Agenda packet — La Quinta City Council, January 20, 2026 (part 1 of 5)

CITY COUNCIL AGENDA Page 1 of 8 JANUARY 20, 2026

CITY COUNCIL
AGENDA

CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, JANUARY 20, 2026
3:00 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION
Members of the public may listen to this meeting by tuning-in live via www.laquintaca.gov/livemeetings; past meetings are available through the video archive via www.laquintaca.gov/pastmeetings Closed captions in English and Spanish are available to all users through this video streaming service

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

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the “Public Comments – Instructions” listed at the end of the agenda. The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)].

CONFIRMATION OF AGENDA

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9;
CASES NAMES AND NUMBERS – MULTIPLE (listed below, all in U.S. Bankruptcy Court, District of Delaware)
CASE NAME: CASE NUMBER
SilverRock Development Company, LLC 24-11647
SilverRock Lifestyle Residences, LLC 24-11648
SilverRock Lodging, LLC 24-11650
SilverRock Luxury Residences, LLC 24-11652
SilverRock Phase I, LLC 24-11654
RGC PA 789, LLC 24-11657
City Council agendas and staff reports
are available on the City’s
web page: www.LaQuintaCA.gov
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CONSENT CALENDAR ITEM NO. 12 WAS

PULLED FROM THE AGENDA
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CITY COUNCIL AGENDA Page 2 of 8 JANUARY 20, 2026

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9;
NAME OF CASE: CONSTRUCTION LOAN SERVICES II, LLC V. SILVERROCK DEVELOPMENT COMPANY, ET AL. (U.S. District Court, District of Delaware, CASE NO. 25-1342-CFC)

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9;
NAME OF CASE: CITY OF LA QUINTA V. SILVERROCK DEVELOPMENT COMPANY, ET AL. (RIVERSIDE COUNTY SUP. CT. CASE NO. CVPS2404750)

4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)

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

REPORT ON ACTION(S) TAKEN IN CLOSED SESSION

PLEDGE OF ALLEGIANCE

ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS

1. SILVERROCK (FORMERLY TALUS) DEVELOPMENT PROJECT – STATUS UPDATE

2. MARTHA’S VILLAGE AND KITCHEN – INTRODUCE NEW PRESIDENT AND CEO

MIKKI JORDAN

3. INTRODUCE NEW AND PROMOTED CITY STAFF MEMBERS

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

PAGE

1. APPROVE COUNCIL MEETING MINUTES DATED DECEMBER 2, 2025 9

2. APPROVE COUNCIL MEETING MINUTES DATED DECEMBER 16, 2025 17 Return to Agenda Link
CITY COUNCIL AGENDA Page 3 of 8 JANUARY 20, 2026
37 43
45 47
49 53
57 61
63 69

3. ADOPT RESOLUTION TO AUTHORIZE APPLICATION FOR FEDERAL

FINANCIAL ASSISTANCE PROVIDED BY THE DEPARTMENT OF HOMELAND

SECURITY AND SUB-GRANTED THROUGH THE STATE OF CALIFORNIA AND THE COUNTY OF RIVERSIDE [RESOLUTION NO. 2026-001]

4. AUTHORIZE OVERNIGHT TRAVEL FOR DEPUTY CITY CLERK TO ATTEND THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY 2026 RISK MANAGEMENT ACADEMY IN OCEANSIDE, CALIFORNIA, FEBRUARY 3-5, 2026

5. AUTHORIZE OVERNIGHT TRAVEL FOR FINANCE TECHNICIAN TO ATTEND

THE CALIFORNIA ASSOCIATION OF PUBLIC PROCUREMENT OFFICIALS ANNUAL CONFERENCE IN SAN DIEGO, CALIFORNIA, FEBRUARY 1-4, 2026

6. AUTHORIZE OVERNIGHT TRAVEL FOR THREE PLANNING

COMMISSIONERS AND ONE PLANNING STAFF MEMBER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL PLANNING COMMISSIONERS’ ACADEMY IN ANAHEIM, CALIFORNIA, MARCH 11-13, 2026

7. ACCEPT HIGHWAY 111 PAVEMENT REHABILITATION PROJECT NO. 2022- 25, LOCATED ON HIGHWAY 111 FROM THE CITY LIMITS WEST OF

WASHINGTON STREET TO THE CITY LIMITS AT JEFFERSON STREET

8. ACCEPT OFF-SITE AND ON-SITE IMPROVEMENTS ASSOCIATED WITH THE CANTERA RESIDENTIAL DEVELOPMENT, TRACT MAP NO. 31249, LOCATED ON THE SOUTH SIDE OF AVENUE 58, WEST OF MADISON STREET

9. ACCEPT OFF-SITE IMPROVEMENTS ASSOCIATED WITH THE GRIFFIN RANCH RESIDENTIAL DEVELOPMENT, TRACT MAP NO. 32879, LOCATED AT THE SOUTHEAST CORNER OF AVENUE 54 AND MADISON STREET

10. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE CITYWIDE STRIPING REFRESH PROJECT NO. 2025-01

11. APPROPRIATE FUNDING FOR FISCAL YEAR 2025-26 AND APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH

CONVERGINT TECHNOLOGIES, LLC TO PROVIDE PUBLIC SAFETY

CAMERA SYSTEM MAINTENANCE SERVICES FOR TWO-YEAR EXTENSION

12. Pulled from the agenda by staff >>> APPROVE AMENDMENT NO. 9 TO

AGREEMENT FOR CONTRACT SERVICES WITH GHD, INC FOR THE
HIGHWAY 111 CORRIDOR PROJECT NO. 2019-05

13. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH DOKKEN ENGINEERING TO PREPARE PLANS, SPECIFICATIONS, AND ENGINEER’S

ESTIMATE FOR THE BRIDGE PREVENTATIVE MAINTENANCE PROGRAM PROJECT NO. 2023-33
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CITY COUNCIL AGENDA Page 4 of 8 JANUARY 20, 2026
159
169
185
195
201

14. APPROVE AMENDMENT NO. 6 TO AGREEMENT FOR CONTRACT SERVICES

WITH IN-SITE LANDSCAPE ARCHITECTURE TO PROVIDE ADDITIONAL

CONSTRUCTION SUPPORT SERVICES FOR THE FRITZ BURNS PARK
IMPROVEMENTS PROJECT NO. 2021-02

15. APPROVE AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT WITH THE CITY OF INDIO FOR THE AVENUE 50 WIDENING IMPROVEMENTS PROJECT NO. 2022-05, LOCATED BETWEEN JEFFERSON STREET AND MADISON STREET

16. APPROVE EMPLOYMENT AGREEMENT WITH DAVID NEWELL TO SERVE AS

DESIGN AND DEVELOPMENT DIRECTOR

17. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED NOVEMBER 30, 2025

18. APPROVE DEMAND REGISTERS DATED DECEMBER 5, 12, 19, AND 26, 2025

19. APPROVE DEMAND REGISTERS FOR SOUTHERN CALIFORNIA GAS COMPANY DATED NOVEMBER 14 AND DECEMBER 12, 2025
233

BUSINESS SESSION
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1. INTRODUCE FOR FIRST READING AN ORDINANCE ADDING CHAPTER 5.94 TO TITLE 5 OF THE LA QUINTA MUNICIPAL CODE RELATED TO

REGULATING THE SALE AND DISTRIBUTION OF KRATOM PRODUCTS WITHIN THE CITY [ORDINANCE NO. 628]
239

STUDY SESSION
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1. DISCUSS SILVERROCK PARK FACILITY MURAL CONCEPTS 257
PUBLIC HEARINGS – 5:00 p.m. or thereafter
For all Public Hearings on the agenda, a completed “Request to Speak” form must be filed with the City Clerk prior to consideration of that item; comments are limited to three (3) minutes (approximately 350 words).

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

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1. CONTINUED FROM NOVEMBER 18, 2025: CONTINUE THE PUBLIC HEARING FOR THE HIGHWAY 111 SPECIFIC PLAN AND DEVELOPMENT CODE
PROJECT TO A DATE CERTAIN (ENVIRONMENTAL ASSESSMENT 2024- 263
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CITY COUNCIL AGENDA Page 5 of 8 JANUARY 20, 2026
0002, SPECIFIC PLAN 2022-0002, ZONE CHANGE 2024-0002, AND ZONING ORDINANCE AMENDMENT 2024-0002); CEQA: A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL ASSESSMENT 2024-0002, SCH#
2025050964) HAS BEEN PREPARED FOR THE PROPOSED PROJECT; LOCATION: GENERALLY NORTH OF AVENUE 48, SOUTH OF THE

COACHELLA VALLEY STORMWATER CHANNEL, EAST OF WASHINGTON

STREET AND WEST OF JEFFERSON STREET
[RESOLUTIONS NOS. 2026-002 AND 2026-003; ORDINANCE NO. 629]

DEPARTMENTAL REPORTS

1. CITY MANAGER

2. CITY ATTORNEY

3. CITY CLERK

4. COMMUNITY SERVICES

5. DESIGN AND DEVELOPMENT

6. FINANCE

7. PUBLIC SAFETY

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

REPORTS AND INFORMATIONAL ITEMS

1. ART PURCHASE COMMITTEE (McGarrey & Sanchez)

2. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Sanchez)

3. CANNABIS AD HOC COMMITTEE (Peña & Sanchez)

4. COACHELLA VALLEY ANIMAL CAMPUS COMMISSION (Sanchez)

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

6. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey)

7. COACHELLA VALLEY POWER AGENCY (Evans)

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

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

10. COMMUNITY SERVICE GRANT REVIEW COMMITTEE (Fitzpatrick & McGarrey)

11. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS:

A) CONSERVATION COMMISSION (Evans)

B) CONSERVATION COMMISSION LEGISLATIVE ADVISORY AD HOC COMMITTEE (Fitzpatrick)
C) ENERGY AND SUSTAINABILITY RESOURCES COMMITTEE (Evans) D) EXECUTIVE COMMITTEE (Evans)
E) HOMELESSNESS COMMITTEE (Peña)
F) PUBLIC SAFETY COMMITTEE (Peña)
G) TRANSPORTATION COMMITTEE (Fitzpatrick)

12. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey)

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

14. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick)

15. GREATER COACHELLA VALLEY CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (McGarrey)
893
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CITY COUNCIL AGENDA Page 6 of 8 JANUARY 20, 2026

16. LEAGUE OF CALIFORNIA CITIES:

A) ANNUAL CONFERENCE DELEGATE (Evans)
B) ENVIRONMENTAL QUALITY POLICY COMMITTEE (McGarrey)
C) EXECUTIVE COMMITTEE – RIVERSIDE COUNTY DIVISION (McGarrey) D) PUBLIC SAFETY COMMITTEE (Sanchez)

17. LOCAL AGENCY FORMATION COMMISSION:

A) CALIFORNIA ASSOCIATION (Sanchez)
B) RIVERSIDE (Sanchez)

18. PALM SPRINGS AIR MUSEUM BOARD & EXECUTIVE COMMITTEE (Evans)

19. RIVERSIDE COUNTY:

A) AIRPORT LAND USE COMMISSION (Sanchez)
B) TRANSPORTATION COMMISSION (Fitzpatrick)
C) TRANSPORTATION COMMISSION AUDIT AD HOC COMMITTEE (Fitzpatrick)

D) TRANSPORTATION COMMISSION COACHELLA VALLEY SAN GORGONIO PASS AREA CORRIDOR AD HOC COMMITTEE (Fitzpatrick)

20. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Sanchez) A) REGIONAL COUNCIL (Sanchez)
B) TRANSPORTATION COMMITTEE (Sanchez)

21. SUNLINE TRANSIT AGENCY (Peña)

22. 23.

VISIT GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans)

PALM SPRINGS AIRPORT COMMISSION MEETING MINUTES DATED
DECEMBER 16, 2025

ADJOURNMENT
*********************************
The next regular meeting of the City Council will be held on February 3, 2026, at 4:00 p.m., at the City Hall Council Chamber, 78495 Calle Tampico, La Quinta, CA 92253.

DECLARATION OF POSTING
I, Monika Radeva, City Clerk of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was published on the City’s website in the “Calendar / Public Meetings” direct link from the City’s home page, and posted at the following freely accessible bulletin boards to members of the public, located near the entrance to the Council Chamber at 78495 Calle Tampico and the La Quinta Cove Post Office at 51321 Avenida Bermudas, on January 16, 2026.

DATED: January 16, 2026
MONIKA RADEVA, City Clerk
City of La Quinta, California
CITY COUNCIL AGENDA Page 7 of 8 JANUARY 20, 2026

PUBLIC NOTICES
 Agenda packet materials are available for public inspection: 1) at the Clerk’s Office at La Quinta City Hall, located at 78495 Calle Tampico, La Quinta, California 92253; and 2) on the City’s website at www.laquintaca.gov/publicmeetings in accordance with the Brown Act [Government Code §§ 54954.2, 54956, 54957.5]
 The La Quinta City Council Chamber is wheelchair accessible. If hearing assistance equipment is needed, please call the City Clerk’s office at (760) 777-7147, 24-hours in advance of the meeting and accommodation will be made.
 If background material is to be presented to the City Council during a City Council meeting, please be advised that 15 copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this takes place prior to the beginning of the meeting.

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

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

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

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

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

Members of the public who utilize a translator shall be provided at least twice of the allotted time to ensure non-English speakers receive the same opportunity to directly address the Council.

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

Public speakers may elect to use printed presentation materials to aid their comments; 15 copies of such printed materials shall be provided to the City Clerk to be disseminated to the City Council, made public, and incorporated into the public record of the meeting; it is requested that the printed Return to Agenda Link
CITY COUNCIL AGENDA Page 8 of 8 JANUARY 20, 2026
Written public comments – can be provided in person during the meeting or emailed to the City Clerk’s Office at [email protected] any time prior to the adjournment of the meeting, and will be distributed to the City Council, made public, incorporated into the public record of the meeting, and will not be read during the meeting unless, upon the request of the Mayor, a brief summary of any public comment is asked to be read, to the extent the City Clerk’s Office can accommodate such request.

Closed Caption and Translation – are accessible through the Zoom Webinar audiovisual platform and accessible in real-time to all teleconference participants.

Return to Agenda Link
ZOOM LINK: https://us06web.zoom.us/s/88215960899
Meeting ID: 882 1596 0899
Or join by phone: (253) 215 – 8782
materials are provided prior to the beginning of the meeting. There shall be no use of Chamber resources and technology to display visual or audible presentations during public comments, unless permitted by the Mayor.

All writings or documents, including but not limited to emails and attachments to emails, submitted to the City regarding any item(s) listed or not listed on this agenda are public records. All information in such writings and documents is subject to disclosure as being in the public domain and subject to search and review by electronic means, including but not limited to the City’s Internet Web site and any other Internet Web-based platform or other Web-based form of communication. All information in such writings and documents similarly is subject to disclosure pursuant to the California Public Records Act [Government Code § 7920.000 et seq.].

TELECONFERENCE ACCESSIBILITY – INSTRUCTIONS
Teleconference accessibility may be triggered in accordance with the Brown Act “during a proclaimed state of emergency or local emergency,” as defined [Government Code (GC) § 54953.8.2]; or if a member of the City Council requests to attend and participate in this meeting remotely pursuant to any of the following: (1) “disability” [GC § 54953(c)], or (2) “just cause” [GC § 54953.8.3], as defined.

In such instances, remote public accessibility and participation will be facilitated via Zoom Webinar as detailed at the end of this agenda.
*** TELECONFERENCE PROCEDURES***

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

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

CITY COUNCIL MINUTES Page 1 of 7 DECEMBER 2, 2025

CITY COUNCIL

MINUTES
TUESDAY, DECEMBER 2, 2025

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

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

CONFIRMATION OF AGENDA
Mayor Pro Tem McGarrey said she will recuse herself from participating in the discussion and vote on Business Session Item No. 2, related to introducing an ordinance at first reading to amend Title 8 of the La Quinta Municipal Code to adopt the 2025 California Building Standards Code with local amendments, due to a potential conflict of interest stemming from a business relationship, i.e., her employer, Southern California Gas Company is a local utility provider. Council concurred.

CLOSED SESSION

Bankruptcy Court, District of Delaware)
CASE NAME: CASE NUMBER
SilverRock Development Company, LLC 24-11647
SilverRock Lifestyle Residences, LLC 24-11648
SilverRock Lodging, LLC 24-11650
SilverRock Luxury Residences, LLC 24-11652
SilverRock Phase I, LLC 24-11654
RGC PA 789, LLC 24-11657

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9;
NAME OF CASE: CITY OF LA QUINTA V. SILVERROCK DEVELOPMENT COMPANY, ET AL. (RIVERSIDE COUNTY SUP. CT. CASE NO. CVPS2404750) CONSENT CALENDAR ITEM NO. 19
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CITY COUNCIL MINUTES Page 2 of 7 DECEMBER 2, 2025

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

MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:

City Attorney Ihrke reported the following pursuant to Government Code section 54957.1 (Brown Act):
 CLOSED SESSION ITEM NO. 1
City Attorney Ihrke said, as previously announced, the U.S. Bankruptcy Court granted debtors’ (SilverRock Development Company LLC and its affiliates) motion for the sale of debtors’ assets (Debtors’ Sale Motion), free and clear of all monetary liens, which are comprised of approximately 130+/- acres of raw and partially improved land, where the former Talus project was located.

Pursuant to federal Bankruptcy Law and Procedures, one creditor, Construction Loan Services II, LLC d/b/a Builders Capital (Builders) timely noticed an appeal of the Sale Order, which is currently pending.

In order to move the escrow process forward, and by way of settlement discussions, the City, the buyer – TBE RE ACQUISITION CO II LLC, an affiliate of Turnbridge Equities, and Stewart Title Company have been negotiating an Escrow Funding and Holdback Agreement and Joint Escrow Instructions, which may be summarized as an agreement for a limited period from close of escrow, with funds deposited into a new, independent escrow relating to specified insurance obligations for Stewart Title Company.

MOTION – A motion was made and seconded by Councilmembers Sanchez/Fitzpatrick to authorize the City Manager to execute, on behalf of the City, an Escrow Funding and Holdback Agreement with Joint Escrow Instructions with Turnbridge Equities and Stewart Title Company. Motion passed unanimously.

Council’s authorization remains in place for the City Attorney, in coordination with the City Attorney’s Office and Special Counsel, to defend and protect the interests of the City in the multiple bankruptcy cases filed by SilverRock Development Company and its responsive affiliates as reported out for Closed Session Item No. 2 from the August 6, 2024, Council meeting.
 CLOSED SESSION ITEM NO. 2 – no reportable action.

PLEDGE OF ALLEGIANCE
Councilmember Peña led the audience in the Pledge of Allegiance. 10 Return to Agenda Link
CITY COUNCIL MINUTES Page 3 of 7 DECEMBER 2, 2025

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
WRITTEN PUBLIC COMMENTS were received from La Quinta resident Phyllis Kirk inquiring about installing a streetlight at the northeast corner of Calle Tampico and Seasons Way by the Seasons Senior Homes.

WRITTEN PUBLIC COMMENTS were received from La Quinta resident Mary Mann opposing the Club at Coral Mountain development which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting.

PUBLIC SPEAKER: Mary Mann, La Quinta – opposing the Club at Coral Mountain development and stating she has filed an appeal of recently approved applications for this development, scheduled to be heard by Council during a public hearing at the December 16, 2025, regular meeting, specifically appealing the adoption of Planning Commission Resolution No. 2025-012, at the October 28, 2025, Planning Commission meeting, recommending Council approval of Tentative Tract Map 2025-0001 (TTM 39058) to subdivide the 384-acre site into 204 residential lots, 1 commercia lot, and lots for the golf course, streets, and ancillary facilities, and Site Development Permits (SDP) 2025-0001 and 2025-0002 to allow the development of, respectively, (a) the perimeter landscaping and walls and (b) the construction of a sales center for the homes, due to various reasons outlined in the written public comments she submitted with the City, which she read into the record; which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting.

PUBLIC SPEAKER: Friends of the Desert Mountains – Tammy Martin, Executive Director – thanked the City for its support of the annual fundraising event “Friends & Champions” held on November 12, 2025, at SilverRock Park, and said there was a great turn out; and expressed her gratitude to the City for its continuous support of similar organizations.

ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS

1. SILVERROCK (FORMERLY TALUS) DEVELOPMENT PROJECT – STATUS UPDATE City Attorney Ihrke said there were no new updates to be reported on the bankruptcy cases, other than what was already reported out for Closed Session earlier.

2. INTRODUCE NEW AND PROMOTED CITY STAFF MEMBERS
City Manager McMillen introduced the following new City employees:

Employee Name Title Department
Connie Cota Recreation Leader Community Services
Anthony Dominguez Recreation Leader Community Services
Tyree Wilson Maintenance & Operations Worker Public Works/Facilities 11 Return to Agenda Link
CITY COUNCIL MINUTES Page 4 of 7 DECEMBER 2, 2025

CONSENT CALENDAR

1. APPROVE COUNCIL MEETING MINUTES DATED NOVEMBER 18, 2025

2. AUTHORIZE PUBLIC WORKS DEPARTMENT TO UTILIZE TRI-STATE MATERIALS TO PURCHASE UP TO $200,000 OF MATERIALS FOR FISCAL YEAR 2025/

3. APPROVE QUITCLAIM DEED OF AN EASEMENT FOR ACCESS ON
PARCEL 1 OF PARCEL MAP NO. 37729

4. DECLARE 1930 FIRE TRUCK AS SURPLUS AND APPROVE DISPOSAL METHOD

5. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED SEPTEMBER 30, 2025

6. RECEIVE AND FILE FIRST QUARTER FISCAL YEAR 2025/26 TREASURY REPORTS FOR JULY, AUGUST, AND SEPTEMBER 2025
CONSENT CALENDAR – COMMENTS
ITEM NO. 4: Mayor Evans said the 1930 Ford Model fire truck is not being “disposed” as surplus, but rather being donated to the Call-to-Adventure at the California Fire Museum, formerly known as the California Fire Museum and Safety Learning Center, a non-profit organization in Lake Forest, California, to ensure the truck’s preservation and proper safe keeping; and thanked Mr. John Zar for previously donating the truck to the City for historical display and events use.

