senior Biologist $160.00 - $166.40 -
Sonia Sifuentes Cultural Resources Task Manager $160.00 - $166.40 - Jesus “Freddie” Olmos Principal Environmental Planner $210.00 - $218.40 - Seth Myers Air Quality/Noise Task Manager $195.00 - $202.80 - Caroline Garcia Lead Biological Monitor $106.74 - $111.01 - Robert Cunningham Archaeology Support $110.50 - $114.92 - Julian Acuna Lead Archaeological Monitor $106.74 - $111.01 - Scott taylor Aquatic Resources Specialist $161.73 - $168.20 - Samantha Alfaro CEQA Support $90.83 - $94.46 -
Marc Guidry GIS $158.63 - $164.98 -
Torrey Rotellini GIS $96.33 - $100.18 -
Jackie McComas Admin $110.56 - $114.98 -
Laura Hesse Publications $112.66 - $117.17 -
GEOCON
See attached rate sheet on page 9.
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Arts and Music Line Construction Management Services
2025 2026

NAME TITLEFULLY LOADED HOURLY RATEFULLY LOADED PREVAILING WAGE RATEFULLY LOADED HOURLY RATEFULLY LOADED PREVAILING WAGE RATE

MICHAEL BAKER
Jarrad Truman, PLS Lead Surveyor $275.00 - $286.00 -
Christopher Albert, PLS Lead Surveyor $300.00 - $312.00 - Steven Chi, PLS Field Supervisor $185.00 - $192.40 -

ZT CONSULTING
Farzad Tabihgoo Principal Engineer $206.30 - $214.55 -
Derick Hobbs SMR/ Quality Engineer $128.36 - $133.49 -
Andrew Soria Lead Precast QA Inspector $136.39 - $141.85 - William Kent Lead QA Inspector $173.06 - $179.98 -
Eric Sanabria QA Inspector $120.34 - $125.15 -
Nathan Liszewski QA Inspector $128.36 - $133.49 -

MAGANA CONSULTING
Martin Magana President/ Construction Liaison $175.00 - $182.00 - 77 CLICK HERE to Return to Agenda

Arts and Music Line Construction Management Services
78-075 Main Street #G-203 ■ La Quinta, California 92253 ■ Telephone 760.565.2002 ■ Fax 951.304.2392

GEOTECHNICAL

ENVIRONMENTAL
2023 Schedule of Fees – RV23 MATERIALS

PROFESSIONAL SERVICES
Word Processor/Non-Technical Assistant/Draftsman..................................................................................................................................................$90/hr.

Engineering Assistant/Lab Technician. .........................................................................................................................................................................$90/hr.

Engineering Field Technician ....................................................................................................................................................................................... *80/hr.

Senior Field Technician ................................................................................................................................................................................................ *80/hr.

Special Inspector (Concrete, Rebar, Masonry, Welding, etc.).................................................................................................................................... *90/hr.

Field Technician Supervisor ....................................................................................................................................................................................... *120/hr.

Staff Engineer/Geologist............................................................................................................................................................................................. *125/hr.

Sr. Staff Engineer/Geologist ....................................................................................................................................................................................... *135/hr.

Project Engineer/Geologist......................................................................................................................................................................................... *145/hr.

Senior Project Engineer/Geologist ............................................................................................................................................................................. *155/hr.

Senior Engineer/Geologist.......................................................................................................................................................................................... *165/hr.

Associate Engineer/Geologist ..................................................................................................................................................................................... *175hr.

Principal Engineer/Geologist/Litigation Support ..........................................................................................................................................................400/hr.

Attorney Fees (General) .............................................................................................................................................................................................$500/hr.

Deposition or Court Appearance................................................................................................................................................................................ $550/hr.

Overtime/Saturday Rate/Night Rate (7pm – 6am w/ 8 Hr minimum per call out)......................................................................1.5 X Regular Hourly Rate Sunday and Holiday Rate................................................................................................................................................................ 2 X Regular Hourly Rate Minimum Field Services Fee per call-out, 4 hrs (if 4 hrs or less), 8 hrs (if more than 4 hrs and less than 8 hrs) Short-Notice Cancellation 4 hrs (if after 4 pm of the day prior to the scheduled inspection time) Short-Notice Cancellation, 4 hrs (upon or after arrival at jobsite) *Prevailing Wage (PW) California Labor Code §1720, et. Seq. add $45/hr.

TRAVEL
Personnel................................................................................................................................................................................................. Regular Hourly Rate Subsistence (Per Diem)................................................................................................................................................................. Quote Based on Location Vehicle Mileage ........................................................................................................................................................................................................ 0.75/mile

EQUIPMENT & MATERIALS
*Nuclear Density Gauge/Sand Cone Testing Equipment ............. $10/hr. Water Buffalo .................................................................................$75/ea. *Vehicle............................................................................................ $10/hr. Battery-Powered Pump ..............................................................$100/day *Special Inspection Equipment ........................................................ $5/hr. Water Level Indicator ....................................................................$50/day Coring Machine (concrete, asphalt, masonry) .......................... $285/day Perforated 3” PVC Pipe............................................................... $45/10ft.

Generator..................................................................................... $150/day Gravel............................................................................................ $30/bag Double Ring Infiltrometer........................................................... $200/day Sand ............................................................................................. $30/bag GPS Unit...................................................................................... $175/day AC Cold Patch .............................................................................. $30/bag Pick-up Truck .............................................................................. $150/day Quick Set PCC Patch................................................................... $30/bag Mobile Laboratory with Lab Technician .................................. $1,650/day Temp Marking Paint ..................................................................... $15/can Drive-Tube Sampler ..................................................................... $60/day Lath Bundle.................................................................................. $100/ea.

Hand-Auger .................................................................................. $50/day Air Compressor ...........................................................................$150/day Dynamic Cone Penetrometer .................................................... $250/day Soil Sample Tube ..........................................................................$15/ea.

Manometer ................................................................................. $100/day Percussion Hammer Drill ...........................................................$125/day Schmidt Hammer ....................................................................... $100/day .................................................................................................................... 78 CLICK HERE to Return to Agenda

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GEOTECHNICAL

ENVIRONMENTAL
2023 Schedule of Fees – RV23 MATERIALS

LABORATORY TESTS

COMPACTION CURVES SOIL AND AGGREGATE PROPERTIES
(D698/D1557/T99/T108) 4-inch mold ............................................... $220 (D422/T88) Particle Size, Hydrometer w/out Sieve ..........................$165 (D698/D1557/T99/T108) 6-inch mold ............................................... $230 (C136/D6913/T27) Sieve, Coarse to Fine w/ #200 Wash ................$150 (CT 216) California Impact................................................................. $230 (C136/D6913/T27) Sieve, Coarse or Fine w/ #200 Wash................$115 Check Point ........................................................................................ $100 (C136/D6913/T27) Sieve, Coarse or Fine No #200 Wash...............$100 (D1632/CT312) Soil Cement Cyl. Fabrication (Set of 3) ................. $150 (C117/D1140/T11) Materials Finer than #200.....................................$90 (D1632/CT312) Soil Cement Cyl. Fabrication (Addtl. Spec.) ............ $50 (D2216/T265/CT226) Moisture Content.............................................. $30 (D1633/CT312) Soil Cement Comp. Strength (Set of 3) ................. $300 (D2487/D2488) Visual Soil Classification............................................ $30 (D1633/CT312) Soil Cement Comp. Strength (Addtl. Spec.) ......... $100 (D2937) Density of In-Place Soil, Drive-Cyl. Method..........................$45 SOIL AND AGGREGATE STABILITY (D4943) Shrinkage Factors of Soils, Wax Method..............................$55 (D2844/CT301) Resistance Value .................................................... $290 (C131/C535/CT211) L.A. Abrasion Resistance ................................$200 (D2844/CT301) Resistance Value, Treated...................................... $295 (C142/T112) Clay Lumps and Friable Particles ................................$170 (D1883) California Bearing Ratio ...................................................... $530 (C123/T113) Light Weight Particles...................................................$245 (C977) Stabilization Ability of Lime.................................................... $185 (D3744/CT229/T210) Durability Index Fine ......................................$190 (D1883) Calif. Bearing Ratio (Army Corp of Engineers) ................. $105 (D3744/CT229/T210) Durability Index Coarse..................................$225 CHEMICAL ANALYSIS (CT227) Cleanness Value..................................................................$170 (G187/CT643/T288) pH and Resistivity............................................ $135 (D4791) Flat & Elongated Particles ...................................................$165 (D4972/T289) pH Only......................................................................... $30 (D693/CT205) Percent Crushed Particles.........................................$145 (CT417) Sulfate Content.................................................................... $100 (D5821) Percent. of Fractured Particles, Coarse Aggregate............$140 (CT422) Chloride Content.................................................................... $55 (C40/CT213/T21) Organic Impurities .................................................. $75 (D2974) Organic Content..................................................................... $50 (C235) Soft Hardness (Scratch Hardness) ......................................$100 PERMEABILITY, CONSOLIDATION AND EXPANSION (C88/CT214/T104) Sulfate Soundness .............................................$410 (D5084) Permeability, Flexible Wall .................................................. $270 (C1252/T304) Uncompact. Void Content, Fine Aggregate ..............$150 (D5856) Permeability, Rigid Wall ...................................................... $260 (C127/CT206/T85) Coarse Specific Gravity......................................$125 (D2434) Permeability, Constant Head ............................................. $280 (C128/CT207/T84) Fine Specific Gravity ..........................................$150 (D2434) Permeability, FHA Slab-on-Grade ...................................... $110 (D854/CT209/T100) Specific Gravity of Soil .....................................$150 (D2434) Permeability, Hourly .............................................................. $55 (C29/CT212/T19) Unit Weight & Percent Voids.................................. $90 (D2435/T216) Consolidation (6 pts. w/ Unload) ............................... $350 (D2419/CT217/T176) Sand Equivalent .............................................$110 (D2435/T216) Consolidation Additional Point w/ Unload ................... $65 (D4318/CT204/T89/T90) Plastic Index (Plastic/Liq. Limit) ...............$165 (D4546) Swell/Compression Testing & Density................................ $120 (D4318/CT204/T89) Liquid Limit.......................................................... $95 (D4546) Swell/Settlement Testing & Density (ea. addtl. pt.) ............. $85 (D4318/CT204/T90) Plastic Limit......................................................... $95 (D4546) Swell/Settlement Testing & Density (County) .................... $100 (C330) Spec. for Lightweight Aggregates, Struc. Concrete ..........Quote (D4546) Swell/Settlement Testing & Density (FHA) .......................... $90 SHEAR STRENGTH (D4829) Expansion Index of Soils..................................................... $160 (D2166) Unconfined Compression ....................................................$100 .................................................................................................................... (D3080/T236) Direct Shear (3 points) ..............................................$295 .................................................................................................................... (D3080/T236) Remolded Direct Shear (3 points) .............................$300 .................................................................................................................... (D3080/T236) Direct Shear Addtl. Points/ea. residual pass.............$115 .................................................................................................................... (D2850) Unconsolidated-Undrained Triaxial Shear..........................$160 .................................................................................................................... (D2580) Unconsolidated-Undrained Triaxial Staged ........................$160 .................................................................................................................... (D4767) Consolidated-Undrained Triaxial Shear..............................$265 .................................................................................................................... (D4767) Consolidated-Undrained Triaxial Staged ............................$340 .................................................................................................................... (EM1110) Consolidated-Drained Triaxial Shear ...............................$375 .................................................................................................................... (EM1110) Consolidated-Drained Triaxial Staged .............................$480 79 CLICK HERE to Return to Agenda

Arts and Music Line Construction Management Services
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GEOTECHNICAL

ENVIRONMENTAL
2023 Schedule of Fees – RV23 MATERIALS

LABORATORY TESTS (CONTINUED)
(A370) Bend Test MASONRY**
• #11 Bar & Smaller.............................................................................. $50 Concrete Block Test (Sets of 3 Required):
• #14 & #18 Bar.................................................................................... $70 • (C140) Unit Weight Moisture Content & Absorption.......................$195 (A370) Tensile - Mechanically Spliced Bar • (C140) Moisture Content/Absorption (ea. addtl. specimen) ............$65 • #11 Bar & Smaller............................................................................ $150 • (C140) Compression Test................................................................$195 • #14 Bar & Larger.............................................................................. $190 • (C140) Compression Test (ea. addtl. specimen) .............................$65 (A370) Tensile – Electric Resist. Butt Splice w/ Control................... $150 • (C426) Linear Drying Shrinkage......................................................$285 (A370) Straightening of bar (if required).............................................. $25 • (C109/UBC 21-16) Mortar Cylinder (2”x4”) ...................................... $30 Structural Steel Tests: • (C942) Grout Prism (3”x3”x6”), trimming included............................$35 • (A370) Machining & Prep of Test Specimen ...................... Cost + 20% Masonry Prism (Assemblage):
• (A370) Tensile Strength & Elongation • (C1314) 8”x8”x16” – 8”x12”x16” .....................................................$200 Up to 200,000 lbs. ..................................................................... $100 • (C1314) 8”x16”x16” – 10”x12”x16” .................................................$225 200,000 – 300,000 lbs. ............................................................. $125 • (C1314) 12”x12”x16” – 12”x16”x16” ...............................................$250 300,000 – 400,000 lbs. ............................................................. $150 • (C1314) Larger than 12”x16”x16” ................................................Quote Pre-stressing Wire & Tendon Tests: Brick Test (Set of 5 Specimens):
• (A421) Tensile Strength, Single Wire.............................................. $150 • (C67) 24-Hour Absorption, Cold Water...........................................$225 • (A416) Tensile Strength, 7-Wire Strand.......................................... $175 • (C67) 5-Hour Absorption, Boiling Water..........................................$225 High Strength Bolt, Nut, & Washer Tests: • (C67) Compression Test or Modulus of Rupture............................$255 • (A325/A490) Tensile Test on Bolts ................................................. $100 • (C67) Each Additional Specimen....................................................... $45 • (A563) Proof Load Test on Nuts ..................................................... $100 CONCRETE** • (A325/A490) Hardness Test on Bolts ............................................... $50 Mix Designs:
• (A536) Hardness Test on Nuts.......................................................... $50 • (ACI211/ACI214) Concrete Mix Design ..........................................$350 • (F436) Hardness Test on Washers................................................... $50 • (ACI211/ACI214) Review of Concrete Mix Design.........................$350 Weld Specimen Tests: • (C192) Concrete Trial Mix (includes equipment & labor) ...............$495 • (E164) Ultrasonic Examination......................................................Quote Concrete Properties:

