Exhibit A
Scope of Services
1. Services to be Provided:
Installation of new playground equipment and safety surface materials in Adams Park located on the corner of Adams Street and La Palma. 243 CLICK HERE to Return to Agenda
Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twentyfive thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, 254 CLICK HERE to Return to Agenda
Exhibit A
its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws.
Contracting Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City’s failure to deduct or withhold shall not affect Contracting Party’s obligations under the Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk-line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. 255 CLICK HERE to Return to Agenda
Exhibit A
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party’s cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
(A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 256 CLICK HERE to Return to Agenda
Exhibit B
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Three-Hundred Fifty-Five Thousand, SevenHundred and Eighty Dollars ($355,780) (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in one lump sum (minus 5% retention) on completion of installation and satisfactory CPSI inspections in the amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. 257 CLICK HERE to Return to Agenda
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Exhibit C
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference.
Work shall commence on an agreed upon date on or around April 5,2025, and terminate on completion and acceptance of installation on or before September 1, 2025.
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Exhibit D
Exhibit D
Special Requirements
Contractor is responsible to pull required City permits (fees will be waived) and schedule required inspections. Contractor is responsible to pay re-inspection fees if incurred should the work not be completed in time for the inspection as called in by the contractor.
Contractor is responsible to ensure all measurements are accurate. Contractor is responsible for mobilization, storage of materials, and any required pedestrian and/or traffic control.
Contractor is to coordinate installation of play equipment following installation of new shade structures to be installed by USA Shade.
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Exhibit E
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI:
Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident)
Auto Liability Additional Insured
Personal Auto Declaration Page if applicable
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such 263 CLICK HERE to Return to Agenda
Exhibit E
person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss.
Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease.
If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract.
Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased.
In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement.
Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party:
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Exhibit E
1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting 265 CLICK HERE to Return to Agenda
Exhibit E
Party, provide the same minimum insurance coverage required of Contracting Party.
Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
10. Contracting Party agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages.
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Exhibit E
16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.
19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements.
There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement.
City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 267 CLICK HERE to Return to Agenda
Exhibit F
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, 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 officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City.
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Exhibit F
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party.
3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 269 CLICK HERE to Return to Agenda
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313
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CONTRACT
Contractor Lic. # 957776
Class A/B/C61/D34/D12
Pacific Play Systems, Inc.
Phone (760) 599-7355
Date 10/29/2024
Est. No. 2024-2109
Contractor
City of La Quinta
78495 Calle Tampico,
La Quinta, CA 92253
Customer Project EWF Removal A...
Terms Net 30
Valid for 30 Days
www.pacificplayinc.com
Attached Exhibit A (Terms and Conditions) shall be made a part of this Contract. Total PACIFIC PLAY SYSTEMS, INC. 3288 Grey Hawk Court, Carlsbad, CA 92010 - Phone 760-599-7355 or 855-599-7355 - Fax 760-599-7385 Description Qty Rate Total
Adams Park Site Work:
Demo and disposal of existing playground equipment 1 6,500.00 6,500.00 Removal, hauling and disposal of the existing EWF surfacing at 2 play areas, approx. 480 CY total
1 65,055.00 65,055.00
Project administration, mobilization, coordination, overhead costs 1 2,000.00 2,000.00 Additional Services: None
PAYMENT TERMS: Net 30.
EXCLUSIONS: This Contract only covers the cost of equipment, materials and services that are clearly outlined in the Scope of Work. All other equipment, materials and/or services that are not clearly outlined in this quotation are excluded. Exclusions include, but are not limited to the following:
1. Additional services, installation, grading, drainage, site drains, curbing, border, sidewalks, pavement, filter fabric, site materials, receiving and unloading of equipment (unless installation is included), ADA accessible path of travel, payment and performance bond, builders risk insurance, furnishing plans, obtaining permits, dealing with inspections and/or permit agencies, engineering calculations, stamped engineered or architectural drawings, etc.
2. Inspection costs, testing and outside testing agencies, special inspections, CPSI Inspection/audit/report, survey work of any kind, fencing, swpps, barricades, traffic control, flagging, erosion control, dust control, removal of hazardous materials or contaminated soils, digging through rock and rocky soils.
3. Repairs to the existing landscaping or irrigation system is excluded. Irrigation lines (if any) found during the excavation will be capped off. Owner shall be responsible for removal, replacement or repairs to the irrigation lines or utility lines encountered during the excavation process at owner's cost.
4. Additional move-in costs, if required (only one move-in cost is included in this quote), dealing with unforeseen conditions and extra work required as a result of these conditions and anything else that is not clearly outlined in this Contract. See Exhibit A, Terms and Conditions for a description of Unforeseen Conditions.
ATTACHMENT 3
314 CLICK HERE to Return to Agenda
CONTRACT
Contractor Lic. # 957776
Class A/B/C61/D34/D12
Pacific Play Systems, Inc.
Phone (760) 599-7355
Date 10/29/2024
Est. No. 2024-2109
Contractor
City of La Quinta
78495 Calle Tampico,
La Quinta, CA 92253
Customer Project EWF Removal A...
Terms Net 30
Valid for 30 Days
www.pacificplayinc.com
Attached Exhibit A (Terms and Conditions) shall be made a part of this Contract. Total PACIFIC PLAY SYSTEMS, INC. 3288 Grey Hawk Court, Carlsbad, CA 92010 - Phone 760-599-7355 or 855-599-7355 - Fax 760-599-7385 Description Qty Rate Total
LABOR RATES: Prevailing Wage Rates.
Required Statement for California Projects:
Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a latent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.
This Contract is executed between Pacific Play Systems, Inc., a California corporation and Customer (also referred to as Owner), identified in the Customer section of this Contract.
Either Customer or Pacific Play Systems, Inc. may be referred to as Party, together as Parties. The purpose of this Contract is for Pacific Play Systems, Inc. to provide Customer with equipment, materials and/or services as outlined in the Scope of Work section of this Contract in exchange for the sum of money as outlined in this Contract.
By signing below, both Parties acknowledge that they are entering into a legally binding Contract, which includes Exhibit A. Customer acknowledges the receipt and review of Exhibit A (Terms and Conditions) which shall be made a part of this Contract and enforceable to the full extent allowed by law.
ACCEPTED BY CUSTOMER:
Customer’s Name: _____________________ Date accepted: ______________ Signature: ____________________________ Signed By: __________________ ACCEPTED BY PACIFIC PLAY SYSTEMS, INC.:
Federal Tax I.D. #: 27-4620108 - DIR No. 1000012253 Date accepted: ______________ California Contractors License #957776, Classifications: A, B, C61-D12, C61-D34 Signature: ____________________________ Signed By:
CA Sales Tax, Lake Elsinore 8.75% 0.00
$73,555.00
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1 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 - California Contractors Lic. #957776
EXHIBIT A- TERMS AND CONDITIONS
(Revised 09-01-2024)
1. ACTS OF GOD: In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, interruption of electrical power or other utilities, shortages of materials and/or labor, manufacturing issues or delays beyond its control, failures or damage reasonably beyond its control, pandemic related issues, or other causes reasonably beyond its control, such party shall not be liable to the other party for any damages resulting from such failure to perform or otherwise from such causes. Pacific Play Systems, Inc. and Customer shall notify each other as soon as reasonably possible following the occurrence of an event described in this subsection.
2. ATTORNEY FEES & EXPENSES: In the event of any dispute under this Contract, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees and costs of suit, including any fees and costs incurred in preparation of such suit. If timely payments are not made by Customer and collection becomes necessary, Pacific Play Systems, Inc. shall be entitled to collect interest and all reasonable collection and legal costs incurred to the extent allowed by law.
3. BUSINESS LICENSE: If obtaining a business license becomes necessary for a city in which Pacific Play Systems, Inc. does not hold a current license, Pacific Play Systems, Inc. shall obtain the required license and Customer shall reimburse Pacific Play Systems, Inc. for its cost (including staff time) at cost plus 20%.
4. CHANGE ORDERS: Extra Work and change orders shall become part of the contract once the change order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new change order. Change order shall describe the scope of the extra work or change, the cost to be added or subtracted from the contract and describe effects on the schedule (if applicable). Change Orders encountered during the installation phase of project require immediate action by the Customer to avoid stoppage of work which may cause demobilization and remobilization and Customer agrees to pay the additional cost.
5. COST ESCALATION CLAUSE: Given the recent increases in the cost of equipment, materials, playground safety surfacing, labor and freight, if Pacific Play’s cost of equipment, materials, labor or freight associated with any portion of this project increases by over 2% by the time this project gets installed, Customer shall be responsible for paying the additional cost.
6. DELAYS: If a project is delayed for reasons beyond Pacific Play Systems, Inc. control, Customer agrees to pay for the cost of equipment, materials and products which are already manufactured. Storage fees may be added for stored products. If a project installation is delayed, new installation date will be assigned based on availability of installer. Any cost escalation incurred during the delayed period shall be passed onto the Customer and Customer agrees to pay it. Customer shall hold Pacific Play Systems, Inc. harmless for additional delays due to unavailability of the installer or resources when a project is delayed. If additional mobilization becomes necessary to receive and unload the equipment when a project is not ready for installation, Customer shall pay the cost incurred plus 20%.
7. DEMOLITION: Unless other arrangements are made prior to the start of demolition, all demolition items shall be disposed of by Pacific Play Systems, Inc. in a manner selected by Pacific Play Systems, Inc. For demo purposes, unless otherwise noted in the Contract, all slab thicknesses are assumed to be 4” or less with no reinforcement. If thickness of slab turns out to be greater than 4” or has reinforcement in it, its demo, hauling and disposal cost shall increase at the rate of our actual cost plus 20% and Customer agrees to pay the additional cost.
All PIP rubberized surfacing thicknesses are assumed to be no more than 3.5” thick. If PIP thickness turns out to be greater than 3.5”, its demo, hauling and disposal cost shall increase at the rate of our actual cost plus 20% and 316 CLICK HERE to Return to Agenda
2 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 - California Contractors Lic. #957776 Customer agrees to pay the additional cost. All changes in the scope of work shall be handled with a change order, promptly executed by both Parties so that no delays are experienced.
8. DISCOUNTS: Discounts (if any) provided are valid only if Customer completely fulfills his or her obligations under this Contract for the scope identified, including making timely payments per Payment Terms of Contract.
Customer’s failure to pay amounts due under this Contract in a timely fashion or reducing the scope of work shall constitute forfeiture of all discounts provided under this Contract and shall increase Contract sum by the amounts of discounts provided.
9. ENGINEERED WOOD FIBERS (EWF) are sold in quantities of cubic yards. EWF will settle during and after installation, reducing its depth. Therefore, its depth cannot be guaranteed. Generally speaking,18” of material settles to a compacted depth of 10”-12”. EWF require maintenance and topping off is necessary from time to time.