MOTION – A motion was made and seconded by Councilmembers McGarrey/Fitzpatrick to approve the Consent Calendar as presented. Motion passed unanimously.

BUSINESS SESSION

1. APPROVE CANCELLATION OF REGULAR CITY COUNCIL MEETING OF JANUARY 6, 2026
Council waived presentation of the staff report, which is on file in the Clerk’s Office.

MOTION – A motion was made and seconded by Councilmembers Peña/Sanchez to approve cancellation of the January 6, 2026, regular Council meeting. Motion passed unanimously.

2. INTRODUCE AN ORDINANCE AT FIRST READING TO AMEND TITLE 8 OF THE LA QUINTA MUNICIPAL CODE AND ADOPT THE 2025 CALIFORNIA

BUILDING STANDARDS CODE WITH LOCAL AMENDMENTS
[ORDINANCE NO. 627]
12 Return to Agenda Link
CITY COUNCIL MINUTES Page 5 of 7 DECEMBER 2, 2025
MAYOR PRO TEM McGARREY RECUSED HERSELF FROM THE DISCUSSION AND VOTE ON BUSINESS SESSION ITEM NO. 2 DUE TO A POTENTIAL

CONFLICT OF INTEREST STEMMING FROM A BUSINESS RELATIONSHIP, i.e. HER EMPLOYER, SOUTHERN CALIFORNIA GAS COMPANY, IS A LOCAL UTILITY PROVIDER, AND LEF THE DIAS AT 4:14 P.M.

Interim Design and Development Director Flores introduced Deputy Building Official Jacob (Jake) Fuson who presented the staff report, which is on file in the Clerk’s Office.

Kohl Hendricks, Deputy Fire Marshal with Riverside County Fire Department provided additional information on the revised fire hazards zones.

Council discussed comments from local builders and the process for weighing and including their comments in ordinances; pending option to have only one accessway to second floors; fire hazard zones in the City; undergrounding electric lines; treatment of batteries related to fire hazards and means of alerting firefighters of batteries on properties; fire resistant landscaping; storage of firewood and combustible materials; and property owners’ ability to insure properties.

MOTION – A motion was made and seconded by Councilmembers Sanchez/Fitzpatrick to take up Ordinance No. 627 by title and number only and waive further reading, as presented. Motion passed: aye 4, absent 1 (McGarry recused herself).

City Clerk Radeva read the following title of Ordinance No. 627 into the record:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 8 OF THE LA QUINTA MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2025 CALIFORNIA BUILDING STANDARDS

CODE AND CERTAIN SPECIFIED APPENDICES THEREOF, AND MAKING

FINDINGS OF LOCAL CONDITIONS WITHIN THE CITY OF LA QUINTA WHICH

MAKE CERTAIN AMENDMENTS TO THE CALIFORNIA BUILDINGS

STANDARDS CODE REASONABLY NECESSARY
MOTION – A motion was made and seconded by Councilmembers Sanchez/Fitzpatrick to introduce at first reading Ordinance No. 627 revising Title 8 of the La Quinta Municipal Code relating to the adoption of the 2025 California Building Standards Code with local amendments, as presented. Motion passed: aye 4, absent 1 (McGarrey recused herself).

MAYOR PRO TEM McGARREY RETURNED TO THE DIAS AT 4:37 P.M. FOR THE

REMAINDER OF THE COUNCIL MEETING

STUDY SESSION

1. DISCUSS 2025-26 LEGISLATIVE UPDATES
City Clerk Radeva presented the staff report, which is on file in the Clerk’s Office. 13 Return to Agenda Link
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Council discussed the definition of “restoring internet service”, i.e. City’s or attendee’s internet service; section(s) of agenda where public is permitted to provide public comments via teleconference; anonymous comments will be permitted; ability to remove disruptive participants due to inappropriate/disruptive comments; requirements for disclosure of remote locations for public meetings; translation and sign language interpreter requirements for reasonable accommodations, and related payment obligations; closed captioning availability; and monitoring and adding disclaimers to posted unofficial public comments and translations.

Council reached a consensus and directed staff to:
 Add disclosure on the public bulletin board noting that the City has not authored any materials or translations posted by the public.
 Keep boards, commissions, and committees’ public meetings process as is, without providing teleconference accessibility.
 Expressed support for use of Zoom Webinar to comply with the real-time public teleconference accessibility requirements for eligible legislative bodies, effective July 1, 2026, along with the automatic machine-generated translation via closed caption.
 Revise the Rules of Procedure for public meetings and bring them back for Council’s review and consideration in quarter one of 2026 to address the teleconferencing disruption policy requirement and add/revise existing language to ensure compliance with the new regulations.

PUBLIC HEARINGS

1. ADOPT RESOLUTION TO VACATE A PORTION OF THE NORTHWEST CORNER OF AVENIDA VILLA AND THE ADJACENT ALLEY PUBLIC RIGHTOF-WAY IN THE SANTA CARMELITA AT VALE LA QUINTA SUBDIVISION, UNIT NO. 14 [RESOLUTION NO. 2025-027]
Public Works Director / City Engineer presented the staff report, which is on file in the Clerk’s Office.

MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:09 P.M.

PUBLIC SPEAKER: None
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:09 P.M.

MOTION – A motion was made and seconded by Councilmembers Sanchez/McGarrey to adopt Resolution No. 2025-027 to vacate a portion of the northwest corner of Avenida Villa and the adjacent alley public right-of-way in the Santa Carmelita at Vale La Quinta Subdivision, Unit No. 14:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A 386-SQUARE-FOOT PORTION OF PUBLIC RIGHTOR-WAY AT THE NORTHWEST CORNER OF AVENIDA VILLA AND THE 14 Return to Agenda Link
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ADJACENT ALLEY IN THE SANTA CARMELITA AT VALE LA QUINTA SUBDIVISION, UNIT NO. 14
Motion passed unanimously.

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

MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Mayor Evans reported on her, and other Councilmembers’ attendance at media interview regarding IID 58 substation; KESQ CV-Link follow up; Peace Officers luncheon; La Quinta’s State of the City event; Visit Greater Palm Springs hospitality awards; Coldwell Banker ribbon cutting; Dick Mill’s celebration of life; sponsor of Sunline Transit Agency’s annual student art contest; Art on Main; Old Town Artisan Studio gingerbread lane; Small Business Saturday; La Quinta Resort tree lighting; and Rancho La Quinta’s Thanksgiving dinner for Marines.

Mayor Pro Tem McGarrey reported on her, and other Councilmembers’ attendance at the Coachella Valley Filipino Festival; and Riverside County Office of Education Student Recognition.

Councilmember Sanchez reported on his, and other Councilmembers’ attendance at Valley Sanitation District event; and Hidden Harvest luncheon.

REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2025, Mayor Evans reported on her participation in the following organizations’ meetings:
 CVAG EXECUTIVE COMMITTEE
 COACHELLA VALLEY POWER AGENCY JOINT POWERS AGREEMENT
La Quinta’s representative for 2025, Councilmember Fitzpatrick reported on her participation in the following organization’s meeting:
 CVAG CONSERVATION COMMISSION LEGISLATIVE ADVISORY AD HOC

COMMITTEE

ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to adjourn at 5:21 p.m. Motion passed unanimously.

Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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CITY COUNCIL

MINUTES
TUESDAY, DECEMBER 16, 2025

CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:30 p.m. by Mayor Evans.

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

CONFIRMATION OF AGENDA
Councilmembers Fitzpatrick and McGarrey, and Mayor Evans said they would comment on Consent Calendar Item No. 6 related to fiscal year 2024/25 Measure G Sales Tax Annual Report.

Mayor Evans asked to pull Consent Calendar Item No. 3 related to the 2026 La Quinta Senior Inspiration Award recipient, and move it for consideration under Business Session Item No. A.

Mayor Pro Tem McGarrey said she will recuse herself and abstain from participating in the discussion and vote on Consent Calendar Item No. 1, related to the adoption of Ordinance No. 627 on second reading amending Title 8 of the La Quinta Municipal Code and adopting the 2025 California Building Standards Code with Local Amendments due to a potential conflict of interest stemming from a business relationship, i.e., her employer, Sothern California Gas Company is a local utility provider, and requested that the item be pulled for a separate vote.

Councilmember Peña said he will recuse himself from participating in the discussion and vote on Business Session Item No. 4 related to the appropriation of funding, approval of a financing agreement between the City and the Financing Authority, and approval of two agreements with Imperial Irrigation District (IID) related to the Avenue 58 substation expansion to construct a fourth transformer bank and reserve power capacity due to a potential conflict of interest stemming from a reasonable probability of future income and/or investment income from an electric power company (Secure Energy Source).

Council concurred.

CONSENT CALENDAR ITEM NO. 2
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CLOSED SESSION

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON HIGHWAY 111 EAST OF DUNE PALMS ROAD (APN 600-020-053)
CITY NEGOTIATOR: JON MCMILLEN, CITY MANAGER
PROPERTY OWNER: CITY OF LA QUINTA
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT AND/OR

DISPOSITION OF THE PROPERTY IDENTIFIED

COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:34 P.M.

MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:14 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:

City Attorney Ihrke reported the following pursuant to Government Code section 54957.1 (Brown Act):
 CLOSED SESSION ITEM NO. 1 – no reportable action; Council’s authorization remains in place for the City Attorney, in coordination with the City Attorney’s Office and Special Counsel, to defend and protect the interests of the City in the multiple bankruptcy cases filed by SilverRock Development Company LLC and its responsive affiliates as reported out for Closed Session Item No. 2 from the August 6, 2024, Council meeting.

Mr. Ihrke noted that a summary of the bankruptcy proceedings status for SilverRock Development Company LLC and its affiliates will be provided under the Announcements, Presentations, and Written Communications section of the agenda, as Presentation Item No. 1.
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 CLOSED SESSION ITEM NO. 2 – no reportable action.

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

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER: Lift to Rise Resident Engagement Coordinator Ariana Rodriguez – provided an update on Lift to Rise progress in expanding the availability of affordable housing units in the Coachella Valley through convening over 70 cross-sector partners; thanked the City of La Quinta for its partnership with Lift to Rise and proactiveness in acquiring land for the future development of affordable housing and its focus on mixeduse development; and invited Counil’s participation in developing Lift to Rise 2026-2028 action plan.

PUBLIC SPEAKER: Kathryn Hull, La Quinta – explained the problem with doves and pigeons on power lines at her property causing her to receive Code Compliance notices to continually clean their droppings; has paid for cleanings, banged on drum which only temporarily scares the birds away; stated neither she nor anyone else has control over wild birds; suggested anyone feeding birds should be told to desist; and meanwhile, we must learn to live with nature.

Mayor Evans stated that the City would investigate possible solutions through the Living Desert Zoo or the Wildlife Sanctuary to determine some bird deterrent efforts.

PUBLIC SPEAKER: Phyllis Kirk, La Quinta – thanked Council for the lighted pedestrian crosswalk installed along Calle Tampico; requested that a streetlight be installed at the northeast corner of Calle Tampico and Seasons Way; stated it’s a very dark, dangerous corner used by senior residents and families in nearby housing. (Ms. Kirk also submitted written public comments on this matter, which are notated below.) PUBLIC SPEAKER: Joan Sanka, La Quinta – said the holiday lights and decorations at the Civic Center Park are wonderful and people of all ages are enjoying them; requested that a streetlight be installed at the northeast corner of Calle Tampico and Seasons Way because it’s a very dark and busy intersection; and suggested that the white line at the stop sign and at the pedestrian crosswalk on Calle Tampico be repainted in reflective paint. (Ms. Sanka also submitted written public comments on this matter, which are notated below.)
Council directed staff to assess the lighting at the northeast corner of Calle Tampico and Seasons Way to determine if any improvements might be necessary.

City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received from the residents listed below, in alphabetical order, which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting:
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 Anne O’Brien, La Quinta – related to the use of e-bikes on hiking trails and ensuring safety.
 Phyllis Kirk, La Quinta – requested that a streetlight be installed at the northeast corner of Calle Tampico and Seasons Way.
 Joan Sanka, La Quinta – requested that (1) a streetlight be installed at the northeast corner of Calle Tampico and Seasons Way; and (2) white line at the stop sign be repainted in white reflective paint, similar to the paint used on Avenida La Fonda.

ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS

1. SILVERROCK (FORMERLY TALUS) DEVELOPMENT PROJECT – STATUS UPDATE City Attorney Ihrke said on August 5, 2024, SilverRock Development Company LLC and its affiliates (debtors), collectively referred to as “SDC,” voluntarily petitioned for Chapter 11 bankruptcy in U.S. Bankruptcy Court in Delaware; and per Council’s direction and approval, the City retained Special Counsel who has continuously been working with the City Manager and City Attorney throughout these proceedings. Prior Announcements regarding the bankruptcy case are available on the City’s website at www.laquintaca.gov/talus.

Mr. Ihrke said tonight’s update involves a significant milestone in the case relating to the sale of the former Talus property, which has now been sold from the debtors, SDC, to the Court-approved buyer, TBE RE ACQUISITION CO II LLC, a Turnbridge Equities subsidiary (TBE), and its permitted affiliated entities.

By way of background, and as previously announced, a few months ago the debtors filed a motion requesting the Bankruptcy Court approve the sale of the debtors’ assets, free and clear of all monetary liens (Debtors’ Sale Motion). The debtors’ assets are almost entirely comprised of the approximately 130+/- acres of raw and partially improved land, where the former Talus project was located. The City strongly supported the Debtors Sale Motion, both in terms of testimony and legal advocacy.

The Bankruptcy Court, after three days of hearing testimony and a fourth day of supplemental briefing and argument, granted the Debtors Sale Motion in its entirety.

As the Council is also aware, pursuant to State and City laws, the City noticed and held public hearings, both at the Planning Commission and City Council, to review and consider a host of new, governing documents between the City and TBE, including a Reinstated and Amended Development Agreement, so that the proposed TBE project applications would have been processed as required by law and completed in the event the Bankruptcy Court approved the Debtors’ Sale Motion, which was done to tee-up a closing of escrow prior to the end of this calendar year.

After the City Council had reviewed and approved the proposed TBE project for the SilverRock project site, the Bankruptcy Court approved the sale to TBE in late October. 20 Return to Agenda Link
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Pursuant to federal bankruptcy law and procedures, one creditor, Construction Loan Services II, LLC d/b/a Builders Capital (Builders) timely noticed an appeal of the Sale Order. Subsequently to noticing an appeal, Builders filed a Motion for Stay Order (Builders Stay Motion) that would have essentially frozen the bankruptcy case pending Builders’ appeal.

Pursuant to bankruptcy law and procedure, the Bankruptcy Court first heard the Stay Motion (November 11, 2025) and denied it in its entirety, in general, ruling, among other reasons, that the “public interest” strongly favored moving forward with the sale of the debtors’ property to TBE given the extensive time and investment already spent by the parties to the case.

Thereafter, under federal bankruptcy procedures, Builders filed another Emergency Motion to Stay the Sale Order in the U.S. District Court for the District of Delaware (i.e., the next federal court in the appeal hierarchy). The parties agreed to expedited briefing on this “District Court Stay Motion,” and on December 5, 2025, the District Court denied the Stay Motion, thereby clearing the way for the Debtors, TBE, and the City to move forward with closing the escrow for the sale of the former Talus site.

On December 9, 2025, escrow closed, and TBE is now the owner of the property previously owned by the debtors, SDC. As part of the closing, the City’s Debtor in Possession (DIP) Financing Loan has been repaid, and the Reinstated and Amended Development Agreement, and other land use covenants and project documents reviewed and approved by the City Council earlier this year, now govern the project site.

Again, this is a big milestone in the bankruptcy case, but the case does continue.

Builders’ appeal of the Sale Order remains pending, and briefing on this appeal is moving forward later this month and early into next year.

City Attorney Ihrke concluded that the City Attorney’s Office, Special Council, and the City Manager will keep the Council informed as to the status of case.

City Manager McMillen said an update from the developer is anticipated at a regular Council meeting in January or February 2026.

Council noted, since the bankruptcy case was filed on August 5, 2024, there have been a number of moving parts and deadlines; the City stepped up early in the process to confirm its position is established and deadlines were met, in order to secure a new developer and ensure the project moves forward, as it is going to be an amazing destination; the approximately 130+/- acres are only a component of the total 525 acre site, and the City still owns the remaining land, which will be Phase 2 of the development if the developer reaches the identified milestones.
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Council commended the City Manager, the contract City Attorney’s Office, and Special Counsel for their time, efforts, and diligence in dealing with the bankruptcy case, and for the progress made so far, even though the case continues.

2. AMERICAN PUBLIC WORKS ASSOCIATION SOUTHERN CALIFORNIA CHAPTER – AWARDED THE 2025 PROJECT OF THE YEAR B.E.S.T
(BUILDING EXCELLENCE, SHAPING TOMORROW) AWARD TO THE CITY OF LA QUINTA FOR THE DUNE PALMS BRIDGE IMPROVEMENTS PROJECT NO. 2011-05
Public Works Director / City Engineer McKinney provided a summary of the winning project, thanked the Public Works team, and explained the competition for the award.

Mayor Evans, on behalf of the Council, congratulated the Public Works Department on receiving this prestigious award, and presented it to staff.

CONSENT CALENDAR

1. >>> Pulled for a separate vote by Mayor Pro Tem McGarrey ADOPT ORDINANCE NO. 627 ON SECOND READING AMENDING TITLE 8 OF THE LA QUINTA MUNICIPAL CODE AND ADOPTING THE 2025 CALIFORNIA

BUILDING STANDARDS CODE WITH LOCAL AMENDMENTS

2. EXCUSE ABSENCE OF VICE CHAIRPERSON WEBB FROM DECEMBER 8, 2025, ARTS AND COMMUNITY SERVICES COMMISSION QUARTERLY

MEETING

3. >>> Pulled from Consent Calendar by Mayor Evans and considered as Business Session Item No. A
APPROVE RECIPIENT OF THE 2026 LA QUINTA SENIOR INSPIRATION AWARD

4. RECEIVE AND FILE FISCAL YEAR 2024/25 ART IN PUBLIC PLACES ANNUAL REPORT

5. RECEIVE AND FILE FISCAL YEAR 2024/25 DEVELOPMENT PROJECT FEE REPORT

6. RECEIVE AND FILE FISCAL YEAR 2024/25 MEASURE G SALES TAX

COMPLIANCE REPORT

7. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED OCTOBER 31, 2025

8. APPROVE DEMAND REGISTERS DATED NOVEMBER 14 AND 21, 2025 22 Return to Agenda Link
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CONSENT CALENDAR – COMMENTS ITEM NO. 6:

Mayor and Councilmembers provided the history of Measure G, the need for it in contributing to the financial health of the City, the amazing projects the resulting revenue has funded, thanked citizens for passing Measure G, and staff for getting it on the ballot.

MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve Consent Calendar Item Nos. 2, and 4 – 8 as presented. Motion passed unanimously.

CONSENT CALENDAR ITEM NO. 1 – pulled for a separate vote COUNCILMEMBER McGARREY RECUSED HERSELF, AND SAID SHE WILL

ABSTAIN FROM THE DISCUSSION AND VOTE ON CONSENT CALENDAR ITEM NO. 1 DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING

FROM A BUSINESS RELATIONSHIP WITH HER EMPLOYER, SOUTHERN

CALIFORNIA GAS COMPANY IS A LOCAL UTILITY PROVIDER, AS NOTED

DURING CONFIRMATION OF AGENDA ABOVE
MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Peña to approve Consent Calendar Item No. 1, adopting Ordinance No. 627 on second reading, as presented. Motion passed: ayes – 4, noes – 0, abstain – 1 (McGarrey), absent – 0.

BUSINESS SESSION
A. >>> Pulled from Consent Calendar Item No. 3 by Mayor Evans and moved to Business Session
APPROVE RECIPIENT OF THE 2026 LA QUINTA SENIOR INSPIRATION AWARD
Community Services Deputy Director Calderon presented the staff report, which is on file in the Clerk’s Office.

Mayor Evans explained her reasons for pulling this item for discussion, specifically the criteria used for selecting recipients. For the Senior Inspiration Award, she suggested focusing on nominees who have done work that is specific to La Quinta and awarding the Distinguished Citizens Award to others. Councilmembers concurred.

MOTION – A motion was made and seconded by Councilmembers McGarrey/Sanchez to recognize the four nominees as follows:
 Kathleen O’Regan as recipient of the Senior Inspiration Award.  Lorna Curran, Judy Hoffman, and Priscilla Paltin as recipients of the Distinguished Citizen Award.

Motions passed unanimously.
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1. APPOINT A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO TEMPORE FOR CALENDAR YEAR 2026
Council waived presentation of the staff report, which is on file in the Clerk’s Office.

Council thanked Councilmember McGarrey for her service as Mayor Pro Tem during the 2025 calendar year term.

MOTION – A motion was made and seconded by Councilmembers Sanchez/Peña to appoint Councilmember Fitzpatrick to serve as Mayor Pro Tempore for calendar year 2026. Motion passed unanimously.

2. APPOINT MEMBERS OF THE CITY COUNCIL TO SERVE ON VARIOUS OUTSIDE AGENCIES FOR CALENDAR YEAR 2026
Council waived presentation of the staff report, which is on file in the Clerk’s Office.

Council reached a consensus to keep their current appointments except for the rotating responsibilities of the appointed Mayor Pro Tem position.

MOTION – A motion was made and seconded by Councilmembers Sanchez/Peña to appoint Members of the City Council to serve on various outside agencies for calendar year 2026 as detailed in Attachment 1, incorporated herewith by this reference. Motion passed unanimously.