Machining & Prep of Test Specimen ........................... Cost + 20% • (C39/CT521/T22) Comp. Strength, Concrete Cyl.............................$30 • (E381) Macrotech Test (3 Faces) .................................................. $355 • (C42/CT521/T22) Comp. Strength, Concrete/Gunite Core..............$60 ASPHALT TESTING • (C78/CT523) Flex. Strength of 6”x6”x21” Concrete Beam.............$165 Asphalt Properties: • (C174) Length Measuring of Drilled Cores ....................................... $75 • (D2726/CT308/T166) Bulk Spec. Grav., Compacted HMA........... $100 • (C1140) Shotcrete Panel-Coring & Testing (Set of 3)....................$290 • (D1560/CT366) Stabilometer Value (HVEEM) .............................. $145 • (C1140) Shotcrete Panel (each addtl. specimen).............................$90 • (D2041) Theoretical Max Specific Gravity ...................................... $145 • (C496) Static Modulus of Elasticity..................................................$200 • (D5444) Sieve Analysis of Extracted Asphalt................................. $150 • (C496) Drying Shrinkage (Set of 3, up to 28 days).........................$395 • (D6307/CT382) Percent Asphalt, Ignition Method ......................... $150 • (C642) Spec. Gravity, Absorp., Voids in Hardened Concrete..........$95 • (D1188) Unit Weight of Asphalt Core................................................ $65 • (F1869) Moisture Vapor Emission Rate, Concrete Subfloor............$50

MISCELLANEOUS TESTING SERVICES
• Emulsion........................................................................................... $300 • Wet Track Abrasion ......................................................................... $175 Calibration of Hydraulic Ram:
• 100 Ton & Under.............................................................................. $200 • 101 Tons – 200 Tons....................................................................... $300 Use of Universal Testing Machine:
• UTM with One Operator .................................................................. $320 • Additional Technician............................................... Regular Tech Rate Spray Applied Fireproofing: *2X Surcharge on rush turn-around for laboratory testing. • (E605/E736) Fireproofing Oven Dry Density/Thickness...... $90 **Fee applies for sample storage, testing, or disposal. 80 CLICK HERE to Return to Agenda

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GEOTECHNICAL

ENVIRONMENTAL
2023 Schedule of Fees – RV23 MATERIALS

1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only and include reporting of routine results not calling for comments, recommendations or conclusions.

2. Sampling and testing are conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies.

3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem is based on the local costs per day when location of work dictates.

4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein.

5. Invoices will be submitted at four-week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice.

Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent, and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule.

6. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon’s (the term “Geocon” includes Geocon’s partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is limited to the greater of $50,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all of Client’s injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above.

7. Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon’s total aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client’s project, as well as persons and other entities not involved in the project, to the greater of $100,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon’s liability to them and require them to abide by such limitation for damages suffered by any contractor or subcontractor arising from Geocon’s actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Geocon’s actions or inactions. 81 CLICK HERE to Return to Agenda
Contract No. CVAG-20-018-03
Project: ATP – Arts and Music Line
Attachment A-3
Chen Ryan Associates, Inc.

Technical and Fee Proposal
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p / 11 RESPONSE TO CVAG - AML ATP NI PROGRAM

ASSOCIATES PROFESSIONAL ENGINEERING AND PUBLIC OUTREACH SERVICES 2023.150

4. Work Plan
The CVAG Arts & Music Line:

The nexus of transportation
planning and the arts
The approach that informs our vision for the CVAG
Arts and Music Line (AML) Active Transportation
Plan (ATP) Non-Infrastructure Program is the nexus
of active transportation planning and the arts. If
infrastructure is the physical manifestation of the
AML, then the arts, education and encouragement
elements that define the Non-Infrastructure Program
are the cultural manifestation of the AML.

The CRA team knows the history of the AML; CRA
and Arellano Associates (AA) helped conduct
community engagement and supported the Caltrans
ATP Cycle 6 grant application submittal. The CRA
team recognizes the importance of the AML for
connecting transportation planning and the design
process, as well as changing people’s minds and
transportation choices.

The overarching goal of the AML is to improve
health and increase safe mobility for residents,
workers, students and visitors (particularly vulnerable populations reliant upon walking/biking for
transportation) to jobs, schools, and activity centers
through the AML. The AML will facilitate improved
public health, social equity, and provide other
important community benefits. The AML will be used
to achieve the following objectives:

A. Enhance multimodal neighborhood mobility
by strategically identifying street and sidewalk
connections, crossings, gaps, and identifying
how residents can better access businesses, retail
centers, schools, parks, recreational facilities, and
community services, through a seamless active
transportation network.

B. Improve active transportation safety by
exploring linkages of residences, schools, and
other activity centers via pedestrian and bicycle
corridors and the AML, assessing the conditions
of the streets and sidewalks connecting these
places, and by identifying countermeasures to
target the main causes of bicycle and pedestrianinvolved traffic collisions in the region.

C. Foster equitable, livable and healthy
communities by improving walking and bicycling
access to desired destinations, building upon
existing plans and public health programs that
not only identified destinations to implement
changes for social equity, but also provide the
framework to identify more destinations for future
work in expanding such initiatives. This project
focuses on providing people opportunities to
achieve a healthier lifestyle and create a sense
of community using pedestrian and bicycle
infrastructure with the AML.

Coachella Valley has experienced a steady growth
over the last fifteen years that has increased vehicular traffic, collisions, and air pollution. The AML ATP
Non-Infrastructure Program (AML NI Program)
focuses on moving youth, seniors, and the mobilitychallenged community to parks and activity centers including recreation centers, schools, and commercial
centers. The AML NI Program also incorporates arts
into the design of the AML and will deploy active
transportation education curriculum and community
encouragement campaigns. The scope, scale, and
holistic approach of the AML has the potential to
be highly transformative for residents, visitors, and
businesses with impacts and effects far reaching
throughout the Coachella Valley.
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p / 12 RESPONSE TO CVAG - AML ATP NI PROGRAM

ASSOCIATES PROFESSIONAL ENGINEERING AND PUBLIC OUTREACH SERVICES 2023.150 2023.150 4. Work Plan
The construction of the AML will create a high
quality pedestrian and bicycle corridor through
Coachella, Indio, La Quinta, and unincorporated
Riverside County. The AML will connect to eleven
schools from the Desert Sands Unified and Coachella
Valley Unified School Districts, the Coachella Valley
Link (CV Link, the regional multi-use trail) and Bear
Creek Trail, as well as connections to nine different
neighborhoods and community parks including
Rancho Las Flores Park, Dr. Carreon Park, Hijorth Park, Saguaro Park, La Quinta Park, De Oro Park, Shields
Park, South Jackson Park, and Civic Center Campus.

CRA will work with staff to determine a clear set of
performance metrics that will be tracked through a
two-year arts, education and awareness program with
the goal of creating a system for measuring mode
shift and active transportation change over time in
the Coachella Valley. At the center of this curriculum
is a community-wide bicyclist and pedestrian safety
and education awareness campaign that will include
instructional activities throughout the community
reaching students, residents, visitors, commuters, and
other community stakeholders. The CRA team will
leverage its relationships it has built with Desert Sands Unified and Coachella Valley Unified, as well as the 11 schools making up the project area, through outreach
in the community in 2021 and 2022 and through
other CVAG projects.

DESIRED OUTCOMES OF THE AML
The AML’s origins come from the communities of
Coachella, Indio, and La Quinta, CVAG, area schools,
and other stakeholders. They have expressed the
desired outcomes of the AML, which we understand
to be:
 Access to amenities of daily life through active
transportation (parks, grocery stores, pharmacies,
employment, etc.)
 Active transportation safety and enjoyment
 Community/public health through active
transportation
 Educational and skill development of students
and the broader community about active
transportation and the arts
 Promotion and support for the arts
 Positive experience in communities’ relationship
with public agencies through collaboration
 Enhancing the icon of Coachella Valley as an arts
destination
 Improved aesthetic experience of Avenue 48 and
the “spurs” connecting to project area schools
 Reduction of greenhouse gas emissions through
increasing active transportation
The AML’s NI Program will contribute to the identity
of the region as an arts destination and draw
people from all over the world. The AML is a tool
for capitalizing on state, national and international
interest in the Coachella Valley. While there are many
positive economic benefits to hosting the Coachella
and Stagecoach festivals, there are also environmental
impacts to the Valley. CRA will work with CVAG to
collaborate with each festival’s organizers to develop
an active transportation plan to improve mobility
options during the periods when festivals are being
held, with materials that will encourage festivalgoers
to use active transportation while attending. As is the case with cities who have seasonal influxes of visitors due to regularly scheduled and seasonal events, the
AML is a strategy to address the transportation and
arts needs of communities throughout the year, and
visitors on festival occasions.

Scope of Work
TASK 1: PROJECT MANAGEMENT
& ADMINISTRATION

PROJECT MANAGEMENT
CRA Project Manager, Jenny An, will organize
and facilitate the AML NI Program project kick-off
meeting. That meeting will establish project
direction, communication protocols, and refine the
project schedule and scope. The kickoff meeting will
introduce the approach and plan for outreach and
engagement, data collection and analysis, as well as
the preparation of associated public facing materials
including the project promotion toolkit, maps, and
visuals. A meeting agenda will be submitted by CRA
in advance of the kickoff meeting and presumably
include a review of the project scope, budget,
schedule, establish a bi-weekly check in meeting, and
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p / 13 RESPONSE TO CVAG - AML ATP NI PROGRAM

ASSOCIATES PROFESSIONAL ENGINEERING AND PUBLIC OUTREACH SERVICES 2023.150 2023.150 4. Work Plan
a preliminary discussion of branding, project look and
feel, and communication protocols. After the kickoff
meeting, CRA will develop and submit minutes within
five business days focusing on key decisions, action
items, and next steps.

Jenny will maintain a detailed project schedule and
budget consistent with this proposal (pending any
changes at the kickoff meeting), with careful attention to the allocation of resources and control over task
execution. CRA has proposed a schedule (see GANTT
Chart at the end of this section) to establish a logical task sequencing including outreach activities, which
will be further refined in the opening month of the
project. The CRA team has led many projects of this
scale, vision, and scope, and has the multidisciplinary staff to deliver.

CRA recognizes the importance of presenting
detailed and technical materials in an intuitive and
aesthetically attractive format to the public. After the schedule has been confirmed at the kickoff meeting,
CRA will develop a simplified version of the project
schedule for use in the Promotional Toolkit, for the
purpose of public presentation.

CRA and CVAG will hold biweekly, primarily virtual
meetings with partner agencies and stakeholders.

In addition to these regular meetings, CRA will
support and facilitate meetings of the existing
Ad Hoc Committee and other already-committed
stakeholders with the goal of maintaining existing
AML public outreach providing continuity for the
AML NI Program. Additionally, CRA will assemble
and maintain a list of AML stakeholders. This list
begins with the Ad Hoc Committee and currently
active stakeholders and will be further developed
as the AML reaches more people within the project
area communities and people throughout the cities
of the Coachella Valley. The AML NI Program is
ambitious to a degree that knowledge of it could
become a household conversation, and thus we
expect stakeholder interest to increase qualitatively
and quantitatively. AA will recruit participants for the Stakeholder Advisory Group from the stakeholder
pool, City staff, and potentially from other communitybased organizations in underserved communities. The CRA team will prepare Stakeholder Advisory Group
meeting invitations and track invitations and RSVPs.

CRA will facilitate 8 meetings with the Ad Hoc
Committee, Transportation, and Executive
Committees. To inform as well as draw upon assets
within CVAG, CRA will make presentations to
CVAG’s Transportation Committee meetings and
Executive Committee meetings throughout the
three-year duration of the AML NI Program at key
decision making points. The CRA team will prepare
presentation content related to outreach efforts for
Transportation, Executive, and Ad Hoc Committee,
and other stakeholder meetings.

TASK 1 DELIVERABLES
• Meeting agendas, minutes
• Technical memos
• Staff reports and attachments
• Stakeholder list
• Ad Hoc Committee list
• Grant reporting materials
• Presentation materials
• Biweekly project meetings (in-person or
remote, as approved by CVAG)
• Ad Hoc Committee, stakeholders and
member agencies meetings (8 meetings)
• Transportation Committee (2 meetings)
• Executive Committee (2 meetings)
TASK 2: COMMUNITY

OUTREACH AND ENGAGEMENT
Prior engagement on the AML has been extensive,
robust, and impressive and this is the foundation of
the AML since 2018. The Ad Hoc Committee and
active stakeholders comprising the Stakeholder
Advisory Group will continue to be engaged and
will include community-based organizations (CBOs),
schools, communities in the project area including
families living in affordable housing. The diversity of publics engaged in the AML includes generational
diversity, which has been facilitated by intentional
collaboration with institutions and organizations for
the young and elderly. The Stakeholder Advisory
Group is best positioned for understanding how,
when, and where outreach in the project area will be
most effective, and whose networks will be a vital
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asset for achieving broad-based public engagement.

AA has been our engagement partner on the
AML throughout the earlier phases of the project.

Continuity and a track record of successful
collaboration with CVAG is a major asset that we
bring to the project. We have already achieved
project collaboration efficiencies – relationships,
communication protocols, and unparalleled project
understanding – that allow us to hit the ground
running with CVAG.

TASK 2.1: OUTREACH AND

ENGAGEMENT PLAN
CRA and AA, in collaboration with the stakeholder
group, will launch a new phase of outreach and
community engagement for the AML NI Program,
leading to the creation of an Outreach and
Engagement Plan (OEP) (draft and final). AA, with
input from CVAG, will prepare a detailed OEP that will
include parks’ and recreation centers’ information as
well as data from the technical team and community
engagement events throughout the development of
the AML NI Program. This OEP will identify outreach
methods and activities, as well as new stakeholders
to engage including students, residents, advocates,
and CBOs not previously involved in the project.