10. ENTIRE AGREEMENT: This Contract constitutes the entire agreement between the Parties and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral, to the extent they relate in any way to the subject matter hereof. In the event of conflicting provisions between this Contract and Customer’s own Contract (if any), the provisions of this Contract shall prevail.
11. EXPANSIVE, UNSUITABLE SOILS: Pacific Play Systems, Inc. shall not be responsible for undesirable effects (poor drainage, settlement, expansion, contraction, finish surface cracking, etc.) of unsuitable grounds or soils provided to us. Unsuitable grounds or soils include expansive soils, poorly drained soils, uncompacted or poorly compacted grounds, unstable and/or expansive soils such as clay, excessively moist soils, uncompacted sand, etc. If applicable, it shall be Customer’s responsibility to test soil samples and determine if the existing soil is suitable for the intended work, prior to the start of any work. If applicable, expansive, loose or uncompacted soils shall be removed and replaced by others at Customer’s cost, prior to our mobilization on site. Additional engineering and deeper footings may be required if excessive moisture is encountered during the excavation, and Customer agrees to reimburse Pacific Play Systems, Inc. for the additional cost encountered at cost plus 20 percent.
12. FINAL INSPECTION: Customer shall perform a final inspection of the project while Pacific Play Systems, Inc. and its agents are still on site and shall report any concerns to Pacific Play Systems, Inc. at that time so that valid concerns can be corrected right away to avoid delays and additional trips to the job site.
13. FOOTINGS. Installation cost for excavation and pouring playground footings (Playcraft equipment or any other manufacturer) is based on using the manufacturer’s standard footing details. Unless otherwise noted in Quotation, Contract or Purchase Order, if playground footings are upgraded due to permit requirements or to remedy unsuitable soil conditions or to add rebar cages, etc. the upgrade cost shall be extra.
Some permit agencies may require structural calculations for footings which may cause larger footings and deeper embedment of posts into concrete footings than shown in the manufacturer’s standard footings details.
Additional rebar cages may also be needed. Our equipment and installation cost are based on supplying standard length posts and using the manufacturer’s standard footing details with no rebar cages. If footings are enlarged due to permit requirements or for any other reason, Customer agrees to pay the additional cost for longer posts, rebar cages and additional labor and materials required for excavating and installing deeper and larger footings.
Additional cost shall be billed at the rate of Pacific Play Systems’ cost plus 20% and the Customer agrees to pay for it.
14. GOVERNING LAW: This Contract shall be governed by and construed in accordance with the domestic laws of the State of California without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of California. Jurisdiction shall be the County of San Diego, North County Judicial District.
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3 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 - California Contractors Lic. #957776
15. INSURANCE: Pacific Play Systems, Inc. agrees to carry the following limits during the course of project:
Liability Insurance: $1,000,000 Each Occurrence, $1,000,000 Personal and Advertising Injury, $2,000,000 General Aggregate, $2,000,000 Products, Completed Operations Aggregate.
Excess Liability Insurance: $3,000,000 Each Occurrence, $3,000,000 General Aggregate.
Workers Compensation: $1,000,000
Commercial Auto Insurance: $1,000,000
Proof of insurance or standard additional insured certificates (issued to Customer only) shall be provided upon request. Any custom wording (Primary Wording, Waiver of Subrogation, Cancellation Notices, etc.) on insurance policies or certificates, custom and non-standard additional insured certificates or certificates to multiple entities shall be provided at additional cost, if requested and only if available. Customer acknowledges that Pacific Play Systems’ subcontractors may have lower insurance limits and carry no excess liability insurance. Additional insurances not listed here, if required & available, may be provided at additional cost.
16. LABOR RATES: Unless otherwise noted in writing, all labor rates are Non-Prevailing Wage Rates. It shall be Customer’s responsibility to inform us if a project is Prevailing Wage, before a contract is signed.
17. LIABILITY LIMIT: Pacific Play Systems, Inc.’s liability on any claim of any kind, including negligence, for any loss or damage arising out of, connected with or resulting from this Contract, or from the performance or breach thereof, or from the manufacture, sale, delivery, installation, resale, repair or use of any products covered by or furnished under this Contract, shall in no case exceed the price of the products or parts thereof which gives rise to this claim. In no event shall Pacific Play Systems, Inc. be liable for special, incidental or consequential damages, or for damages in the nature of penalties.
18. LEAD TIME: Unless otherwise noted, lead time for delivery of equipment varies depending on the type of equipment ordered and can range between 6-24 weeks (+/-) AFTER receipt of a signed Contract, deposit and color selection from the Customer. Lead time does not include time needed for shipping, site work and installation. Lead time may vary for different projects and different products, depending on product, size and scope of work.
19. MOBILIZATION: Unless otherwise noted in the Quotation, Contract or Purchase Order, our cost includes only one mobilization per project. If additional mobilizations become required due to various factors beyond Pacific Play Systems control such as site not being ready, stop notices by the Customer, permit and governing agencies, etc., additional mobilization cost shall apply at the rate of cost plus 20% or $2,000 minimum for private projects and $2,500 for public works projects whichever is greater. Minimum charge for receiving and unloading equipment when project is not ready for installation shall be $1,500 for private projects and $2,500 for public works projects and Customer agrees to pay these additional costs.
20. MAINTENANCE: Customer shall be responsible for maintenance and upkeep of all acquired equipment and materials associated with this Contract, including but not limited to maintenance of equipment, materials, surfacing, drainage system, etc. Playground equipment and surfacing require daily, weekly and monthly inspections. It is common that some bolts may come loose after the initial installation and some use, particularly in moving parts. It shall be Customer’s responsibility to inspect for loose or missing hardware and attend to it as needed.
21. NOTICES: All notices required by this Agreement shall be in writing and be delivered via email, United States Certified Mail, addressed to the party to whom such notices are directed. Either party may change its address for notices hereunder by giving notice to the other party in the same manner as provided herein. 318 CLICK HERE to Return to Agenda
4 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 - California Contractors Lic. #957776
22. OWNERSHIP: Once equipment and materials are delivered to the Customer's premises, it is considered delivered and Customer shall become responsible for its security. All costs associated with replacement of vandalized and/or stolen equipment, materials shall be Customer’s responsibility. Customer shall take necessary steps to secure site and protect the work under progress, including keeping traffic away from the equipment under construction and protect finished surfaces (concrete, PIP surfacing, etc.) for a minimum of 24 hours after pour.
23. OPTIONS, ADDITIONAL SERVICES: Equipment, materials and services listed under Options or Additional Services are not included in the Scope of Work (cost is extra). If Customer chooses to add any of these items, Customer shall notify Pacific Play Systems, Inc. in writing as soon as possible and prior to the ordering of equipment so that Contract can be modified to incorporate the added items. Once equipment and materials are ordered, it may be too late to make any changes, without incurring additional costs.
24. PAYMENT TERMS: All payments are due per Contract Payment Terms. Past due balances are subject to an annual interest rate of 18%, or the maximum allowed by law, whichever is greatest. If payments are not received on time and collection becomes necessary, aside from adding interest, all discounts provided shall be reversed and added to the contract sum and Pacific Play Systems, Inc. shall be entitled to collection costs incurred plus attorneys’ fees & expenses to the full extent allowed by the applicable laws. Additionally, Pacific Play Systems, Inc. may suspend all warranties until such time that all past due balances, interest and fees are paid in full.
25. PERMITS: Unless otherwise noted in writing, obtaining structural calculations and permits are excluded from this Contract and shall be the Customer’s responsibility. Prior to the award of this Contract, Customer shall perform his or her own due diligence and determine if a permit is required and notify Pacific Play Systems, Inc. in writing accordingly. If required, Customer shall obtain all required permits and licenses and pay all applicable fees.
If Pacific Play Systems, Inc. is instructed in writing to obtain a permit, all associated costs (including engineering fees) shall be extra, billed at cost plus 20%. Staff time shall be billed at $90 per hour. Building permit fees shall be billed at cost. The Customer agrees to pay all costs and fees. While we will do our best to obtain a permit at the earliest time possible (if instructed in writing to do so), no guarantees can be made that a permit can be obtained.
Additionally, obtaining a permit can be very time-consuming process and can easily delay a project for months and beyond Customers expectations.
Some permit agencies may require structural calculations for footings which may take several weeks to get and cause delays. Unless otherwise noted in the Quotation, Contract or PO, cost of obtaining structural calculations shall be billed at cost plus 20% and Customer agrees to pay for it.
26. PROTECTION OF EXISTING PLAYGROUND SURFACING: Sites at some playground renovation projects may contain existing playground safety surfacing that may be either sand, engineered wood fibers, rubber tiles, PIP rubberized surfacing, artificial turf or a combination of these items that may need to be protected while new improvements are made. Unless otherwise noted in our Contract, Customer shall remove and stockpile filter fabric, sand and engineered wood fibers out of the way prior to the start of work to minimize its contamination during construction and shall be responsible to place it back after completion of our work. Customer acknowledges that some damage to the existing rubber tiles or PIP rubberized surfacing or artificial turf may occur due to our work and the use of machinery, regardless of various protection methods used. Customer shall be responsible for the cost of its repair or replacement, if damage occurs.
27. REPAIRS: If any part of the project requires repairs (during or after completion) and becomes a safety concern, Customer shall close site immediately and properly barricade the site until repairs are made. 319 CLICK HERE to Return to Agenda
5 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 - California Contractors Lic. #957776
28. RETURNS: Equipment, materials associated with this Contract are highly customized and shall be considered Non-Returnable. Once the Contact is signed and equipment, materials and services are ordered, it cannot be cancelled. No Returns or Substitutions are permitted under this Contract, unless agreed to in writing by Pacific Play Systems, Inc. If Pacific Play Systems, Inc. agrees to a change involving a reduction in the Scope of Work or the Contract Sum after the award of Contract, Pacific Play Systems, Inc. shall be entitled to charge the Customer a fee 30% of the cost of items deleted for the time and effort put forth into processing those items.
Additionally, any discounts associated with the deleted items shall be reversed.
29. SEVERABILITY: Any term or provision of this Contract that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.
30. SHADE STRUCTURES: Shade structures, shade sails, umbrellas, shelters and canopies (hereafter referred to as Shade Structures) included in the Scope of Work (if any) are non-engineered (no calculations or engineering drawings are provided), non-structural (not rated for fire, wind or earthquakes), unless otherwise noted in writing.
Non-engineered, non-structural Shade Structures are considered temporary structures and will not be suitable for installation at locations that require obtaining a permit. It shall be Customer’s responsibility to determine if a permit is required for these Shade Structures and communicate same with Pacific Play Systems, Inc. in writing, prior to executing this Contract so that Shade Structures can be designed, fabricated and priced accordingly for the structural upgrades needed for engineered structures so that a permit can be obtained by others. Unless otherwise noted, if Pacific Play Systems, Inc. is instructed to obtain a permit, all associated engineering costs shall be billed at cost plus 20% as well as staff time at the rate of $120/hour, plus all applicable costs, permit fees, etc.