3. APPROVE RECIPIENT OF THE PILLAR OF THE COMMUNITY AWARD Community Services Deputy Director Calderon presented the staff report, which is on file in the Clerk’s Office.

Council discussed the qualifications of the nominees; and suggested the Arts and Community Services Commission (ACSC) consider waiting until the term of any sitting Commissioner has expired before nominating them for this award in the future.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve Philip (Phil) La Greca and Douglas (Doug) Hassett as recipients of the Pillar of the Community Award. Motion passed unanimously.

4. ADOPT RESOLUTION TO: (1) APPROPRIATE FUNDING FROM GENERAL FUND UNASSIGNED RESERVES, (2) APPROVE TRANSFER OF FUNDING

FROM CITY TO THE LA QUINTA FINANCING AUTHORITY THROUGH A

FINANCING AGREEMENT BETWEEN THE CITY AND THE FINANCING

AUTHORITY FOR THE PURCHASE OF CERTAIN LONG LEAD-TIME POWER EQUIPMENT AND RESERVATION OF POWER CAPACITY, AND (3) APPROVE

TWO AGREEMENTS WITH IMPERIAL IRRIGATION DISTRICT RELATED TO 24 Return to Agenda Link
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THE AVENUE 58 SUBSTATION ELECTRICAL INFRASTRUCTURE

IMPROVEMENTS AND PROCUREMENT OF CERTAIN POWER EQUIPMENT [RESOLUTION NO. 2025-028]
COUNCILMEMBER PEÑA RECUSED HIMSELF FROM PARTICIPATING IN THE DISCUSSION AND VOTE ON BUSINESS SESSION ITEM NO. 4 DUE TO A

POTENTIAL CONFLICT OF INTEREST STEMMING FROM A REASONABLE

PROBABILITY OF FUTURE INCOME AND/OR INVESTMENT INCOME FROM

AN ELECTRIC POWER COMPANY (SECURE ENERGY SOURCE), AS NOTED DURING CONFIRMATION OF AGENDA ABOVE, AND LEFT THE DIAS AT 5:10 P.M.

Communications Specialist Barkas and City Manager McMillen presented the staff report, which is on file in the Clerk’s Office.

Council discussed the terms and process for repayment by developers over time of any upfront financing provided by the City and Riverside County to purchase the necessary long-lead time power equipment to get this project underway and potentially to reserve power capacity; the City would provide funding through a Financing Agreement via the La Quinta Financing Authority; developers’ interest and subscriptions for power capacity; likelihood of using this arrangement as a model to fund other substations improvements in the future; the timing of the County’s involvement; positive nature of the locations of County substations within the City’s Sphere-of-Influence permitting the possibility of future growth; consistency of this arrangement with Coachella Valley Power Agency’s resolutions; and developers must reserve and purchase the electrical capacity for their entire project up front, rather than phase by phase.

PUBLIC SPEAKER: John Pedalino, Partner, Desert Estates Development, Canyon Ridge project, Washington Street – expressed desire for the City to enact a similar arrangement for the Marshall substation at Avenue 48 and Washington Street which services his development.

PUBLIC SPEAKER: James (Jim) Vauhgn, Partner with Procopio, Cory, Hargreaves & Savitch, LLP law firm, representing the Building Industry Association Coachella Valley Chapter – expressed strong support for this item; thanked the City for its leadership, especially City Manager McMillen who has guided this for the last two years; thanked the IID team for its creativity and flexibility; and noted this will benefit both new and existing users.

PUBLIC SPEAKER: Cameron Bucher, outside legal counsel for IID – thanked those involved; explained the reasons for these agreements and the process to reach this point; noted the limited space available and specific constraints at the Avenue 58 substation; and the extra three months or so it would take to increase capacity at an already electrified station.

WRITTEN PUBLIC COMMENTS were received from La Quinta resident Philip Bettencourt in support of the proposed agreements with IID, which were distributed to 25 Return to Agenda Link
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Council, made public, published on the City’s website, and included in the public record of this meeting.

Council thanked the IID Board and developers; explained the benefit of this method over a cost sharing agreement; Council has been at the forefront the energy solution in the Valley; and the greater impact of this item beyond just the one substation.

MOTION – A motion was made and seconded by Councilmembers Sanchez/Fitzpatrick to adopt Resolution No. 2025-028 as presented to:
(A) Appropriate funding up to $10 million from General Fund Unassigned Reserves. (B) Approve transfer of funding from City to the La Quinta Financing Authority through a Financing Agreement between the City and the Financing Authority for purposes of executing two agreements with Imperial Irrigation District and other stakeholders, for the purchase of certain long lead-time power equipment and reservation of power capacity; and authorize the City Manager to execute the Financing Agreement substantially in the form attached to the staff report, allowing for minor and non-substantive changes subject to review by the City Attorney; and (C) Approve (1) Engineering and Procurement Agreement (for certain long lead-time equipment to be paid by the City, subject to reimbursement thereof) and (2) Funding and Reservation of Capacity Agreement for Avenue 58 Transformer Bank Addition, with Imperial Irrigation District, Riverside County, and prospective developers for the Avenue 58 substation expansion to construct a fourth transformer bank; and authorize the City Manager to execute the agreements substantially in the forms attached to the staff report, to effectuate their respective purposes, allowing for minor and non-substantive changes subject to review by the City Attorney.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,

CALIFORNIA, APPROPRIATING FUNDING, APPROVING TRANSFER OF

FUNDING FROM THE CITY OF FINANCING AUTHORITY THROUGH A

FINANCING AGREEMENT BETWEEN THE CITY OF LA QUINTA AND

FINANCING AUTHORITY, AND APPROVING TWO AGREEMENTS RELATED

TO ELECTRICAL INFRASTRUCTURE IMPROVEMENTS AND PROCUREMENT

OF CERTAIN POWER EQUIPMENT
Motion passed: ayes – 4, noes – 0, abstain – 0, absent – 1 (Peña).

MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:54 P.M.

MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 6:12 P.M. WITH

ALL MEMBERS PRESENT
STUDY SESSION – None
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PUBLIC HEARINGS

1. ADOPT RESOLUTION TO AUTHORIZE THE CITY MANAGER TO SUBMIT

APPLICATIONS TO RIVERSIDE COUNTY HOUSING AND WORKFORCE

SOLUTIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND EXECUTE SUPPLEMENTAL AGREEMENTS FOR FISCAL YEAR 2026/27 [RESOLUTION NO. 2025-029]
Public Works Director / City Engineer McKinney introduced Administrative Technician Escarrega who presented the staff report, which is on file in the Clerk’s Office.

MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:15 P.M.

PUBLIC SPEAKER: Jennifer Broun, Grants Manager with the Boys and Girls Club of the Coachella Valley – explained the positive impacts its programs have had on local youth over the years.

MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:20 P.M.

MOTION – A motion was made and seconded by Councilmembers Sanchez/Peña to adopt Resolution No. 2025-029 authorizing the City Manager to submit applications to the Riverside County Housing and Workforce Solutions for Community Development Block Grant funds, execute the Supplemental Agreements for fiscal year 2026/27; and allocate $23,580 to the Boys and Girls Club of the Coachella Valley Fee Waiver / Reduction Program, and $133,620 to the City of La Quinta Americans with Disabilities Act Improvements Project:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,

CALIFORNIA, ADOPTING PROPOSALS, AUTHORIZING THE CITY MANAGER

TO SUBMIT APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK

GRANT FUNDS, AND AUTHORIZATION FOR THE CITY MANAGER TO
EXECUTE SUPPLEMENTAL AGREEMENT FOR FISCAL YEAR 2026/2027 Motion passed unanimously.

2. CONSIDER AN APPEAL OF PLANNING COMMISSION APPROVAL OF TENTATIVE TRACT MAP 2025-0001 (TTM 39058), SITE DEVELOPMENT PERMIT 2025-0001, AND SITE DEVELOPMENT PERMIT 2025-0002 TO ALLOW THE SUBDIVISION OF THE 384 ACRE SITE, THE DEVELOPMENT OF THE GOLF COURSE, PERIMETER LANDSCAPE, AND SALES CENTER; PROJECT: CORAL MOUNTAIN CLUB; LOCATION: SOUTHWEST CORNER OF AVENUE 58 AND MADISON CLUB
[RESOLUTION NO. 2025-030]
COUNCIL DISCLOSURES:

Councilmembrer Fitzpatrick disclosed that she spent about 90 minutes that morning meeting jointly with developers Josh Franz and Garret Simon, and appellant Mary 27 Return to Agenda Link
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Mann walking the site and discussing the project from a procedural perspective, design, and siting of project components; and she could fairly evaluate this appeal.

No other disclosures.

City Attorney Ihrke explained the purpose and process of this administrative appeal of the Planning Commission action.

Planning Consultant Nicole Criste, CEO, Terra Nova Planning & Research, Inc., presented the staff report, which is on file in the City Clerk’s Office.

MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:42 P.M.

APPELLANT: Mary Mann, La Quinta – stated that given her 15 minute allocated time, will not be able to fully discuss the appeal and her backup information; hopes to convince Council that the plans and map for this project need to be revised; the staff report contains many inaccuracies, it has not adequately addressed all the concerns presented in her appeal and provides false information regarding the true conditions of the site; does not trust that appropriate due diligence has been done; explained the work and research she has done over the last few months to understand this development, and believes it was hastily approved by Council which has led to accusations of impropriety; believes questions of residents and agencies have gone unanswered; and listed detailed reasons for her appeal and the uniqueness of Coral Mountain.

Council discussed there was no evidence presented proving there were false statements made in the staff report or studies prepared by a number of different professionals regarding the project related to environmental impacts, traffic, tribal consultation, etc.; the project is located on privately-owned property not public land; accusations of impropriety and hastily approvals were unsubstantiated; the project went through 2 separate iterations, with the first one which proposed a wave park was considered extensively over many months, and multiple public hearings were held by the Planning Commission and subsequently the City Council, and was ultimately denied; proposed projects and their respective impacts on the community are considered carefully, and never in hastiness; and prescriptive easements/rights cannot be gained against public lands.

DEVELOPER / APPLICANT: Garret Simon, Partner, Meriweather Companies – noted the time he has spent with the Appellant; explained the developer’s approach to protecting the open space; and respectfully requested that Council deny the appeal.

DEVELOPER’S / APPLICANT’S REPRESENTATIVE: James Vaughn, Procopio, Cory, Hargreaves & Savitch, LLP law firm, land use counsel – stated nothing has changed in the Coral Mountain project since the City analyzed all the environmental and policy issues being raised by the Appellant, and has already made the decision to approve the project in 2024; the Developer/Applicant has a vested right to develop the preapproved project; further CEQA review is not required – fully analyzed and certified in the EIR in 2024 without any timely legal challenges, so it is conclusively presumed to be valid unless there 28 Return to Agenda Link
CITY COUNCIL MINUTES Page 13 of 16 DECEMBER 16, 2025
is a substantial change in the project, which is not the case; and access to the property was not at issue tonight.

City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received from the citizens listed below, in alphabetical order, opposing the Coral Mountain Club development, which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting:
 Michael Krahmer, La Quinta – opposed the proposed location of the Bighorn sheep fence being installed pursuant to Amendment No. 5 to Specific Plan 2003-067; believes the fence cuts off public access to the open land; and requested 3 modifications to the conditions of approval related to the fence.  Chris and Vonda McFadden, Indio – opposed due to loss of public access to Coral Mountain open land.
 Jess Sanchez, Vista Santa Rosa, Thermal – opposed due to loss of public access to Coral Mountain open land.

PUBLIC SPEAKER: Jess Sanchez, Thermal – has been hiking in the area for about 15 years; expressed the importance of the property to residents and animals; and the sadness at the loss of access.

PUBLIC SPEAKER: Kathy Weiss, La Quinta – Coral Mountain project is a fundamental threat to community due to the addition of 300 short-term vacation rental (STVR) units; suggested limiting STVRs because the 300 density will overwhelm the neighborhood; requested that only 1 STVR per 3.5 acres be permitted; asked where in the EIR the pickleball courts and skate park noise was analyzed; and believes Nicole Criste, the City’s planning consultant also works for the developer, which is a conflict of interest.

Mayor Evans clarified that the Coral Mountain Club project is fully approved, and it is not before the Council for re-consideration tonight, but rather an appeal of certain Planning Commission actions were the only matter before Council; the Mayor provided clarification and background on the STVR aspect of the project; and stated that Ms. Criste is not a City employee – her and her husband’s firm, Terra Nova Planning and Research, Inc. provides planning and environmental consulting services for the City, and its review of the project’s environmental documents and plans was completed on behalf of the City, and she has never been employed by Meriweather Companies. Mrs. Criste confirmed.

PUBLIC SPEAKER: Alena Callimanis, La Quinta – agreed that people using the property are trespassing; suggested a concession by the developer to re-align allowing public access along easements; believes there may have been some inadequate information presented at the Planning Commission, specifically regarding the lake, which she suggested eliminating; also suggested an indoor recreational facility to eliminate noise; and the public should have a chance to comment on the Bighorn Sheep fence and appropriate access to the base of Coral Mountain.

APPELLANT REBUTTAL: Ms. Mann provided background on the initial project, how it changed, the short turnaround for residents to review the volume of documents, the hasty 29 Return to Agenda Link
CITY COUNCIL MINUTES Page 14 of 16 DECEMBER 16, 2025
approval; stated the Bighorn Sheep fence in that location is not an appropriate solution; and the Tribes Rock Art Plan has to be integrated into the project.

Mayor Evans noted that she has requested from the Coachella Valley Conservation Commission an updated study regarding the Bighorn Sheep population and the advisability of continuing to build fences; and she would follow up with that agency for an update.

Councilmember McGarrey stated that she questioned staff at the Coachella Valley Mountains Conservancy, at which she serves as Chair, and learned that the fences have been beneficial to Bighorn Sheep populations and health.

DEVELOPER’S / APPLICANT’S REPRESENTATIVE: Mr. Vaughn – stated that the Appellant’s objections relate to the decision Council made in 2024 to approve the project, and it is simply too late to revisit those matters now.

MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 7:53 P.M.

MAYOR EVANS DECLARED THE PUBLIC HEARING RE-OPENED AT 7:53 P.M.

PUBLIC SPEAKER: Robert Royal, La Quinta – full-time residents since 2013; age 82; walking in the Coral Mountain area is his only recreation; and would like the proposed easement of 5 feet changed – widened.

MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 7:56 P.M.

City Attorney Ihrke and Mayor Evans reminded attendees of the specific matter before the Council and the options for action the Council had before it.

Council discussed the Appellant’s passion and thanked her for her engagement; restated the thorough process this project went through, and reasons why the appeal cannot be granted; that the Appellant’s evidence presented and points made did not provide substantial evidence to change any existing decisions; the groups and agencies the developer will have to work with in creating the trail; and the transparency of the process and the developer.

MOTION – A motion was made and seconded by Councilmembers Peña/McGarrey to adopt Resolution No. 2025-030 denying Appeal 2025-0001 and upholding Planning Commission Resolution No. 2025-012, adopted on October 28, 2025, approving Tentative Tract Map 2025-0001 (TTM 39058), Site Development Permit 2025-0001 and Site Development Permit 2025-0002 to allow the subdivision of the 384-acre site, the development of the golf course, perimeter landscape, and sales center within the Coral Mountain Club project:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,

CALIFORNIA, SUSTAINING THE PLANNING COMMISSION APPROVAL OF TENTATIVE TRACT MAP 2025-0001 (TTM 39058), SITE DEVELOPMENT PERMIT 2025-0001, AND SITE DEVELOPMENT PERMIT 2025-0002 30 Return to Agenda Link
CITY COUNCIL MINUTES Page 15 of 16 DECEMBER 16, 2025
CASE NUMBERS: APPEAL 2025-0001
TENTATIVE TRACT MAP 2025-0001 (TTM 39058)
SITE DEVELOPMENT PERMIT 2025-0001
SITE DEVELOPMENT PERMIT 2025-0002
APPLICANT: CM WAVE DEVELOPMENT LLC
APPELLANT: MARY MANN
PROJECT: CORAL MOUNTAIN CLUB
Motion passed unanimously.

DEPARTMENTAL REPORTS – None.

MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Mayor Evans reported on her, and other Councilmembers’ attendance at the 2025 Ironman 70.3 Triathlon La Quinta event; YMCA Winter Program; Angry Chicks ribbon cutting; Rotary Club; Jeff Gonzalez’ open house and toy drive; Boys and Girls Clubs’ two events; and Coachella Valley Behavioral Health Older Adult unit opening.

Councilmember Fitzpatrick reported on her and other Councilmembers’ attendance at the City’s tree lighting event; and La Quinta Resort tour.

Mayor Pro Tem McGarrey reported on her, and other Councilmembers’ attendance at the Casita lighting event; La Quinta Youth Collective meeting; Shopping with a Cop and Firefighter event; Find Food Bank food packing; and Senate Bill 707 (Stats. 2025, Ch. 327, Durazo) webinar.

Councilmember Peña reported on his, and other Councilmembers’ attendance at the funeral for Mark Carnevale, Cathedral City Councilmember; and State-of-the-County.

Councilmember Sanchez reported on his, and other Councilmembers’ attendance at the CV Horse Rescue event; and VFW (Veterans of Foreign Wars of the U.S.) auxiliary luncheon.

REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2025, Mayor Evans reported on her participation in the following organization’s meeting:
 VISIT GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU La Quinta’s representative for 2025, Councilmember Fitzpatrick reported on her participation in the following organization’s meeting:
 RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC)
31 Return to Agenda Link
CITY COUNCIL MINUTES Page 16 of 16 DECEMBER 16, 2025

ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to adjourn at 8:25 p.m. Motion passed unanimously.

Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
32 Return to Agenda Link
* Note: receives stipend; Council appointments are not required for any of the items listed in green font as they are voluntary positions.

AGENCY 2026 MEETING SCHEDULE 2026 REPRESENTATIVES
Art Purchase Committee – Feb 2026
Art Purchase Committee – Nov 2026
During Art Celebration events;
Spring Event: Feb 26 – Mar 1, 2026;
Fall Event: Nov 12 – 15, 2026
Members: ACSC (2) Members;
Feb 2026: Sanchez & McGarrey;
Nov 2026: Evans & Fitzpatrick
Community Service Grant Review Committee Three per year: Jan, May, & Sept Members (Jan): McGarrey & Fitzpatrick
Members (May): Evans & Sanchez
Members (Sept): McGarrey & Peña
Desert Sands Unified School District
2x2 Committee [established June 2013] As Needed Members: Evans & Sanchez California Joint Powers Insurance Authority* Annual Board meeting in July Member: Sanchez
Alternate: Monika Radeva and/or
Claudia Martinez
Coachella Valley Mosquito & Vector Control District
(CVMVCD)* 2
nd Tuesday of every month at 6 pm Member: Peña
Term: Jan 1, 2026 – Dec 31, 2029
Coachella Valley Mountains Conservancy (CVMC)* Quarterly on the 2 nd Monday of every month at 3 pm
(2026: Feb 9, May 11, Aug. 10, Nov 16)
Member: McGarrey
Alternate: Fitzpatrick
Coachella Valley Power Agency Last Monday of every month at 3 pm (2026 Dark: Mar, Oct, Dec)
Members: Evans – Director
Alternate: Fitzpatrick
No Term Limit
Coachella Valley Unified School District
2x2 Committee [established Nov. 2015] As Needed Members: Fitzpatrick & Peña Coachella Valley Water District Joint Policy Committee
(CVWD JPC) Quarterly or As Needed Member: Evans
CVAG Conservation Commission* 2
nd Thursday of every month at 10:30 am
(2026 Dark: Mar, July, Aug, Oct, Dec) Member: Evans
CVAG Conservation Commission Legislative Advisory Ad
Hoc Committee As Needed Member: Fitzpatrick
CVAG Energy & Sustainability Resources Committee* 2
nd Thursday of every month at 12 pm
(2026 Dark: Mar, July, Aug, Oct, Dec) Member: Evans
CVAG Executive Committee* Last Monday of every month at 4:30 pm (2026 Dark: Mar, July, Aug, Oct, Dec) Member: Evans
2026 Assignments APPOINTED DECEMBER 16, 2025 ATTACHMENT 1 33 2026 Assignments APPOINTED DECEMBER 16, 2025
* Note: receives stipend; Council appointments are not required for any of the items listed in green font as they are voluntary positions.

AGENCY 2026 MEETING SCHEDULE 2026 REPRESENTATIVES
CVAG General Assembly Annual banquet – last Monday in June in Chair’s city (June 29, 2026, at 6 pm)
Delegate: Evans
Members: All Councilmembers
CVAG Homelessness Committee* 3
rd Wednesday of every month at 10 am
(2026 Dark: Mar, July, Aug, Oct, Dec)
Member: Peña
Alternate: Fitzpatrick
CVAG Public Safety Committee* 2
nd Monday of every month at 9 am
(2026 Dark: Mar, Apr, July, Aug, Oct, Dec)
Member: Peña
Alternate: Sanchez
CVAG Transportation Committee* 1
st Monday of every month at 10 am
(2026 Dark: Mar, July, Aug, Oct, Dec)
Member: Fitzpatrick
Alternate: McGarrey
Desert Recreation District
2x2 Committee [established Jan. 2017] As Needed Members: Fitzpatrick & McGarrey Economic Development Subcommittee
[established May 2014] Twice per month, as needed; 4th Wednesday at 9 am Members: Evans & Fitzpatrick Alternate: Sanchez Greater CV Chamber of Commerce
Information Exchange Committee
3 rd Thursday every month at 8:30 am
(2026 Dark: June, July, and Dec)
Quarter 1: McGarrey
Quarter 2: Sanchez
Quarter 3: Evans
Quarter 4: Fitzpatrick
Alternate: Peña
League of California Cities – Delegate for annual
conference
Annual conference(s) & General Assembly
Sept 23 - 25, 2026, in Anaheim, CA Member: Evans
League of California Cities – Environmental Quality Policy Committee
3 meetings per year on Fridays at 10 am
(2026: Jan 23, Mar 27, & June 5) Member: McGarrey
League of California Cities – Executive Committee
Riverside County Division
2 nd Monday of every 2 months at 6pm
(2026: Feb 9, Apr 13, June 8, Aug 10, Oct 12) Member: McGarrey League of California Cities – Public Safety Committee 3 meetings per year on Fridays at 10 am (2026: Jan 23, Mar 27, & June 5) Member: Sanchez
California Association Local Agency Formation
Commission (LAFCO)
Quarterly meeting held on Friday at 10 am
(2026: Jan, Apr, July, Oct – Annual Conference) Member: Sanchez 34 Return to Agenda Link
2026 Assignments APPOINTED DECEMBER 16, 2025
* Note: receives stipend; Council appointments are not required for any of the items listed in green font as they are voluntary positions.