The OEP will consist of a strategy to fully engage
disadvantaged communities, including outreach in
multiple languages and through nontraditional means
to reach groups that may not typically participate
in the urban planning process. The OEP, utilizing
AML branding and visual approved as part of the
Promotional Toolkit (see examples below), will present
engagement dates informed by the Coachella Valley
communities. Schedules will include established
community events as well as potential events at ideal
locations for community engagement. The OEP will
include timeline and strategies for how to integrate
the project promotion and outreach events including
up to 22 pop-up events, 10 community events,
participatory challenges such as Bike to Work Day,
Bike to Work Month, or National Walk and Bike to
School Day. The Project will also work integrate the
SCAG Go Human toolkit for demonstration/safety
education classes/assemblies.

The OEP schedule will also be informed by the
academic calendar as part of the school-based
programs associated with the AML NI Program.

Outreach and engagement events will also be timed
with families’ working schedules and availability in
mind. The activities and materials of engagement
will be in formats appealing to the community, and
with an understanding of diverse learning styles for
widespread appeal. The goals for each outreach
activity will be defined by the project leadership,
informed by local communities and stakeholders.

A key piece of the OEP will be ongoing surveying
throughout all engagement activities for the duration
of the project. A paper and online survey tool will
be promoted at events, on the project website,
and distributed via all available electronic means of
communication (email, social media outlets).

The input generated through outreach will be
documented as part of the project process. The
input we hear from community members and other
stakeholders will continually inform the project as
it develops, particularly in terms of the conceptual
development of the educational curricula and
encouragement campaigns, the aesthetic/artistic
development of the AML, and subsequent outreach
opportunities and methods. As part of the initial
review of contacts AA will identify missing key
stakeholders in the communities of the project area
and recommend their inclusion in the project contacts
database. Identified groups will be considered
for specific targeted notification and engagement
during the outreach process. AA will maintain the
database throughout the Project and add contacts
as stakeholders join the project’s electronic mailing
list. The totality of the OEP along with the database
of stakeholders and their input will be reported in
an Appendix of Program Evaluation Report. This
information will also inform CVAG and advisory
committees, as appropriate.

TASK 2.2: PROJECT PROMOTION
At the onset of the project, CRA and AA will develop
a branding and style guide for use in the AML
Communications and Promotions Toolkit. This will
include branding and a project logo that refers to
the aesthetics of the natural beauty of the Coachella
Valley as well as the centrality of the arts to the region and to the AML NI Program. CRA’s graphic designer
will produce copy of public facing materials (draft
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and final) that can be presented in multiple forms (for screen viewing, physical copies, etc.) and through a
diversity of outlets (traditional media, online/social
media, and local media including school newspapers/
newsletters, etc.). Project promotion is essential
to inform stakeholders about the AML clearly and
coherently. The CRA team are experienced in
developing various strategies and collateral materials
based on and tailored to the needs of the project.

All materials will be translated into Spanish, following English content approval. The Communications and
Promotions Toolkit will present a plan for the strategic targeting of audiences, scheduled according to the
timing of engagement events, and according to
project milestones. The following materials will be
developed:
 Project Branding: AA will create visually
engaging project branding in alignment to
enhance project recognition and resonance. CRA
and AA will listen closely to the community about
the brand identity of the AML NI Program, such
that it will be context-sensitive and appealing
to residents and visitors alike. The brand will
reference the region as an icon of arts and
music, as a region that supports the arts from
within (uplifting local artists) and from without
(showcasing talent from beyond the Coachella
Valley). Materials utilizing project branding will
include promotional items, tabling materials
including posters, banners, or tablecloths. AA will
work with the Project Team to ensure graphics are
consistent with the CVAG’s branding guidelines.
 Communications and Promotional Toolkits:

AA will develop two Communications and
Promotional Toolkits, one for schools and
one for employers. The Toolkits will focus on
encouraging participation and feedback from
program partners and participants. Anticipated
partners include Riverside County Public Health,
Coachella Valley and Desert Sands Unified School
Districts, Cities of Coachella, Indio, La Quinta,
and Riverside County. Public facing materials will
be bilingual (English and Spanish) and include
an 11x17 poster, postcards, online/paper survey,
data gathering tools, and other items.
 Social Media: AA will develop, at minimum,
one social media post per month that can be
shared across social media platforms for CVAG
and partner cities’ accounts. Posts will be visually
appealing, informational, and provided in both
English and Spanish.
 Project Website: AA will develop a project
website for the AML NI Program to promote
outreach and education materials, document
activities, promote community events,
participatory challenges, pop-ups, walk audits,
and to facilitate data gathering for the AML
NI Program. AA will host the website and
post information about the project timeline,
background information, and toolkit resources.

There will also be opportunities to solicit
feedback from visitors on various elements of the
project. The website will also allow stakeholders
to submit feedback without attending outreach
events. It could include a simple online
mapping tool to identify current barriers and
recommendations for suggested improvements
around a given park, school, or community
activity site, and allow the ability to rank
improvements. Other interactive website activities
will be developed in coordination with CVAG and
the technical team.
 Traditional Media: AA will develop promotion for
radio, door to door notification, and telephone
and SMS campaign in coordination with CVAG.
 Youth Focused: The project team will work with
schools, recreation centers, public works, and
parks and recreation departments in the partner
cities to promote the project website and AML NI
program. The project website will be promoted
through each of the project schools through
school newsletters.
 Employer Focused: The project team will work
with employers, the Greater Coachella Valley
Chamber of Commerce, and local businesses to
promote the project website and AML program.

Additionally, “business cards” which will contain
a high-level summary of the project, the project’s
web address and a QR Code will be handed
out at the outreach events. At the conclusion of
the survey period, the Consultant will prepare a
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memorandum outlining the findings of the virtual
engagement platform.

TASK 2 DELIVERABLES
• Outreach and Engagement Plan
• Project Contact Database
• Communications and Promotional Toolkits
and collateral materials
TASK 3: EDUCATION AND

ENCOURAGEMENT ACTIVITIES
AA will plan and lead engagement events for this
program. This will include pop-up events, community
events, and participatory challenges such as Bike
to Work Day, Bike to Work Month, and National
Walk and Bike to School Day. Outreach at these
events will be conducted to promote the AML NI
Program and gather data from the community about
opportunities and challenges of active transportation
in the Coachella Valley. As part of all outreach events, active transportation incentives (such as merchandise,
bicycle helmets, lights and bells) will be incorporated to encourage participation.

TASK 3.1: COMMUNITY PARTNER

COORDINATION
To encourage participation and increase program
awareness, AA will utilize extended outreach
through community partners. AA will collaborate
with CBOs who will be compensated to implement
the notification plan utilizing their local networks
and communication tools. CBO partners will be
confirmed and on-boarded during the development
of the outreach and engagement plan and will
be asked to support outreach notification, host
or support facilitation at community events, and
serve as strategic advisors. AA will identify potential CBOs based on their proximity and relationship to
stakeholders within the project corridor, their interest in active transportation projects, and/or their ability to provide a local event venue to meet people where
they are already going. A potential partner includes
the Coachella Valley Housing Coalition, who can
assist with notifying stakeholders in their communities via pop-up events or by distributing door-hangers.

ASSUMPTIONS
 All collateral and notification materials will be
translated into Spanish
 CVAG will share branding guidelines
 Technical consultants will contribute to the
content of outreach materials
 Technical consultants will prepare maps and other
technical materials
TASK 3.2: POP-UP EVENTS
The intent of pop-up events is to connect projectspecific engagement with standing community functions, meetings, and events which have existing
audiences and participants. Pop-up events add great
value to the engagement process because it enables
the project to connect and interface with individuals
who may have meaningful input, but would not
have otherwise been interested in participating in
standalone project events. For this project, pop-up
events may include a safety demonstration events
(e.g., teaching riders how to properly navigate
across streets), bicycle rodeos, bicycle skills classes, bike safety assemblies, safety events in partnership
with local fire and police departments. All pop-ups
will have raffles and giveaways related to active
transportation to incentivize participation. Outreach
will integrate existing events such as at the Tamale
Festival and Date Festival, as well as coordination
with music and arts festivals (e.g., Coachella and
Stagecoach festivals).

TASK 3.3: COMMUNITY EVENTS
AA will organize and lead ten (10) community events.

This may include bike rides/trains, walking tours or
walking school buses to help educate the community
on roadway safety. The outreach team will engage
with local schools, the YMCA, and Boys and Girls
Clubs to promote safety and awareness to the youth
population. In addition, AA will collaborate with CBO
partners to assist with promoting the community
events to their audiences. The outreach team will
also seek to partner with the American Automobile
Association (AAA) on their bike safety program.
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Tabling at pop-ups and community events will involve
project materials dissemination, appealing visuals,
snacks and water, shade, and the opportunity to
provide input on the AML NI Program via a survey
or conversations with facilitators present . Promotion
of the AML NI Program and events associated with
the engagement campaign will also occur on public
kiosks and in parking lots associated with community
and arts events, through electronic communications
means (messaging through SMS and robocalls), and
through advertisements on radio stations such as
KCRI, KVRA, KKUU, and KPST.

The AML NI Program collaboration with area music
and arts festivals is a key part of the engagement
plan as it supplies the opportunity to simultaneously
address the needs of festival organizers (with regard
to transportation demand and environmental impact)
as well the needs of local communities and the
project team who are seeking the support of festival
organizers and festivalgoers alike. With AA, CRA will
lead in the planning and operations of bicycle services at music festivals of Coachella and Stagecoach,
specifically by offering bike valet services as well as bicycle maintenance services for festivalgoers. As
we elaborate in the Innovations section below, we
foresee student involvement in the festival’s bike
elements in the form of assisting with bike valet and
assisting with bicycle maintenance (the skills for which students will develop as part of the bicycle mechanics
after-school program).

TASK 3.4: COMMUNITY CHALLENGES
The project team will help organize and promote two
community participatory challenge events, such as a
Bike to Work Day, Bike to Work Month, or National
Walk and Bike to School Day. The goal of the these
activities is to ignite a sense of enthusiasm within
the community for walking and biking activities on
one designated day. AA will explore multifaceted
strategies including sustained promotional
efforts, enticing raffles, and thoughtful giveaways.

Collaborations with local businesses will be explored
to provide attractive incentives, while also considering partnerships with employers to offer participationbased rewards. AA will prepare a media toolkit for local news stations to promote the challenges.

TASK 3.5: ARTS PROGRAM AND BIKE

MECHANICS COURSE
CRA will collaborate with school’s art programs and
look for opportunities to incorporate art into the
AML project. This will include coordination with
arts instructors, students, administators to secure
and incorporate art work into the project procss for
marketing, visual materials.

The project team will work with CVAG to collaborate
with music festival organizers to incorporate bicycle
services. CRA will coordinate with a volunteer-run
community bike repair shop to teach youth how to
repair bikes and to educate interested community
members on the the fundamentals of establishing
and maintaining a volunteer-run repair shop that
serves as a cooperative community space. To create
efficiencies, the Team recommends collaborating
with organizations with experience to utilize and
build upon existing curriculum and models. This
approach seeks to learn from proven models of
success and is anticipated to help the CVAG region
establish similar sustainable models and programs.

TASK 3 DELIVERABLES
• Planning and attendance of up to twentytwo (22) pop-up events, ten (10) community events, and two (2) community challenges
• Coordination with festival organizers for bike
services
• Public facing materials needed per the
outreach and engagement strategy
including PowerPoint presentations, boards,
posters, and incentives
• Event documentation including photos,
summaries, and feedback received
• CBO partner onboarding and coordination
• Arts program
• Bike mechanics course
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TASK 4: EVALUATION AND

ASSESSMENT
TASK 4.1: GIS DATA COLLECTION
CRA -- in coordination with CVAG, the Stakeholder
Advisory Group, school districts and schools, the
County, the Cities of Coachella, Indio, and La
Quinta, and our project partners AA -- will conduct
an inventory of project area physical conditions and
assets of the project area, the neighborhoods of the
project area and proximate neighborhoods, areas
including the 11 schools that are part of the AML NI
Program. The elements of the built environment that
will be studied include sidewalks, street crossings,
bus stops, and bikeways/bicycle infrastructure. Our
analysis will include data on commercial and retail
establishments, community spaces, parks, community
centers, and religious facilities. Data collected will be relevant to metrics associated with Safe Routes To
School, Safe Routes To Parks, and Safe Routes For
Seniors planning and programs (see Task 5).

CRA will develop GIS maps using available data
sources and some inventory for each of the 11
school’s surrounding areas and the Empire Polo Fields
(where both Coachella and Stagecoach festivals are
held), displaying their mobility networks (including
street system, bikeways, sidewalks or missing sidewalk
locations, and bus stops). The maps will highlight key
land uses, destinations, and other points of interest.

Neighborhood boundaries, school enrollment areas,
and/or other potentially informative administrative
boundaries will also be displayed.

The maps will be used in the subsequent technical
tasks and products of this study, including the collision analysis (Task 4.2), mobility assessments (Task 4.4),
existing conditions (Task 4.6), and recommendations
maps (Task 5).

TASK 4.1 DELIVERABLES
• Technical memos and reports
• GIS mapping with metadata
TASK 4.2: BICYCLE AND PEDESTRIAN

COLLISION ANALYSIS
CRA will analyze a period of five years of recent
pedestrian and bicycle collision history in the cities of the study area (which include the 11 schools served
by the AML) using the client’s preferred source of
data, though if not otherwise specified then SWITRS/
TIMS records. The analysis will help identify trends,
issues, high collision locations, common collision
causes, and help determine which user group(s), if
any, are disproportionately represented among the
collisions. The findings will be presented on collision maps and supporting tables and summarized in a
technical memo according to Caltrans ATP guidelines.