31. SITE WORK: Site work includes all work that is needed to prepare the site for the installation of equipment and materials. Site work includes, but is not limited to demo, hauling, grading, installation of site materials, subbase, drainage, curbing, sidewalks, creating sufficient space to accommodate the Use Zone of the equipment, etc.
If site work is excluded from the Scope of Work:
A. Customer shall prepare site so that it is ready for Pacific Play Systems, Inc. to move in.
B. It shall be Customer’s responsibility to coordinate site requirements with Pacific Play Systems, Inc. and provide the proper rough grade elevation in order to have the site ready for installation.
C. If site is determined to not be ready upon move-in by Pacific Play Systems, Inc. and additional move-ins become necessary, a $2,000 - $2,500 extra move-in charge shall apply for each additional move-in and Customer shall become responsible for the safety of the site and for the safekeeping of the equipment and materials that are delivered to the job site until Pacific Play Systems, Inc. is able to return and re-start installation. Additionally, project delays due to unavailability of installers may occur if demobilization becomes necessary.
Some damage to existing grounds, pavement and landscaping shall be expected due to Pacific Play Systems, Inc.’s operations. Unless otherwise noted in writing, repairs to underground utilities, landscaping and irrigation system are excluded from Pacific Play Systems, Inc.’s scope of work and shall be Customer’s responsibility. Pacific Play Systems, Inc.’s liability for cleaning marks (tire marks, etc.) on pavement shall be limited to power washing.
32. SLAB: All concrete slabs associated with the Scope of Work (if any), shall be 4" nominal (3 1/2" thick) without any reinforcement, unless otherwise noted.
33. SUCCESSION & ASSIGNMENT: This Contract shall be binding upon and inure to the benefit of the Parties named herein and their respective successors and permitted assigns. A Party may not assign either this Contract or any of its rights, interests, or obligations hereunder without the prior written approval of the other Party. Customer 320 CLICK HERE to Return to Agenda
6 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 - California Contractors Lic. #957776 shall not assign this Contract to any third-party implementation agencies such as property management companies, contract compliance agencies, etc. without the prior written consent of Pacific Play Systems, Inc.
34. STORAGE FEES: If a project is delayed for any reason due to factors beyond Pacific Play Systems, Inc. control, Customer agrees to pay storage fees for equipment which has already been manufactured at cost plus 15% for storage rental or $250-$500 per month (cost varies based on space required and may be more for larger projects) for equipment stored at our warehouse or at the manufacturer. If a free-standing storage container becomes necessary to secure the equipment on site, Customer shall provide the space for it and become responsible for covering its cost at the rate of cost plus 20% plus unloading costs due to the additional mobilization to unload the equipment and forklift rental.
35. SUB-BASE: PIP rubberized surfacing, tiles or artificial turf require either a concrete slab sub-base or a 90- 95% compacted Class II or crushed aggregate sub-base. When replacing an existing surface (PIP, rubber tiles or turf), it is difficult to know what kind of sub-base is installed underneath the existing surface or if that sub-base is suitable for the installation of the new surfacing, without removing the existing surface and damaging it. Unless otherwise noted in our Contract, if during work, it becomes clear that the existing sub-base is not suitable for the installation of the new surfacing and requires repairs, removal and/or replacement, cost associated with this work shall be extra (via a change order) and shall be billed at our cost plus 20%. Customer shall be notified of this condition and the associated cost to remedy it, once discovered. If additional work becomes necessary, Customer shall execute a change order for the additional scope without delay so that work can proceed timely. If an additional move-in becomes necessary due to Customer having this work done by others, an additional move in cost shall be added to our Contract.
36. SUB-CONTRACTORS: Pacific Play Systems, Inc. reserves the right to use subcontractors to perform labor without prior consent from the Customer as long as subcontractors used are licensed and insured. Sub-contractors insurance limit is limited to $1M for General Liability Insurance, $2M General Aggregate.
37. SYNTHETIC SURFACING: Synthetic surfacing includes PIP rubberized surfacing and artificial turf. Both products use petroleum-based materials with volatile cost fluctuations. It is difficult to quote these products accurately for projects that are not installed within a six-month time frame. Pacific Play Systems, Inc. reserves the right to pass on materials cost increases from the supplier of these products for projects that are installed beyond six months after the original award date and Customer agrees to pay the additional cost.
38. TERMINATION: This Contract shall not be terminated by either party without material cause. Pacific Play Systems, Inc. may terminate this Contract with Customer for lack of payment and for other material breach, if not cured within 10 days of receipt of a written notice to Customer. If this Contract is terminated by any party for any reason, Customer shall remain fully liable for the cost of equipment and materials ordered, administrative and other time spent on the project and for services rendered to the full extent allowed by law.
39. TESTING: Unless specifically noted in contract, cost of any testing such as CPSI, surfacing HIC testing, soil testing, etc. shall be extra. HIC testing for PIP or turf shall not occur until the surface has a minimum of ten (10) days to cure.
40. UNFORESEEN CONDITIONS: Unforeseen conditions include, but are not limited to, having to deal with, modify or repair underground utilities (water, sewer, gas, electricity, irrigation lines & wiring, data, phone, drainage lines, etc.) found during excavation. Unforeseen Conditions shall also include having to excavate or remove boulders, rocks, rocky soil, etc. that cannot be cored through with a standard Bobcat, augur or excavated with a shovel and require the use of a jack hammer or other means. Other examples of Unforeseen Conditions include unexpected items found during excavation that were not obvious or not disclosed by Customer, such as discovery of unsuitable soil conditions, existing footings, curbing, border, pavement, tree roots, filter fabric, etc. found during 321 CLICK HERE to Return to Agenda
7 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 - California Contractors Lic. #957776 the excavation for new footings, unless removal of these items was clearly noted in the Scope of Work. Finally, Unforeseen Conditions shall include any factors and/or conditions that adversely affect the cost of the project which were not disclosed by Customer in writing prior to the signing of this Contract. Cost of dealing with unforeseen conditions shall become extra and shall be added to the Contract sum at the rate of Pacific Play Systems, Inc.’s cost plus 20%. Customer shall indemnify Pacific Play Systems, Inc. from any liability associated with damage to underground utilities due to Unforeseen Conditions.
41. UTILITIES: Utilities include but are not limited to water, sewer, gas, electricity, irrigation lines & wiring, data, phone, drainage lines, etc. To minimize damage to utilities, Customer shall mark, cap or relocate all underground utilities that are located within the work area, prior to the start of work. Pacific Play Systems, Inc. and its subcontractors shall do their best to minimize damage to underground utilities that are identified by the Customer prior to the start of construction. However, should unintended damage occur due to site operations, repairs or relocation of underground utilities shall be excluded from the scope of our work. If utilities are damaged or have to be relocated, the Customer shall repair, replace or relocate them at Customer’s cost as soon as possible to minimize delays. At Customer’s request, repairs may be made to damaged utilities by Pacific Play Systems, Inc. or its subcontractors at an additional cost of actual cost plus 20%.
42. UTILITY LOCATING SERVICE: For projects requiring excavation, prior to the start of work, Customer shall either clearly mark underground utilities and their depth, hire a utility locating service to locate them or authorize Pacific Play Systems, Inc. to hire a utility locating service to do so. Locating underground utilities is not an exact science and sometimes they are missed by utility locating companies or locations are not accurate, leading to unintended damage during excavation. Also, PVC or plastic pipes cannot be detected by these companies.
Therefore, some potential damage to utilities should be expected. If utilities are damaged, Customer shall hold Pacific Play Systems, Inc., its subcontractors, employees and officers harmless as it relates to any potential damages or liabilities. If underground utilities are damaged, regardless of whether a utility locating service was hired or not, Customer shall be responsible for the cost of their repair, replacement or relocation.
43. WARRANTY: Equipment warranties are provided by equipment manufacturers and not by Pacific Play Systems, Inc. Material warranties are provided by the supplier of materials and not by Pacific Play Systems, Inc.
When available, Pacific play Systems, Inc. shall provide copies of equipment and material warranties to Customer upon request. Pacific Play Systems, Inc. shall warrant all Labor provided in the Scope of Work for a period of one year from the date of completion.
Customer acknowledges that moving parts (spinners, zip lines, track rides, rope connections, swings, etc.) require regular maintenance in order to stay operational. Pacific Play Systems, Inc. shall not be responsible for the maintenance of these items which may involve tightening of bolts, connections, etc. Any service calls required to maintain moving parts (even during the one-year labor warranty) shall be billed to Customer at cost plus 20%. Zip lines require additional maintenance to operate properly and shall be regularly maintained by the Customer. 322 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: April 1, 2025
STAFF REPORT
AGENDA TITLE: DISCUSS PROJECTS TO BE INCLUDED IN FISCAL YEARS 2025/26 THROUGH 2029/30 CAPITAL IMPROVEMENT PROGRAM
RECOMMENDATION
Discuss projects to be included in fiscal years 2025/26 through 2029/30 Capital Improvement Program and provide Staff direction.
EXECUTIVE SUMMARY
The Capital Improvement Program (CIP) is a five-year plan for major construction projects such as bridges, streets, traffic signals, drainage facilities, landscaping, lighting, parks, and other facilities.
Based upon Council and resident input over the past year, Staff developed a preliminary scope and budget for various projects proposed for the fiscal year (FY) 2025/26 CIP budget.
Council will be requested to appropriate funds for the FY 2025/26 CIP improvements when the operating budget and final CIP is considered in June 2025.
FISCAL IMPACT
This review does not include fiscal impact. Revenue sources are identified in Attachment
1. BACKGROUND/ANALYSIS
Staff recommends the following projects be included in the FY 2025/26 CIP:
Transportation Projects
Transportation projects are generally funded through the Pavement Management Plan (General Fund), Transportation Development Impact Fees (DIF), Gas Tax, Measure A, and SB1 funds.
STUDY SESSION ITEM NO. 1
323 CLICK HERE to Return to Agenda
2025/26 Pavement Management Plan (General Fund: $1M, Measure G: $2M) The City of La Quinta’s current 5-Year Pavement Management Plan (PMP) (Attachment 2) spans from 2021 to 2026. The proposed 2025/26 projects include slurry seal and crack seal on Adams Street from Avenue 48 to Highway 111 and Miles to Darby Road; La Quinta Highlands Neighborhood; Monticello Neighborhood; and remaining Cove streets: Avenida Diaz, Avenida Juarez, Avenida Madero, Avenida Cortez, Avenida Morales, Avenida Montezuma, Avenida Obregon, Avenida Alvarado, Avenida Rubio, Calle Nogales, Calle Ensenada, Calle Sonora, Calle Durango, Calle Sinaloa, and Calle Hidalgo. Highway 111 Corridor Area Plan Implementation and Pavement Resurfacing (Measure G: $1M)
This fiscal year includes the entry monuments.