AGENCY 2026 MEETING SCHEDULE 2026 REPRESENTATIVES
Local Agency Formation Commission (LAFCO) –
Riverside
4 th Thursday of every month at 9:30 am
(2026 Dark: Nov) Member: Sanchez
Palm Springs Air Museum Board 2026 – Jan 28, Mar 25, May 27, (Full Board Retreat) Nov 18 at 10 am Member: Evans
Palm Springs Air Museum Executive Committee 2026 – Feb 25, Apr 22, June 17, July 22, Aug 26, Sept 23, Oct 21, Dec 16 at 10 am Member: Evans
Riverside County Airport Land Use Commission 2
nd Thursday of every month at 9:30 am Member: Sanchez
Coachella Valley Animal Campus Commission 1
st Thursday of every other month at 9:30 am
(2026: Feb 5, Apr 2, June 4, Aug 6, Oct 1, Dec 3)
Member: Sanchez
Alternate: Fitzpatrick
Riverside County Transportation Commission (RCTC)
Audit Ad Hoc Committee As Needed Member: Fitzpatrick (Appointed 2018) Riverside County Transportation Commission (RCTC)
Coachella Valley San Gorgonio Pass Area Corridor Ad
Hoc Committee
As Needed Member: Fitzpatrick (Appointed 2025)
Riverside County Transportation Commission (RCTC)*
[one rep appointed by every city] 2
nd Wednesday of every month at 9:30 am Member: Fitzpatrick Alternate: McGarrey
So. Calif. Association of Governments (SCAG)
Transportation Committee
1 st Thursday of every month at 9:30 am
(2026 Dark: Jan, May, Aug) Member: Sanchez
So. Calif. Association of Governments (SCAG)
Annual Regional Conference & General Assembly –
May 6 - 7, 2026 – Marriott Springs Resort – Palm
Desert
Delegate: Sanchez (due to appointment to SCAG
Regional Council; otherwise Mayor elect)
Alternate: Evans
So. Calif. Association of Governments (SCAG) Regional
Council
1 st Thursday of every month at 11:45 am
(2026 Dark: Jan & Aug) Member: Sanchez (Appointed 2024) 35 Return to Agenda Link
2026 Assignments APPOINTED DECEMBER 16, 2025
* Note: receives stipend; Council appointments are not required for any of the items listed in green font as they are voluntary positions.

AGENCY 2026 MEETING SCHEDULE 2026 REPRESENTATIVES
Sunline Transit Agency* 4
th Wednesday of every month at 12 pm (includes
Committees) (2026 Dark: Aug & Nov)
Member: Peña
Alternate: Fitzpatrick
Visit Greater Palm Springs Convention & Visitors Bureau* Tuesdays at 8:30 am at rotating locations
2026: Jan 30, March 27, June 26, Sept 25, Dec 11
(2026 Dark: Feb, Apr, May, July, Aug, Oct, Nov)
Members: Evans
Alternate: Sanchez
36 Return to Agenda Link
City of La Quinta
CITY COUNCIL MEETING: January 20, 2026

STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO AUTHORIZE APPLICATION FOR

FEDERAL FINANCIAL ASSISTANCE PROVIDED BY THE DEPARTMENT OF

HOMELAND SECURITY AND SUB-GRANTED THROUGH THE STATE OF

CALIFORNIA AND THE COUNTY OF RIVERSIDE

RECOMMENDATION
Adopt a Resolution authorizing the application for federal financial assistance and designating the City Manager, or his/her designee, as the authorized agent for the City for purposes of obtaining federal funding provided by the Department of Homeland Security and sub-granted through the State of California and the County of Riverside.

EXECUTIVE SUMMARY
 California Governor’s Office of Emergency Services (Cal OES) requires that the City Council update Resolution No. 2022-035 to be eligible to apply for and receive federal financial assistance.
 The Department of Homeland Security (DHS) offers financial assistance through the Emergency Management Performance Grant (EMPG) and State Homeland Security Program (SHSP) grant.
 The applicant’s governing body must authorize, by resolution, its approval to submit grant applications and designate an individual to execute documents.

FISCAL IMPACT
The City could receive between $7,000 and $14,000 from the EMPG program (Account No. 226-0000-43120) and between $3,000 and $6,000 from the SHSP program (Account No. 227-0000-43120). Funding amounts vary each year depending on availability. If funds are awarded, the operating budget will be amended to reflect the additional grant revenue.

BACKGROUND/ANALYSIS
Annually, the City seeks funding to enhance emergency services; the total combined grant amounts awarded typically range from $10,000 to $20,000. The City has utilized grant funds for planning, equipment, and preparedness training to prevent, respond to, and recover from catastrophic events. Grant funds will continue to be used for alert and CONSENT CALENDAR ITEM NO. 3
37 Return to Agenda Link
warning systems, care and shelter equipment, Emergency Operations Center (EOC) upgrades, personal protective equipment, and preparedness training, which may include Community Emergency Response Team (CERT). This resolution will be in effect for the duration of fiscal years 2026, 2027, 2028, and 2029, performance periods for the EMPG and SHSP grants.

ALTERNATIVES
Council may elect not to pursue this grant opportunity.

Prepared by: Lisa Chastain, Public Safety Management Analyst Approved by: Martha Mendez, Public Safety Deputy Director 38 Return to Agenda Link
RESOLUTION NO. 2026 – XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LA QUINTA, CALIFORNIA, AUTHORIZING

APPLICATION AND DESIGNATING THE CITY MANAGER

OR HIS/HER DESIGNEE AS AUTHORIZED AGENT FOR

THE PURPOSES OF OBTAINING FEDERAL FINANCIAL

ASSISTANCE PROVIDED BY THE DEPARTMENT OF

HOMELAND SECURITY AND SUB-GRANTED THROUGH

THE STATE OF CALIFORNIA AND THE COUNTY OF

RIVERSIDE
WHEREAS, the Department of Homeland Security (DHS) annually offers the State Homeland Security Program (SHSP) Grant to local governments administered by the California Office of Emergency Services (Cal OES) through all counties; and WHEREAS, the DHS and Federal Emergency Management Agency (FEMA) annually offer the Emergency Management Performance Grant Program (EMPG) to local governments administered by the Cal OES through all counties; and WHEREAS, the County of Riverside Emergency Management Department (EMD) has requested that all jurisdictions apply for SHSP Grant assistance and EMPG program assistance to further the State of California’s (State) efforts to prepare for natural and man-made disasters and terrorism related impacts to our communities; and WHEREAS, in furtherance of this authority Cal OES is required to establish procedures governing the application, awarding, and management of the grant (Grant Application Procedures); and
WHEREAS, Grant Application Procedures require an applicant’s governing body to authorize by resolution its approval for submittal of the grant application, and the designation by job title of the individual authorized to execute all grant documents on behalf of the City of La Quinta (City); and
WHEREAS, the City Council has previously adopted the following resolutions to comply with each of the above listed requirements by Cal EOS:
 Resolution No. 2017-054 on October 17, 2017, for a period not to exceed five (5) years from date of adoption (October 17, 2017 through 2022) for the SHSP grant;
 Resolution No. 2018-019 adopted on May 1, 2018, for a period not to exceed five (5) years from date of adoption (May 15, 2018 through 2023) for the EMPG grant;
 Resolution No. 2021-037 adopted on October 5, 2021, for the SHSP and 39 Return to Agenda Link
Resolution No. 2026 – xxx
Emergency Management Performance Grant and State Homeland Security Program Grant – Authorizations Adopted: January 20, 2026

Page 2 of 3 ends

EMPG grants, for grant years 2020 through 2022; and
 Resolution No. 2022-035 adopted on October 4, 2022, for the SHSP and EMPG grants, for grant years 2023 through 2025; and
WHEREAS, the Council must update the authorization granted via Resolution No. 2022-035 to comply with California Governor’s Office of Emergency Services requirements, in order for the City to be eligible to apply for and receive federal financial assistance provided by the DHS and sub-granted through the State and EMD; and WHEREAS, the City of La Quinta desires to continue to accept the SHSP and EMPG grants for grant years 2026 through 2029; and
WHEREAS, if awarded, the City will enter into a grant agreement with County of Riverside EMD and Cal OES for implementation of said grant(s).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows:

SECTION 1. Authorize the submittal of application(s) to County of Riverside EMD for SHSP and EMPG grants for which the City is eligible.

SECTION 2. The City Manager or his/her designee are hereby authorized to execute and submit for and on behalf of the City, a local government established under the laws of the State of California, applications and other related documents, including agreements amendments, extensions, and grant award documents, for the purpose of obtaining federal financial assistance provided by the DHS and sub-granted through the State of California.

SECTION 3. This authorization shall be in effect for the performance periods associated with SHSP and EMPG fiscal years 2026, 2027, 2028 and 2029.

PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of January 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
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Resolution No. 2026 – xxx
Emergency Management Performance Grant and State Homeland Security Program Grant – Authorizations Adopted: January 20, 2026

Page 3 of 3 ends

________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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City of La Quinta
CITY COUNCIL MEETING: January 20, 2026

STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR DEPUTY CITY CLERK TO ATTEND THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY 2026 RISK MANAGEMENT ACADEMY IN OCEANSIDE, CALIFORNIA, FEBRUARY 3 - 5, 2026

RECOMMENDATION
Authorize overnight travel for the Deputy City Clerk to attend the California Joint Powers Insurance Authority 2026 Risk Management Academy Forum in Oceanside, California, February 3-5, 2026.

EXECUTIVE SUMMARY
 Annually, the California Joint Powers Insurance Authority (CJPIA) holds the Risk Management Academy (Academy) which provides training seminars focusing on the essential building blocks to develop, establish, and embed a proactive risk management process within the City.
 Staff will gain knowledge in key areas such as how to effectively manage the City’s risk program and risk exposure by furthering understanding of the basic concepts, principles, and applications of risk management.

FISCAL IMPACT
Estimated expenses are $300, which includes travel and meals for the attendee. The registration and lodging costs are paid for by CJPIA. Funds are available in the City Clerk’s travel and training budget (Account No. 101-1005-60320).

BACKGROUND/ANALYSIS
CJPIA works to develop long-term strategies to mitigate the growing and ever-changing risks public agencies may encounter. An Executive Committee, elected by members and guided by the CJPIA’s mission to provide innovative risk management solutions, provides strategic oversight while professional staff of experienced risk mitigation experts facilitate day-to-day management and execute on key priorities and programs.

This annual event is a three-day intensive Academy solely designed for those having risk management responsibility and manage their agency’s risk exposure. Participants will discuss and learn about topics such as: unique loss of exposures of public entities, technical and behavioral competencies required to manage risk, contractual risk transfer CONSENT CALENDAR ITEM NO. 4
43 Return to Agenda Link
and insurance review, nuances of claims and loss control, the importance of investigating claims and preserving evidence, and review of the most important aspects of worker’s compensation, among other topics. The seminar also provides many opportunities to network with other industry professionals.

ALTERNATIVES
Council may elect to deny this travel request.

Prepared by: Olivia Rodriguez, Deputy City Clerk
Approved by: Monika Radeva, City Clerk
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City of La Quinta
CITY COUNCIL MEETING: January 20, 2026

STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR FINANCE TECHNICIAN TO

ATTEND THE CALIFORNIA ASSOCIATION OF PUBLIC PROCUREMENT OFFICIALS ANNUAL CONFERENCE IN SAN DIEGO, CALIFORNIA, FEBRUARY 1 - 4, 2026

RECOMMENDATION
Authorize overnight travel for Finance Technician to attend the California Association of Public Procurement Officials annual conference in San Diego, California, Feb 1- 4, 2026.

EXECUTIVE SUMMARY
• The Finance Technician seeks additional knowledge in procurement methods, requirements, procedures, policies, and best practices. • The Finance Technician administers the City’s purchasing process; reviewing requisitions and contracts, & initial approval of purchase orders, in coordination with City Clerk, Risk Management and other city departments. • California Association of Public Procurement Officials (CAPPO) annual conference will focus on new guidelines and principles for procurement.

FISCAL IMPACT
Estimated expenses are $2,500 which include registration, travel, lodging, and meals.

Funds are budgeted in Finance - Travel and Training (101-1006-60320).

BACKGROUND/ANALYSIS
CAPPO is a nonprofit organization that is dedicated to maintaining the highest standards of professional behavior and ethical conduct in public procurement. The annual conference will host class sessions on contract administration, changes in public procurement, compliance, leadership, and team building. The conference sessions will provide updates on current trends relating to audit compliance, solicitation strategies and leadership guidance.

CONSENT CALENDAR ITEM NO. 5

ALTERNATIVES
Council may elect not to authorize this request.

Prepared by: Derrick Armendariz, Finance Technician
Approved by: Rosemary Hallick, Principal Management Analyst 45 Return to Agenda Link
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City of La Quinta
CITY COUNCIL MEETING: January 20, 2026

STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR THREE PLANNING

COMMISSIONERS AND ONE PLANNING STAFF MEMBER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL PLANNING COMMISSIONERS’ ACADEMY IN ANAHEIM, CALIFORNIA, MARCH 11 - 13, 2026

RECOMMENDATION
Authorize overnight travel for three Planning Commissioners and one planning staff member to attend the League of California Cities Annual Planning Commissioners Academy in Anaheim, California, March 11-13, 2026.

EXECUTIVE SUMMARY
 The League of California Cities hosts an Annual Planning Commissioners Academy (Academy), which offers sessions on major planning and land use issues, as well as providing networking opportunities.
 The Academy rotates between northern and southern California cities. This year’s Academy will be in Anaheim, California.
 Upon Council approval, three Planning Commissioners and one planning staff member would attend this year’s Academy.

FISCAL IMPACT
The estimated total expenses for four attendees is $10,400, which includes registration, transportation, lodging, and meals. Funds are available in the Planning Division Travel and Training Budget (101-6002-60320).

BACKGROUND/ANALYSIS
The Academy is designed for new and seasoned planning commissioners and expands knowledge on a wide range of topics relevant to roles within the City while fostering relationships and communication with peers. This conference provides information about the roles and responsibilities of a planning commissioner, offers a fundamental legal and practical framework, offers state-required trainings, and delves into emerging issues of importance for planning commissioners today, such as:

CONSENT CALENDAR ITEM NO. 6
47 Return to Agenda Link
 Essential Planning Tools, Planning Fundamentals, and Emerging Planning Issues  Development Review Processes
 California Housing Laws and Legislative Updates
 California Environmental Quality Act (CEQA)
 Facilitating Public Meetings
 Public Service Ethics (AB 1234)

ALTERNATIVES
Council may elect not to authorize this travel and training request, or reduce the number of attendees allowed.

Prepared by: Tania Flores, Administrative Technician
Approved by: Cheri Flores, Planning Manager
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City of La Quinta
CITY COUNCIL MEETING: January 20, 2026

STAFF REPORT
AGENDA TITLE: ACCEPT HIGHWAY 111 PAVEMENT REHABILITATION PROJECT NO. 2022-25, LOCATED ON HIGHWAY 111 FROM THE CITY LIMITS WEST OF

WASHINGTON STREET TO THE CITY LIMITS AT JEFFERSON STREET

RECOMMENDATION
Accept the Highway 111 Pavement Rehabilitation Project as complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $357,188, after the Notice of Completion is recorded.

EXECUTIVE SUMMARY
• The project included minor improvements at curb ramps and pavement rehabilitation along Highway 111 within the city limits from west of Washington Street to Jefferson Street (Attachment 1).
• The work is complete and Council acceptance will close the contract and allow final payment.

FISCAL IMPACT
The following is the financial accounting for Project No. 2022-25:

Original Contract Amount $ 7,032,777
Contract Change Orders No. 1-4 $ 110,985
Final Contract Amount $ 7,143,762
Project Budget $ 8,280,777
Final Contract Amount ($ 7,143,762)
Design & Professional Costs ($ 184,669)
Inspection, Survey, Plans, & Other Construction Costs ($ 673,961) Anticipated Funds Remaining* $ 278,385
* All costs to date have been accounted for and no further costs are anticipated.

CONSENT CALENDAR ITEM NO. 7
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There are adequate funds to close this project; the final retention amount of $357,188 will be paid from account number 401-0000-20600. The anticipated savings ($278,385) will remain as available appropriations for Project No. 2019-05, Highway 111 Corridor.

BACKGROUND/ANALYSIS
On April 1, 2025, Council awarded a $7,032,777 contract to Granite Construction Company.

On June 18, 2025, a Notice to Proceed was issued with a 90-working day completion time starting on June 23, 2025, and ending on October 28, 2025. The project was deemed substantially complete on September 26, 2025. No liquidated damages or early completion incentives are recommended.

Contract Change Orders No. 1-4 were issued for additional work and bid quantity adjustments.

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

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map
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*IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS
Legend
Notes
From West of
Washington Street to
Jefferson Street
REPORT PRINTED ON... 2/7/2019 11:38:16 AM
Vicinity Map
Highway 111 Rehabilitation Project (2022-25)
0 12,037 Feet
Blueline Streams
City Areas
World Street Map
ATTACHMENT 1
51 6,
019
Return to Agenda Link
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City of La Quinta
CITY COUNCIL MEETING: January 20, 2026

STAFF REPORT
AGENDA TITLE: ACCEPT OFF-SITE AND ON-SITE IMPROVEMENTS ASSOCIATED WITH THE CANTERA RESIDENTIAL DEVELOPMENT, TRACT MAP NO. 31249, LOCATED ON THE SOUTH SIDE OF AVENUE 58, WEST OF MADISON STREET

RECOMMENDATION
Accept the off-site and on-site improvements associated with Tract Map No. 31249, Cantera; authorize staff to release performance securities; and direct staff to release the labor and materials security 90 days after Council acceptance of the improvements.

EXECUTIVE SUMMARY
• Cantera is a residential development project located on the south side of Avenue 58 west of Madison Street (Attachment 1).
• Beazer Homes Holdings, LLC (Developer) has requested release of the performance, labor and materials securities.
• Staff has verified satisfactory completion of the off-site and on-site improvements and recommends acceptance, and release of the performance, labor and materials securities.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
The Developer has completed all off-site and on-site improvements required by Tract Map No. 31249. The improvements include pavement, curb and gutter, signing and striping, storm drain, driveways, sidewalk, multi-use trail, power poles relocation, water, sewer, dry utilities, landscaping, and setting monumentation. Staff inspected the off-site and onsite improvements and verified they meet City-approved plans and standards.

CONSENT CALENDAR ITEM NO. 8
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ALTERNATIVES
Accepting improvements is a ministerial action necessary for the release of the improvement securities. Since the improvements have been inspected and meet City standards, staff does not recommend an alternative action.

Prepared by: Amy Yu, Associate Engineer
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map
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TM 31249 CANTERA

V I C I N I T Y M A P

NOT TO SCALE
ATTACHMENT 1
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City of La Quinta
CITY COUNCIL MEETING: January 20, 2026

STAFF REPORT
AGENDA TITLE: ACCEPT OFF-SITE IMPROVEMENTS ASSOCIATED WITH THE GRIFFIN RANCH RESIDENTIAL DEVELOPMENT, TRACT MAP NO. 32879, LOCATED AT THE SOUTHEAST CORNER OF AVENUE 54 AND MADISON STREET

RECOMMENDATION
Accept the off-site improvements associated with Tract Map No. 32879, Griffin Ranch; authorize staff to release performance securities; and direct staff to release the labor and materials security 90 days after City Council acceptance of the improvements.

EXECUTIVE SUMMARY
• Griffin Ranch is a residential development project located at the southeast corner of Avenue 54 and Madison Street (Attachment 1).
• Lennar Homes of California, Inc. (Developer) has requested release of the performance, labor and materials securities.
• Staff has verified satisfactory completion of the off-site improvements and staff recommends acceptance, and release of the performance, labor and materials securities.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
All off-site improvements required by Tract Map No. 32879 have been completed. The improvements include pavement, curb and gutter, signing and striping, storm drain, driveways, sidewalk, multi-use trail, water, sewer, dry utilities, and landscaping. The Developer has submitted an in-lieu cash payment of $107,500 towards the future traffic signal at the Avenue 54 and Madison Street intersection. Staff inspected the off-site improvements and verified they meet City-approved plans and standards.

CONSENT CALENDAR ITEM NO. 9
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Prepared by: Amy Yu, Associate Engineer
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map
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V I C I N I T Y M A P
127726&$/(
TM 32879 GRIFFIN RANCH
ATTACHMENT 1
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City of La Quinta
CITY COUNCIL MEETING: January 20, 2026

STAFF REPORT
AGENDA TITLE: APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE CITYWIDE STRIPING REFRESH PROJECT NO. 2025-01

RECOMMENDATION
Approve plans, specifications, engineer’s estimate, and authorize Staff to bid the Citywide Striping Refresh Project No. 2025-01.

EXECUTIVE SUMMARY
• This fiscal year (FY) 2025/26 Citywide Striping Refresh Project (Project) includes refreshing all roads throughout the City that are classified as arterials, secondaries, and collectors.
• This project also includes an additive alternate, adding striping to create buffered bike lanes, parking lanes, and adding markers and yellow edge lines to medians, which aim to increase safety.