The following attributes will be summarized by
frequency:
 Intersection and segment locations
 Worst injury outcome
 Party at-fault
 Primary Collision Factors and/or CA Vehicle Code
violations
Findings from collision analysis will be examined in
relationship to other technical analysis performed as
a part of this scope, including the existing conditions, bike/walk audits, and multimodal and summarized
in a technical memorandum (draft and final). The
project team will determine collision exposure
rates from crash frequencies and AADT (derived
from multimodal counts and “Big Data”, see Task

4.3), and assess those local conditions relative to
regional, state, and national rates and benchmarks;
this comparative section of the analysis will be
summarized into a scorecard of roadway health. CRA
can monitor collisions post-project during the lifespan of the study, with the caveat that making conclusions
about safety effects would require additional years
of collection. One helpful strategy for post-project
monitoring can be for the project team to set up an
online collision GIS map with capabilities to filter,
visualize and summarize the data by key attributes.

CRA can provide guidance to CVAG on how to
maintain this resource and update on an annual basis
with new records to assist with post-project safety
monitoring.
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TASK 4.2 DELIVERABLES
• Technical memos and reports
• GIS data, documentation, maps, and
summary tables
• Presentation materials
• Online collision GIS map and guidance for
maintenance
TASK 4.3: MULTIMODAL COUNTS
CRA will commission 24-hour multimodal roadway
segment/mid-block active transportation counts at
up to 45 locations. These include the AML “spurs”
leading to the project area schools (11 counts),
Avenue 48 between major intersections (10 counts),
at the 10 highest frequency collision locations (10
counts, Task 4.2), and at each of the two festivals (4
counts). Other locations will be chosen based on
results from Existing Conditions facility locations (z
10 counts, Task 4.6). We will deploy 24-hour counts
because they eliminate the necessity of extrapolation
relative to peak rates. Existing Conditions facility
locations will also influence the number of counts.

CRA will collect mode share data pre- and post-AML
construction. CRA will present our analysis of count
data by mode converted to annual average daily trips
(AADT) for collision analysis, and provided in tabular
and GIS data formats. To help estimate activity rates
in areas where count data is not collected, CRA will
use location-based services data (otherwise known
as “Big Data”) to extrapolate pedestrian and bicycle
volumes in other parts of the study area. CRA will use
ReplicaHQ to retrieve pedestrian and bicycling data,
to supplement the counts for the development of
the AADT estimates needed to determine exposure
rates for pedestrian and bicycle collisions. The use
of Big Data can also assist with post-project activity
monitoring.

TA S K 4 . 3 D E L I V E R A B L E S
• Technical memos and reports
• 24-hour counts in 45 locations
• GIS mapping with metadata
• ReplicaHQ Big Data to estimate pedestrian
and bicycle activity throughout the project
area
• Presentation materials
TASK 4.4: MOBILITY ASSESSMENTS
CRA will observe mobility conditions in the field at the 11 schools of the project area and the Empire Polo
Club that hosts the Coachella and Stagecoach music
and arts festivals. Mobility Assessments will include
Pedestrian Environment Quality Evaluation (PEQE)
as part of the analysis of pedestrian conditions, and
Level of Traffic Stress (LTS) as part of the analysis of bicycling conditions.

During visits to each school, CRA will canvass the
area surrounding the school, documenting the
attributes and deficiencies of transportation assets,
infrastructure, and presence of other support features
(crossing guards, school chaperons, etc.) next to
each school. Trip activity, routines and other travel
behavior which occur during pick-up and drop-off
periods will also be observed. During visits, CRA
will meet with administrators deeply familiar with
the school’s transportation issues to supplement our
understanding.

Similar efforts will be undertaken to do mobility
assessments at the Empire Polo Club, and in
coordination with festival organizers. In Year 1, CRA
will canvass the areas surrounding access to the
Empire Polo Club, documenting transportation assets
and infrastructure. Trip activity and festivalgoers’
routines will be observed. In Year 2, CRA, in
coordination with festival organizers, will deploy
a transportation plan and maps to test new active
transportation access to the festivals.

The information gathered to produce brief mobility
assessment reports for each school and the festival
site with issues map and recommendations on how
to improve their walking and bicycling conditions.

These assessments may result in various types of
recommendations such as new or improved crossing
locations, sidewalk repair, new signage, suggested
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routes to school or festival grounds, new bicycle
parking, and changes in vehicle pick-up/drop-off
routine.

TASK 4.4 DELIVERABLES
• Technical memos and reports
• GIS mapping with metadata
• Presentation materials
TASK 4.5: WALK AUDITS
CRA will conduct Walk Audits as part of the mobility
assessment. School administrators and other
stakeholders at each of the 11 schools, and at the
Empire Polo Club grounds that host Coachella
and Stagecoach will be invited to participate. Walk
Audits serve three functions for the AML NI Program:

They are an engagement activity, particularly of
students, parents, and educators, they are an
educational experience as participants learn how
to make systematic observations of roads and AT
infrastructure, and they contribute vital data for
understanding current AT conditions in the project
area.
final). Like the data collection process, this Memo
will be prepared in collaboration with CVAG, school
officials, city staff, and other stakeholders, and
culminate in presentations to various stakeholders
and project partners.

TA S K 4 . 6 D E L I V E R A B L E S
• Technical memos and reports
• GIS mapping and metadata
• Presentation materials
TASK 5: ENGINEERING
TASK 5.1: SAFE ROUTES TO SCHOOL,

SAFE ROUTES FOR SENIORS, SAFE

ROUTES TO FESTIVALS MAPS
CRA will develop maps to convey the safe/suggested
route recommendations identified in Task 4.4 for the
11 schools and the festival grounds. The purpose
of these maps is to help guide people, particularly
students, seniors, and visiting festivalgoers, to and
from their respective destinations, along direct
navigational routes from the destination’s surrounding
areas, along quality facilities, and which channel
travelers to safe and preferred street crossing
locations. The maps will be graphically appealing,
using intuitive design and symbology, and be public
facing. Formats will be optimized for screens and for
physical copies.

TASK 5.1 DELIVERABLES
• Technical memos and reports
• GIS mapping with metadata
• User maps
• Website mapping
• Presentation materials
TASK 5.2: PROJECT IMPLEMENTATION

STRATEGY RECOMMENDATIONS
Upon completion of all data collection and analysis
Tasks 4.1, 4.4, and 4.5 will be conducted on the
same day.

TASK 4.5 DELIVERABLES
• Technical memos and reports
• GIS mapping with metadata
TASK 4.6: EXISTING CONDITIONS AND

NEEDS ANALYSIS MEMO
Based on the data collection, evaluations, and
assessments of the physical and built environment
of the project area completed in the preceding
tasks, including bicycle and pedestrian collision
data, multimodal counts, mobility assessments and
bike and walk audits, CRA will prepare an Existing
Conditions and Needs Analysis Memo (draft and
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CRA will develop a Project Implementation Strategy
Recommendations Memorandum (draft and final).

The Memorandum will summarize CRA’s analyses of
data collected through our outreach, engagement,
education and encouragement efforts, as well as
our analyses of active transportation conditions and
the broader transportation network in the project
area. Based on those assessments, CRA will make a
prioritized recommendations list for infrastructure as
it relates to school/park access and programmatic
recommendations. This Project Implementation
Strategy Recommendations Memorandum will
be prepared in collaboration with CVAG, school
officials, city staff, and other stakeholders. Near the conclusion of the project, CRA will develop and lead
the presentation of the Memo to CVAG and project
stakeholders.

TASK 5.2 DELIVERABLES
• Technical memos and reports
• GIS mapping with metadata
• Presentation materials
TASK 6: PROGRAM EVALUATION
CRA will develop a comprehensive Program
Evaluation Report (draft and final) that will supply
a complete assessment of the effectiveness of the
public engagement activities, before and after
construction of the AML. Metrics for evaluation will
include:
 Stakeholders and project team member
feedback/evaluation
 Outreach results
 Effectiveness of Communications and Promotions
Toolkit
 AML design including arts implementation along
the AML
 Curriculum development at schools and for the
community
 Community challenges results
 Festival active transportation analyses and results
 Summaries of all data collection results,
including safety, multimodal counts, and mobility
assessments
This critical Program Evaluation Report allows for
continued learning of the AML project team and
stakeholders in terms of how the project unfolded,
identifying what was effective and what was
challenging, how challenges were overcome, and
documenting how project outcomes and goals were
met.

TASK 6 DELIVERABLE
• Program Evaluation Report

METHODS OF BUDGET AND

SCHEDULE CONTROL, AND

QUALITY CONTROL

BUDGET AND SCHEDULE CONTROLS
CRA has a track record of delivering high quality
projects on-schedule and within budget. Our
outstanding organizational skills and technical
capabilities in combination with the strong support
from our experienced and highly-qualified staff –
including our seamless internal team communication
developed over years of working together – will
ensure successful project completion.

CRA prepares and tracks detailed project schedules for each task including a customized critical path driven schedule with a detailed list of subtasks, milestones, deliverables, and completion dates. Each task and subtask listed match the work outlined in the Scope of Services.
93 CLICK HERE to Return to Agenda
p / 22 RESPONSE TO CVAG - AML ATP NI PROGRAM

ASSOCIATES PROFESSIONAL ENGINEERING AND PUBLIC OUTREACH SERVICES 2023.150 2023.150 4. Work Plan
CRA uses an interactive web-based management system to assist our project and task managers to successfully maintain control of a project budget by providing real-time status reports on performance, variances, forecasts, and expenditures for all project tasks. We apply earned value management as the primary means of monitoring project progress and forecasting performance by integrating the three fundamental components of every task order — scope, schedule, and budget. This allows CRA to evaluate and control project risk by planning and monitoring project performance.

CRA prepares and tracks detailed project schedules through Microsoft Project. The schedule will typically consist of a customized critical path method schedule with a detailed list of subtasks, milestones, deliverables, and completion dates. Each subtask listed would match the work outlined in the Scope of Work.

QUALITY ASSURANCE/QUALITY CONTROL
CRA takes pride in providing quality services and products. Our firm was founded on a commitment to fostering a workplace culture dedicated to delivering products that are accurate, well-written, based on sound analysis and industry/city specific design standards, and an assurance that final products have been thoroughly reviewed by our assigned quality assurance/quality control manager before submission.

Kickoff Discussion
Following contract
authorization, the
project team will
begin with a kickoff
meeting to establish
client expectations,
contract requirements, and task
scheduling.

Task & Review Scheduling
Schedules are designed
to include internal and
external reviews. This allows
the project manager and
QC reviewers to establish
timing and duration for
reviews.

Cross-Discipline & Compliance Reviews
QC leads perform compliance reviews
before submission of deliverables to
ensure regulatory compliance and
alignment with constructability criteria.

Progress Discussions
CRA team meets to review
comments and anticipated
project challenges to ensure
the project can proceed
without hindrance.

Work Products Checklist
Checklists for each
technical group and
project phase are used
by QC leads to ensure
accuracy and attention
to detail. Edits and notes
are digitally archived for
accessibility.

Redlines, Reviews & Notes
QC leads provide feedback
by “redlining” products
and using review forms.

Revisions are rechecked
to ensure corrections
have been successfully
implemented.

Quality Close-Out Process
Principal verifies QC
process implementation.

Check-ins culminate with a
final meeting to ensure contractual obligations have
been met and expectations
have been exceeded.

QA/QC Procedures
94 CLICK HERE to Return to Agenda
p / 23 RESPONSE TO CVAG - AML ATP NI PROGRAM

ASSOCIATES PROFESSIONAL ENGINEERING AND PUBLIC OUTREACH SERVICES 2023.150 2023.150 4. Work Plan
We have the policies and procedures in place to
ensure that our team delivers a quality product every
time. We acknowledge that quality and schedule
can compete — and, for us, quality always wins.

As a result, our project schedules consider time for
quality control and document revisions prior to each
submittal.

SPECIAL ISSUES OR PROBLEMS AND

HOW THESE WILL BE ADDRESSED
The challenges we identify with the AML NI
Program are associated with its ambitious scope
and associated numerous elements to manage. It
will take a team of experienced active transportation
professionals spanning multiple disciplines to
successfully manage this project so that it meets its
goals and desired outcomes. With our partners AA,
we present to CVAG a team assembled and equipped
to handle this exciting and ambitious project.

We are inspired by the ways in which public and
community engagement has already developed and
want to contribute our hands to the AML effort. The
complexity of this project is the greatest challenge,
but with our collective resources and assets, those
challenges will not be insurmountable.