Avenue 50 Widening Improvements (Transportation DIF: $579K) This project will be completed in partnership with the City of Indio and includes widening Avenue 50 from Jefferson Street to Madison Street to the general plan roadway conditions, including a multi-use trail along the north side. Miles Avenue Pavement Rehabilitation (General Fund: $1.6M, Measure G: $1M, Measure A: $289K)
The proposed project will include the resurfacing of Miles Avenue within the city limits.
Citywide Striping Refresh (General Fund: $500K, Measure A: $500K) This project will include striping refresh within the city limits. 5-year PMP Update (Measure A: $100K)
This project will update the City’s 5-Year Pavement Management Plan (PMP). It will include an assessment of the roads to update the City’s pavement condition index (PCI).
Washington Street Pavement Rehabilitation (General Fund: $100K) This project will include the resurfacing of Washington Street from Eisenhower Drive to the northern city limit. This year’s budget is for design. Cove Area Slurry Seal Improvements Phase 2 (SB1: $1M) This project is the second of two phases to complete the slurry seal improvements of the Cove area streets.
Drainage Improvements
2526DRA Citywide Drainage Enhancements (General Fund: $477K) This project will upgrade drainage facilities for a minimum 150-year storm protection in accordance with the Focused Drainage Study. The upcoming drainage projects to be completed are Eisenhower Drive at Avenue 50 and on Avenida Bermudas and Desert Club Dr North of Calle Tampico. 324 CLICK HERE to Return to Agenda
Parks and Facilities Projects
Landscape and Lighting Median Island Improvements (General Fund: $500K) This project entails refurbishing City-owned medians south of Highway 111, prioritized over five years. Staff has developed an implementation strategy that recommends priorities and landscape materials.
Maintenance and Operations Yard (Measure G: $9.8M, Maintenance and Facilities Development Impact Fees: $363K)
This project was approved by Council as part of the 2018/19 CIP. The proposed funding will begin the construction phase for the Maintenance and Operations Yard improvements.
Cultural Campus (General Fund: $1.5M, Measure G: $1.2M, Community and Cultural Center DIF: $483K)
This project was approved by Council as part of the 2019/20 CIP. The proposed funding includes additional construction funding for the Cultural Campus site improvements.
Bear Creek Trailhead Restroom (General Fund: $250K)
Construction of a restroom facility located at the entrance to the Bear Creek Trail on Eisenhower Drive and Calle Tampico.
Recurring Maintenance Funds
ADA Accessible Ramps – Various Locations (General Fund: $20K) Citywide Preventative Maintenance Plan Improvements (Equipment Replacement Fund: $50K)
Sidewalks – Various Locations (General Fund: $55K)
Citywide Traffic Signal Maintenance Improvements (Measure A: $235K) Other Adjustments
Citywide Miscellaneous ADA Improvements (CDBG: $136K) This is a continuation of implementing ADA improvements at City parks, buildings, intersection curb ramps and sidewalks based upon the City's ADA Transition Plan Report.
Existing Developer Impact Fee Reimbursement Agreements (Transportation DIF:
$400K)
The City entered into reimbursement agreements with nine development entities that constructed improvements for the benefit of the City in anticipation of future reimbursement from development impact fees. In 2017 the Council set reimbursement priorities; 9 of 11 developers submitted the required documentation and have been included in the approved repayment plan (Attachment 3). 325 CLICK HERE to Return to Agenda
Projects on the Horizon
The CIP also identified future year projects, some of which are listed below:
Corporate Centre Drive Gap Closure (FY 2026/27)
Avenue 47 Pavement Rehabilitation (Washington Street to Adams Street) (FY 2026/27)
Phase III Public Safety Camera System (FY 2026/27)
New Traffic Signal at Washington Street at Lake La Quinta Drive (FY 2026/27) Francis Hack Lane Pavement Rehabilitation (Avenida Bermudas to Cul-De-Sac) (FY 2026/27)
Citywide Arterial Slurry Seal Improvements (FY 2026/27) North La Quinta Slurry Seal Improvements/Pavement Repair (FY 2027/28) Highway 111/Simon Drive Dual Left Turn Lanes (FY 2027/28) Staff seeks direction on all projects included in the draft CIP. After incorporating comments from Council, an updated CIP program will be presented for adoption in June.
Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Draft FY 2025/26 through 2029/30 CIP Project Revenue Summary
2. 2021 Pavement Management - 5 Year Plan
3. DIF Reimbursement Agreement Repayment Schedule
326 CLICK HERE to Return to Agenda
CITY OF LA QUINTA
CAPITAL IMPROVEMENT PROGRAM
REVENUE SUMMARY
Project # Project Description
General
Fund
Operating
Measure G
Sales Tax
Community
/Cultural
Center DIF
SB 1 Road
Maint/Rehab
Transportation
DIF
Maintenance
and Facilities
DIF Measure A
Other
Revenue
Other
Revenue Source Total
2025/2026
2526ADA ADA Accessible Ramps - Various Locations 20,000 20,000 2526CPM Citywide Preventative Maintenance Plan Improvements 50,000 Equip Replacement Fund 50,000 2526PMP Pavement Management Plan Street Improvements 1,000,000 2,000,000 3,000,000 2526STI Sidewalks - Various Locations 55,000 55,000
2526TMI Citywide Traffic Signal Maintenance Improvements 235,000 235,000 2526DRA Citywide Drainage Enhancements 477,000 477,000
201702 Developer Reimbursement for DIF Eligible Improvements 400,000 400,000 201804 Landscape and Lighting Median Island Improvements 500,000 500,000 201805 Maintenance and Operations Yard 9,800,000 362,526 10,162,526 201901 Cultural Campus 1,550,000 1,200,000 482,561 3,232,561 201905 Highway 111 Corridor Area Plan Implementation (for 2022-25) 1,000,000 1,000,000 202205 Avenue 50 Widening Improvements (Jefferson Street to Madison Street) 579,109 579,109 202301 Miles Avenue Pavement Rehabilitation 1,600,000 1,000,000 289,132 2,889,132 202409 Bear Creek Trailhead Restroom 250,000 250,000
202501 Citywide Striping Refresh 500,000 500,000 1,000,000 202502 Cove Area Slurry Seal Improvements Phase 2 1,006,705 1,006,705 202504 5-Year PMP Update 100,000 100,000
202505 Washington Street Pavement Rehabilitation Project (Eisenhower Drive to northern city limit) 100,000 100,000 202506 FY 2526 Citywide Miscellaneous ADA Improvements (Plaza La Quinta) 136,000 CDBG 136,000 FY 2025/2026 SUBTOTAL: 6,052,000 15,000,000 482,561 1,006,705 979,109 362,526 1,124,132 186,000 25,193,033 2026/2027
2627ADA ADA Accessible Ramps - Various Locations 20,000 20,000 2627CPM Citywide Preventative Maintenance Plan Improvements 50,000 Equip Replacement Fund 50,000 2627PMP Pavement Management Plan Street Improvements 1,000,000 1,000,000 2,000,000 2627STI Sidewalks - Various Locations 55,000 55,000
2627TMI Citywide Traffic Signal Maintenance Improvements 235,000 235,000 2627DRA Citywide Drainage Enhancements 477,000 477,000
201702 Developer Reimbursement for DIF Eligible Improvements 400,000 400,000 201804 Landscape and Lighting Median Island Improvements 500,000 500,000 201805 Maintenance and Operations Yard 7,500,000 7,500,000 201905 Highway 111 Corridor Area Plan Implementation (for 2022-25) 1,000,000 1,000,000 202301 Miles Avenue Pavement Rehabilitation 250,000 250,000 202601 Avenue 47 Pavement Rehabilitation (Washington Street to Adams Street) 900,000 900,000 202602 Phase III Public Safety Camera System 3,000,000 3,000,000 202603 Washington Street at Lake La Quinta Drive (New Traffic Signal) 430,000 430,000 202604 Francis Hack Lane Pavement Rehabilitation (Avenida Bermudas to Cul-De-Sac) 405,730 405,730 202605 Corporate Centre Drive Gap Closure 1,000,000 1,000,000 202606 Welcome Center Improvements 0
202607 Citywide Arterial Slurry Seal Improvements 1,000,000 1,000,000 FY 2026/2027 SUBTOTAL: 2,052,000 12,500,000 0 1,000,000 1,830,000 0 1,790,730 50,000 19,222,730 2027/2028
2728ADA ADA Accessible Ramps - Various Locations 20,000 20,000 2728CPM Citywide Preventative Maintenance Plan Improvements 50,000 Equip Replacement Fund 50,000 2728PMP Pavement Management Plan Street Improvements 1,000,000 1,000,000 2,000,000 2728STI Sidewalks - Various Locations 55,000 55,000
2728TMI Citywide Traffic Signal Maintenance Improvements 235,000 235,000 2728DRA Citywide Drainage Enhancements 477,000 477,000
201702 Developer Reimbursement for DIF Eligible Improvements 400,000 400,000 201804 Landscape and Lighting Median Island Improvements 500,000 500,000 201905 Highway 111 Corridor Area Plan Implementation (for 2022-25) 1,000,000 1,000,000 202701 North La Quinta Slurry Seal Improvements/Pavement Repair 1,500,000 1,500,000 202702 Highway 111/Simon Drive Dual Left Turn Lanes 1,000,000 1,000,000 FY 2027/2028 SUBTOTAL: 2,052,000 2,000,000 0 1,000,000 400,000 0 1,735,000 50,000 7,237,000 ATTACHMENT 1
327 CLICK HERE to Return to Agenda
CITY OF LA QUINTA
CAPITAL IMPROVEMENT PROGRAM
REVENUE SUMMARY
Project # Project Description
General
Fund
Operating
Measure G
Sales Tax
Community
/Cultural
Center DIF
SB 1 Road
Maint/Rehab
Transportation
DIF
Maintenance
and Facilities
DIF Measure A
Other
Revenue
Other
Revenue Source Total
2028/2029
2829ADA ADA Accessible Ramps - Various Locations 20,000 20,000 2829CPM Citywide Preventative Maintenance Plan Improvements 50,000 Equip Replacement Fund 50,000 2829PMP Pavement Management Plan Street Improvements 1,000,000 1,000,000 2,000,000 2829STI Sidewalks - Various Locations 55,000 55,000