FISCAL IMPACT
FY 2025/2026 Capital Improvement Program (CIP) allocated $500,000 of General Funds and $500,000 of Measure A Funds to this Project. The following is the project budget:

Budget
Design/Professional: $ 132,500
Construction: $ 700,000
Inspection/Testing/Survey: $ 67,500
Contingency: $ 100,000
Total Budget: $ 1,000,000
CONSENT CALENDAR ITEM NO. 10
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BACKGROUND/ANALYSIS
These improvements will refresh striping on the majority of City roadways and replace missing or damaged pavement markers.

Included in the project as an additive alternate is new striping to create buffered bike lanes, parking lanes, safety modifications, and the addition of yellow edge lines to the following streets:
• Adams Street
• Airport Boulevard
• Avenida La Fonda
• Highway 111
• Park Avenue
• Seeley Drive
• Simon Drive
Contingent upon approval to advertise the project for bid on January 20, 2026, the following is the project schedule:

Council Bid Authorization January 20, 2026
Bid Period January 21 to February 18, 2026
Council Considers Project Award March 3, 2026
Execute Contract and Mobilize March 4 to April 2026
Construction (45 Working Days) April to June 2026
Accept Improvements July 2026

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Ubaldo Ayon, Assistant Construction Manager Approved by: Bryan McKinney, Public Works Director/ City Engineer 62 Return to Agenda Link
City of La Quinta
CITY COUNCIL MEETING: January 20, 2026

STAFF REPORT
AGENDA TITLE: APPROPRIATE FUNDING FOR FISCAL YEAR 2025-26 AND APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH

CONVERGINT TECHNOLOGIES, LLC TO PROVIDE PUBLIC SAFETY CAMERA

SYSTEM MAINTENANCE SERVICES FOR TWO-YEAR EXTENSION

RECOMMENDATION
Appropriate funding for fiscal year 2025-26 and approve Amendment No. 1 to Agreement for Contract Services with Convergint Technologies, LLC to provide Public Safety Camera System maintenance services for a two-year extension; and authorize the City Manager to execute the Amendment.

EXECUTIVE SUMMARY
• In January 2020, the City contracted with Convergint Technologies, LLC to design the Public Safety Camera System (PSCS), and in 2021 awarded Convergint the project for its construction and installation, including a maintenance non-disclosure agreement that expired in August 2024.
• The PSCS is a very effective tool used daily to solve crime and assist in investigations.
• In October 2024, the City Council approved a two-year agreement with Convergint to continue providing PSCS maintenance services during FY 2024/25 through 2025/26.
• Amendment No. 1 (Attachment 1) proposes a two-year term extension and a $50,000 contingency increase to allow Convergint to continue providing necessary maintenance to the PSCS.

FISCAL IMPACT
If approved, Amendment No. 1 would increase the total compensation not to exceed $164,946 under the agreement, as detailed in the table below. This amount includes a $50,000 increase to contingencies for the life of the agreement to accommodate equipment replacement and labor costs not covered under the maintenance agreement.

An appropriation of $25,000 is requested in the FY 2025/26 Police Public Safety Camera System Maintenance budget (Account No. 101-2001-60692) to fund necessary repairs.

Ongoing costs will be budgeted in accordance with the agreement for future fiscal years.

CONSENT CALENDAR ITEM NO. 11
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Term Services Cost
Initial Term
FY 2024/25 PSCS Maintenance $25,478
FY 2025/26 PSCS Maintenance $25,968
Total: $61,446
Extended Term
FY 2026/27 PSCS Maintenance $26,500
FY 2027/28 PSCS Maintenance $27,000
Total Contingency $60,000
Total: $103,500
Grand Total: $164,946

BACKGROUND/ANALYSIS
In January of 2020, the City contracted Convergint for the comprehensive design of the City’s PSCS. In 2021, Convergint was awarded Project No. 2020-03 for the construction and installation of the PSCS and executed a non-disclosure agreement for PSCS maintenance services.

The PSCS is heavily utilized and is a critical system for law enforcement operations. Due to the systems’ continued use and demand, ongoing preventative maintenance is required to ensure the system is operational. In October 2024, Council approved an agreement with Convergint to provide PSCS maintenance services through their Customer Support Program (CSP), which is an ongoing maintenance service after installation.

The proposed Amendment No. 1 initiates the previously approved two-year extension and provides a $50,000 increase in contingency funds to ensure Convergint can continue providing necessary PSCS maintenance and equipment replacements throughout the extended contract term. The previously approved contingency funds were utilized to complete unanticipated required camera repairs at La Quinta Park.

If approved, this amendment allows Convergint to continue to provide preventative onsite and software maintenance, annual software upgrades, direct manufacturer’s support, and access to the iCare Manager platform for service tracking, reporting, and online customer support.

ALTERNATIVES
Council may elect to modify or not approve the amendment.

Prepared by: Lisa Chastain, Public Safety Management Analyst Approved by: Martha Mendez, Public Safety Deputy Director Attachment: 1. Amendment No. 1 to Agreement for Contract Services with Convergint Technologies
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AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES
WITH CONVERGINT TECHNOLOGIES LLC.

This Amendment No.1 (“Amendment 1”) to Agreement for Contract Services ("Agreement”) is made and entered into as of the 20th day of January 2026, ("Effective Date") by and in between the CITY OF LA QUINTA ("City"), a California municipal corporation, and Convergint Technologies LLC (“Contracting Party”).

RECITALS
WHEREAS, on or about October 3, 2024, the City and Contracting Party entered into an Agreement to provide services related to the public safety camera system for preventative and software maintenance, for a total not to exceed amount of $114,946.

The term of the Agreement expires on June 30, 2026 (“Initial Term”); and WHEREAS, the City and Contracting Party mutually agree to amend Section 2.1 Contract Sum and related Exhibit B of the Agreement to increase compensation by $50,000, for a total not to exceed the amount of $164,946 due to additional cost related to camera system maintenance; and
WHEREAS, the City and Contracting Party mutually agree to amend Section 3.4 Term of the Agreement to extend the term for two additional years, from July 1, 2026, through June 30, 2028 (“Extended Term”).

NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows:

AMENDMENT
In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows:

1. Section 2.1 Compensation is amended to read as follows:

Section 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with " Exhibit B" ( the " Schedule of Compensation") in a total amount not to exceed One Hundred Sixty Four Thousand Nine Hundred and Forty Six Dollars ($164,946), for the life of the Agreement, encompassing the Initial and any Extended Terms (the "Contract Sum"), except as provided in Section 1. 7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and ATTACHMENT 1
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materials based upon Contracting Party' s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party' s overall compensation shall not exceed the Contract Sum, except as provided in Section 1. 7 of this Agreement.

2. “Exhibit B” – Schedule of Compensation is amended as listed in “Exhibit B,” attached hereto and incorporated herein by this reference.

3. Section 3.4 Term is amended to read as follows:

Section 3.4 Term. Unless earlier terminated in accordance with the provisions in Article

8.0 of this Agreement, the term of this agreement shall commence on August 13, 2024, and terminate on June 30, 2026 ("Initial Term"). Notwithstanding any provisions to the contrary in effect prior to the date of this Amendment No. 1, this Agreement is extended for two (2) additional years and shall remain in full force and in effect until June 30, 2028 ("Extended Term").

In all other respects, the original Agreement shall remain in effect. 66 Return to Agenda Link
IN WITNESS WHEREOF, the City and Contracting Party have executed this Amendment No. 1 to the Agreement on the respective dates set forth below.

CITY OF LA QUINTA CONVERGINT TECHNOLOGIES LLC,
a California municipal corporation a Delaware limited liability company ____ _______________________
JON McMILLEN, City Manager BOB BERKERY, General Manager City of La Quinta, California Convergint Technologies LLC Dated:___________________ Dated:______________
ATTEST:

MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Exhibit 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 One Hundred Sixty Four Thousand Nine Hundred and Forty Six Dollars ($164,946), for the life of the Agreement encompassing the Initial and any Extended Terms (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments on a monthly basis and in an 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.

Term Services Cost
Initial Term
FY 2024/25 PSCS Maintenance $25,478
FY 2025/26 PSCS Maintenance $25,968
Total: $61,446
Extended Term
FY 2026/27 PSCS Maintenance $26,500
FY 2027/28 PSCS Maintenance $27,000
Total Contingency $60,000
Total: $103,500
Grand Total: $164,946
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City of La Quinta
CITY COUNCIL MEETING: January 20, 2026

STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 9 TO AGREEMENT FOR CONTRACT SERVICES WITH GHD, INC FOR THE HIGHWAY 111 CORRIDOR PROJECT NO. 2019-05

RECOMMENDATION
Approve Amendment No. 9 to the Agreement for Contract Services with GHD, Inc. for the Highway 111 Corridor Project No. 2019-05; and authorize the City Manager to execute the amendment.

EXECUTIVE SUMMARY
 The Highway 111 Corridor Project seeks to address connectivity, pedestrian and bicycle-friendliness, transit, green infrastructure, economic development, and the retrofitting of the existing suburban fabric.
 In September 2020, the City entered into an Agreement for Contract Services (Agreement) with GHD, Inc. (GHD) for planning and engineering services to continue efforts to implement the Highway 111 Corridor Plan (Corridor Plan), including exploring form-based code zoning and roadway design; several amendments have been executed to amend the scope of work for these services.  Proposed Amendment No. 9 will revise the scope of services to accommodate additional work within existing Task 4 – Highway 111 Corridor Specific Plan, as outlined in detail in Exhibit A to Amendment No. 9, resulting from Council’s direction at the November 18, 2025 public hearing to meet with developers and revise the proposed specific plan and development code as needed to present to Council at the continued public hearing on January 20, 2026 (Attachment 1). Additional compensation for these services would be $19,873, and the total not to exceed amount would be $1,481,798.

FISCAL IMPACT
The Capital Improvement Program (CIP) has allocated a total budget of $13,284,000 over the last 7 fiscal years (FY) for projects to be implemented along Highway 111, as shown in the table below.

Fiscal Year Funding Source Budget Allocation
2019/20 Measure G $1,000,000
2020/21 Measure G $ 250,000
2021/22 Measure G $1,000,000
2022/23 Measure G $1,000,000
CONSENT CALENDAR ITEM NO. 12
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2023/24 Measure G $1,000,000
2024/25 (for 2022-25) Measure G/SB1/Earmark $3,050,000/$984,000/$4,000,000 2025/26 Measure G $1,000,000
Grand Total: $13,284,000
There is sufficient funding in the project budget (Account no. 401-0000-60185 201905-D) for this Amendment. As of December 31, 2025, $8,544,233 has been expended for both the Highway 111 Corridor Project (2019-05) and the Highway 111 Rehabilitation Project (2022- 25). The total agreement compensation is detailed in the table below:

Section 2.1
Contract Sum
Section 2.3
Additional Compensation
5% or Less
Agreement $885,228
Amendment 1 $11,760
Amendment 2* $0
Memorandum $0 $4,272
Amendment 3 $545,523
Amendment 4* $0
Amendment 5 $15,142
Amendment 6 $0
Amendment 7* $0
Amendment 8* $0
Amendment 9 $19,873
TOTAL $1,477,526 $4,272
GRAND TOTAL: $1,481,798
*Costs were shifted between tasks; none were added.

BACKGROUND/ANALYSIS
The Corridor Plan was developed in 2019 to address connectivity, pedestrian and bicyclefriendliness, transit, green infrastructure, economic development, and the retrofitting of the existing suburban fabric. Recommendations for implementation of the Corridor Plan detail a strategy for improvements, recognizing the dual functions of moving vehicles and creating a safe, walkable environment, and opportunities for future development that will lead to increased economic competitiveness, neighborhood livability, and sustainability in La Quinta.

Since the Corridor Plan was developed, further planning and implementation efforts have been in progress under the current contract with GHD. Several study sessions have been held with the Council and the Planning Commission to discuss zoning for the Corridor. In December 2021, Council authorized the revised scope of work to prepare an overall Specific Plan (SP) for the entire Corridor. This approach affords a wholistic plan to create a more cohesive Corridor as is advised in the Corridor Plan.

In September 2020, the City entered into an Agreement with GHD for planning and engineering services to continue efforts to implement the Corridor Plan, including exploring form-based code zoning and roadway design.
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In March 2021, the City and GHD executed Amendment No. 1, revising the scope of work to include obtaining and analyzing Street Light Data to assist with roadway design services, and additional compensation of $11,760.

In April 2021, the City and GHD executed Amendment No. 2 to amend the Time and Materials cost allocation, by Task, of Compensation for Services; the total Agreement compensation remained unchanged.

In May 2021, the City revised the scope of services to include additional property owners and developers meeting services related to the Corridor Plan pursuant to Section 2.3 of the Agreement, and increased compensation by $4,272.

In December 2021, the City and GHD executed Amendment No. 3, which initiated Phase 4 with the revised scope, including preparation of a Specific Plan for the entire Corridor, and increased compensation by $545,523.

In July 2022, the City and GHD executed Amendment No. 4, which revised the scope of services to include additional economic development strategy and market research tasks, and California Environmental Quality Act (CEQA) documentation for the City-owned 15-acre mixed-use project site that will be part of the Highway 111 Corridor demonstration site.

In May 2023, the City and GHD executed Amendment No. 5, which allowed for 2 separate botanical surveys as a follow-up to the initial Biological Resources Report prepared by GHD, and increased compensation by $15,142.

In June 2024, the City and GHD executed Amendment No. 6, which extended the contract Term through June 30, 2025.

In August 2024, the City and GHD executed Amendment No. 7, which revised the scope of services to replace Task 3, Active Transportation Program (ATP) Grant Application and Plans, Specifications, and Engineer’s Estimate (PS&E), with Task 3, Adams Street Corridor Feasibility Study; the total Agreement compensation remained unchanged.

In July 2025, the City and GHD executed Amendment No. 8 which extended the term of the Agreement through June 30, 2026, and revised the scope of services to replace remaining open tasks in Task 5 – 15-Acre Mixed Use Initial Study (IS)/Mitigated Negative Declaration (MND) with additional work within existing Task 4 items of work – Highway 111 Corridor Specific Plan; the total Agreement compensation remained unchanged.

Proposed Amendment No. 9 will revise the scope of services to accommodate additional work within existing Task 4 – Highway 111 Corridor Specific Plan, as outlined in detail in Exhibit A to Amendment No. 9, resulting from Council’s direction at the November 18, 2025 public hearing to meet with developers and revise the proposed specific plan and development code as needed to present to Council at the continued public hearing on January 20, 2026. The total not to exceed amount would be $1,481,798, encompassing any Initial and Extended terms.
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ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Cheri Flores, Planning Manager
Approved by: Bryan McKinney, PE, City Engineer/Public Works Director Attachment: 1. Amendment No. 9 to Agreement for Contract Services with GHD, Inc. 72 Return to Agenda Link
AMENDMENT NO. 9
TO AGREEMENT FOR CONTRACT SERVICES WITH GHD, INC.

This Amendment No. 9 (“Amendment No. 9”) to Agreement for Contract Services (“Agreement”) is made and entered into as of the January 20, 2026 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Charter City organized under the Constitution and laws of the State of California with its principal place of business at 78495 Calle Tampico, La Quinta, California 92253 and GHD, Inc., a Corporation (“Contracting Party”).

RECITALS
WHEREAS, on or about September 16, 2020, the City and Contracting Party entered into an Agreement to provide those services related to Highway 111 Corridor Form Based Code Planning and Engineering services, Project No. 2019-05, for the City.

Total compensation to be paid to Contracting Party was not to exceed $885,228 dollars.

The term of the Agreement was to expire on June 30, 2023 (“Initial Term”); and WHEREAS, on or about March 22, 2021, the City and Contracting Party executed Amendment No. 1 and mutually agreed to amend the following sections of the Agreement  Section 1.1 Scope of Services – to obtain and analyze Street Light Data;  Section 2.1 Contract Sum – increasing the contract amount by $11,760, resulting in a new total not to exceed the amount of $896,988 (this compensation increase was pursuant to Section 2.3 Compensation for Additional Services amounting to not more than 5% of the Contract Sum and authorized by the Contract Officer as noted above under Section 1.1); and
WHEREAS, on or about April 22, 2021, the City and Contracting Party executed Amendment No. 2 and mutually agreed to amend Section 2.1 Contract Sum “Time and Materials” assignment and cost allocation, by Task, of Compensation for Services only, without increasing the not to exceed amount of $896,988; and WHEREAS, on or about May 21, 2021, the City and Contracting Party mutually agreed to exercise Section 2.3 Compensation for Additional Services of the Agreement and include additional property owners and developers meeting services related to the Highway 111 Corridor project for an additional $4,272 in compensation in fiscal year 2020/21, amounting to 5% or less of the Contract Sum, resulting in a new total not to exceed the amount of $901,260; and
WHEREAS, on or about December 22, 2021, the City and Contracting Party executed Amendment No. 3 and mutually agreed to amend the following sections of the Agreement:
 Section 1.1 Scope of Services- removed Task 3.4, adjusted the number of hours in Task 0.4, and updated Task 4, including 4.0 through 4.8, as outlined in detail in Exhibit A of Amendment No. 3; and
 Section 2.1 Contract Sum – increase compensation by $545,523 for the additional Scope of Services listed above, for a revised total not to exceed amount of $1,446,783, as outlined in detail in Exhibit B of Amendment No. 3; and ATTACHMENT 173 Return to Agenda Link
 Section 3.2 Schedule of Performance – amended as outlined in detail in the project schedule of Exhibit C of Amendment No. 3; and
WHEREAS, on or about July 18, 2022, the City and Contracting Party executed Amendment No. 4 and mutually agreed to amend the following sections of the Agreement:
 Section 1.1 Scope of Services – to include additional services as outlined in detail in Exhibit A of Amendment No. 4
 Section 2.1 Contract Sum – there is no increase in compensation for the additional services under Amendment No. 4 due to available hours within the existing scope of work. Thus, the total not to exceed amount remained at $1,446,783, as outlined in detail in Exhibit B of Amendment No. 4; and
WHEREAS, on or about May 2, 2023, the City and Contracting Party executed Amendment No. 5 and mutually agree to amend the following sections of the Agreement:
 Section 1.1 – Scope of Services of the Agreement to add Task 6, Botanist Surveys, as outlined in detail in enclosed Exhibit A to Amendment No. 5; and  Section 2.1 – Contract Sum of the Agreement shall be amended as detailed in Exhibit B of Amendment No. 5 to include compensation for the additional Scope of Services in the amount of $15,142. For a revised total not to exceed amount of $1,461,925 for the term of the Agreement, encompassing any Initial and Extended Terms; and
 Section 3.4 – Term of the Agreement to extend the contract term through June 30, 2024, “Extended Term;” and
WHEREAS, on or about June 14, 2024, the City and Contracting Party executed Amendment No. 6 and mutually agreed to amend Section 3.4 Term Agreement to extend the contract term through June 30, 2025, “Extended Term;” and WHEREAS, on or about July 11, 2024, the City and Contracting Party executed Amendment No. 7 and mutually agreed to amend the following sections of the Agreement:
 Section 1.1 – Scope of services of the Agreement to replace Task 3 – ATP Grant Application and Plans, Specifications and Engineer’s Estimate (PS&E), with Task 3 – Adams Street Corridor Feasibility Study as outlined in detail in enclosed Exhibit A of Amendment No. 7
 Section 2.1 Contract Sum of the Agreement shall be amended as detailed in Exhibit B of Amendment No. 7 reallocating compensation for tasks and noting that there is no additional compensation for the changes in the Scope of Work pursuant to Amendment No. 7, and the total not to exceed amount remains $1,461,925; and WHEREAS, on or about July 1, 2025, the City and Contracting Party executed Amendment No. 8 and mutually agreed to amend the following sections of the Agreement:
 Section 1.1 – Scope of services of the Agreement to replace remaining open tasks in Task 5 – 15-Acre Mixed Use IS/MND, with additional work within existing Task 4 items of work – Highway 111 Corridor Specific Plan
 Section 2.1 Contract Sum of the Agreement to reallocate compensation for Tasks 4 and 5 and noting that there is no additional compensation for the changes in the Scope of Work pursuant to Amendment No. 8, and the total not to exceed amount remains $1,461,925
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 Section 3.4 Term of the Agreement to extend the contract term through June 30, 2026 “Extended Term;” and
WHEREAS, the City and Contracting Party mutually agree to amend Section 1.1 – Scope of Services of the Agreement to add additional work within existing Task 4 – Highway 111 Corridor Specific Plan as outlined in detail in enclosed Exhibit A to this Amendment No. 9 to include further meetings with developers and revisions to the specific plan and development code as necessary in response to the continuance of the public hearing as directed by Council at the November 18, 2025 meeting; and WHEREAS, Section 2.1 Contract Sum of the Agreement shall be amended as detailed in Exhibit B, incorporated herewith by this reference, to include compensation for the additional Scope of Services in the amount of $19,873, for a revised total not to exceed amount of $1,481,798 for the term of the Agreement, encompassing any Initial and Extended Terms.

NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows:

1. Section 1.1 Scope of Services is amended to read as follows:

1.1 Scope of Services. In Compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to professional services related to the Highway 111 Corridor Specific Plan and Development Code project, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class performing similar services under similar circumstances.

2. “Exhibit A” – Scope of Services is amended to include the services as detailed in Exhibit A, attached to this Amendment No. 9, and incorporated herein by this reference.

3. Section 2.1 Contract Sum is amended to read as follows:

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with the following revised “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed $1,481,798 for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7. 75 Return to Agenda Link

4. “Exhibit B” – Schedule of Compensation is amended to include the compensation listed in “Exhibit B,” attached hereto and incorporated herein by this reference.

In all other respects, the original Agreement shall remain in effect.

IN WITNESS WHEREOF, the City and Contracting Party have executed Amendment No. 9 to the Agreement on the respective dates set forth below.