ENHANCEMENTS OR PROCEDURAL OR

TECHNICAL INNOVATIONS (OPTIONAL)
CRA professionals express a scientific disposition to
our projects, while also bringing artistic sensibilities forward as well. The AML project, occupying the
nexus of transportation planning and the arts,
supplies the opportunity for CRA to apply our insights
and perspectives across a broad range of issues that
the AML contains. For this reason, CRA is excited
by the current structure of the AML NI Program as
presented in the RFP. In the process of preparing our
response, CRA developed additional enhancements
and innovations that we present for CVAG’s
consideration. They are:
 AML Promotional materials commissioned from
student artists/musicians/videographers
As the project develops and word of the AML
spreads through our various engagement events,
the AML can become the inspiration for the
creation of artworks. The education program
discussed above could include commissioning
artworks about the AML and AT from local
student artists/musicians.
 After-school Bicycle Mechanics course
We see tremendous value and potential
in helping to establish an after-school bike
mechanics course as part of the education and
encourage element of the public engagement
of the AML NI Program. This would also serve
as an opportunity for local professional bicycle
mechanics to collaborate with schools and
educators in developing a bicycle mechanics
curriculum.
 Students working at Bike Valet and Bicycle
Maintenance at Music Festivals
As part of the educational element of the AML
NI Program, students in the bicycle mechanics
course will have the opportunity to apply
what they are learning to serve festivalgoers
with bicycle needs. The reward for taking this
opportunity is free access to the festival.
95 CLICK HERE to Return to Agenda
p / 24 RESPONSE TO CVAG - AML ATP NI PROGRAM

ASSOCIATES PROFESSIONAL ENGINEERING AND PUBLIC OUTREACH SERVICES 2023.150 4. Work Plan
Schedule
Task 1 Project Management & Administration
Task 1 Project Kicko Meeting
Project Kicko Meeting (including agenda & minutes)
Task 1 Project Meetings
Bi-weekly Project Meetings (including agenda & minutes) Task 1 Ad-Hoc Committee/Stakeholder Advisory Group Meetings A-HC/SAG Meetings (and presentation deliverables)
Ad-Hoc Committee and Stakeholder List
Task 1 CVAG Transportation Committee Meetings (4)
Meetings (and presentation deliverables)
Task 1 CVAG Executive Committee Meetings (4)
Meetings (and presentation deliverables)
Task 2 Community Outreach and Engagement
Task 2.1 Community Outreach and Engagement
Task 2.2 Project Promotion
Outreach Engagement Plan
Project Contact Database
Communications and Promotions Toolkits
Task 3 Education and Encouragement Activities
Task 3 Public facing materials and event documentation
Task 3.1 Community Partner Coordination
Task 3.1 Community Partner Coordination
Task 3.2 Pop-Up Events
Task 3.3 Community Events
Task 3.4 Community Challenges
Task 3.2 Pop-Up Events (22)
Task 3.3 Community Events (10)
Task 3.4 Community Challenges (2)
Task 3.5 Coachella and Stagecoach -- research (Year 1)
Task 3.5 Bicycle planning, maps, valet, and maintenance services Task 3.5 Festival Bike Services
Task 4 Evaluation and Assessment
Task 4.1 GIS Data Collection
Task 4.1 GIS Data Collection (including deliverables)
Task 4.2 Bicycle and Pedestrian Collision Analysis
Collision Analysis (including deliverables)
Task 4.3 Multimodal Counts
24-hour counts in 45 locations
ReplicaHQ Big Data to estimate activity
Task 4.4 Mobility Assessments
Mobility Assessments at 11 schools, Spring 2024
Mobility Assessments at Empire Polo Club, Year 1
Technical Memos/Reports, GIS mapping, and presentations Task 4.5 Bike/Walk Audits
Bike/Walk Audits at 11 schools, Spring 2024
Bike/Walk Audits at Empire Polo Club, Year 1
Technical Memos/Reports, GIS mapping, and presentations Task 4.6 Existing Conditions and Needs Analysis Memo
Existing Conditions Needs Analysis Memo
Task 5 Engineering
Task 5.1 Safe Routes Maps
Task 5.1 GIS Mapping with Metadata
Task 5.1 User Maps
Task 5.1 Technical Memos and Reports and Presentation materials Task 5.2 Project Implementation Strategy Recommendations Task 5.2 Project Implementation Strategy Recommendations Memo Task 5.2 GIS Mapping with Metadata, and Presentation Materials Task 6 Program Evaluation
Task 6 Program Evaluation Report
        
                                 
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AML CONSTRUCTION - PROJECT MANAGEMENT AND OUTREACH ACTIVITIES ARE ONGOING 96 CLICK HERE to Return to Agenda
Task 1 Project Management and Administration $ 28,859 85,880 $ 114,739 $ Project Kick-Off Meeting $ 903 2,400 $ $ 3,303
Bi-weekly Project Management Meetings (up to 70) $ 32,820 $ 5,729 $ 38,549 Ad Hoc Committee Meetings (up to 8) $ 9,660 $ 12,201 $ 21,861 Transportation Committee Meetings (up to 2) $ 2,840 $ - $ 2,840 Executive Committee Meetings (up to 2) $ 2,840 $ - $ 2,840 Project Coordination and Invoicing $ 35,320 $ 10,026 $ 45,346 Task 2 Community Outreach and Engagement $ 23,780 $ 57,359 $ 81,139

2.1 Outreach and Engagement Plan $ 4,120 $ 7,909 $ 12,029

2.2 Project Promotion $ 19,660 $ 49,450 $ 69,110
Task 3 Education and Encouragement Activities $ 54,540 $ 181,428 $ 235,968

3.1 Community Partner Coordination $ - $ 11,068 $ 11,068

3.2 Pop-Up Events (Up to 22) $ 10,840 $ 36,955 $ 47,795

3.3 Community Events (Up to 10) $ 22,000 $ 88,446 $ 110,446

3.4 Community Challenges (Up to 2) $ 1,720 $ 20,944 $ 22,664

3.5 Arts Program and Festival Coordination $ 11,040 $ 11,426 $ 22,466

3.6 Bike Mechanics Course $ 8,940 $ 12,591 $ 21,531
Task 4 Evaluation and Assessment $ 109,700 $ - $ 109,700

4.1 GIS Data Collection $ 26,080 $ - $ 26,080

4.2 Bicycle and Pedestrian Collision Analysis $ 15,100 $ - $ 15,100

4.3 Multimodal Counts $ 10,630 $ - $ 10,630

4.4 Mobility Assessments $ 19,260 $ - $ 19,260

4.5 Bike/Walk Audits $ 19,670 $ - $ 19,670

4.6 Existing Conditions and Needs Analysis Memo $ 18,960 $ - $ 18,960 Task 5 Engineering $ 47,285 $ - $ 47,285

5.1 Safe Routes for Youth/Seniors/Festival Maps $ 19,540 $ - $ 19,540

5.2 Project Implementation Strategy Recommendations $ 27,745 $ - $ 27,745 Task 6 Program Evaluation $ 57,110 $ - $ 57,110
Draft Program Evaluation Report $ 34,240 $ - $ 34,240
Revised Program Evaluation Report $ 16,160 $ - $ 16,160 Final Program Evaluation Report $ 6,710 $ - $ 6,710
$ 378,295 $ 267,646 $ 645,941
$ 21,000 $ 112,000 $ 133,000
$ 379,646 399,295 $ 778,941 $
$ 155,788
$ 934,730
20% Contingency
Grand Total
Coachella Valley Association of Governments
Arts & Music Line ATP Non-Infrastructure Program
The CRA Team Fee Proposal
CRA Total
CRA AA
Labor Subtotal
Direct Cost Subtotal
No. Task Description Total by Task
97 CLICK HERE to Return to Agenda
Coachella Valley Association of Governments
Arts & Music Line ATP Non-Infrastructure Program
Fee Proposal - CRA
Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Task 1 Project Management and Administration 25 8,500$ 170 44,200$ 134 22,780$ - - $ - -$ 24 3,600$ - -$ - - $ - - $ - -$ - -$ 40 6,800$ 393 85,880$ Project Kick-Off Meeting 2 680$ 4 1,040$ 4 680$ - - $ - -$ - -$ - -$ - - $ - - $ - -$ - -$ - -$ 10 2,400$ Bi-weekly Project Management Meetings (up to 70) 8 2,720$ 70 18,200$ 70 11,900$ - - $ - -$ - -$ - -$ - - $ - - $ - -$ - -$ - -$ 148 32,820$ Ad Hoc Committee Meetings (up to 8) 3 1,020$ 24 6,240$ - -$ - - $ - -$ 16 2,400$ - -$ - - $ - - $ - -$ - -$ - -$ 43 9,660$ Transportation Committee Meetings (up to 2) 2 680$ 6 1,560$ - -$ - - $ - -$ 4 600$ - -$ - - $ - - $ - -$ - -$ - -$ 12 2,840$ Executive Committee Meetings (up to 2) 2 680$ 6 1,560$ - -$ - - $ - -$ 4 600$ - -$ - - $ - - $ - -$ - -$ - -$ 12 2,840$ Project Coordination and Invoicing 8 2,720$ 60 15,600$ 60 10,200$ - - $ - -$ - -$ - -$ - - $ - - $ - -$ - -$ 40 6,800$ 168 35,320$ Task 2 Community Outreach and Engagement 6 2,040$ 24 6,240$ 26 4,420$ - - $ - -$ - -$ 30 4,050$ - - $ - - $ 22 3,630$ 20 3,400$ - -$ 128 23,780$

2.1 Outreach and Engagement Plan 2 680$ 8 2,080$ 8 1,360$ - - $ - -$ - -$ - -$ - - $ - - $ - -$ - -$ - -$ 18 4,120$

2.2 Project Promotion 4 1,360$ 16 4,160$ 18 3,060$ - - $ - -$ - -$ 30 4,050$ - - $ - - $ 22 3,630$ 20 3,400$ - -$ 110 19,660$ Task 3 Education and Encouragement Activities - -$ 33 8,580$ 96 16,320$ - - $ - -$ 79 11,850$ 62 8,370$ - - $ - - $ 20 3,300$ 36 6,120$ - -$ 326 54,540$

3.1 Community Partner Coordination - -$ - -$ - -$ - - $ - -$ - -$ - -$ - - $ - - $ - -$ - -$ - -$ - -$

3.2 Pop-Up Events (Up to 22) - -$ 8 2,080$ 12 2,040$ - - $ - -$ 24 3,600$ 8 1,080$ - - $ - - $ - -$ 12 2,040$ - -$ 64 10,840$ 3.3 Community Events (Up to 10) - -$ 16 4,160$ 40 6,800$ - - $ - -$ 32 4,800$ 16 2,160$ - - $ - - $ - -$ 24 4,080$ - -$ 128 22,000$ 3.4 Community Challenges (Up to 2) - -$ 4 1,040$ 4 680$ - - $ - -$ - -$ - -$ - - $ - - $ - -$ - -$ - -$ 8 1,720$ 3.5 Arts Program at Schools - -$ 3 780$ 24 4,080$ - - $ - -$ 3 450$ 18 2,430$ - - $ - - $ 20 3,300$ - -$ - -$ 68 11,040$ 3.6 Bike Mechanics Course - -$ 2 520$ 16 2,720$ - - $ - -$ 20 3,000$ 20 2,700$ - - $ - - $ - -$ - -$ - -$ 58 8,940$ Task 4 Evaluation and Assessment 10 3,400$ 34 8,840$ 1 170$ 4 1,160$ 70 14,700$ 200 30,000$ 148 19,980$ 14 4,270$ 30 7,050$ 122 20,130$ - -$ - -$ 633 109,700$

4.1 GIS Data Collection 1 340$ 4 1,040$ - -$ 2 580$ 20 4,200$ 55 8,250$ 46 6,210$ 4 1,220$ 4 940$ 20 3,300$ - -$ - -$ 156 26,080$

4.2 Bicycle and Pedestrian Collision Analysis 2 680$ 2 520$ - -$ - - $ 16 3,360$ 64 9,600$ - -$ - - $ 4 940$ - -$ - -$ - -$ 88 15,100$ 4.3 Multimodal Counts - -$ 2 520$ - -$ - - $ 2 420$ 4 600$ 8 1,080$ - - $ 6 1,410$ 40 6,600$ - -$ - -$ 62 10,630$

4.4 Mobility Assessments 2 680$ 6 1,560$ - -$ - - $ 20 4,200$ 40 6,000$ 24 3,240$ - - $ 4 940$ 16 2,640$ - -$ - -$ 112 19,260$

4.5 Bike/Walk Audits 1 340$ 8 2,080$ 1 170$ - - $ 4 840$ 21 3,150$ 30 4,050$ 4 1,220$ 8 1,880$ 36 5,940$ - -$ - -$ 113 19,670$

4.6 Existing Conditions and Needs Analysis Memo 4 1,360$ 12 3,120$ - -$ 2 580$ 8 1,680$ 16 2,400$ 40 5,400$ 6 1,830$ 4 940$ 10 1,650$ - -$ - -$ 102 18,960$ Task 5 Engineering 4 1,360$ 20 5,200$ 6 1,020$ 8 2,320$ 40 8,400$ 88 13,200$ - -$ 8 2,440$ 28 6,580$ 41 6,765$ - -$ - -$ 243 47,285$

5.1 Safe Routes for Youth/Seniors/Festival Maps 2 680$ 8 2,080$ 2 340$ - - $ 24 5,040$ 60 9,000$ - -$ 2 610$ 2 470$ 8 1,320$ -$ - -$ 108 19,540$

5.2 Project Implementation Strategy Recommendations 2 680$ 12 3,120$ 4 680$ 8 2,320$ 16 3,360$ 28 4,200$ - -$ 6 1,830$ 26 6,110$ 33 5,445$ - -$ - -$ 135 27,745$ Task 6 Program Evaluation 10 3,400$ 48 12,480$ 82 13,940$ 4 1,160$ 18 3,780$ 54 8,100$ 92 12,420$ 6 1,830$ - - $ - -$ - -$ - -$ 314 57,110$ Draft Program Evaluation Report 6 2,040$ 24 6,240$ 48 8,160$ 4 1,160$ 12 2,520$ 32 4,800$ 60 8,100$ 4 1,220$ - - $ - -$ - -$ - -$ 190 34,240$ Revised Program Evaluation Report 3 1,020$ 16 4,160$ 24 4,080$ - - $ 6 1,260$ 16 2,400$ 24 3,240$ - - $ - - $ - -$ - -$ - -$ 89 16,160$ Final Program Evaluation Report 1 340$ 8 2,080$ 10 1,700$ - - $ - -$ 6 900$ 8 1,080$ 2 610$ - - $ - -$ - -$ - -$ 35 6,710$ 55 18,700$ 329 85,540$ 345 58,650$ 16 4,640$ 128 26,880$ 445 66,750$ 332 44,820$ 28 8,540$ 58 13,630$ 205 33,825$ 56 9,520$ 40 6,800$ 2037 378,295 $ Traffic Engineer Senior Graphic Design Senior Project Accountant CRA Labor Cost Senior Traffic Engineer Jonathan Sanchez
$235.00 $165.00 $170.00 $170.00
No. Task Description Cristian Belmudez Rene Rivas Claudia Joaquin Principal-in-Charge Project Manager Deputy Project Manager $340.00 $260.00 $170.00
Monique Chen Jenny An Lars Christiansen Adam Chase
$290.00
Lead Engineer
Ross Duenas
$305.00
Senior Trans.