2829TMI Citywide Traffic Signal Maintenance Improvements 235,000 235,000 2829DRA Citywide Drainage Enhancements 477,000 477,000
201702 Developer Reimbursement for DIF Eligible Improvements 139,723 139,723 201804 Landscape and Lighting Median Island Improvements 500,000 500,000 201905 Highway 111 Corridor Area Plan Implementation (for 2022-25) 1,000,000 1,000,000 202801 Washington Street Pavement Rehabilitation (Sagebrush Drive to Fred Waring Drive) 1,000,000 1,000,000 1,665,361 3,665,361 FY 2028/2029 SUBTOTAL: 2,052,000 3,000,000 0 1,000,000 139,723 0 1,900,361 50,000 8,142,084 2029/2030
2930ADA ADA Accessible Ramps - Various Locations 20,000 20,000 2930CPM Citywide Preventative Maintenance Plan Improvements 50,000 Equip Replacement Fund 50,000 2930PMP Pavement Management Plan Street Improvements 1,000,000 1,000,000 2,000,000 2930STI Sidewalks - Various Locations 55,000 55,000
2930TMI Citywide Traffic Signal Maintenance Improvements 235,000 235,000 2930DRA Citywide Drainage Enhancements 477,000 477,000
201804 Landscape and Lighting Median Island Improvements 500,000 500,000 201905 Highway 111 Corridor Area Plan Implementation 1,000,000 1,000,000 202901 Avenue 52 Pavement Rehabilitation 1,128,502 1,609,991 2,738,493 FY 2029/2030 SUBTOTAL: 2,052,000 2,000,000 0 1,128,502 0 0 1,844,991 50,000 7,075,493 TOTAL FISCAL YEARS 2025/26 THROUGH 2029/30: 14,260,000 34,500,000 482,561 5,135,207 3,348,832 362,526 8,395,214 386,000 66,870,340 328 CLICK HERE to Return to Agenda
CITY OF LA QUINTA
CAPITAL IMPROVEMENT PROGRAM
EXPENDITURE SUMMARY
Project # Project Description
Engineering/
Design Construction
Inspection/
Testing/
Survey Professional Contingency Other
Other
Expenditure Total
2025/2026
2526ADA ADA Accessible Ramps - Various Locations 1,450 14,000 1,350 1,200 2,000 20,000 2526CPM Citywide Preventative Maintenance Plan Improvements 3,625 35,000 3,375 3,000 5,000 50,000 2526PMP Pavement Management Plan Street Improvements 217,500 2,100,000 202,500 180,000 300,000 3,000,000 2526STI Sidewalks - Various Locations 3,988 38,500 3,713 3,300 5,500 55,000 2526TMI Citywide Traffic Signal Maintenance Improvements 0 235,000 0 0 0 235,000 2526DRA Citywide Drainage Enhancements 34,583 333,900 32,198 28,620 47,700 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 0 0 0 0 0 400,000 Reimbursement 400,000 201804 Landscape and Lighting Median Island Improvements 0 500,000 0 0 0 500,000 201805 Maintenance and Operations Yard 736,783 7,113,768 685,971 609,752 1,016,253 10,162,526 201901 Cultural Campus 234,361 2,262,793 218,198 193,954 323,256 3,232,561 201905 Highway 111 Corridor Area Plan Implementation (for 2022-25) 72,500 700,000 67,500 60,000 100,000 1,000,000 202205 Avenue 50 Widening Improvements (Jefferson Street to Madison Street) 0 200,000 0 0 0 579,109 202301 Miles Avenue Pavement Rehabilitation 0 5,000,000 0 0 0 2,889,132 202409 Bear Creek Trailhead Restroom 0 17,500 16,875 15,000 25,000 250,000 202501 Citywide Striping Refresh 72,500 700,000 67,500 60,000 100,000 1,000,000 202502 Cove Area Slurry Seal Improvements Phase 2 165,000 0 0 0 0 1,006,705 202504 5-Year PMP Update 7,250 70,000 6,750 6,000 10,000 100,000 202505 Washington Street Pavement Rehabilitation Project (Eisenhower Drive to northern city limit) 450,000 0 0 28,000 0 100,000 202506 FY 2526 Citywide Miscellaneous ADA Improvements (Plaza La Quinta) 9,860 95,200 9,180 8,160 13,600 136,000 FY 2025/2026 SUBTOTAL: 2,009,399 19,415,661 1,315,108 1,196,985 1,948,309 400,000 25,193,033 2026/2027
2627ADA ADA Accessible Ramps - Various Locations 1,450 14,000 1,350 1,200 2,000 20,000 2627CPM Citywide Preventative Maintenance Plan Improvements 3,625 35,000 3,375 3,000 5,000 50,000 2627PMP Pavement Management Plan Street Improvements 145,000 1,400,000 135,000 120,000 200,000 2,000,000 2627STI Sidewalks - Various Locations 3,988 38,500 3,713 3,300 5,500 55,000 2627TMI Citywide Traffic Signal Maintenance Improvements 0 235,000 0 0 0 235,000 2627DRA Citywide Drainage Enhancements 34,583 333,900 32,198 28,620 47,700 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 0 0 0 0 0 400,000 Reimbursement 400,000 201804 Landscape and Lighting Median Island Improvements 36,250 350,000 33,750 30,000 50,000 500,000 201805 Maintenance and Operations Yard 543,750 5,250,000 506,250 450,000 750,000 7,500,000 201905 Highway 111 Corridor Area Plan Implementation 72,500 700,000 67,500 60,000 100,000 1,000,000 202301 Miles Avenue Pavement Rehabilitation 18,125 175,000 16,875 15,000 25,000 250,000 202601 Avenue 47 Pavement Rehabilitation (Washington Street to Adams Street) 65,250 630,000 60,750 54,000 90,000 900,000 202602 Phase III Public Safety Camera System 217,500 2,100,000 202,500 180,000 300,000 3,000,000 202603 Washington Street at Lake La Quinta Drive (New Traffic Signal) 31,175 301,000 29,025 25,800 43,000 430,000 202604 Francis Hack Lane Pavement Rehabilitation (Avenida Bermudas to Cul-De-Sac) 29,415 284,011 27,387 24,344 40,573 405,730 202605 Corporate Centre Drive Gap Closure 72,500 700,000 67,500 60,000 100,000 1,000,000 202606 Welcome Center Improvements 0 0 0 0 0 0
202607 Citywide Arterial Slurry Seal Improvements 72,500 700,000 67,500 60,000 100,000 1,000,000 FY 2026/2027 SUBTOTAL: 1,347,610 13,246,411 1,254,672 1,115,264 1,858,773 400,000 19,222,730 329 CLICK HERE to Return to Agenda
CITY OF LA QUINTA
CAPITAL IMPROVEMENT PROGRAM
EXPENDITURE SUMMARY
2027/2028
2728ADA ADA Accessible Ramps - Various Locations 1,450 14,000 1,350 1,200 2,000 20,000 2728CPM Citywide Preventative Maintenance Plan Improvements 3,625 35,000 3,375 3,000 5,000 50,000 2728PMP Pavement Management Plan Street Improvements 145,000 1,400,000 135,000 120,000 200,000 2,000,000 2728STI Sidewalks - Various Locations 3,988 38,500 3,713 3,300 5,500 55,000 2728TMI Citywide Traffic Signal Maintenance Improvements 0 235,000 0 0 0 235,000 2728DRA Citywide Drainage Enhancements 34,583 333,900 32,198 28,620 47,700 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 0 0 0 0 0 400,000 Reimbursement 400,000 201804 Landscape and Lighting Median Island Improvements 36,250 350,000 33,750 30,000 50,000 500,000 201905 Highway 111 Corridor Area Plan Implementation 72,500 700,000 67,500 60,000 100,000 1,000,000 202701 North La Quinta Slurry Seal Improvements/Pavement Repair 108,750 1,050,000 101,250 90,000 150,000 1,500,000 202702 Highway 111/Simon Drive Dual Left Turn Lanes 72,500 700,000 67,500 60,000 100,000 1,000,000 FY 2027/2028 SUBTOTAL: 478,645 4,856,400 445,635 396,120 660,200 400,000 7,237,000 2028/2029
2829ADA ADA Accessible Ramps - Various Locations 1,450 14,000 1,350 1,200 2,000 20,000 2829CPM Citywide Preventative Maintenance Plan Improvements 3,625 35,000 3,375 3,000 5,000 50,000 2829PMP Pavement Management Plan Street Improvements 145,000 1,400,000 135,000 120,000 200,000 2,000,000 2829STI Sidewalks - Various Locations 3,988 38,500 3,713 3,300 5,500 55,000 2829TMI Citywide Traffic Signal Maintenance Improvements 0 235,000 0 0 0 235,000 2829DRA Citywide Drainage Enhancements 34,583 333,900 32,198 28,620 47,700 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 0 0 0 0 0 139,723 Reimbursement 139,723 201804 Landscape and Lighting Median Island Improvements 36,250 350,000 33,750 30,000 50,000 500,000 201905 Highway 111 Corridor Area Plan Implementation 72,500 700,000 67,500 60,000 100,000 1,000,000 202801 Washington Street Pavement Rehabilitation (Sagebrush Drive to Fred Waring Drive) 265,739 2,565,753 247,412 219,922 366,536 3,665,361 FY 2028/2029 SUBTOTAL: 563,134 5,672,153 524,297 466,042 776,736 139,723 8,142,084 2029/2030
2930ADA ADA Accessible Ramps - Various Locations 1,450 14,000 1,350 1,200 2,000 20,000 2930CPM Citywide Preventative Maintenance Plan Improvements 3,625 35,000 3,375 3,000 5,000 50,000 2930PMP Pavement Management Plan Street Improvements 145,000 1,400,000 135,000 120,000 200,000 2,000,000 2930STI Sidewalks - Various Locations 3,988 38,500 3,713 3,300 5,500 55,000 2930TMI Citywide Traffic Signal Maintenance Improvements 0 235,000 0 0 0 235,000 2930DRA Citywide Drainage Enhancements 34,583 333,900 32,198 28,620 47,700 477,000 201804 Landscape and Lighting Median Island Improvements 36,250 350,000 33,750 30,000 50,000 500,000 201905 Highway 111 Corridor Area Plan Implementation 72,500 700,000 67,500 60,000 100,000 1,000,000 202901 Avenue 52 Pavement Rehabilitation 198,541 1,916,945 184,848 164,310 273,849 2,738,493 FY 2029/2030 SUBTOTAL: 495,936 5,023,345 461,733 410,430 684,049 0 7,075,493 TOTAL FISCAL YEARS 2025/2026 THROUGH 2029/2030: 4,894,724 48,213,970 4,001,445 3,584,840 5,928,067 1,339,723 66,870,340 330 CLICK HERE to Return to Agenda
ATTACHMENT 2
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DEVELOPER
(RESPONSIVE / CONFIRMED)
AGREEMENT
DATE CIP PROJECT DESCRIPTION NTE AMOUNT
TOTAL POINTS