CITY OF LA QUINTA, GHD, Inc. Corporation
a California municipal corporation
____ ____
JON McMILLEN, City Manager Todd Tregenza
City of La Quinta, California Senior Project Manager
Dated: __________________ Dated: _________________
ATTEST:

MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Exhibit A
Scope of Services
Task 4.8.7 – Specific Plan Requests for Information
This task accommodates responses to a broad range of questions posed by City planning staff, landowners, and other stakeholders as they work to understand the plan, development code, and its implementation. Typically, these questions address applicability and approach to development scenarios or actual developments proposed.

Therefore, this task also includes time for review of proposed site plans to clarify code approach or understand edits and corrections needed to cover unforeseen development conditions. Specific Plan and Development Code edits may by the product of the above responses and reviews.

Task 4.8.8 – Adoption Support and Edits (GHD)
Edits have been requested for the Specific Plan and Development Code – most to-date are part of the original Specific Plan scope and process. Additional edits emanating from conversations after the first adoption hearing and from stakeholder follow-up are supported by this task. Most edits are requested for code and limited Specific Plan policy or map changes are anticipated.

Support for adoption, then, includes continued attendance at the City Council or Planning Commission adoption hearings to respond to questions about requested or potential edits, further clarification, and general advocacy of the Specific Plan and Code. This Task considers two (2) in-person trips to La Quinta, either together or in separate visits for Specific Plan purposes.

Task 4.8.9 – Continuing Coordination and Management
The continued Plan and Code refinement, stakeholder responsiveness, and adoption coordination with City planning staff require ongoing semi-weekly (“every other week”) coordination meetings. This task includes coverage of time for internal project task/staff management and invoice preparation.
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Task 4.8.10 –Adoption Support and Edits (LWC)
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Exhibit B
Schedule of Compensation
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CONSENT CALENDAR ITEM NO. 13
City of La Quinta
CITY COUNCIL MEETING: January 20, 2026

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH

DOKKEN ENGINEERING TO PREPARE PLANS, SPECIFICATIONS, AND ENGINEER’S ESTIMATE FOR THE BRIDGE PREVENTATIVE MAINTENANCE PROGRAM PROJECT NO. 2023-33

RECOMMENDATION
Approve Agreement for Contract Services with Dokken Engineering in the amount of $612,426 to prepare the Plans, Specification, and Engineer’s Estimate for the Bridge Preventative Maintenance Program Project No. 2023-33; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
• The City of La Quinta (City) owns and maintains multiple bridge structures that require ongoing preventative maintenance to preserve structural integrity, extend service life, and ensure public safety.
• To address these needs, in August 2025 the City issued a Request for Proposals (RFP) for professional engineering services to prepare the plans, specifications, and engineer’s estimate (PS&E) for the Bridge Preventative Maintenance Program (BPMP), and four (4) proposals were received.
• Following a competitive selection process, Dokken Engineering (Dokken) was determined to be the most qualified firm to provide the services requested (Attachment 1).
• The City is receiving Federal Funds to complete this Project.

FISCAL IMPACT
The Fiscal Year 2023/24 Capital Improvement Plan (CIP) includes $165,000 in General Funds and $560,800 in Federal Funds to complete the PS&E. There are sufficient funds in the project budget to award to Dokken. Below is the current budget:

Local Share Federal Share Total
Professional: $ 24,800 $ 0 $ 24,800
Design: $140,200 $560,800 $701,000
Total Budget: $165,000 $560,800 $725,800
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BACKGROUND/ANALYSIS
The BPMP is intended to proactively address maintenance and repair needs for select City-owned bridge structures. Preventative maintenance activities identified under the program include, but are not limited to, deck spall repairs, concrete rehabilitation, joint replacements, slope protection repairs, bearing pad replacements, overlay treatments, and related structural improvements. These improvements are designed to preserve existing infrastructure, minimize long-term repair costs, and reduce the likelihood of more extensive rehabilitation in the future.

On August 25, 2025, the City issued a RFP seeking qualified professional engineering consultants to prepare the PS&E necessary to implement the BPMP. The scope of work includes project management, data collection and field review, environmental clearance, right-of-way support, permitting, final PS&E preparation, and limited construction support.

The 4 proposals received were evaluated based on qualifications, project approach, understanding of the scope, experience with similar projects, knowledge of Caltrans and federal requirements, and demonstrated ability to deliver the project within schedule and budget constraints. Following evaluation, Dokken was ranked as the most qualified firm.

Dokken brings specialized expertise in bridge preventative maintenance and has successfully delivered similar programs for other public agencies, including projects funded through state and federal transportation programs. Their proposed approach demonstrates a clear understanding of the City’s objectives, coordination requirements with regulatory agencies, and the technical complexities associated with bridge maintenance projects.

Staff negotiated the final scope and fee with Dokken and determined the proposed cost to be fair, reasonable, and consistent with the level of effort required for the project. The proposed agreement includes coordination with subconsultants for surveying, geotechnical support on an as-needed basis, environmental services, and right-of-way activities to ensure the project is advanced in compliance with applicable regulations.

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Agreement for Contract Services with Dokken Engineering 82 Return to Agenda Link

AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and Dokken Engineering, a California Corporation, with a place of business at San Diego, California (“Contracting Party”). The parties hereto agree as follows:

1. SERVICES OF CONTRACTING PARTY.

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those Services related to Professional Engineering Services for the Bridge Preventative Maintenance Program Plan Project (City Project No. 2023-33), as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.

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

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

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

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

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

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

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

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

1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. 84 Return to Agenda Link
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Compensation for properly authorized Additional Services shall be made in accordance with Section 2.4 of this Agreement.

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

2. COMPENSATION.

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated based on Lump Sum in accordance with “Exhibit B” (the “Schedule of Compensation”). The total amount payable by City shall not exceed Six Hundred Twelve Thousand Four Hundred Twenty-Six Dollars and Thirty-Five Cents ($ 612,426.35) (the “Contract Sum”), except as provided in Section 1.7. The total lump sum price paid to Contracting Party will include compensation for all work and deliverables, including travel and equipment described in “Exhibit A”. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. No additional compensation will be paid to Contracting Party unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be made in accordance with Section 1.7.

2.2 Method of Billing & Payment. Progress payments will be made monthly in arrears based on the percentage of work completed by Contracting Party. If Contracting Party fails to submit the required deliverable items according to the schedule set forth in Section 3.2, City shall have the right to delay payment or terminate this Agreement. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which Contracting Party is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated in the Schedule of Compensation and shall reference this Agreement number (or City project number for which this Agreement applies) and project title.

Invoices shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. No payment 85 Return to Agenda Link
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will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement. The final invoice must contain the final cost and all credits due City including any equipment purchased under the provisions of Section 13.8. Except as provided for Section 10.3, the final invoice should be submitted within sixty (60) calendar days after completion of Contracting Party’s work.

2.3 Prompt Payment: The City shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from Contracting Party on a professional service contract. If the City fails to pay promptly, the City shall pay interest to the Contracting Party, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and prerated as necessary. Upon receipt of the payment request, the City shall act in accordance with both of the following:
1) The City shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
2) The City must return any payment request deemed improper by the City to the Contracting Party as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

For projects awarded on or after September 1, 2023: the Contracting Party must now submit Exhibit 9-P to the City administering the Agreement by the 15th of the month following the month of any payment(s). If the Contracting Party does not make any payments to subconsultants, supplier(s), and/or manufacturers Contracting Party must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The City must verify all Exhibit 9-P information and monitor compliance with prompt payment requirements. The City must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the Contracting Party.

2.4 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 86 Return to Agenda Link
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3. PERFORMANCE SCHEDULE.

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

3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. Contracting Party shall not commence performance of work or services until this Agreement has been approved by City and notification to proceed has been issued by City’s Contract Officer.

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

3.4 Term. Unless earlier terminated in accordance with the provisions in Section 8.0 of this Agreement, the term of this agreement shall commence on January 20, 2026, contingent upon approval by City, and Contracting Party shall commence work after notification to proceed by City’s Contract Officer. The Agreement shall terminate on January 20, 2031, unless extended by an Amendment to this Agreement. Contracting Party is advised that any recommendation for Agreement award is not binding on City until the Agreement is fully executed and approved by City.

4. COORDINATION OF WORK.

4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
(a) Gabriel Hoxmeier, P.E.
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Tel No.: (858) 514-8377 / (541) 602-2960
E-mail: [email protected]
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City.

4.2 Contract Officer. The “Contract Officer” shall be Bryan McKinney P.E., Public Works Director/City Engineer or other such assigned designee as may be designated in writing by the City Manager of City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services and Contracting Party shall refer any decisions, which must be made by City, to the Contract Officer, or assigned designee.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

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

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

City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at 88 Return to Agenda Link
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any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

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

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

5. INSURANCE.

5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of 89 Return to Agenda Link
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this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof.

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

6. INDEMNIFICATION.

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

7. RECORDS AND REPORTS.

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

7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, Independent CPA Audited Indirect Cost Rate workpapers, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records, including those of the Contracting Party’s Independent CPA, shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, Caltrans Auditor, FHWA or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal Funding in whole or in part), or assigned designee, shall have full and free access to such Books and Records at all 90 Return to Agenda Link
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times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit, examination, workpaper review, excerpt, or transaction is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest.

Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

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

7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change.

The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect.

7.5 In the event of Termination under Section 8.0, immediately upon termination, City shall be entitled to, and Contracting Party shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates 91 Return to Agenda Link
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performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Contracting Party in performing this Agreement which is not Contracting Party’s privileged information, as defined by law, or Contracting Party’s personnel information, along with all other property belonging exclusively to City which is in Contracting Party’s possession.

7.6 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. Publication of the information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City. Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the products and results of the services to be rendered by Contracting Party hereunder to be work made for hire. Contracting Party acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

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

7.8 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. Permission to disclose information on one occasion, or public hearing held by City relating to the Agreement, shall not authorize Contracting Party to further disclose such information, or disseminate the same on any other occasion. Contracting Party shall not comment publicly to the press or any other media regarding the Agreement or City’s actions on the same, except to City’s staff, Contracting Party’s own personnel involved in the performance of this Agreement, at public hearings, or in response to questions from 92 Return to Agenda Link
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a Legislative committee. Contracting Party shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by City, and receipt of City’s written permission. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. All information related to the construction estimate is confidential and shall not be disclosed by Contracting party to any entity, other than City, Caltrans, and/or FHWA. All of the materials prepared or assembled by Contracting Party pursuant to performance of this Agreement are confidential and Contracting Party agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If Contracting Party or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from Contracting Party for any damages caused by Contracting Party releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement.

8. ENFORCEMENT OF AGREEMENT.

8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. Prior to either party commencing any legal action under this Agreement, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted.

Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Section 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is 93 Return to Agenda Link
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cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default.

Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of City’s Contract Officer and City Manager (or authorized designee), who may consider written or verbal information submitted by Contracting Party. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, Contracting Party may request review by City Governing Board of unresolved claims or disputes, other than audit. The request for review shall be submitted in writing.

Neither the pendency of a dispute, nor its consideration by the committee will excuse Contracting Party from full and timely performance in accordance with the terms of this Agreement. Audit Disputes shall be considered as provided for Section 10.

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

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

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

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

8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Upon termination, City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and in accordance 94 Return to Agenda Link
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with Section 7.5. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement.

Notwithstanding any provisions of this Agreement, Contracting Party shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Contracting Party, and City may withhold any payments due to Contracting Party until such time as the exact amount of damages, if any, due City from Contracting Party is determined.

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

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

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

8.10 Suspension of Work. City may temporarily suspend this Agreement, at no additional cost to City, provided that Contracting Party is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Contracting Party shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination provided for in this Section 8.0.
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9. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION.

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

9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. During the term of this Agreement, the Contracting Party shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement or any ensuing City construction project. The Contracting Party shall also list current clients who may have a financial interest in the outcome of this Agreement or any ensuing City construction project which will follow.

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

Contracting Party certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Contracting Party agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. Contracting Party further agrees to complete any statements of economic interest if required by either City ordinance or State law.

Contracting Party hereby certifies that the Contracting Party or subconsultant and any firm affiliated with the Contracting Party or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this Agreement, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

9.3 Covenants against Discrimination. The Contracting Party’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the 96 Return to Agenda Link
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laws of the State of California that the Contracting Party has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

During the performance of this Agreement, Contracting Party and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

Contracting Party and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

Contracting Party and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135- 11139.5, and the regulations or standards adopted by City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contracting Party shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

Contracting Party and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

Contracting Party shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

The Contracting Party, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

The Contracting Party shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - 97 Return to Agenda Link
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Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the Contracting Party shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

The Contracting Party, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin.

Title VI Assurances – Appendix A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as Consultant) agrees as follows:
a. Compliance with Regulations: Consultant shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: Consultant, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section

21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by Consultant of the Consultant’s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information.
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e. Sanctions for Noncompliance: In the event of Consultant’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination, or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: Consultant shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

Consultant shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States.

Title VI Assurances – Appendix E
During the performance of this contract, the Contracting Party, for itself, its assignees, and successors in interest agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Nondiscrimination Authorities:
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
- Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
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- The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
- Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); - Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; Page 2 of 2
- The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
- Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; - Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.

Reg. at 74087 to 74100);
- Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

10. AUDIT REVIEW PROCEDURES.

10.1 Audit Disputes. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement provided for in Section 8.0, shall be reviewed by City’s Chief Financial Officer. Not later than thirty 100 Return to Agenda Link
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(30) calendar days after issuance of the final audit report, Contracting Party may request a review by City’s Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. Neither the pendency of a dispute nor its consideration by City will excuse Contracting Party from full and timely performance, in accordance with the terms of this Agreement.

10.2 Audit Review Procedures. Contracting Party and subconsultant Agreements, including Schedule of Compensation, cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Contracting Party’s responsibility to ensure federal, City, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The Agreement, cost proposal, and ICR shall be adjusted by Contracting Party and approved by City Contract Officer to conform to the audit or review recommendations. Contracting Party agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion.

Refusal by Contracting Party to incorporate audit or review recommendations, or to ensure that the federal, City or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination under Section 8.0 of the Agreement and disallowance of prior reimbursed costs.

10.3 Caltrans Audits and Investigations Work Paper Review. Contracting Party’s Schedule of Compensation may be subject to a CPA ICR Audit Work Paper Review and/or audit by Independent Office of Audits and Investigation (AOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Schedule of Compensation shall be adjusted by the Contracting Party and approved by the City Contract Officer to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Contracting Party to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination under Section 8.0 of the Agreement and disallowance of prior reimbursed costs.

During IOAI’s review of the ICR audit work papers created by the Contracting Party’s independent CPA, IOAI will work with the CPA and/or Contracting Party toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Contracting Party at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.
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Accepted rates will be as follows:

A. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate.

B. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.

C. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

If IOAI is unable to issue a cognizant letter per this Section 10.3, IOAI may require Contracting Party to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Contracting Party’s and/or the independent CPA’s revisions.

If the Contracting Party fails to comply with the provisions of this Section 10.3, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth this Section 10.3 for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement.

Contracting Party may submit to City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Agreement has been completed to the satisfaction of City; and, (3) IOAI has issued its final ICR review letter. The Contracting Party must submit its final invoice to City no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed between City and the Contracting Party, either as a prime or subconsultant, with the same fiscal period ICR.

11. STATE PREVAILING WAGE RATES

11.1 State Prevailing Wage Rates. No Consultant or Subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments. The Contracting Party shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site.

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sites, at City facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov.

11.2 Payroll Records. Contracting Party and each Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contracting Party or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

A. The information contained in the payroll record is true and correct.

B. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

The payroll records enumerated under this Section 11.2 shall be certified as correct by the Contracting Party under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by City representative’s at all reasonable hours at the principal office of the Contracting Party. The Contracting Party shall provide copies of certified payrolls or permit inspection of its records as follows:

A. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.

B. A certified copy of all payroll records enumerated in this Section 11.2 shall be made available for inspection or furnished upon request to a representative of City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Contracting Party.

C. The public shall not be given access to certified payroll records by the Contracting Party. The Contracting Party is required to forward any requests for certified payrolls to the City Contract Officer by both email and regular mail on the business day following receipt of the request.

Contracting Party and all subconsultants shall submit a certified copy of the records enumerated in this Section 11.2, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
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Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number.

The name and address of the Contracting Party or Subconsultant performing the work shall not be marked or obliterated.

The Contracting Party shall inform City of the location of the records enumerated under this Section 11.2, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

The Contracting Party or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in this Section 11.2. In the event the Contracting Party or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by City from payments then due.

Contracting Party is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

11.3 Responsibility. When prevailing wage rates apply, the Contracting Party is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the City Contract Officer.

11.4 Penalty. The Contracting Party and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the Contracting Party and any Subconsultant shall forfeit to the City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Contracting Party or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Contracting Party or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Contracting Party or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Contracting Party or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the Contracting Party or Subconsultant had knowledge of the obligations under the Labor Code. The Contracting Party is responsible for paying the appropriate rate, including any escalations that take place during the term of the Agreement.

In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contracting Party or Subconsultant. 104 Return to Agenda Link
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If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the Contracting Party is not liable for the penalties described above unless the Contracting Party had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the Contracting Party fails to comply with all of the following requirements:

A. The Agreement executed between the Contracting Party and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.

B. The Contracting Party shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.

C. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the Contracting Party shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project.

D. Prior to making final payment to the Subconsultant for work performed on the public works project, the Contracting Party shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

Pursuant to Labor Code §1775, City shall notify the Contracting Party on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

If City determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if City did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Contracting Party shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by City.

11.5 Hours of Labor. Eight (8) hours labor constitutes a legal day's work. The Contracting Party shall forfeit, as a penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by the Contracting Party or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon 105 Return to Agenda Link
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compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

11.6 Employment of Apprentices. Where either the prime Agreement or the subagreement exceeds thirty thousand dollars ($30,000), the Contracting Party and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

The Contracting Party and its subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Contracting Party and its subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the Agreement work. The Contracting Party is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

12. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION.

The Contracting Party, subrecipient (City), or subconsultant shall take necessary and reasonable steps to ensure that DBE’s have opportunities to participate in the Agreement (49 CFR 26).

12.1 Contract Assurance. Under 49 DBR 26.13(b):

The Contracting Party, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contracting Party shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by the Contracting Party to carry out these requirements is a material breach of this contract, which may result in the termination of this contract under Section 8.0 or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated Damages; and/or
(4) Disqualifying the Contracting Party from future proposing as non-responsible.

12.2 Progress Payments. For projects awarded after March 1, 2020, but before September 1, 2023: No later than the 10th of the month following the month of any payment(s), the Contracting Party must submit an invoice for payment along with Exhibit 9-F: Monthly Disadvantaged Business Enterprise (DBE) Payment to the Caltrans Business Support Unit at [email protected]. Provide a copy to the City. 106 Return to Agenda Link
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For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required.

Instead, by the 15th of the month following the month of any payment(s), the Contracting Party must now submit Exhibit 9-P to the City. If the Contracting Party does not make any payments to subconsultants, supplier(s), and/or manufacturers Contracting Party must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

12.3 Subcontracting. Any subcontract entered into as a result of this agreement shall contain all of the provisions of this section.

13. MISCELLANEOUS PROVISIONS.

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

To City:

CITY OF LA QUINTA
Attention: Bryan McKinney, PE
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:

13.2 Contracting Party’s Reports or Meetings. The Contracting Party shall submit progress reports at least once a month. The report should be sufficiently detailed for the City’ Contract Officer to determine, if the Contracting Party is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

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

13.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

13.5 Cost Principals. The Contracting Party agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. The Contracting Party also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Any costs for which 107 Return to Agenda Link
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payment has been made to the Contracting Party that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the Contracting Party to City. When Contracting Party or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

13.6 Subcontracting. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the City and any Subconsultants, and no sub agreement shall relieve the Contracting Party of its responsibilities and obligations hereunder. The Contracting Party agrees to be as fully responsible to the City for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contracting Party. The Contracting Party's obligation to pay its Subconsultants is an independent obligation from the City’s obligation to make payments to the Contracting Party. The Contracting Party shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the City Contract Officer, except that which is expressly identified in the Schedule of Compensation. Any sub-agreement entered into as a result of this Agreement, shall contain all the provisions stipulated in this entire Agreement to be applicable to Subconsultants unless otherwise noted. Contracting Party shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the Contracting Party by the City. Any substitution of Subconsultants must be approved in writing by the City Contract Officer in advance of assigning work to a substitute Subconsultant.

13.7 Prompt Progress Payment. The Contracting Party or subconsultant shall pay to any subconsultant, no later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the Contracting Party on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the Contracting Party or subconsultant to a subconsultant, the Contracting Party or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

13.8 Prompt Payment of Withheld Funds to Subconsultants. No retainage will be held by the City from progress payments due to the Contracting Party. The Contracting Party and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these provisions shall subject the violating 108 Return to Agenda Link
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Contracting Party or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the Contracting Party or subconsultant in the event of a dispute involving late payment or nonpayment by the Contracting Party, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

13.9 Equipment Purchase. Prior authorization in writing by City Contract Officer shall be required before Contracting Party enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or services. Contracting Party shall provide an evaluation of the necessity or desirability of incurring such costs. For purchase of any item, service, or consulting work not covered in Schedule of Compensation and exceeding five thousand dollars ($5,000), with prior authorization by City Contract Officer, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified. Any equipment purchased with funds provided under the terms of this Agreement is subject to the following:

Contracting Party shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated as provided for in Section 8.0, Contracting Party may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Contracting Party elects to keep the equipment, fair market value shall be determined at Contracting Party’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Contracting Party, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City.

Regulation 2 CFR Part 200 requires a credit to State or Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

13.10 Rebates, Kickbacks or Other Unlawful Consideration. The Contracting Party warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any City employee.