Planner/GIS Trans. Planner/GIS Assistant Trans. Planner Technical Advisor Sasha Jovanovic
$210.00
Eric Sindel Annabel Grealish
$150.00 $135.00
Labor Subtotal
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Coachella Valley Association of Governments
Arts & Music Line ATP Non-Infrastructure Program
Fee Proposal - AA
Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Task 1 Project Management and Administration - - $ 130 23,274 $ 4,088 30 $ 1,496 14 $ - - $ - - $ 174 28,859 $ Project Kick-Off Meeting - - $ 2 358 $ 4 545 $ - $ - - - $ - - $ 6 903 $ Bi-weekly Project Management Meetings (up to 70) - - $ 32 5,729 $ - - $ - $ - - - $ - - $ 32 5,729 $ Ad Hoc Committee Meetings (up to 8) - - $ 40 7,161 $ 26 3,543 $ 1,496 14 $ - - $ - - $ 80 12,201 $ Transportation Committee Meetings (up to 2) - - $ - $ - - - $ - $ - - - $ - - $ - $ - Executive Committee Meetings (up to 2) - - $ - $ - - - $ - $ - - - $ - - $ - $ - Project Coordination and Invoicing - - $ 56 10,026 $ - - $ - $ - - - $ - - $ 56 10,026 $ Task 2 Community Outreach and Engagement - - $ 44 7,877 $ 50 6,814 $ 7,588 71 $ 120 17,636 $ 17,443 192 $ 57,359 477 $

2.1 Outreach and Engagement Plan - - $ 12 2,148 $ 16 2,180 $ 855 8 $ - - $ 30 2,726 $ 7,909 66 $

2.2 Project Promotion - - $ 32 5,729 $ 34 4,634 $ 6,733 63 $ 120 17,636 $ 14,718 162 $ 49,450 411 $ Task 3 Education and Encouragement Activities - - $ 204 36,522 $ 258 35,160 $ 398 42,538 $ 4,703 32 $ 688 62,505 $ 1,580 181,428 $

3.1 Community Partner Coordination - - $ 14 2,506 $ 545 4 $ 24 2,565 $ - - $ 60 5,451 $ 102 11,068 $

3.2 Pop-Up Events (Up to 22) - - $ 30 5,371 $ 40 5,451 $ 100 10,688 $ - $ 170 - 15,445 $ 36,955 340 $

3.3 Community Events (Up to 10) - - $ 110 19,693 $ 150 20,442 $ 180 19,238 $ - - $ 320 29,072 $ 88,446 760 $

3.4 Community Challenges (Up to 2) - - $ 18 3,223 $ 32 4,361 $ 4,275 40 $ - - $ 100 9,085 $ 190 20,944 $

3.5 Festival Bike Services - - $ 16 2,864 $ 24 3,271 $ 2,565 24 $ - - $ 30 2,726 $ 11,426 94 $

3.6 Bike Mechanics Course - - $ 16 2,864 $ 1,090 8 $ 3,206 30 $ 32 4,703 $ 727 8 $ 94 12,591 $ Task 4 Evaluation and Assessment - - $ - $ - - - $ - $ - - - $ - - $ - $ -

4.1 GIS Data Collection - - $ - $ - - - $ - $ - - - $ - - $ - $ -

4.2 Bicycle and Pedestrian Collision Analysis - - $ - $ - - - $ - $ - - - $ - - $ - $ -

4.3 Multimodal Counts - - $ - $ - - - $ - $ - - - $ - - $ - $ -

4.4 Mobility Assessments - - $ - $ - - - $ - $ - - - $ - - $ - $ -

4.5 Bike/Walk Audits - - $ - $ - - - $ - $ - - - $ - - $ - $ -

4.6 Existing Conditions and Needs Analysis Memo - - $ - $ - - - $ - $ - - - $ - - $ - $ - Task 5 Engineering - - $ - $ - - - $ - $ - - - $ - - $ - $ -

5.1 Safe Routes for Youth/Seniors/Festival Maps - - $ - $ - - - $ - $ - - - $ - - $ - $ -

5.2 Project Implementation Strategy Recommendations - - $ - $ - - - $ - $ - - - $ - - $ - $ - Task 6 Program Evaluation - - $ - $ - - - $ - $ - - - $ - - $ - $ - Draft Program Evaluation Report - - $ - $ - - - $ - $ - - - $ - - $ - $ - Revised Program Evaluation Report - - $ - $ - - - $ - $ - - - $ - - $ - $ - Final Program Evaluation Report - - $ - $ - - - $ - $ - - - $ - - $ - $ - 0- $ 378 67,673 $ 338 46,063$ 483 51,623$ 152 22,339 $ 880 79,948$ 2231 267,646 $ $ 12,000
$ 36,000
$ 20,000
$ 18,000
$ 4,000
$ 22,000
$ 112,000
AA Total 379,646$
Outreach Supplies (Merchandise, giveaways, promotional
items, refreshments, branded materials)
CBO Partnerships
Travel
Labor Subtotal
Direct Cost Expenses
Printing
Written Spanish translations
Direct Cost Subtotal
No. Task Description
Bike Repair & Co-Op Repair Shop Course (includes CBO
compensation, venue fees, transportation for field trip to LA, video production for virtual course)
$146.97 $90.85
Project Manager Project Coordinator /
Tech Coordinator
$0.00 $179.03 $136.28 $106.88
AA Labor Cost
Jessica Harleaux Stephanie Espinoza Jennifer Velazquez Kyle Santiago support staff Creative Lead Senior Project
Coordinator
Deputy Project
Manager
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City of La Quinta
CITY COUNCIL MEETING: JANUARY 16, 2024

STAFF REPORT
AGENDA TITLE: APPROVE RESIDENCY REQUIREMENT REVISION TO VETERANS

RECOGNITION PROGRAM CRITERIA

RECOMMENDATION
Approve residency requirement revision to Veterans Recognition Program criteria.

EXECUTIVE SUMMARY
• The City recognizes La Quinta veterans for their service by honoring them at the annual Veterans Recognition Ceremony at City Hall.
• The criteria for veteran honorees includes a residency requirement of three years for veterans who served from 1954 to the present day. There is no minimum residency requirement for veterans who served prior to 1954. • Revising the residency requirement date to 1970 establishes more inclusive criteria for senior veterans.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
The City recognizes La Quinta veterans for their service by honoring them at the annual Veterans Recognition Ceremony at City Hall. Nominations are submitted by community members and reviewed by City staff. Honoree criteria includes the following:
• Active military who served in 1954 and after must be a past or current resident for a minimum of three years;
• Active military who served in 1953 and before must be a past or current resident; no minimum years;
• Honorable discharge from service; and
• Proof of military service
CONSENT CALENDAR ITEM NO. 5
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All branches of the military identified by the Department of Veterans Affairs, including reservists, who served a minimum of six years are considered.

Council approved the nomination criteria in 2022, at which time, 1953 was a reasonable date to determine residency requirements. However, staff recommends revising the residency requirement date to 1970 to establish more inclusive parameters for senior veterans and allow the City to honor the older generation of service members who recently became La Quinta residents.

ALTERNATIVES
Council may choose not to modify the honoree criteria.

Prepared by: Michael Calderon, Community Services Management Analyst Approved by: Christina Calderon, Deputy Director Community Services Attachment: 1. Revised Veterans Recognition Form
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Full Address:

First Name: Last Name:

E-Mail: Phone:

La Quinta Resident From: To:

Full Address:

First Name: Last Name:

Branch/Rank: (Examples: SP4, SGT,PFC)
Dates of Active Service:

VETERANS RECOGNITION

F O R M
The City of La Quinta is so proud to be home to many distinguished Veterans from all branches of service. We celebrate the accomplishments of these individuals with a ceremony in their honor and engrave their name, rank, and years of service on the Veterans Acknowledgement Monuments on the Civic Center Campus.

I F Y O U A R E S U B M I T T I N G O N B E H A L F O F T H E V E T E R A N , P L E A S E C O M P L E T E :

PLEASE ATTACH A COPY OF HONORABLE SEPARATION PAPERWORK AND A PICTURE OF THE VETERAN IN UNIFORM WITH THIS APPLICATION AND EMAIL TO [email protected] APPLICATIONS WITHOUT HONORABLE SEPARATE PAPERWORK WILL NOT BE ACCEPTED.

V E T E R A N ’ S I N F O R M A T I O N
General Requirements:

1. Served our Country in Active Duty.

2. Honorable separation from service.
(Please attach DD214 form, Honorable
discharge Certificate, or equivalent
showing active service and honorable
separation).

Residency Requirements:
3a. ACTIVE MILITARY from 1969 and EARLIER
Must have been a past or current resident
of La Quinta (No minimum years).
3b. ACTIVE MILITARY from 1970 to PRESENT
Must have been a past or present resident
of La Quinta for a minimum of 3 years.

To qualify for this program, you must meet the following requirements:

E-Mail: Phone:

ATTACHMENT 1
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City of La Quinta
CITY COUNCIL MEETING: January 16, 2024

STAFF REPORT
AGENDA TITLE: APPROVE PURCHASE OF ITERIS TRAFFIC SIGNAL VIDEO

DETECTION EQUIPMENT FOR THE INTERSECTION AT DUNE PALMS ROAD AND

DESERT CREST DRIVE

RECOMMENDATION
Approve the purchase of traffic signal video detection equipment for the intersection at Dune Palms Road and Desert Crest Drive from select source Iteris; and authorize the City Manager to execute the purchase order.

EXECUTIVE SUMMARY
• City recently purchased traffic signal video detection equipment (Equipment) from Iteris in the amount of $29,017.16 to replace the end-of-life system at the intersection of Avenue 52 and Desert Club Drive.
• The Equipment at the intersection of Dune Palms Road and Desert Crest Drive has been identified as in need of replacement.
• City uses the Iteris video detection system for all traffic signal video detection equipment and must replace the end-of-life equipment with Iteris for compatibility with the existing system.
• Staff is requesting Council approval as the cost of the equipment for Dune Palms Road and Desert Crest Drive will exceed the City’s purchasing policy requirements.

FISCAL IMPACT
The estimated cost of the Equipment for Dune Palms Road and Desert Crest Drive is $26,686.33 (including tax). Sufficient funds are available in the Traffic Signal Maintenance budget. (2324TMI).

BACKGROUND/ANALYSIS
City recently purchased traffic signal video detection equipment from Iteris to replace the failing Equipment at the intersection of Avenue 52 and Desert Club Drive in the amount of $29,017.16 (including tax). Staff has identified that the Equipment at the intersection of Dune Palms Road and Desert Crest Drive has reached end-of-life and is failing.

CONSENT CALENDAR ITEM NO. 6
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City utilizes equipment from Iteris as it is compatible with the City’s existing system. Staff is requesting Council approval as the purchase of the equipment for Dune Palms Road and Desert Crest would exceed the City’s purchasing policy requirements.

ALTERNATIVES
Staff does not recommend an alternative, as the existing equipment is failing.

Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Iteris Quote

2. Select Source Form

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Iteris, Inc.
1700 Carnegie Avenue
Suite 100
Santa Ana, CA 92705-5551
Michael Girardot-A
RodefX
Phone:

Email: [email protected]

EQUIPMENT QUOTATION
Quote #00014110
December 12, 2023
Iteris, Inc. Confidential December 12, 2023 Page 1 of 2 Agency: La Quinta, City of
Contractor:

Project Name: 2023121230 La Quinta Dune Palms at Desert Crest and Avenue 52 at Desert Club
Reference: 2023121230 La Quinta Dune Palms at Desert Crest and Avenue 52 at Desert Club
Delivery Term: FOB Destination
Payment Terms: NET 30 Days
Sales Rep:

Fax or email Purchase Orders to: 949-270-9441 or [email protected]. Please include Quote Number on your Purchase Order. Prices are valid for 30 days from the date of quote unless extended in writing. Prices on this quote include material only unless otherwise stated. For questions regarding this quotation, please contact the representative listed above.

Avenue 52 at Desert Club
Product Name Product Description Qty Unit Price Price Discount % Ext. Price Adjustable Swivel
Monitor Bracket
Mon-Brkt-Swvl Adjustable Swivel Monitor Bracket 1 $165.00 $165.00 $165.00 APEX-CAB-INT-PAK Cabinet Interface Unit Assembly, CI PAK Includes Pack out kit ,Cabinet Interface, CI Cabinet Interface Unit Assembly
Ship kit Cabinet Interface and Surge Protector NEMA TS2 Port,BIU-15 1 $7,875.00 $7,875.00 15 $6,693.75
APEX-CAM-3W-PAK APEX CAMERA 3-WIRE PAK 2 $3,558.00 $7,116.00 15 $6,048.60 APEX-PWR-3W-PAK POWER INJECTOR, SURGE PANEL ASSEMBLY, 3 WIRE 1 $3,774.00 $3,774.00 15 $3,207.90 APEX-VEC-3W SENSOR ASSEMBLY, HYBRID, 3 WIRE 2 $5,508.00 $11,016.00 15 $9,363.60 CAMBRKT4 Camera Mounting Bracket, Universal Pedestal 2 $152.00 $304.00 $304.00 MON-10LCD-SL 10 in. Color LCD Monitor, Sunlight Viewable, 2 composite video inputs, 1 VGA input, 1 HDMI input (NTSC/PAL)
1 $504.00 $504.00 $504.00
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 $416.00 $416.00 15 $353.60
TS2 CABLE SDLC Cable for TS2 VRACK 1 $42.00 $42.00 $42.00 TURN ON SUPPORT Turn on requests outside of normal business hours M F 8:00am 5:00pm will require a $1,800.00 additional charge
1 $0.00 $0.00 $0.00
$26,682.45
Dune Palms at Desert Crest
Product Name Product Description Qty Unit Price Price Discount % Ext. Price Adjustable Swivel
Monitor Bracket
Mon-Brkt-Swvl Adjustable Swivel Monitor Bracket 1 $165.00 $165.00 $165.00 ATTACHMENT 1
107
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Iteris, Inc.
1700 Carnegie Avenue
Suite 100
Santa Ana, CA 92705-5551
Michael Girardot-A
RodefX
Phone:

Email: [email protected]

EQUIPMENT QUOTATION
Quote #00014110
December 12, 2023
Iteris, Inc. Confidential December 12, 2023 Page 2 of 2 Dune Palms at Desert Crest
Product Name Product Description Qty Unit Price Price Discount % Ext. Price APEX Cable Cable, Camera, Black, White, Green, 16AWG. 600V, 90 Deg C, Dir Burial. Provided in 1000 foot spools and priced per foot.
1000 $0.97 $970.00 $970.00
APEX-CAB-INT-PAK Cabinet Interface Unit Assembly, CI PAK Includes Pack out kit ,Cabinet Interface, CI Cabinet Interface Unit Assembly
Ship kit Cabinet Interface and Surge Protector NEMA TS2 Port,BIU-15 1 $7,875.00 $7,875.00 15 $6,693.75
APEX-CAM-3W-PAK APEX CAMERA 3-WIRE PAK 1 $3,558.00 $3,558.00 15 $3,024.30 APEX-PWR-3W-PAK POWER INJECTOR, SURGE PANEL ASSEMBLY, 3 WIRE 1 $3,774.00 $3,774.00 15 $3,207.90 APEX-VEC-3W SENSOR ASSEMBLY, HYBRID, 3 WIRE 2 $5,508.00 $11,016.00 15 $9,363.60 MON-10LCD-SL 10 in. Color LCD Monitor, Sunlight Viewable, 2 composite video inputs, 1 VGA input, 1 HDMI input (NTSC/PAL)
1 $504.00 $504.00 $504.00
PELCO0175 Pelco Camera Bracket - stainless steel hardware, 6ft. pole 1 $215.00 $215.00 $215.00 SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 $416.00 $416.00 15 $353.60
TS2 CABLE SDLC Cable for TS2 VRACK 1 $42.00 $42.00 $42.00 TURN ON SUPPORT Turn on requests outside of normal business hours M F 8:00am 5:00pm will require a $1,800.00 additional charge
1 $0.00 $0.00 $0.00
$24,539.15
Important Notes: Total before
Discount:
$59,747.00
SUBTOTAL $51,221.60
FREIGHT Allowed
This quotation and any resulting order are subject to Iteris’ Roadway Sensor Products Standard Terms and Conditions of Sale attached hereto or available at http://www.iteris.com/RS-Std-TC.pdf, which are incorporated herein by this reference.