ACCRUED FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 ND La Quinta Partners, LLC 4-Dec-07 Avenue 52 - Improved One Lane of Travel & Installed Raised/Landscaped Median $ 1,344,690 18 $ 65,455 $ 65,455 $ 66,536 $ 77,563 $ 90,000 $ 90,000 $ 101,106 $ 101,408 $ 140,021 $ 204,400 $ 225,000 $ 117,747 East of Madison, LLC 4-Dec-07 Avenue 52 - Improved One Lane of Travel & Installed 1/2 Raised/Landscaped Medi $ 669,920 17 $ 61,818 $ 61,818 $ 62,839 $ 73,254 $ 85,000 $ 85,000 $ 95,489 $ 95,775 $ 48,926 $ - $ - $ - East of Madison, LLC (Part 1) 26-Jan-16 Madison Street - Improved One Lane of Travel & Installed Raised/Landscaped Med $ 976,266 14 $ 50,909 $ 50,909 $ 51,750 $ 60,327 $ 70,000 $ 70,000 $ 78,638 $ 78,873 $ 108,905 $ 158,978 $ 175,000 $ 21,976 Toll Brother's Inc. (Part 1) 6-Feb-08 Avenue 50 - Installed Full Median Curb & Median Island Landscape $ 179,062 13 $ 47,273 $ 47,273 $ 48,054 $ 36,463 $ - $ - $ - $ - $ - $ - $ - $ - East of Madison, LLC (Part 2) 26-Jan-16 Avenue 54 - Improved One Lane of Travel & Striped 1/2 width Painted Median $ 524,010 11 $ 40,000 $ 40,000 $ 40,661 $ 47,400 $ 55,000 $ 55,000 $ 61,787 $ 61,972 $ 85,568 $ 36,622 $ - $ - ND La Quinta Partners, LLC 26-Jan-16 Madison Street - Improved One Lane of Travel $ 418,400 11 $ 40,000 $ 40,000 $ 40,661 $ 47,400 $ 55,000 $ 55,000 $ 61,787 $ 61,972 $ 16,580 $ - $ - $ - Lennar Homes of California, Inc 6-Jun-11 Fred Waring Drive - Installed full Median Curb & Median Island Landscape $ 103,083 10 $ 36,364 $ 36,364 $ 30,356 $ - $ - $ - $ - $ - $ - $ - $ - $ - Sam's Real Estate Business Trus 10-Oct-12 Dune Palms Road - Installed Full Median Curb & Median Island Landscape $ 228,697 9 $ 32,727 $ 32,727 $ 33,268 $ 38,782 $ 45,000 $ 45,000 $ 1,193 $ - $ - $ - $ - $ - Toll Brother's Inc. (Part 2) 6-Feb-08 Avenue 52 - Median Island Improvements (Landscape Only) $ 95,596 7 $ 25,455 $ 25,455 $ 25,875 $ 18,812 $ - $ - $ - $ - $ - $ - $ - $ - $ 4,539,723 110 $ 400,000 $ 400,000 $ 400,000 $ 400,000 $ 400,000 $ 400,000 $ 400,000 $ 400,000 $ 400,000 $ 400,000 $ 400,000 $ 139,723 $ Denotes the final payment due to the Developer
DEVELOPER
(NON-RESPONSIVE)
AGREEMENT
DATE CIP PROJECT DESCRIPTION NTE AMOUNT
TOTAL POINTS
ACCRUED
Greystone Clubhouse Assoc., LL 12-Jun-08 Avenue 52 - Improved One Lane of Travel & Installed Raised/Landscaped Median $ 463,894 15 T.D. Desert Development LLP 12-Oct-06 Avenue 50 - Installed 1/2 Median Curb (with Landscape) $ 186,900 10 650,794 25
CITY OF LA QUINTA
CAPITAL IMPROVEMENT PROGRAM
DEVELOPER REIMBURSEMENT AGREEMENT REPAYMENT
The above listed developers (two total) have not submitted the appropriate invoices or documentation, and are therefore considered as "Non‐Responsive". The repayment plan above does not include the total of the Non‐Responsive Developers ($650,794) in its total ($4,539,723).
TOTAL DEVELOPER REIMBURSEMENT:TOTAL DEVELOPER REIMBURSEMENT:
This repayment plan is applicable to the Developers who have submitted invoices to the City, and the City has reviewed / approved repayment.This method calculates the overall percentage based on the Total Points Accrued, and allows the Developers to receive annual payments accordingly, until the Agreement has been satisfied. The percentage of (Total Points Accrued / Total Points) was determined for each Developer Reimbursement Agreement and multiplied by an annual anticipated payment of $400,000 to determine how much each Developer shall receive each year. In the event that a Developer's Agreement was fulfilled in a year, and there was a remainder of the anticipated $400,000, a new percentage, excluding the points from the previously repaid developer, was calculated and redistributed within that same Fiscal Year.
ATTACHMENT 3
ATTACHMENT 3
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PLANNING COMMISSION MINUTES Page 1 of 5 FEBRUARY 25, 2025
PLANNING COMMISSION
MINUTES
TUESDAY, FEBRUARY 25, 2025
CALL TO ORDER
A regular meeting of the La Quinta Planning Commission (Commission) was called to order at 5:00 p.m. by Chairperson Hassett.
PRESENT: Commissioners Guerrero, Hernandez, Hundt, McCune, Nieto, Tyerman, and Chairperson Hassett
ABSENT: None
STAFF PRESENT: Design and Development Director Danny Castro, Public Works Director Bryan McKinney, Planning Manager Cheri Flores, Associate Planner Siji Fernandez, Assistant Planner Jack Lima, Deputy City Attorney Jessica Sanders, and Commission Secretary Tania Flores
PLEDGE OF ALLEGIANCE
Commissioner Hundt led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None.
CONFIRMATION OF AGENDA
MOTION – A motion was made and seconded by Commissioners Guerrero/Tyerman to confirm the agenda as published. Motion passed unanimously.
ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS – None.
CONSENT CALENDAR
1. APPROVE MEETING MINUTES DATED NOVEMBER 12, 2024
MOTION – A motion was made and seconded by Commissioners Nieto/Hernandez to approve the Consent Calendar as presented. Motion passed unanimously.
BUSINESS SESSION – None.
REPORTS AND INFORMATIONAL ITEM NO. 32
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PLANNING COMMISSION MINUTES Page 2 of 5 FEBRUARY 25, 2025
PUBLIC HEARINGS
1. CONSIDER ADOPTING A RESOLUTION TO APPROVE CONDITIONAL USE PERMIT (CUP) 2024-0003 AND SITE DEVELOPMENT PERMIT 2024-0004 FOR EXPANSION OF AN EXISTING MARKET AND EXISTING FUEL STATION; CEQA:
THIS PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15301 (CLASS 1) EXISTING FACILITIES AND SECTION 15332 (CLASS 32) IN-FILL DEVELOPMENT PROJECT LOCATION; 77985 AVENIDA
MONTEZUMA
DECLARATIONS OF COMMISSION PUBLIC CONTACT OR CONFLICTS: Chairperson Hassett said that he met and spoke to the applicant at an unrelated event in which the project was mentioned but that there was no conflict on his part.
Associate Planner Fernandez presented the staff report, which is on file in the Design and Development Department.
The Commission discussed the Vehicle Miles Traveled (VMT) Screening Analysis; California Environmental Quality Act (CEQA) thresholds defining “minor” expansion exemptions; terms of the current lease between the United States Post Office (Post Office) and Tower Energy Group for the existing building on the south parcel of the proposed project; number and location of additional parking spaces proposed and required with the proposed expansion; public comment received regarding the project; proposed landscape improvements; fuel storage tank replacement and monitoring; and fuel pump relocation and proposed orientation of fuel pumps.
CHAIRPERSON HASSETT DECLARED THE PUBLIC HEARING OPEN AT 5:18 P.M.
PUBLIC SPEAKER: Mark Vasey, Vice President with Tower Energy Group – introduced himself and answered questions regarding the current lease and communications had with the Post Office; fuel tank replacement, size of new tanks, updated monitoring processes, and disposal of contaminated soils; number of electric vehicle charging stations included in the project; fuel truck servicing and operations; availability of diesel fuel and grades of gasoline; plans for increasing hours of operation or adding carwash facilities within Tower Markets; expected increase in customers; details of floor plan and parking expansion; sound and light mitigation measures; and details regarding the perimeter wall at southern property border.
PUBLIC SPEAKER: Nick Fullerton, Founder and Principal with Fullerton Architects – provided the location of public air and water filling stations.
PUBLIC SPEAKER: Rich Clark, Civil Engineer with RTM Engineering Consultants – provided information regarding changes to the grading and sloping of the south parcel; and realignment plan and communications with Imperial Irrigation District for power to the project.
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PLANNING COMMISSION MINUTES Page 3 of 5 FEBRUARY 25, 2025 Commission Secretary Flores said that the City received no public comment on this item and no requests to speak.
CHAIRPERSON HASSETT DECLARED THE PUBLIC HEARING CLOSED AT 5:35 P.M.
Commission discussion followed regarding the lack of public comment received due to the loss of the Post Office and expansion of fueling stations: appropriateness of location; demand for this expansion; hours of operations as defined in the CUP; the loss of a local Post Office location and public outreach and notifications to the community; additional VMT due to Post Office closure not included in the VMT analysis; consistency with the Village atmosphere; noise and visual impact and mitigation at the southern property line; and additional architectural design and embellishments needed in the proposed building addition.
Deputy City Attorney Sanders provided information on federal guidelines and noticing requirements for Post Office closures; public noticing requirements for the demotion of existing buildings; the ability of the Commission to continue the item and request additional noticing prior to consideration.
CHAIRPERSON HASSETT DECLARED THE PUBLIC HEARING RE-OPENED AT 6:02 P.M.
Mr. Vasey expressed willingness to make architectural changes discussed by Commission, including additional height and noise mitigation at the south perimeter wall and design features and embellishment of the building addition.
Mr. Fullerton identified proposed seating inside the market available to customers and stated there would be no outside seating.
The Commission reached a consensus to include additional Conditions of Approval in the proposed resolution to ensure additional design elements and embellishments were added to the east, south, and west elevations and additional noise mitigations at the south perimeter are constructed including additional masonry wall height and landscaping.