For breach or violation of this warranty, City shall have the right, in its discretion, to terminate this Agreement without liability, to pay only for the value of the work actually performed, or to deduct from this Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 109 Return to Agenda Link
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13.11 Prohibition of Expending City, State, or Federal Funds for Lobbying. The Contracting Party certifies, to the best of his or her knowledge and belief, that no State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of the Contracting Party, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the Contracting Party shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. The Contracting Party also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier sub-agreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

13.12 Debarment and Suspension Certification. The Contracting Party’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the Contracting Party or any person associated therewith in the capacity of owner, partner, director, officer or manager is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining responsibility.

Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by FHWA.

13.13 Funding Requirements. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made. This Agreement is valid and enforceable only if sufficient funds are made available to City for the purpose of this Agreement. In addition, this Agreement 110 Return to Agenda Link
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is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City governing board that may affect the provisions, terms, or funding of this Agreement in any manner. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds. City has the option to terminate the Agreement pursuant to Section 8.0 or by mutual agreement to amend the Agreement to reflect any reduction of funds.

13.14 Contingent Fee. Contracting Party warrants, by execution of this Agreement that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Contracting Party for the purpose of securing business. For breach or violation of this warranty, City has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

13.15 Inspection of Work. Contracting Party and any subconsultant shall permit City, the State, and the FHWA if federal participating funds are used in this Agreement; to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement.

13.16 Safety. Contracting Party shall comply with OSHA regulations applicable to Contracting Party regarding necessary safety equipment or procedures. Contracting Party shall comply with safety instructions issued by City Safety Officer and other City representatives. Contracting Party personnel shall wear hard hats and safety vests at all times while working on the construction project site. Pursuant to the authority contained in Vehicle Code §591, City has determined that such areas are within the limits of the project and are open to public traffic. Contracting Party shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Contracting Party shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

Contracting Party must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Section.

13.17 Claims Filed by City’s Construction Contractor. If claims are filed by City’s construction contractor relating to work performed by Contracting Party’s personnel, and additional information or assistance from Contracting Party’s personnel is required in order to evaluate or defend against such claims; Contracting Party agrees to make its personnel available for consultation with City’s construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. Contracting Party’s personnel that City considers essential to assist in defending against construction contractor claims will be made available on reasonable 111 Return to Agenda Link
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notice from City. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Contracting Party’s personnel services under this Agreement. Services of Contracting Party’s personnel in connection with City’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to resolve the construction claims.

13.18 National Labor Relations Board Certification. In accordance with Public Contract Code §10296, Contracting Party hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Contracting Party, within the immediately preceding two-year period, because of Contracting Party’s failure to comply with an order of a federal court that orders Contracting Party to comply with an order of the National Labor Relations Board.

13.19 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

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

13.21 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. Contracting Party shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by City Contract Officer.

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

13.23 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and 112 Return to Agenda Link
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become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties.

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

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

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

CONTRACTING PARTY:

By:

Name:

Title:

ATTEST:

MONIKA RADEVA, City Clerk
La Quinta, California
By:

Name:

Title:

APPROVED AS TO FORM:

WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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ADDENDUM TO AGREEMENT
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, 115 Return to Agenda Link
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Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 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 Section 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. 116 Return to Agenda Link
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(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. 117 Return to Agenda Link
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Exhibit A
[See Attached]
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SCOPE OF SERVICES
TASK 1 PROJECT MANAGEMENT
Dokken Engineering’s project management will include regular virtual meetings, in-person deliveries, presentation of work products, development and monitoring of action items, monthly progress reports, work progress monitoring, budget monitoring, coordination and communication. Monthly Project Delivery Team (PDT) meetings will be held with City staff and other representatives, as necessary, to discuss work progress, decisions made, schedule and considerations for the City.

The Dokken Project Manager will work closely with the City Project Manager and continuously inform the City Project Manager of all project activities. The duration of the project management effort is expected to be continuous through completion of the job. Project management will include: leading, direc'ng and monitoring the Dokken team; preparing for, a)ending, and documen'ng team mee'ngs and ac'on items; preparing, coordina'ng, and maintaining a cri'cal path method schedule; preparing monthly progress reports, invoices and specific work completed; and miscellaneous coordina'on and support.

Coordination – Close contact will be maintained between the Dokken Project Manager, all subconsultants, the City Project Manager, project personnel, and regulatory agencies. The Dokken Project Manager will act as the principal liaison between the City and staff at Dokken.

Communication – Effective communication through in-person visits, focused meetings, telephone calls and e-mails to the City will be performed to discuss specific project issues by the Project Manager. Regular communication with team members, the City and other agency personnel will be facilitated through the Dokken Project Manager.

Progress reports will be submitted monthly to the City. These reports will include the work performed during that period, a discussion of issues/decisions, recommendations to address issues, budget status, and anticipated work for the following month. The progress report will be submitted with the monthly invoice. Dokken’s Project Manager is responsible for maintaining cost control for each task, including our subconsultants.

Project Schedule - Dokken will provide and maintain a detailed Milestone Schedule for the bridge and a less detailed program wide Microsoft Project Schedule. The Milestone Schedule is a simple one page schedule to assist in project communication Dokken’s Project Manager will closely monitor the schedules and discuss updates with the City Project Manager.

Task 1 Deliverables: Monthly Progress Report and Invoice; Meeting Agendas and Minutes; Action Item Lists; Project Schedule TASK 2 DATA COLLECTION, FIELD REVIEW and BASE MAPPING
Task 2.1 Project Research
Dokken Engineering will research all information pertinent to the project including as-built plans and record drawings (for bridges, slope lining, and grade control structures), bridge inspection reports, right-of-way and parcel data, and all future improvement plans adjacent to or affecting the project site. Dokken Engineering will perform a site visit to validate project research and determine the proposed work limits. Dokken Engineering will identify all existing and proposed facilities within the project limits and potential conflicts. Dokken Engineering will schedule and attend the field review meeting with the Structures Local Assistance if required.

Where work is limited to deck and roadway surface it is anticipated that work will be performed within the City or Caltrans Right of Way. It is assumed that approximate parcel and Right of Way is sufficient. Where work or access is needed outside the City or Caltrans Right of Way, boundary surveys will be performed per Task 3 of this scope.

Task 2.1 Deliverables: Atlas Maps, Field Review Notes
Task 2.2 Utility Coordination
Based on the work being performed, utility potholing and relocations are not expected. It is anticipated that Relocation Claim Letter to Owners (Letter #2) and liability determination will not be necessary. Valve adjustments, if necessary, will be coordinated with the utility owners in accordance with the LAPM Chapter 14.

Utility Base Mapping
Dokken will prepare a letter request for as-builts and facility mapping form each of the utility companies, for the City’s review and approval. Dokken will perform a field review of the project site to ascertain existing conditions compared to the as-built drawings. Using available record drawings, information from the field reconnaissance and utility mark outs, Dokken will 119 Return to Agenda Link
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prepare a utility base map in CAD format identifying the existing utilities. Utilities will be shown on the project plans where applicable.

Utility Impact Identification and No Conflicts Letter
Dokken Engineering will review the project improvements against the existing utility base mapping and identify potential utility impacts. Dokken will develop an inventory of potential utility impacts, confirm utility rights with City records, and prepare Utility Notice to Owners – No Conflict (Letter #3) for distribution to pertinent utility companies, if needed. Valve adjustments, if necessary, will be coordinated with the utility owners in accordance with the LAPM Chapter 14.

Task 2.2 Deliverables: Utility Mapping Requests (Letter #1); Existing Utility Base Map; Utility Notice to Owners – No Conflict (Letter #3) or Utility Notices in accordance with LAPM Chapter 14 as applicable TASK 3 SURVEY
Based on the work being performed, topographic surveys (aerial or field shot), are not expected.

It is anticipated that an easement and/or temporary construction easement (TCE) is/are needed at bridge BR# 56C-0266 to perform the necessary maintenance repairs. Survey will be limited to this bridge to support Right of Way and establishment of easements.

Task 3.1 Project Survey Control
UNICO will request the preferred project datum from the City of La Quinta. It is assumed that UNICO will utilize the current National Geodetic Survey (NGS) North American Datum (NAD83) and the North American Vertical Datum (NAVD88) as the basis of the survey. UNICO will survey local control and will set durable project control points at the bridge location. The bridge requiring right of way surveys is identified as Bridge Number 56C0266 along Washington Street.

Task 3.1 Deliverables: Control Report
Task 3.2 Right of Way Surveys and Mapping
The parcel requiring the easement or TCE is identified as Assessor’s Parcel Number (APN) 604-640-005. UNICO will perform field surveys of the parcels adjacent to the bridge site to search and tie record monuments, wells, pipes, pins and other boundary related features to fully resolve the right of way and parcel boundary. UNICO will research record maps, records of surveys, parcel maps, deeds, corner record cards and other boundary information to map the right of ways and parcel boundary. Dokken Engineering will provide UNICO a current title report (per Task 8.3) of the parcel. UNICO will prepare base mapping of all right of way lines and easements of record. All monuments that are found within the project footprint will be mapped into the base file for future monument perpetuation that may be required during the construction phase.

Task 3.2 Deliverables: Right of Way Base Map
Task 3.3 Plats and Legal Descriptions
UNICO will work with City and design team to prepare plats and legal descriptions for easements and/or TCE. For this proposal, UNICO will assume the preparation of up to two (2) total plats and legal descriptions as needed. UNICO will prepare preliminary PDF copies of all plats and legal descriptions for review. Once approved, UNICO will provide final signed and stamped PDF copies for recordation.

Task 3.3 Deliverables: Plats and Legal Descriptions (2 Total) TASK 4 GEOTECHNICAL ANALYSIS
The work identified in the Bridge Preventive Maintenance Program Plan (BPMP Plan) is limited to structure repairs, overlay and surface repairs and other maintenance activities. New concrete slope pavement will be an extension of the existing concrete slope protection. Grades will be restored to the original design intent and concrete slope pavement will match existing conditions. It is assumed that geotechnical analysis will not be required. Slope stability analysis, slope paving design and new approach pavement and subsequent pavement analysis is not anticipated.

TASK 5 ENVIRONMENTAL APPROVAL
Task 5.1 Preliminary Environmental Study (PES)
Dokken will prepare a draft PES Form and will coordinate with Caltrans to set up a field review prior to approval of the PES Forms. The PES Form will include an environmental study area map as well as an environmental constraints analysis to identify key environmental impacts that could occur during construction. Once the draft PES Form is completed, it will be reviewed 120 Return to Agenda Link
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by the City and Caltrans. The PES form will outline the recommended federal environmental documentation, technical studies, surveys, approvals, agency coordination, and permits required for the Project.

Task 5.1 Deliverables: Preliminary Environmental Study
TASK 5.2 Hazardous Material Surveys (OPTIONAL)
Dokken will assess each of the five bridge locations (the sites) within the City for hazardous materials.

TASK 5.2.1 Phase I Initial Site Assessment (ISA) (OPTIONAL) Dokken Engineering will perform an Initial Site Assessment (ISA) will be to determine the potential presence of environmental concerns and contaminated properties at the sites that may impact maintenance at each location.

The primary purpose of the ISA is to assess the sites for the potential presence of recognized environmental conditions (RECs) (i.e., levels of hazardous substances and/or petroleum products warranting regulatory cleanup action) and the uses and conditions at properties and facilities in the site vicinities with the potential to cause (or have caused) an REC at the sites. For the purposes of this ISA, the “vicinity” of the sites is defined as properties/facilities within 1/8 mile of the sites. The ISA will be performed in general accordance with the ASTM International (ASTM) Designation E 1527-21 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. Potential environmental concerns and contaminated properties that are determined to potentially pose a significant impact to the planned improvements would be further evaluated during a subsequent (Phase II) Preliminary Site Investigation (PSI).

As part of the Phase I ISA, Dokken will perform the following services including:
• Perform a reconnaissance of the sites to assess for the presence, or make visual observations of indicators of the potential presence, of RECs on the sites. These indicators may include 55-gallon drums, underground and aboveground storage tanks, chemical containers, waste storage and disposal areas, industrial facilities, discolored surficial soils, electrical transformers that may contain polychlorinated biphenyls, and areas conspicuously absent of vegetation. If access is unavailable to any portions of the sites, our ability to complete the assessment described herein may be hindered.

Assessment of the sites for wetlands, asbestos-containing building materials, lead-containing paint, lead in drinking water, radon, methane gas, and naturally occurring substances such as arsenic and asbestos are not included in the ISA services.
• Perform a visual survey of adjoining and adjacent properties from the sites and from public thoroughfares to observe general types of land use and conditions surrounding the sites. • Review the Standard Environmental Records Sources: Federal and State as referenced in ASTM Designation E 1527-21 to obtain information regarding the potential presence of hazardous substances and/or petroleum products on the sites or on properties within the approximate minimum search distance specified for each source, reviewing reasonably ascertainable regulatory agency files for the sites and documented hazardous substance and/or petroleum product release locations near the sites. The sources for these files could include the local department of environmental health, the California Regional Water Quality Control Board, and the California Department of Toxic Substances Control. • Review pertinent and reasonably ascertainable information sources to evaluate physiographic, geologic, and hydrogeologic conditions in the vicinity of the sites.
• Review and interpret reasonably ascertainable historical aerial photographs to obtain information concerning the historical use of the sites and adjacent properties.
• Review historical United States Geological Survey topographic maps to obtain information relative to the topography of the sites, as well as previous development and uses of the sites and properties located in the vicinity of the sites. • Review documents provided by the Client. Potentially useful documents may include geotechnical, geologic, and environmental reports, site plans, plot plans, and correspondence with regulatory agencies. • Prepare a report summarizing the findings of the ISA for the sites and qualitatively describing existing, or the potential for, RECs on the sites.

TASK 5.2.2 Phase II Preliminary Site Investigation (PSI) Report (OPTIONAL) Should the results of the Phase I ISA determine that additional testing is necessary, Dokken Engineering’s sub consultant, Geocon, will perform a Phase II testing and Site Investigation Report (PSI). The purpose of the Phase II PSI is to preliminarily characterize hazardous materials that may be encountered during construction. The findings will be used to evaluate material disposal options and worker health and safety. The specific scope of the Phase II PSI should be determined after completion of the Phase I ISA and after the 30% design submittal is complete. The PSI will focus on the following two primary potential issues: Asbestos-Containing Materials (ACM) and Lead-Containing Paint (LCP) on the bridges. Geocon will prepare a project121 Return to Agenda Link Request for Proposals
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specific Health & Safety Plan and Preliminary Site Investigation Workplan for Client and Caltrans concurrence prior to fieldwork. Dokken anticipates that traffic control will be necessary to safely perform the field sampling.

Asbestos-Containing Materials (ACM)/Lead-Containing Paint (LCP) Survey Geocon will provide services including:
• Conduct asbestos and LCP surveys of the five bridge structures; • Collect up to 110 bulk material samples for asbestos analysis by polarized light microscopy (PLM); • Additionally analyze up to 20 of the bulk asbestos samples by PLM point count methodology (400 points with gravimetric reduction);
• Additionally analyze up to 20 of the bulk asbestos samples by PLM point count methodology (1,000 points); • Collect up to 20 samples of paint for lead analysis by USEPA Test Method 6010B; • Analyze up to 10 of the paint samples for soluble lead using the WET and 10 of the paint samples for soluble lead using the Toxicity Characteristic Leaching Procedure test; and • Prepare an asbestos and LCP survey report.

During the asbestos and LCP survey, our staff will:
• Conduct a walkthrough inspection of the bridge structures to identify and inventory suspect ACM and potential LCP. • Collect representative bulk samples of suspect ACM and submit using chain-of-custody (COC) documentation to a laboratory accredited under the National Voluntary Laboratory Accreditation Plan for the analysis of asbestos in bulk material samples.
• Analyze suspect ACM samples collected during the surveys on a 5-day turnaround time using PLM according to the EPArecommended method. • Collect bulk samples of potential LCP using techniques presented in United States Department of Housing and Urban Development (HUD) guidelines. In addition, each painted area sampled will be evaluated for evidence of deterioration such as flaking or cracking.
• Submit paint samples to a California-licensed and California State Water Resources Control Board-accredited laboratory for lead analyses in accordance with USEPA Test Method 6010B under COC documentation on a 5-day turnaround time. • Prepare one electronic version of a final asbestos and LCP survey report that will include a general property description, sample/laboratory analytical results, ACM and deteriorated LCP quantities, types, condition, and locations, photographs of identified ACM and LCP, and inspector/laboratory certification data. A bridge structure drawing illustrating sample locations will also be included in the report. The drawing will be proportional, but not to-scale.

A reasonable effort will be made to identify suspect ACMs and LCPs. However, this does not imply a guarantee that all possible sources will be identified as certain materials may be hidden by structural materials or may be otherwise inaccessible. During future renovation or demolition operations, suspect ACMs and potential LCP may be uncovered.

These materials should be treated as ACM and LCP, respectively, until evaluation, sampling, and analysis indicate otherwise.

Aerially Deposited Lead (ADL) Survey
The scope of services for the ADL Survey is presented as follows:
• Advance eight soil borings along the roadway shoulders at bridge location 56C0266 (Washington Street at the Whitewater River) using hand auger sampling equipment. We will collect soil samples at depth intervals of 0 to 1 and 1 to 2 feet from each boring. We will collect soil samples from the hand auger and transfer to Ziploc® re-sealable plastic bags. We will homogenize the samples in the field, subsequently label them, place them in an ice chest, and deliver them to the analytical laboratory under standard chain-of-custody documentation. We will backfill the borings with the excavated soil materials. We will note general soil types encountered in the borings on the daily field log. • Perform quality assurance/quality control procedures during the field exploration activities. These procedures will include decontamination of sampling equipment before each sample is collected and providing chain-of-custody documentation for each soil sample submitted to the laboratory. We will decontaminate the soil sampling equipment between each sample by washing the equipment with an Alconox® solution followed by a double rinse with deionized water. We will discharge the rinseate water to ground surface areas which do not slope to drainage inlets or surface water bodies.
• Analyze each soil sample for total lead following United States Environmental Protection Agency (USEPA) Test Method 6010B (16 samples).
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• Analyze samples with total lead concentrations between 50 and 1,000 milligrams per kilogram (mg/kg) for soluble lead using the Waste Extraction Test (WET) method, USEPA Test Method 7000, where necessary (assume up to six samples). • Analyze soil samples with total lead concentrations greater than 1,000 mg/kg for Toxic Characteristic Leaching Procedure (TCLP) for soluble lead, where necessary (assume up to two samples). • Prepare a report to present our findings and conclusions. The report will include the following:
- Introduction/project description
- Vicinity Map and Site Plan showing boring locations
- Investigative methods
- Investigative results and field observations
- Statistical analysis of the data
- Conclusions and recommendations
- Appendices including laboratory reports and chain-of-custody documentation Task 5.2 Deliverables: Phase I Initial Site Assessment (ISA) Report; Phase II Preliminary Site Investigation (PSI) report Task 5.3 Natural Environmental Study (Minimal Impacts)
A Dokken biologist will conduct fieldwork in order to assess the presence/absence of sensitive biological resources (e.g., species or habitats), or to determine the potential for occurrence of such resources. A literature search will be conducted.

The location of any sensitive biological resources in the study area, including plants and plant communities, will be mapped.

Surveys will be timed for the appropriate season, e.g. plant surveys during the blooming season. Transportation projects are covered activities under the Coachella Valley Multiple Species Habitat Conservation Plan.

A Natural Environment Study (Minimal Impacts) (NES(MI)) in the current Caltrans format will be prepared. The field methods will be described along with the field survey and literature search results. Plant and animal species observed will be listed, along with a general description of vegetative communities. Sensitive resources found will be mapped and evaluated in the NES(MI). The report will contain tables describing sensitive species and their habitats that are present or potentially present; it will identify and assess project impacts on the existing biological resources, including any sensitive species. Mitigation measures will be included as necessary.

Task 5.3 Deliverables: Natural Environment Study (Minimal Impacts) Task 5.4 Cultural Resources/Section 106 Compliance
Compliance with Section 106 of the National Historic Protection Act (NHPA Section 106) will be required for this project.

Dokken Engineering is proposing compliance via two optional tasks (pending additional input from Caltrans Professionally Qualified Staff (PQS) which will occur during the PES (Task 5.1): screened undertaking (Task 5.4.1) or Full Section 106 (Task

5.4.2).

Task 5.4.1 Screened Undertaking (OPTIONAL)
The Caltrans Section 106 Process includes a list of project types which qualify as a “screened undertaking” as they do not have potential to impact cultural resources and can therefore go through a streamlined cultural approval process. The proposed Project could qualify under Caltrans Screened Undertaking classes 8, 11, 13, 20, and 25 which allow for modification to existing features like the addition of bicycle lanes or pedestrian walkways, sidewalks/curbs, addition of lighting, modification to traffic control systems, and landscaping. This task assumes that Caltrans would not require consultation with Native American Governments for a Screened Undertaking. Dokken Engineering will conduct background research through the California Historical Information System’s Central California Information Center, consult historical maps and records, and request a search of the Sacred Lands File through the Native American Heritage Commission. Dokken Engineering would document the results of these efforts in a cultural resources memorandum with supporting documentation such as project figures and the records search results, for Caltrans’ use in their internal Screened Undertaking. Once approved, no additional cultural resource identification or reporting efforts will be required for the Project.

Task 5.4.2 Full Section 106 Compliance (OPTIONAL)
If Caltrans determines a Screened Undertaking is not appropriate for the northern embankment of the Whitewater River, Dokken Engineering will prepare documentation in accordance with the full Section 106 process. 123 Return to Agenda Link
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Dokken Engineering archaeologists, who meet the Secretary of the Interior’s Professional Qualification Standards in Archaeology and are equivalent to Caltrans PQS Principal Investigators, will conduct cultural resource identification efforts following the Caltrans SER guidelines. This process includes the following:
• Obtain a records search from the California Historical Resources Information System • Request the Native American Heritage Commission review the Sacred Lands File • Consult with Native American Tribes and historical organizations in accordance with Section 106 requirements (up to three rounds of 30-day notices)
• Define an Area of Potential Effects
• Conduct an archaeological survey of the Project area
The findings will be documented in Caltrans formatted Historic Property Survey Report (HPSR) and an Archaeological Survey Report (ASR). This scope includes one round of review for the HPSR/ASR based on City comments and two rounds of review for the HPSR/ASR based on Caltrans comments, prior to final approval by both agencies.