TAX $4,481.89
RodefX is an authorized Iteris Sales Representative for Iteris Roadway Sensors products and may sign quotations on Iteris’ behalf with a total sales price of $80,000 or less. Quotations that exceed $80,000 in total price must be approved by an Authorized Iteris Signature. TOTAL: $55,703.49 Authorized Iteris Signature Date Michael Girardot, RodefX 108
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Iteris Roadway Sensor Products
Standard Terms and Conditions of Sale
Version Update: 2022-12-21 1 of 2 Iteris Roadway Sensor Products Standard Terms and Conditions of Sale

1. Sole Agreement. These Standard Terms and Conditions of Sale for the sale and purchase of goods and services between Iteris, Inc. (“Iteris”) and the purchaser or buyer (“Purchaser”) indicated on the face of the price quotation, proposal, contract, sales order or offer from Iteris constitute the entire agreement between Iteris and Purchaser (the “Agreement”) and supersede any prior agreement or understanding, whether oral or written, relating to the subject matter of this Agreement. Iteris shall not be bound by any terms or conditions not set forth in this Agreement, including but not limited to, any purchase order or purchase contract (“Order”) from Purchaser that is in any way inconsistent with or in addition to this Agreement. This Agreement may not be expanded or modified except by an instrument in writing executed by an authorized representative of Iteris. Iteris’ acceptance of Purchaser’s Order shall not be deemed an acceptance of any modification to any term or condition contained herein, but rather an acceptance of Purchaser’s agreement to purchase goods and services upon the terms set forth in this Agreement. All Orders, whether or not based on specific quotations, are subject to Iteris’ acceptance by an authorized Iteris representative. Notwithstanding the foregoing, if Purchaser is purchasing a Subscription Service (defined below), such services are subject to a separate service agreement that Purchaser will be required to accept and agree, and nothing in the Subscription Services agreement shall be construed to modify the terms and conditions of this Agreement for other products and services subject to this Agreement. “Subscription Service(s)” means an Iteris service offering, of which access and use is subject to a subscription fee, including without limitation, Iteris SPM, VantageLive!, and ClearGuide, and all respective subsequent variations and versions.

2. Shipment. All prices are in United States Dollars (USD or $) and quoted FCA (Free Carrier at named point, Incoterms® 2010), or in jurisdictions that have not adopted Incoterms®, FOB at the shipping point of Iteris, Inc. Title to goods and its related services sold hereunder (individually, a “Product” and collectively, “Products”) shall pass to the Purchaser upon delivery of Products to the carrier. Iteris, however, retains a security interest and a vendor’s lien against the Products until payment in full is received. Purchaser agrees to perfect and maintain such security interest for Iteris. In the absence of specific written instructions that Iteris has accepted, Iteris will ship Products by what it deems to be the most appropriate method for shipment. Although Iteris may transact for carriage, all freight charges and insurance premiums will be for the account of Purchaser. Upon delivery to the carrier, Purchaser assumes all risk of loss. Any such loss shall not relieve Purchaser of its obligation to pay Iteris in full for Products, freight and insurance. Purchaser shall have the right to negotiate with the carrier and/or insurer to recoup its loss.

3. Delivery. Standard shipments to Purchaser will be approximately 30-45 days after receipt of an Order. In the event that Purchaser requests a guaranteed ship date, Iteris reserves the right, after notice to Purchaser, to include in the final purchase price any expenses which increase the cost of production or delivery, including but not limited to, expediting and overtime expenses, parts procurement premiums, etc. Iteris reserves the right to ship complete orders in advance of the ship dates specified and, with prior approval from Purchaser, partial orders. Iteris shall not be liable for either delays in delivery or the failure to manufacture if such delay or failure is due to causes beyond Iteris’ reasonable control, including but not limited to, acts of God, acts or omissions of either Purchaser or third parties, intervention of any government authority, strikes, lockouts or other labor disturbances, floods, fires, earthquakes, epidemics, quarantines, riots, wars, delays in transportation, or where Iteris is unable to obtain necessary labor, materials or manufacturing facilities. In the event of such delay or failure, the delivery date shall be extended for a period equal to the time lost by reason of the delay or failure.

4. Payment Terms. Unless an authorized Iteris representative agrees upon different credit terms in writing at the time of acceptance of Purchaser’s order, the standard terms of payment shall be cash or wire transfer of funds in advance of shipment or, for international shipments, Irrevocable Sight Letter of Credit collectable within thirty (30) days after shipment. Iteris’ obligation to deliver Products is subject to Purchaser’s compliance with the foregoing payment terms, or in the event credit is granted by Iteris, any such credit terms provided.

Iteris may at any time, in its reasonable business judgment, if the financial condition of Purchaser warrants, either alter the credit terms or suspend credit and delay delivery until such time as the revised credit terms are met. Iteris shall have the right to cancel any unfilled order, or delay its shipment, for failure of Purchaser to meet its payment schedule or obligations. In the event any payment is not made when due, Iteris shall have the right to accelerate the due date of the entire unpaid balance and to increase the unpaid balance of the sales price at the rate of one and a half percent (1.5%) per month, or the maximum allowed by law, on the unpaid balance until the account is paid in full, in addition to any reasonable attorneys’ fees or other collection expenses.

5. Taxes. All prices are exclusive of any and all taxes, duties, tariffs, fees, or assessments, including but not limited to sales, use, excise, VAT, or similar taxes and export or import duties or fees applied to the sale or to the Products sold, by any United States or foreign federal, state, provincial, or local governmental body. Any such taxes that must be paid by Iteris shall be separately itemized on Iteris’ invoice and paid by Purchaser, or in lieu thereof, Purchaser shall furnish Iteris a properly executed tax exemption certificate prior to shipment.

6. Limited Warranty. For the purposes of this Agreement the “End User” shall be the Purchaser or, if Purchaser is a contractor, distributor or other authorized reseller to whom Iteris delivered Products intended for use by a third party, shall be the intended third party.

Iteris Hardware Products: Iteris hardware Products marked as manufactured by or for Iteris or marked with an Iteris brand or trademark are warranted, at the time of delivery to End User, to conform to Iteris’ published specifications and to be free from defects in material and workmanship. The occurrence of any of the following terminates Iteris’ Limited Warranty: (i) a Product fails as the result, in whole or in part, of modification or repair of the Product not conducted in conformity with Iteris’ approved procedures; (ii) a Product fails as the result, in whole or in part, of improper or insufficient maintenance; (iii) a Product is damaged due to, in whole or in part, electrical power surge, lightning strike, accident, negligence, improper storage, incorrect installation, incorrect operation, unusual deterioration due to physical environments in excess of limits set forth in Product manuals, or any other type of abuse or misuse; or (iv) the removal of serial numbers, or the removal, mutilation or defacement of any part of a Product. As a condition to making any claim under this Limited Warranty, End User must request a Return Material Authorization (“RMA”) before the Limited Warranty terminates or expires. Provided that the Limited Warranty has not terminated or expired, Iteris shall issue the RMA and End User shall have the right to return the non-conforming Product, transportation prepaid, to Iteris for repair or, solely at Iteris’ option, replacement with new or reconditioned materials. Except for repair or replacement, Iteris shall be under no other liability to Purchaser. This is a Limited Warranty only and, unless otherwise specified in writing by Iteris, shall expire thirty-six (36) months after the date of delivery of each unit of Product to Purchaser. Repaired or replaced Products have a Limited Warranty for the greater of ninety (90) days from the time of shipment or the remainder of the original warranty period.

Iteris Software Products: Software Products marked as manufactured by or for Iteris or marked with an Iteris brand or trademark are warranted to the licensed End User in accordance with the software license and warranty packaged with the software.

Non-Iteris Products: Hardware or software Products marked as manufactured or produced by others or marked with a brand or trademark of a party other than Iteris are warranted, if at all, by the manufacturer or producer to the End User in accordance with the warranty documentation provided by the manufacturer or producer.

NO OTHER WARRANTIES OR GUARANTEES, EXPRESSED OR

IMPLIED INCLUDING WITHOUT LIMITATION MERCHANTABILITY

OR FITNESS FOR A PARTICULAR PURPOSE, ARISING BY LAW,
CUSTOM OR CONDUCT, SHALL BE APPLICABLE. NO

REPRESENTATION OR WARRANTY BY PURCHASER SHALL EXTEND

THE LIABILITY OR RESPONSIBILITY OF ITERIS BEYOND THE
TERMS OF THIS PROVISION. THE RIGHTS AND REMEDIES

PROVIDED HEREIN ARE EXCLUSIVE AND IN LIEU OF ANY OTHER
RIGHTS OR REMEDIES. IN NO EVENT SHALL ITERIS HAVE ANY

LIABILITY UNDER ANY LEGAL OR EQUITABLE THEORY (RELATING

TO THE SUBJECT MATTER OF THIS AGREEMENT) FOR

CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR FOR LOSS,

DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM

USE OF THE PRODUCTS, OR AN INABILITY TO USE PRODUCTS

EITHER SEPARATELY OR IN COMBINATION WITH OTHER

SOFTWARE, EQUIPMENT OR MATERIALS, OR FROM ANY OTHER
CAUSE.

7. Return Material Authorizations. Upon request by the End User for an RMA whether for repair, replacement, or credit, Iteris agrees that it will either issue such RMA or provide End User with a written explanation for its refusal to issue the RMA within thirty (30) days of the request by End User. If Iteris provides a Field Replaceable Unit (“FRU”) or replacement Product in advance of receipt of an authorized return and does not receive the returned unit within 109
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Version Update: 2022-12-21 2 of 2 Iteris Roadway Sensor Products Standard Terms and Conditions of Sale 30 days of shipment, End User will be invoiced for the FRU or replacement.

End User shall pay all shipping costs for items returned to Iteris. For items repaired or replaced under a valid warranty claim, Iteris shall pay shipping costs for return of repaired or replaced item to End User.

8. Indemnification.
a. Purchaser Indemnification. Iteris shall indemnify, defend and hold Purchaser, and its affiliates, directors, officers, shareholders, and employees harmless from and against any claims, damages, liabilities, costs and expenses (including, without limitation, reasonable attorney’s fees and court costs) (collectively, the “Liabilities”) to the extent arising out of third party claims based on a product liability or strict liability in tort relating to the Product or Iteris’ negligence, or willful misconduct causing bodily injury (including death) or physical damage to tangible personal property.
b. Iteris Indemnification. Purchaser shall indemnify, defend and hold Iteris, and its affiliates, directors, officers, shareholders, and employees harmless from and against any Liabilities to the extent arising out of third party claims based on products other than Iteris Products supplied by Purchaser or Purchaser’s negligence, or willful misconduct causing bodily injury (including death) or physical damage to tangible personal property. In the event that Purchaser is a governmental agency or body, the foregoing Iteris Indemnification shall not apply to the extent prohibited by law.
c. Indemnification Procedures. The Parties will follow the following indemnification procedures. Promptly after receipt by any entity entitled to indemnification of notice of a third party claim, the Party seeking indemnity (“Indemnitee”) shall notify the other Party (“Indemnitor”) of such claim in writing. No failure to provide obligations under this Agreement except to the extent that it can demonstrate prejudice attributable to the failure. Within fifteen (15) calendar days following receipt of written notice from Indemnitee, but in no event later than ten (10) calendar days before the date a response to such claim is due (“Election Notice Period”), Indemnitor shall notify Indemnitee in writing if the Indemnitor elects to assume control of the defense and settlement of that third party claim (“Election Notice”). If Indemnitor delivers an Election Notice relating to any third party claim within the required Election Notice Period, the Indemnitor shall be entitled to have sole control over the defense and settlement of such claim; provided that (a) the Indemnitee may participate in the defense and employ counsel at its own expense to assist with such third party claim, and (b) Indemnitor shall obtain the prior written approval of the Indemnitee before entering into any settlement of such third party claim that purports to binds the Indemnitee. After the Indemnitor has delivered an Election Notice, Indemnitor shall not be liable to the Indemnitee for any legal expenses incurred by the Indemnitee in connection with the defense of that third party claim. In addition, the Indemnitor shall not be required to indemnify the Indemnitee for any amount paid or payable by the Indemnitee in the settlement of any third party claim for which the Indemnitor has delivered a timely Election Notice, if such amount was agreed to without the written consent of the Indemnitor. If the Indemnitor does not deliver an Election Notice relating to any third party claim within the required Election Notice Period, the Indemnitee shall have the right to defend the third party claim in such manner as it may deem appropriate, at the sole cost and expense of the Indemnitor. The Indemnitor shall promptly reimburse the Indemnitee for all such costs and expenses (i.e. Liabilities).