MOTION – A motion was made and seconded by Commissioners McCune/Tyerman to adopt Planning Commission Resolution No. 2025-001 approving Conditional Use Permit 2024-0003 and Site Development Permit 2024-0004 as amended to include additional Conditions of Approval, as noted in the discussion above and listed below:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA
QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND
SITE DEVELOPMENT PERMIT FOR THE EXPANSION OF AN EXISTING
MARKET AND EXISTING FUEL STATION LOCATED ON THE SOUTHWEST
CORNER OF AVENIDA MONTEZUMA AND AVENIDA BERMUDAS AND
FIND THAT THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15301 EXISTING FACILITIES AND SECTION 15332 IN-FILL DEVELOPMENT PROJECT
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PLANNING COMMISSION MINUTES Page 4 of 5 FEBRUARY 25, 2025 CASE NUMBERS: CONDITIONAL USE PERMIT 2024-0003; SITE
DEVELOPMENT PERMIT 2024-0004
PROJECT: TOWER MARKET EXPANSION
APPLICANT: JOHN MCFARLAND; RTM ENGINEERING
As amended to include the following additional Conditions of Approval under “PLANNING COMMISSION” as items Nos. 84 and 85:
84. The applicant shall add precast concrete to door recessed area on the east elevation and raise the wainscoting on the east, south, and west to match the north elevation to the satisfaction of the Planning Manager.
85. The applicant shall construct a masonry wall up to 6 feet on the Tower Market side with landscaping along the south wall for sound attenuation and screening.
Motion passed unanimously.
STUDY SESSION – None.
STAFF ITEMS
1. GENERAL PROJECT UPDATE
Planning Manager Flores provided information on: (1) upcoming projects, including La Quinta Dental Campus, Highway 111/Adams Drive Thru, PGA West Infill Lots, Cell Tower Permit Extensions, and the Club at Coral Mountain Golf Course; (2) recently approved projects including Bravo Estates, Calle Estado Mixed Use, and McQuaid Studio Mixed Use project; (3) projects under construction including Chick-fil-A and QuickQuack Carwash, Daiso, Rancho La Quinta Fitness Center, Oasis Residential Project, and Jefferson Street Apartments; (4) recently completed projects including Point Happy residential project and the La Quinta Resort Adult Pool Remodel; (5) status updates of the Sphere of Influence annexation and the Highway 111 Corridor Specific Plan.
Commission discussion followed regarding the timeline for Highway 111/Adams Drive Through with the Highway 111 Corridor plan; Robert’s Rules of Order process for the Commission to make a motion to reconsider an item approved during the same meeting; additional outreach planned regarding pending Post Office closure; the cost of building affordable housing units (example: Arroyo Crossings Apartments in Indio); and the date of the annual Boards and Commissions Joint meeting with Council scheduled for March 20, 2025, beginning at 5:00 p.m. at the La Quinta Wellness Center.
COMMISSIONER ITEMS
Commissioner Tyerman announced his resignation from the Planning Commission as of March 27, 2025, and expressed his appreciation to the Commission and staff. 336 CLICK HERE to Return to Agenda
PLANNING COMMISSION MINUTES Page 5 of 5 FEBRUARY 25, 2025
ADJOURNMENT
There being no further business, a motion was made and seconded by Chairperson Hasset/Commissioner Guerrero to adjourn this meeting at 6:51 p.m. Motion passed unanimously.
Respectfully submitted,
TANIA FLORES, Commission Secretary
City of La Quinta, California
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FINANCIAL ADVISORY COMMISSION Page 1 of 4 FEBRUARY 12, 2025
MINUTES
FINANCIAL ADVISORY COMMISSION
MINUTES
WEDNESDAY, FEBRUARY 12, 2025
CALL TO ORDER
A regular quarterly meeting of the La Quinta Financial Advisory Commission (Commission) was called to order at 3:32 p.m. by Chair Dorsey.
PRESENT: Commissioners Anderson, Batavick (joined the meeting at 3:58 p.m.), Kiehl, Lee, Mast, Way, and Chair Dorsey
ABSENT: None
PLEDGE OF ALLEGIANCE
Commissioner Way led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
CONFIRMATION OF AGENDA – Confirmed
ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS
1. EXPANDING LA QUINTA’S ELECTRICAL CAPACITY UPDATE
City Manager McMillen provided a detailed overview of Imperial Irrigation District’s (IID) electric supply and delivery system to the Coachella Valley, and specifically, electric capacity conditions and needs in La Quinta as IID’s power distribution substations have reached or are nearing capacity and require upgrades to support existing customers and new developments.
Mr. McMillen noted the City’s is actively collaborating with IID and developers to establish cost-sharing funding options for new substations to provide power capacity for the future and ensure reimbursement of City investments; the importance to initiate substation upgrades now due to 3-to-4-year lead times for new transformers and switch gear; new developments in La Quinta continue to face challenges with power availability; and the regional efforts to establish the proposed Coachella Valley Power Agency (CVPA) Joint Powers Agreement (JPA) to establish long-term solutions and allow greater control over energy distribution and planning.
COMMISSIONER BATAVICK JOINED THE MEETING AT 3:58 P.M.
The Commission discussed the details of a “stand-alone” power provider; the estimated cost for the City to purchase the long-lead time equipment; building in an escalator to REPORTS AND INFORMATIONAL ITEM NO. 33
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FINANCIAL ADVISORY COMMISSION Page 2 of 4 FEBRUARY 12, 2025
MINUTES
recoup from developers, the lost interest on funds fronted by the City; the City of Indio established the Indio Electric Financing Authority pursuant to a Joint Exercise of Powers Agreement in 2023 and imposed a surcharge for electric services; the complexity and time involved in creating and operating a CVPA among multiple cities and agencies; how the JPA voting on provision of electricity to new projects would be handled and projects prioritized; proposed locations for new substations; commitments needed prior to placing orders for the long-lead time equipment; the ability of the proposed JPA to include a surcharge to existing rate payers to cover the unanticipated additional capacity they consume; the option now, and in the future, to obtain power from other electric companies such as Southern California Edison (Edison); the inability of solar power to provide the solution; the current threat of outages and brown-outs due to substations operating in excess of capacity; the failure of the green energy policy of the State; the importance for La Quinta to be aggressive on this issue for its residents; nuclear energy as an important part of the future solution; the dimensions of a substation; the timeline for buying power from sources other than IID; source of California’s energy being from Utah coal plants; inefficiency of solar farms in producing sufficient energy; the initial purpose of IID as a water company, and the obstacles farmers in the east Coachella Valley currently face; exploring the possibility of Coachella Valley Water District (CVWD) becoming a power provider in the future; Edison’s interest/capacity to provide La Quinta’s power; and support for the use of Measure G reserves to move forward in solving power needs provided reimbursement is ensured.
CONSENT CALENDAR ITEMS
1. RECEIVE AND FILE SPECIAL MEETING MINUTES DATED DECEMBER 4, 2024
2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED OCTOBER 31, 2024
3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED NOVEMBER 30, 2024
MOTION – A motion was made and seconded by Commissioners Batavick/Mast to approve the Consent Calendar as presented. Motion passed unanimously.
BUSINESS SESSION
1. RECEIVE AND FILE FISCAL YEAR 2023/24 GENERAL FUND YEAR-END
BUDGET REPORT
Finance Director Martinez presented the staff report, which is on file in the Finance Department.
The Commission discussed the dollar amount of the multi-year capital improvements carry-overs; how multi-year projects are budgeted; details on carry-overs on Schedule C 340 CLICK HERE to Return to Agenda
FINANCIAL ADVISORY COMMISSION Page 3 of 4 FEBRUARY 12, 2025
MINUTES
of the budget report and providing additional explanation; the importance of the ten-year projections; creating an assignment category for IID equipment; planning for future economic uncertainties and disasters; and the critical issue for La Quinta’s maintenance and growth is electrical capacity, and support for using Measure G reserves to facilitate efforts moving forward.
COMMISSIONER WAY LEFT THE MEETING AT 4:52 P.M.
MOTION – A motion was made and seconded by Commissioners Batavick/Kiehl to receive and file fiscal year 2023/24 General Fund Year-End Budget Report as presented.
Motion passed: ayes – 6, noes – 0, abstain – 0, absent – 1 (Way).
STUDY SESSION – None
DEPARTMENTAL REPORTS
1. FINANCE DEPARTMENT CURRENT AND FUTURE INITIATIVES
Finance Director Martinez announced that Rosemary Hallick, La Quinta’s Principal Management Analyst, was appointed to the California Asset Management Program (CAMP) Board of Trustees, the Joint Powers Authority for Finance Officers and Treasurers of California public agencies for investments, meaning La Quinta will now have a representative in decisions at that higher level.
Finance Director Martinez reported on the transition to the new audit firm; the ten-year projection task force; software updates; financial statement training; various ongoing City updates, including the timeline for Federal Emergency Management Agency reimbursements for tropical storm Hilary; and upcoming events.
2. THIRD QUARTER 2024 (JULY-SEPT) SALES TAX UPDATE
Principal Management Analyst Hallick presented the departmental report, which is on file in the Finance Department. The report highlighted a decline in sales tax revenue, attributed to decreased consumer spending. Staff continue to monitor economic trends and maintain proactive budget management.
COMMISSIONERS’ ITEMS
Commissioner Keihl explained incentives for business improvements may be timely; the City could consider these types of programs to assist businesses with major remodels, upgrades, etc. for hotels and other businesses, potentially using Measure G reserves starting a year from now; suggested funding more road improvements; and suggested including incentives in the road improvement requests for proposals for bidders that agree to avoid disruption by working around event schedules, and busy times of day/seasons. 341 CLICK HERE to Return to Agenda
FINANCIAL ADVISORY COMMISSION Page 4 of 4 FEBRUARY 12, 2025
MINUTES
Staff noted in recent years the City has increased spendings on its annual infrastructure improvement projects.
ADJOURNMENT
There being no further business, it was moved and seconded by Commissioners Mast/Anderson to adjourn this meeting at 5:30 p.m. Motion passed: ayes – 6, noes – 0, abstain – 0, absent – 1 (Way).
Respectfully submitted,
Amanda Guerrero, Temporary Administrative Technician
City of La Quinta, California
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Measure J and Measure D Project Update – All current monies have been allocated, with the largest amount going towards work on construcƟng a temporary Federal InspecƟon StaƟon so it can become operaƟonal as soon as possible, thereby opening-up the possibility of expanding internaƟonal routes.
MarkeƟng Update – January passenger was 5.3% up from 2024; February was 1.2% up from 2024.
On air service, Flair’s Canadian service is shortening their season, ending on April 6th. Other Canadian airlines are seeing weakening demand throughout the US, but PSP is less impacted due to many Canadian second homeowners being here in the Coachella Valley. USA air service is seeing weakening demand leading to a reducƟon in summer routes. However, American and United are extending their service to Chicago ORD to dates later than previously planned, June 4th and June 11th respecƟvely. Also, Alaska has extended their service to Portland to year-round service.
Employment Update – Doing finalist interviews with three candidates for the new Deputy Director of Capital Development posiƟon.