This scope assumes that no cultural resources require recordation or evaluation as the bridges have previously been evaluated as not eligible for the National Register of Historic Places and as the construction footprint includes very steep slopes that have been significantly altered from their original disposition.

Although the project may qualify for a CEQA exemption which does not require CEQA Native American consultation, should the City request it, Dokken can assist with the preparation of Project Notification Letters, per California Public Resources Code (PRC) §21080.3.1 (also referred to as AB 52). Dokken can assist the City with subsequent Native American consultation meetings, requests, and recommendations conducted under both Section 106 of the NHPA and PRC §21080.3.1 (AB 52).

Task 5.4 Deliverables: Cultural Record Search, Sacred Lands File, Screened Undertaking, Historic Property Survey/Archaeological Survey Report
Task 5.5 Water Quality Assessment Memorandum
Dokken will prepare a Water Quality Assessment Report to address the potential for project impacts on water quality based on current Caltrans guidelines (Environmental Handbook Volume 1, Chapter 9, Water Quality). The report will discuss the waters within the project areas and the receiving waters conditions, objectives, and beneficial uses as well as Caltrans standard best management practices (BMPs) and project design features required in accordance with the current Caltrans Statewide Storm Water Management Plan. This scope and fee assumes that a full Water Quality Assessment Report will not be required by Caltrans.

Task 5.5 Deliverables: Water Quality Assessment Memorandum Task 5.6 CEQA Notice of Exemption (NOE) Form and Evaluation Letter; NEPA Categorical Exclusion Based on identified type of maintenance work identified in the BPMP Plan and preliminary research, the proposed project qualifies for CEQA categorical exemption 15301 for existing facilities. Dokken Engineering will prepare a letter that evaluates whether there are any exceptions that would preclude the use of the CEQA exemption. If no exceptions exist, a CEQA Notice of Exemption (NOE) for will be prepared for the City to file NOE. Dokken will file the NOE with the State Clearinghouse. This scope and fee include the $50.00 filing fee. Dokken will work with Caltrans Local Assistance to prepare a Categorical Exclusion as the NEPA approval document for the project and will include avoidance, minimization and mitigation measures provided in the technical studies prepared.

Task 5.6 Deliverables: Notice of Exemption (NOE) Form and Recommendation Letter TASK 6 GEOMETRIC APPROVAL DRAWINGS
Dokken Engineering will develop schematic plans, which shall include civil design, structural design and “opinion of estimated cost”. Work activities will include those verified on the provided BPMP Plan List, as well as any additional recommended activities from the project research as agreed upon with the City.

The 30% phase will incorporate recommendations from Data Collection and Field Reviews to define work activities and project limits. The plans will be prepared based on existing records and as-builts. Any additional work that is not part of the current project scope and the City wishes to include into the project will be discussed during this stage of the project. 124 Return to Agenda Link
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30% Plans and Opinion of Probable Cost
Obtain and review all relevant as-built plans and the most recent Caltrans bridge inspection reports to create the preliminary plans of the bridge repairs. Quantities and cost estimates will be prepared for all structures.

Task 6 Deliverables: One (1) digital copy of Plans; One (1) digital copy of Opinion of Probable Cost TASK 7 PLANS, SPECIFICATIONS AND ESTIMATE (PS&E)
Dokken will integrate Cost Estimates, utility mapping, encroachment permits, and easements as applicable. Dokken will coordinate submittals with the City, Caltrans, and any other stakeholder Agency. Burne Engineering will support and perform a portion of the bridge preventive maintenance work tasked herein. Burne Engineering will be responsible for the development of the PS&E for bridge repair work for two of the five bridges (#56C-0076 and #56C-0498) The Dokken Team will provide bridge preventive maintenance work for the other three bridges, signing/striping, and coordination. Plan and specification submittals shall be provided in digital format to the City. Hard copy plan sets will be provided upon request.

Final plans will be submitted on full size (24” x 36”) Mylar. Digital files shall be in Portable Document Format (PDF) and AutoCAD 2025 format. Technical Specifications will be prepared using the latest versions of Caltrans Standard Specifications and Standard Special Provisions (or other City-approved format) as a basis, modified for FHWA requirements and submitted along with plans at 60%, 90% and 100%.

A formal Quality Control (QC) review will be performed by Dokken and Burne Engineering at each submittal phase. The review will address construction drawings, technical specifications, cost estimates, and overall constructability of the project.

Signing and Striping
Dokken will design permanent striping, pavement markings, and signing plans per the California MUTCD latest edition. Signing and Striping plans will be prepared at each bridge location receiving methacrylate deck treatment or asphalt concrete (AC) overlay replacements to maintain the existing striping configuration.

Traffic Handling
Dokken anticipates that the programmed bridge maintenance work will occur in stages at each bridge to maintain at least one lane of traffic in each direction during construction. It is assumed that the contactor will be responsible for traffic control plans for each of the bridges. This allows the contractor more flexibility to accommodate their means and methods. Typical Traffic Control Applications from latest CA MUTCD, Caltrans Standard Plans or any local City guidelines will be utilized for the various closure scenarios anticipated. Since Highway 111 was relinquished by Caltrans and is owned and operated by the City of La Qunita, Caltrans encroachment permits are not expected.

Water Quality
Based on the BPMP plan, the work activities identified are limited to structure maintenance. The north abutment of Bridge BR# 56C-0266 has scoured and eroded on the West side of the bridge. On the East side of the bridge, there is existing concrete slope protection in good condition. The concrete slope protection will be extended to the west to protect the limits of the bridge. Geometry (thickness, slope, key depth, etc.) will match the existing conditions based on as-builts or field measurements.. Changes to the channel are restorative in nature, where hydrology or hydraulics analysis is not anticipated.

Dokken will assist the City to complete the internal WQMP/SWPP determination form to determine that the project does not trigger LID or WQMP requirements. Dokken will identify best management practices for implementation in project plans and specifications.

Channel Access
It is anticipated that for bridge BR# 56C-0266, work performed underneath the bridge will require construction access into the channel. The plans will incorporate temporary construction easements to allow the access for equipment or personnel.

Task 7.1 60% Design - Plans, Specifications, and Estimate (PS&E) Upon approval of Geometric Approval Drawings (30% PS&E) by the City and Caltrans and upon receiving environmental clearance (both NEPA and CEQA), the Dokken team will prepare and submit the draft 60% plans, specifications, and estimate to the City.
60% Plans
Upon approval of the work limits defined in the 30% project phase, work will begin on the 60% plans. The plans will incorporate any comments received from the City from the 30% submittal review and will incorporate all construction details including signing/striping and traffic handling necessary to complete BPMP work. The plans will show utilities based on research and utility mapping. A full set of plans will be prepared with consideration for constructability and public safety. It 125 Return to Agenda Link
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is assumed that the existing concrete slope protection meets Coachella Valley Water District’s (CVWD) design standards and hydraulic analysis isn’t required. Plans will include the extension of the existing concrete slope pavement and detailing will follow CVWD Guideline K-2 Bank (Slope) Protection Design Guidance.

Although not anticipated, if any ancillary structures design is needed, it shall be in accordance with AASHTO LRFD Bridge Design Specifications (Eighth Edition) with California Amendments current at time of bridge design, Caltrans Bridge Design Details Manual, Caltrans Bridge Design Aids, Caltrans Bridge Memos to Designers, Structure Technical Policies, and Bridge Design Memos, Caltrans Seismic Design Criteria (SDC), Caltrans Standard Plans and Specifications (latest version), and City CAD Standards. The bridge design work will be performed in English units of measure. 60% Opinion of Probable Cost
The Dokken Team will provide cost estimates at the 60% PS&E design submittal. Detailed quantities will be prepared in accordance with Caltrans Standard Specifications (latest version) and payment items. The engineer’s estimate of probable construction cost (“Marginal Estimate”) for the project will be prepared using the most recent and relevant Caltrans Cost Data, Consultants cost data, as well as the City’s cost data. 60% Contract Specifications and Special Provisions
The Dokken Team will prepare the contract Technical Provisions for the project based in general on Caltrans Standard Special Provisions (latest version) as a basis and modified for FHWA requirements, Caltrans Standard Specifications (latest version), and City construction contract standards.

Task 7.1 Deliverables: One (1) digital copy of Plans and Specifications; One (1) digital copy of Opinion of Probable Cost; One (1) digital copy of QC comments and comment responses of the submitted PS&E Package.

Task 7.2 90% Design - Plans, Specifications, and Estimate (PS&E) At the 90% level, a thorough review of the plans, work limits, details and specifications is performed for clarity, capacity, City standards, and constructability issues. When the review is complete, the designers will address all comments from the internal and City reviews of the PS&E package. After plan corrections, the designer will review the corrected details to ensure all comments have been addressed.

The Dokken Team will proceed with the preparation of the 90% submittal. Plan sheets included in the 60% submittal will receive additional annotation, descriptions, and notes identified per the City’s review and the independent check. The submittal will include written responses to all comments received on the prior submittal.

Task 7.2 Deliverables: One (1) digital copy of Plans and Specifications; One (1) digital copy of Opinion of Probable Cost; One (1) digital copy of QC comments and comment responses of the submitted PS&E Package.

Task 7.3 100% Design - Plans, Specifications, and Estimate (PS&E) At the 100% level, the QC focus will be to confirm prior review comments have been adequately addressed and review any new information added since the 90% submittal. A mark-up of the plans, special provisions and item list will be provided to the Project Manager.

Permit conditions/requirements (from environmental studies, temporary easements, construction permits, CDFW 1602, RWQCB 401 Certification, and/or USACE 404 NWP) will be incorporated into the plans and/or specifications.

After review comments are received from the 90% Bridge PS&E, The Dokken Team will revise the plans and coordinate the necessary changes to the specifications and estimate. Written responses to the City comments will be prepared and provided with the 100% submittal.

Task 7.3 Deliverables: One (1) digital copy and one (1) hard copy (24x36) of Plans; one (1) digital copy of specifications; one (1) digital set of 100% Bidding Documents; one (1) digital copy of Opinion of Probable Cost; One (1) digital copy of Design Calculations if applicable; One (1) digital copy of QC comments and comment responses of the submitted PS&E Package.

TASK 8 RIGHT OF WAY
It is anticipated that an easement and/or temporary construction easement (TCE) is needed at bridge BR# 56C-0266 to perform the necessary maintenance repairs. Right of Way work will be limited to this bridge to establish required easements.

Task 8.1 Right of Way Management and Coordination Services Dokken’s right of way manager will do the following for this project:
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• Coordinate solutions with the agency and/ legal representative to implement solutions for items that may affect title or cause a delay in escrow;
• Monitor progress of the appraisal process to meet project deadlines. • Supply any support information or set up meetings with the agency to review appraisal reports; • Obtain any acquisition documentation the agency may have and review the documentation for current adjustments to conform to industry standards.
• Prepare staff reports for approval of just compensation; • Provide executed acquisition documentation from each affected property owner and work with the agency to obtain internal signatures and payments;
• Provide possession documentation in lieu of purchase contracts; • Attend agency meetings to discuss right of way specific concerns that may arise during the any phase of the project including but not limited to close session meetings and participating agency meetings, if required; A Permit to Enter (PTE) will be acquired as necessary to enable survey teams access to adjacent properties. This is anticipated to be needed at bridge BR# 56C-0266 where boundary surveys, and environmental surveys will take place. This assumes that all application filing fees will be submitted by the City.

Task 8.1 Deliverables: One (1) Permit to Enter
Task 8.2 Right of Way Tracking Table
Dokken’s Right of Way Manager will maintain the project tracking table and ensure that it is sent to the Client on the regularly requested schedule. As a component of effective project management and to keep the project on schedule and the Client current with acquisition data, a project tracking table will be created. This table will outline milestones and supply completion dates, comments, and any additional information the Client may request.

Task 8.2 Deliverables: Project Tracking Table
Task 8.3 Obtain Title Reports and Title Research
Dokken will obtain a title report for one affected properties (APN 604-640-005). Agents may resolve or oversee resolution of problems relating to unusual circumstances regarding title or ownership and uncover any flaws, noting any exceptions pertaining to property such as mortgage liens, restrictions, easements, and rights of way.

Task 8.3 Deliverables: One (1) Preliminary Title Report, Title Research Task 8.4 Property Owner Exhibit
Dokken will prepare one (1) Property Owner Exhibit for the proposed acquisition to be used by the Appraiser during the appraisal process and the Right of Way Team when negotiating with the landowner. The Property Owner Exhibit will include the APN, address, owners name, existing access, provide the limits of the temporary acquisition areas, detail impacts to any improvements located within the project area, and specify any construction contract work that may be necessary.

Task 8.4 Deliverables: One (1) Property Owner Exhibit
Task 8.5 Appraisal Process
Dokken’s licensed General Real Estate Appraiser will complete one (1) appraisal report (APN 604-640-005). A notice of intent to appraise letter along with a acquisition policy brochure will be provided to the impacted property owner. The appraisal will be arranged so that the property owner may accompany the appraiser during the inspection of the property. This allows the property owner the opportunity to provide additional information to the appraiser.

The appraisal will be prepared by an appraiser licensed with the State of California and will comply with all laws applicable to the specific appraisal and the Uniform Standards of Professional Appraisal Practice 49 CFR 24.2(a)(3). The appraisal will include a summary and a complete analysis for the valuation conclusion. Documentation obtained during the inspection, such as pictures, will be included in the report. Title information pertaining to ownership, drawings, and information relative to the parcel will be reviewed by the appraiser.

Task 8.5 Deliverables: One (1) Appraisal Report
Task 8.6 Obtain Appraisal Review Report
Upon acceptance and approval of the property appraisal, a licensed General Real Estate Appraiser will complete three (3) independent appraisal review reports. The review includes inspecting sales to determine comparability, reviewing appraisal 127 Return to Agenda Link
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for conformance to Uniform Standards of Professional Appraisal Practice, reviewing “highest and best use” conclusions, examining valuation methods, analyzing exhibits, checking mathematical calculations, and preparing a narrative report that describes the review process and sets forth the reasoning behind the review. An appraisal review is recommended to ensure that the appraisal is based on sound appraisal theory, contains appropriate documentation to support the appraisers’ conclusions and complies with regulatory codes. A recommendation of just compensation is then made based on the reviewed, collected, assembled, correlated, and analyzed data.

Task 8.6 Deliverables: One (1) Appraisal Review Report
Task 8.7 Summary Statement
Dokken will complete a Summary Statement Relating to the Purchase of Real Property or an Interest Therein (Caltrans Exhibit 8-EX-16) for the property. This document will be delivered to the property owner with the offer package during the initial meeting.

Task 8.7 Deliverables: Summary Statement Relating to the Purchase of Real Property or an Interest Therein (Caltrans Exhibit 8-EX-16)
Task 8.8 Negotiate for Right of Way
This project requires the acquisition of a temporary construction easement from one (1) parcel (APN 604-640-005).

Depending on property lines and work limits, permanent easements may be required on the same parcel. All “Good Faith Negotiations” will be completed by Dokken’s Right of Way Team. After completion of the appraisal process and just compensation determination, Dokken will prepare the offer package and meet with all owners in person to present and explain the offer package details. The offer package will include the offer letter, written summary of just compensation with supporting appraisal information, property owner exhibit showing property map with right of way take locations, Title VI information, and “Your Property – Your Transportation Project” booklet. Dokken will negotiate with the property owner to arrive at a mutually agreeable settlement and prepare necessary purchase agreements such as Grant Deeds, Easement Deeds, and Temporary Construction Easement Deeds. Dokken will obtain receipt of delivery of offer and/or present and secure tenant information statements, as applicable, during the initial meeting.

Dokken will work closely with the Client to aid in the recommendation of the appropriate course of action regarding the various acquisitions with property owners requesting additional compensation and/or services beyond the initial offer package. Recommended settlement packages with justifications and impasse letters will be provided to the Client for review.

Working with the property owners to agreeable terms will be Dokken’s focus.

Additionally, Dokken will attend, at the request of the Client, a single Public Community Meeting regarding the project.

Dokken’s Right of Way Agents hold California Real Estate Salesperson’s Licenses and are working under the direct supervision of a California Real Estate Licensed Broker.

Task 8.8 Deliverables: Right of Way Agreements, Grant and Easements Deeds, Administrative Settlements, Diaries, Written Summary of Acquisitions, Impasse Letters
Task 8.9 Escrow Coordination
Upon reaching an agreement on the terms and conditions of the acquisition with the property owner, Dokken will be available to assist the Client in opening escrow. Dokken will supply fully executed agreements along with other supporting information to escrow in order to close each transaction. Dokken will work closely with the Client to assist in the timely closing of all transactions. For the convenience of the property owner, all agents on our right of way team have a California Notary who will be available to notarize any documentation that is required. Fully executed deeds and easements will be delivered to the Client for acceptance prior to recording. In the event escrow services are not required, Dokken is available to perform these services and record the required documentation.

Task 8.9 Deliverables: Escrow Documents and Closing Statements Task 8.10 Right of Way Certification Coordination
Dokken will coordinate with the Client and supply all required documentation for the right of way certification. Dokken will review all acquisition documents for proper and complete execution, including formal acceptance.

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Task 8.11 File Close-Out
An original acquisition file for the affected parcel will be provided to the Client upon completion of the project. The acquisition file will contain property information, diary report, written correspondence, just compensation documentation, appraisal(s), offer package, negotiations, title documentation, copies of recorded documents, and all applicable documentation.

Task 8.11 Deliverables: Original Acquisition File
TASK 9 PERMITTING
TASK 9.1 1602 Streambed Alteration Agreement
The proposed bank protection at the north abutment of the Washington Street bridge over the Whitewater River will permanently impact a water of the State. Dokken will coordinate with the CDFW to obtain a Section 1602 Streambed Alteration Agreement. Dokken will delineate boundaries of CDFW jurisdiction, assess project impacts, prepare a Notification of Streambed Alteration, and obtain a Streambed Alteration Agreements with CDFW. The Notification is submitted electronically through CDFW’s internet web portal called Environment Permit Information Management System (EPIMS). The Draft 1602 Agreement with draft permit conditions will be reviewed by Dokken Engineering and any concerns will be discussed with the City and CDFW prior to finalizing the 1602 Agreement. This assumes that all application filing fees will be submitted by the City.

Task 9.1 Deliverables: 1602 SAA Permit
TASK 9.2 401 Water Quality Certification
The Project would impact jurisdictional waters of the U.S.; therefore, a Section 401 Water Quality Certification will need to be obtained. Dokken will submit an application and work with the Colorado River Basin RWQCB to obtain a Section 401 CWA Water Quality Certification. This permit will also ensure compliance with the Porter Cologne Act and State water quality standards. The Draft 401 Certification with draft permit conditions will be reviewed by Dokken Engineering and any concerns will be discussed with the City and RWQCB prior to finalizing the 401 Certification. This assumes that all application filing fees will be submitted by the City.

Task 9.2 Deliverables: 401 WQC Permit
TASK 9.3 404 Nationwide Permit
Activities that place fill in waters of the U.S. are under the regulatory authority of the USACE. The proposed project qualifies for the USACE Section 404 CWA NWP 13 (Bank Stabilization) or NWP 14 (Linear Transportation Projects). Under the NWP program, no individual crossing (or multiple crossings of a single watercourse) may exceed 0.5 acres of permanent impact.

Dokken will submit an application and work with the USACE to obtain a Section 404 NWP. The Draft 404 NWP with permit conditions will be reviewed by Dokken Engineering and any concerns will be discussed with the City and USACE prior to finalizing the 404 NWP.

Task 9.3 Deliverables: 404 NWP Permit
TASK 9.4 Coachella Valley Water District (CVWD) Encroachment Permit Bridge BR# 56C-0266 will require an Encroachment Permit with the Coachella Valley Water District (CVWD) as work is being performed within the channel. Dokken will provide slope protection plans (per Task 7) and coordinate with CVWD to ensure plans meet their guidelines. The Encroachment permit will ensure work being performed within the channel conforms to CVWD requirements. Dokken will prepare and submit the encroachment permit application. This assumes that all application filing fees will be submitted by the City.

Task 9.4 Deliverables: One (1) CVWD Encroachment Permits TASK 10 CONSTRUCTION SUPPORT (PHASE II) (TIME AND MATERIALS) Task 10.1 Bid Advertisement
Bidding procedures will be the responsibility of the City. While the PS&E construction package is advertising for bids, all questions concerning the intent shall be referred to the City for resolution. In the event that any item requiring interpretation in the drawings or specifications is discovered during the bidding period, said items shall be analyzed by Dokken for decision by the City. Dokken shall provide support to the City during the Bidding phase by assisting with questions, requests for information/clarification, or conflicts arising out of the bidding process. Dokken shall attend pre-bid meeting, if scheduled.

Task 10.1 Deliverables: Response to bidder questions
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Task 10.2 Construction Administration
Dokken shall provide support to the City during the Construction Administration phase by assisting with questions, requests for information/clarification, and/or reviewing submittals. Consultant shall review and approve all submittals and shop plan drawings required to support the construction contract. Dokken shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. Dokken shall be available as requested by the City to resolve discrepancies in the contract documents. Dokken shall bring to the attention of the City any defects or deficiencies in the work by the construction contractor which Dokken may observe. Dokken shall have no authority to issue instruction on behalf of the City, or to deputize another to do so.

Task 10.2 Deliverables: Responses to RFIs
Task 10.3 Record Drawings/As-Builts
Upon construction completion, the City will submit field-marked prints to Dokken. Dokken shall incorporate all changes to the plans electronically with all necessary revision notations, signature, and submit to the City.

Task 10.3 Deliverables: Record Drawings (As-builts)
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Exhibit B

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La Quinta City CouncilJanuary 20, 2026

La Quinta City Council
January 20, 2026