9. Intellectual Property Indemnification. Iteris shall indemnify and hold harmless Purchaser from loss, damage or liability for infringement of a United States (U.S.) patent or U.S. copyright ("Intellectual Property") to the extent arising out of the distribution or use of Iteris Products as delivered to Purchaser by Iteris hereunder (the “IP Indemnity”); provided that Purchaser notifies Iteris in writing within ten (10) days of Purchaser's first notice of an infringement claim, threat or suit ("Infringement Claim") and fully cooperates with Iteris in the defense of such Infringement Claim and the avoidance of infringement by, including but not limited to, providing Iteris any requested authority, information, and assistance necessary. Iteris shall be entitled, at its election, to assume the defense of any Infringement Claim. The foregoing Indemnity shall not apply when normally non-infringing Iteris Products are rendered infringing by (i) alteration of Iteris Products or the operation thereof, not by Iteris or duly authorized by Iteris in writing, (ii) use of Iteris Products in combination with other products, software, or services, (iii) Iteris’ modification of its Products in compliance with the Purchaser's specifications or instructions, or (iv) Purchaser’s failure to use and implement instructions provided by Iteris in a writing that would have rendered the Iteris Product non-infringing after reasonable time after receipt by Purchaser and before actual infringement. Iteris shall have the right to resolve any Infringement Claim in the manner it deems appropriate, including, but not limited to, (i) obtaining a license from the owner of the alleged infringed Intellectual Property or (ii) modifying or replacing the alleged infringing Product with non-infringing Product. In the event that neither (i) or (ii) are commercially possible, then Iteris shall have the right to rescind the purchase of the affected portions of the Products and to refund the Purchaser with a pro rata amount of monies paid for such affected Products. The foregoing IP Indemnity shall not extend to claims based on infringement of Intellectual Property outside the United States of America. Iteris’ sole obligation and liability to Purchaser with respect to indemnification of claims shall be as set forth in this paragraph and specifically excludes indemnification for consequential damages, incidental damages, punitive damages, and attorneys' fees.

10. Arbitration. It is the intent of the parties that any controversy will be elevated to the highest management levels within the respective organizations in an attempt to resolve the matter most efficiently. If the parties are unable, after good faith negotiations, which each hereby covenants to undertake, to resolve any dispute, claim or controversy arising between them, the parties hereby expressly agree that the exclusive means of resolving any such dispute, claim or controversy arising out of or relating to this agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration. If the Purchaser has an office located in the United States, arbitration shall be conducted under the Streamlined Arbitration Rules and Procedures of JAMS, a national alternative dispute resolution service (www.jamsadr.com) and shall be conducted in the English language, in Los Angeles, CA USA, by one (1) arbitrator appointed in accordance with said rules. If the Purchaser does not have an office in the United States, arbitration shall be conducted under the Rules of Arbitration of the International Chamber of Commerce and be conducted in the English language, in New York, NY, USA, by one (1) arbitrator appointed in accordance with said Rules of Arbitration. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction nor shall it preclude Iteris from any pursuit allowed by the full extent of the law for collection of amounts owed by Purchaser under any credit arrangement. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.

11. Product Modifications. Iteris reserves the right, at any time and without notice to Purchaser, to modify Products, in whole or in part, to include therein changes deemed appropriate by Iteris which do not adversely affect the form, fit or function of the Products, and without incurring any liability, to change or modify any Product previously delivered, or to supply new Products in replacement thereof.

12. Export Responsibility. All sales hereunder shall at all times be subject to the export control laws and regulations of the U.S. government. Purchaser agrees that it shall not make any disposition, by way of transshipment, reexport, diversion or otherwise, except as said laws and regulations may expressly permit, of U.S. origin goods purchased from Iteris, other than as to the ultimate country of destination specified on Purchaser’s order and/or declared as the country of ultimate destination on Iteris’ invoices.

13. General.
a. No modification of a quotation or a resulting order shall be binding unless in writing signed by an authorized representative of Iteris. b. No waiver by either party of any default shall be deemed a waiver of any subsequent default.
c. Purchaser shall not assign its Order or any interest therein or any rights hereunder without the written consent of Iteris, and any such purported assignment shall be null and void and of no affect whatsoever. d. Purchaser agrees that it will not modify, reproduce, reverse engineer, reverse compile, disassemble, translate, de-compile, deconstruct or decrypt, the whole or any part of the Products, including any software embedded therein. e. All quotations and any resulting order shall be construed, interpreted and governed by the laws of the State of California, USA, but specifically excluding any International Convention regarding the International Sales of Goods.

Should any court of competent jurisdiction determine any portion hereof illegal or against public policy, such determination shall not affect that portion herein that is not illegal or against public policy. In the event that the federal, state, provincial, city or local government or any bureau or agency thereof, should promulgate any law, rule or regulation affecting prices, deliveries or any other term of a contract resulting from a quotation, then, at the option of Iteris communicated to the Purchaser in writing within a reasonable time, the contract between Iteris and the Purchaser may be either terminated by Iteris and be of no force and effect and the parties shall be restored to the position they occupied before the contract was executed, or Iteris may make such changes in the price, delivery schedule and terms as Iteris in its reasonable business judgment may deem necessary to comply with such law, rule or regulation. 110
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SELECT/SOLE SOURCE JUSTIFICATION
Complete responses must be provided for all of the following items.

A. THE PURCHASE REQUEST IS RESTRICTED TO ONE VENDOR FOR THE REASONS STATED BELOW:

1. Why is the purchase of goods or servicesrestricted to this vendor? Explain why the purchase cannot be competitively bid.

Examples of Single/Sole Source procurements include, but are not limited to:
• Compatibility: The commodity or service matches existing brand of equipment for compatibility.
• Replacement Part: The item is a replacement part for a specific brand of existing equipment.
• Emergency: URGENT NEED for the item or service does not permit soliciting competitive bids.

2. What market research was conducted to substantiate no competition, including evaluation of other items considered?
Provide a narrative of your efforts to identify othersimilar goods/services, including a summary of how the department concluded that such alternatives are either inappropriate or unavailable.

The names and addresses of suppliers contacted and the reasons for not considering them must be included OR an explanation of why the survey or effort to identify other goods/services was not performed.

B. PRICE ANALYSIS:

3. How was the price offered determined to be fair and reasonable? Explain what the basis was for comparison. For example, if the item/service has been purchased in the past, compare historical pricing.

Prepared By Approved By
Sole or Select Source: Defined as any contract entered into without a competitive process, based on a justification that only one known source exists or that only one single supplier can fulfill the requirements. The requesting department is responsible for supplying written justification, approved by the department director or designee with signing authority for these purchases.

S:\100 ADMINISTRATION\107 Forms & Templates - General Citywide\Finance Select/Sole Source purchases may be made in a non-competitive manner only when in the best interest of the City and when the price is considered reasonable. Attach this form and other supporting documentsif available, to the purchase Requisition.

Vendor:

Date
ATTACHMENT 2
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City of La Quinta
CITY COUNCIL MEETING: January 16, 2024

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH

VISUAL EDGE IT FOR PRINTER/COPIER PURCHASE AND MAINTENANCE SERVICES FOR FISCAL YEARS 2023/2024 THROUGH 2028/2029; AND APPROVE

DISPOSAL OF SURPLUS EQUIPMENT

RECOMMENDATION
Approve Agreement for Contract Services with Visual Edge IT for Printer/Copier Purchase and Maintenance Services for a total not to exceed amount of $182,000 for a five-year term; authorize the City Manager to finalize any insubstantial modifications and execute the agreement; and approve disposal of surplus printer and copier equipment.

EXECUTIVE SUMMARY
• The City’s existing inventory of Printer/Copiers has aged and is in need of replacement.
• The City published a Request for Proposals (RFP) for printer/copier purchase and maintenance services, including equipment replacement; 17 responses were received; and Visual Edge IT (Visual Edge) was selected as the most qualified and competitive vendor.

FISCAL IMPACT
The not to exceed amount is $182,000 over the life of the contract (a five-year term) starting from date of full execution. The initial costs during year one of the contract include purchase of a fleet of printers to replace the existing fleet that will be sold to Visual Edge IT as part of the contract. Funds are available and will be budgeted in 502-0000-60662 (Copiers) for supplies, and 502-0000-80100 (Machinery and Equipment) for purchase of the new fleet.

A breakdown of costs and the expenditure schedule is as follows:

Contract Services Agreement One-Time Fees Annually
Recurring Fees
Contingency
Budget
Purchase of 18 Printer/Copiers (w/
Taxes) $128,500 N/A N/A
Service and Supplies N/A $37,057 N/A
Contingency Budget (Equipment
and Miscellaneous Contract Needs) N/A N/A $16,445
CONSENT CALENDAR ITEM NO. 7
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Estimated Annual Contract Costs
Year One Total $135,911
Year Two Total $7,411
Year Three Total $7,411
Year Four Total $7,411
Year Five Total $7,411
Contingency $16,445
Contract Total $182,000
Estimated Budget Expenditure Schedule
Fiscal Year Account No. Expenditure
FY 2023/2024 502-0000-60662 (Copiers)
502-0000-80100 (Machinery and Equipment)
$7,411
$128,500
FY 2024/2025 502-0000-60662 (Copiers) $7,411
FY 2025/2026 502-0000-60662 (Copiers) $7,411
FY 2026/2027 502-0000-60662 (Copiers) $7,411
FY 2027/2028 502-0000-60662 (Copiers) $7,411
FY 2023 - 2028 502-0000-80100 (Machinery and Equipment) $16,445 Total $182,000

BACKGROUND/ANALYSIS
The City's current fleet of printers/copiers has aged, with some units being over 10-15 years old and experiencing hardware issues.

In September 2023, staff published an RFP for printer/copier purchase and maintenance services, including equipment replacement; 17 proposals were received. The winning bid was selected based on competitive pricing, scope of services offered, including maintenance, and overall experience and qualifications.

It is more cost effective for the City to purchase 18 printers/copiers rather than lease the equipment. Visual Edge will be required to retrieve and dispose of the existing fleet, providing a discount and cost savings for the City. Per the City Surplus Policy developed in conjunction with the Finance Department and State of California Purchasing Policy Guidelines, staff requests Council approve the direct sale of the existing printer/copier equipment to Visual Edge, rather than a public auction at a later time, to avoid any 114 CLICK HERE to Return to Agenda
challenges with having to store bulky equipment and to recover greater monetary value by selling directly to the vendor, rather than anticipated sales through a public auction process.

Visual Edge will provide maintenance services including supplies and equipment repair during the five-year period outlined in the agreement (Attachment 1).

ALTERNATIVES
Council may elect to not pursue this contract, and direct Staff to return with alternative opportunities.

Prepared by: Doug Kinley, Management Analyst
Approved by: Gilbert Villalpando, Director
Attachment: 1. Contract Services Agreement with Visual Edge IT 115 CLICK HERE to Return to Agenda

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AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and VISUAL EDGE IT, an Ohio Corporation with a place of business at 36943 Cook Street, Suite H-103, Palm Desert, California 92211 (“Contracting Party”).

The parties hereto agree as follows:

1. SERVICES OF CONTRACTING PARTY.

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to Printer/ Copier Purchase and Maintenance Services Program, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.

1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction.

1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws.

1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement.

Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section.

ATTACHMENT 1 117 CLICK HERE to Return to Agenda
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1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof).

1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.

The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party.

1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. 118 CLICK HERE to Return to Agenda
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Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement.

1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern.

2. COMPENSATION.

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed One Hundred Eighty Two Thousand Dollars ($182,000), for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation.

Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement.

2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department.

2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this 119 CLICK HERE to Return to Agenda
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Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement.

3. PERFORMANCE SCHEDULE.

3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage.

3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee.

3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum.

3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on February 1, 2024, and terminate on January 31, 2029 (“Initial Term”). 120 CLICK HERE to Return to Agenda
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4. COORDINATION OF WORK.

4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
(a) Visual Edge IT
36943 Cook Street, Suite H-103
Palm Desert, CA 92211
ATTN: Amanda Maze
(b) City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
ATTN: City Manager’s Office
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City.

4.2 Contract Officer. The “Contract Officer”, otherwise known as the Public Safety Manager or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of the Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any 121 CLICK HERE to Return to Agenda
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attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City.

4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein.

City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall 122 CLICK HERE to Return to Agenda
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be authorized and permitted under applicable State and local law to perform such tasks and services.

4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City.

5. INSURANCE.

5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof.

5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance.

6. INDEMNIFICATION.

6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof.

7. RECORDS AND REPORTS.

7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports 123 CLICK HERE to Return to Agenda
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(including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records.

Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom.

7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. 124 CLICK HERE to Return to Agenda
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The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect.

7.5 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, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City.

7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement.

Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement.

8. ENFORCEMENT OF AGREEMENT.

8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
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8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted.

Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default.

8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement.

8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all 126 CLICK HERE to Return to Agenda
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Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement.

8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City.

8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation.

Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose.

9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.

9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without 127 CLICK HERE to Return to Agenda
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the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10. MISCELLANEOUS PROVISIONS.

10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section.

To City:

CITY OF LA QUINTA
Attention: City Manager’s Office
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:

VISUAL EDGE IT, INC.

Attention: Amanda Maze
36943 Cook Street, Suite H-103
Palm Desert, California 92211

10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
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10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement.

10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties.

10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.

CITY OF LA QUINTA,
a California Municipal Corporation
JON McMILLEN, City Manager
City of La Quinta, California
Dated:

VISUAL EDGE IT, INC.,
an Ohio Corporation
JUDITH JARVIS, Area Vice President
Palm Desert, California
Dated: ____________________
ATTEST:

MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:

WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Exhibit A