Projects and Capital Improvement Program Update – Excerpts on Key Capital Projects:
Bono Concourse Escalators:
Background: This project is intended to replace the escalators leading to the Bono Concourse with new escalators to reduce noise and to theoreƟcally improve the operaƟonal “up-Ɵme”. Both Bono concourse escalators were refurbished with new parts on top of an old backbone structure in 2020. This “hybridizaƟon” has caused the noise that is currently being produced by the escalators. At the request of the Commission, the ExecuƟve Director has tasked airport staff with researching the costs and effort of replacing the escalators.
Status: In-Process. The Airport Maintenance Superintendent had an iniƟal assessment conducted of the current escalators to determine replacement requirements. Two sources advised that the current model of escalators are no longer in producƟon (disconƟnued in 1999) and improvement to the exisƟng escalator would include not only the equipment but a complete reconstrucƟon of the escalator REPORTS AND INFORMATIONAL ITEM NO. 34
Palm Springs Airport Commission Budget and Finance Committee Report – March 19, 2025, Meeting Discussion and Action Items:
Current Airport MaƩers – Discussed current airline agreement, including revenue sharing of unanƟcipated shorƞalls and surpluses between the Airport and the Airlines on a 50% / 50% basis. Also, staff is looking at being able to administraƟvely adjust parking rates based upon demand, thereby being able to proacƟvely lower rates when passenger acƟvity is slower.
FY 25-26 Budget and FY 26-27 – Reviewed the preliminary biennial operaƟon budget. No financial specifics were ready to be shared - - just a discussion on process.
Capital Projects Update – Project Manager Harman Singh presented. Some commissioners expressed frustraƟon and wanted to go faster and have the City front the money ahead of federal funding. My recommendaƟon was to instead go slow on projects requiring federal funds support unƟl we see what direcƟon the federal budget is going to take, and create a worst case scenario regarding federal funds.
See details on a few key projects below under the full Commission meeƟng report.
Budget Next Steps – This commiƩee begin having quarterly meeƟngs instead of just one per year. ___________________________________________________________________________________ Palm Springs Airport Commission Report – March 19, 2025, Meeting Discussion and Action Items:
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foundaƟon, including trusses and wells. The level of effort suggests that this project will exceed what was iniƟally expected to be $2 million for replacement of the components only. The airport is securing the services of our on-call engineer to provide a complete wriƩen scope of the level of effort and to begin what will likely be design work on the project. This project was not originally included in the airport’s 5- year capital plan. The ExecuƟve Director has now added the escalators as a new project and will present it to the Signatory Airlines for a Majority-In-Interest vote. Should the Signatory Airlines approve this project, the airport anƟcipates the need to move an exisƟng scheduled project (to be determined) into a future year to ensure funding capacity and staff resources are available to complete the escalator project. The ExecuƟve Director esƟmates that the soonest this project can be completed is summer of 2026 assuming the airlines approve the project, the design is accelerated, procurement is accelerated, and permits get approved promptly.
Outbound Baggage Handling System Replacement:
Background: This project is intended to modify or replace the current outbound baggage handling system with a new inline baggage handling system to improve capacity and process efficiency, implement addiƟonal technology for bag tracking, reduce or eliminate single points of failure, and improve ergonomics.
Status: In process - Procurement: AECOM [Architecture, Engineering, ConstrucƟon, OperaƟons and Management] has completed 100% design of the Outbound Baggage Handling system and building modificaƟon. The design of the project has been reviewed and signed off by the TransportaƟon Security AdministraƟon and was subject to extensive collaboraƟon and review of the airlines throughout the design process. PSP has tasked our on-call consultant with providing an independent secondary peer review of the design as a measure of quality control. An InvitaƟon to Bid was issued on February 12th (IB PSP-04) and remain open for 30 days. The Airport will know the cost of construcƟon at Bid closing. The Airport must seek formal approval from Signatory Airlines serving PSP to proceed with this project under a Majority-In-Interest (MII) vote. The Signatory Airlines will meet and confer with a vote anƟcipated no later than March 2025. Due to urgency around federal funding, PSP hopes to award this project no later than mid-April. ConstrucƟon of this project is anƟcipated to begin in the summer of 2026, however it is possible this project could be accelerated if external factors dictate. The project is expected to take 20 - 24 months. Airport staff anƟcipates funding this project using Airport revenues, BiparƟsan Infrastructure Law -Airport Infrastructure Grants, Airport Terminal Grants, TSA Funding.
Baggage Claim Expansion and RenovaƟon:
Background: This project was previously idenƟfied on the airport’s Capital Improvement Program (CIP) list for start in FY 2025.
Status: In process - design. In the Fall of 2022, Airport staff applied for a naƟon-wide compeƟƟve grant under the Airports Terminal Program (ATP) under the 2021 BiparƟsan Infrastructure Law. Airport staff was noƟfied on February 27th that PSP had been awarded a $5.7M grant to parƟally fund expansion of baggage claim. Airport staff has determined that a ConstrucƟon Manager at Risk (CMAR) project delivery methodology is appropriate for this project and Request for Proposal #34-23 was adverƟsed. A contract award for ConstrucƟon Manager at Risk to Skanska was approved by the City Council in July 2023 with a project budget of $45M. Bag Claim design is now at 100%. AŌer 16 months, PSP received noƟce from the FAA affirming that this project has been environmentally cleared. The original project anƟcipated leveraging funding that was announced under e InflaƟon and Infrastructure Jobs Act to parƟally fund this project; however, the $5.7 million grant announced to PSP in February 2023 for the bag claim expansion was clawed back and reallocated to another airport due to the prolonged environmental process. PSP has since applied for addiƟonal compeƟƟve funding for this project and will conƟnue to apply for subsequent Airport Terminal Program grant funding under the Bi-ParƟsan Infrastructure Law, however future compeƟƟve grants are not guaranteed. Due to the claw back of ATP funding in December 2023, combined with the emergence of informaƟon concerning the needs of the commercial 344 CLICK HERE to Return to Agenda
runway, airport staff is forced to re-prioriƟze projects to maximize budget resources. Airport is unable to determine a construcƟon date for this project unƟl further informaƟon about the maintenance needs of the runway is known and unƟl the Signatory Airlines conduct a Majority-In-Interest vote.
Next Commission Meeting: April 16, 2025, at 4:00 PM.
2025 Airport Commission Calendar – Future planned meeƟngs on 4/16, 5/21, 6/18, 7/16, 9/17, 10/15, 11/19, 12/10.
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BUDGET AND FINANCE COMMITTEE MEETING AGENDA
Airport Conference Room, Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Wednesday, March 19, 2025 - 2:30 P.M.
To view/listen/participate in the meeting live, please contact Tanya Perez at [email protected] or the following telephone number (760) 318-3805 to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, in order to access the meeting and offer public comment.
Any person who wishes to provide public testimony in public comments is requested to file a speaker card before the Public Comments portion of the meeting. You may submit your public comment to the Airport Commission electronically. Material may be emailed to: [email protected] - Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the Airport Commission and retained for the official record.
1. CALL TO ORDER
2. POSTING OF AGENDA
3. ROLL CALL
4. ACCEPTANCE OF AGENDA
5. PUBLIC COMMENTS: Limited to three minutes
6. APPROVAL OF MINUTES: February 20, 2024
7. DISCUSSION AND ACTION ITEMS:
7.A Appoint New Chairperson
7.B FY25-26 and FY26-27 Draft Budget Review
8. COMMISSIONERS REPORTS AND REQUESTS
9. ADJOURNMENT
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PUBLIC NOTICES
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at (760) 323-8204.
It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Department of Aviation, (760) 318-3800, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.
AFFIDAVIT OF POSTING
I, Harry Barrett, Jr., Airport Executive Director, City of Palm Springs, California, hereby certify this agenda was posted on March 17, 2025, in accordance with established policies and procedures. 347 CLICK HERE to Return to Agenda
9 AIRPORT COMMISSION MEETING AGENDA
Airport Conference Room, Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Wednesday, March 19, 2025 4:00 P.M.
To view/listen/participate virtually in the meeting live, please contact Tanya Perez at [email protected] or the following telephone number (760) 318-3805 to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, to access the meeting and offer public comment. Registration is not required to attend the meeting in person.
Any person who wishes to provide public testimony in public comments is requested to register for the Public Comments portion of the meeting. You may submit your public comments to the Airport Commission electronically. Material may be emailed to: [email protected] - Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the Airport Commission and retained for the official record.
To view Airport Commission meeting videos, click on YouTube.
City of Palm Springs: Riverside County:
Margaret Park
City of Cathedral City:
Christian Samlaska
City of Palm Desert:
Kevin Wiseman Kevin J. Corcoran
Chairman
Todd Burke
Vice Chairman
Dave Banks J Craig Fong City of Indian Wells:
Robert Berriman
City of Coachella:
Denise Delgado
City of Rancho Mirage:
Keith Young
Daniel Caldwell Ken Hedrick
Bryan Ebensteiner Tracy Martin City of La Quinta:
Geoffrey Kiehl
City of Desert Hot Springs:
Dirk Voss
City of Indio:
Rick Wise
David Feltman Samantha McDermott
Palm Springs City Staff
Scott C. Stiles, ICMA-CM Harry Barrett Jr., A.A.E. Jeremy Keating, C.M.
City Manager Executive Director or Aviation Assistant Airport Director
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
2. POSTING OF AGENDA
3. ROLL CALL
4. ACCEPTANCE OF AGENDA
5. PUBLIC COMMENTS:
Limited to three minutes on any subject within the purview of the Commission.
6. DISCUSSION AND ACTION ITEMS:
6.A Conference Room Remodel
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Airport Commission Meeting Agenda
March 19, 2025 Page 2
_______________________________________________________________________________________
6.B Measure J Project Updates
6.C Budget and Finance Review Committee Update
6.D Concessions Update
6.E Marketing Update
6.F Financial Update
6.G Employment Update
6.H Project and Airport Capital Improvement Program Update
7. EXECUTIVE DIRECTOR REPORT
8. COMMISSIONERS REQUESTS AND REPORTS
9. REPORT OF COUNCIL ACTIONS:
9.A Past City Council Actions
9.B Future City Council Actions
10. RECEIVE AND FILE:
10.A Airline Activity Report February 2025
10.B Airline Activity Report Fiscal Year Comparison
11. COMMITTEES:
11.A Future Committee Meetings
11.B Committees Roster
ADJOURNMENT:
The Airport Commission will adjourn to the Regular Meeting on April 23, 2025, at 4:00 P.M.
AFFIDAVIT OF POSTING
I, Harry Barrett, Jr., Executive Director of Aviation, City of Palm Springs, California, hereby certify this agenda was posted on March 13, 2025, in accordance with established policies and procedures.
PUBLIC NOTICES
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the Citys website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at (760) 323-8204.
It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Department of Aviation, (760) 318-3800, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.
349 CLICK HERE to Return to Agenda