AGENDA ITEM #9.7
Authorize the City Manager to execute an Amendment to the Consulting and... Page 125 of 324 /0 /1 /i255 /3 /4 /5 /6 /7 /8 /9 /1 /10 /i255 /11 /5 /i255 /12 /13 /14 /4 /8 /i255 /4 /12 /i255 /4 /8 /i255 /13 /15 /13 /11 /5 /6 /7 /i255 /1 /11 /7 /16 /1 /8 /i255 /17 /13 /8 /7 /18 /i255 /0 /18 /i255 /8 /1 /13 /6 /4 /5 /i255 /4 /12 /i255 /7 /16 /1 /i255 /1 /19 /7 /1 /5 /7 /i255 /7 /4 /i255 /20 /16 /11 /3 /16 /i255 /1 /11 /7 /16 /1 /8 /i255 /17 /13 /8 /7 /18 /i255 /4 /8 /i255 /11 /7 /6 /i255 /3 /4 /9 /5 /6 /1 /21 /i255 /17 /13 /8 /7 /11 /3 /11 /17 /13 /7 /1 /10 /i255 /11 /5 /i255 /7 /16 /1 /i255 /10 /8 /13 /12 /7 /11 /5 /15 /i255 /4 /12 /i255 /7 /16 /11 /6 /i255 /22 /15 /8 /1 /1/23/1/5 /7 /24 /i255 /i255 /i255 /i255 /i255 /25 /26 /27 /i255 /i255/i255 /i255 /i255 /29 /30 /31 /32 /33 /34 /35 /24 /i255 /22 /21 /21 /i255 /5 /4 /7 /11 /3 /1 /6 /36 /i255 /8 /1 /37 /9 /1 /6 /7 /6 /36 /i255 /3 /21 /13 /11/23/6/36 /i255 /10 /1/23/13/5 /10 /6 /i255 /13 /5 /10 /i255 /4 /7 /16 /1 /8 /i255 /3 /4/23/23/9/5 /11 /3 /13 /7 /11 /4 /5 /6 /i255 /16 /1 /8 /1/9 /5 /10 /1 /8 /i255 /6 /16 /13 /21 /21 /i255 /0 /1/i255 /11 /5 /i255 /20 /8 /11 /7 /11 /5 /15 /i255 /13 /5 /10 /i255 /6 /16 /13 /21 /21 /i255 /0 /1 /i255 /10 /1 /1/23/1/10 /i255 /15 /11 /14 /1 /5 /i255 /11 /12 /i255 /10 /1 /21 /11 /14 /1 /8 /1 /10 /i255 /17 /1 /8 /6 /4 /5 /13 /21 /21 /18 /i255 /4 /8 /i255 /6 /1 /5 /7 /i255 /0 /18 /i255 /4 /14 /1 /8 /5 /11 /15 /16 /7 /i255 /3/4 /9 /8 /11 /1 /8 /i255 /38 /17 /8 /4 /14 /11 /10/11 /5 /15 /i255 /17 /8 /4 /4 /12 /i255 /4 /12 /i255 /10 /1 /21 /11 /14 /1 /8 /18 /39 /i255 /7 /4 /i255 /7 /16 /1 /i255 /17 /13 /8 /7 /11 /1 /6 /i255 /13 /7 /i255 /7 /16 /1 /i255 /12 /4 /21 /21 /4 /20 /11 /5 /15 /i255 /13 /10 /10 /8 /1 /6 /6 /1 /6 /i255 /38 /4 /8 /i255 /13 /7 /i255 /6 /9 /3 /16 /i255 /4 /7 /16 /1 /8 /i255 /13/10 /10 /8 /1 /6 /6 /i255 /12 /4 /8 /i255 /13 /i255 /17 /13/8 /7 /18 /i255 /13 /6 /i255 /6 /16 /13 /21 /21 /i255 /0 /1 /i255 /6 /17 /1 /3 /11 /12 /11 /1 /10 /i255 /0 /18 /i255 /21 /11 /40 /1 /i255 /5 /4 /7 /11 /3 /1 /39 /41 /42 /4 /i255 /43 /4 /5/6 /9 /21 /7 /13 /5 /7 /i255 /13 /7 /41 /38 /13 /39/44/11/3 /16 /13 /1 /21 /i255 /22 /24 /i255 /45 /1 /21 /21 /46 /8 /11 /5 /3 /11 /17 /13 /21
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AGENDA ITEM #9.7
Authorize the City Manager to execute an Amendment to the Consulting and... Page 126 of 324 /i255 /i255 /i255 /i255 /i255 /1 /2 /3 /i255 /i255 /i255 /i255 /i255 /5 /6 /7 /8 /9 /10 /11 /12 /13 /i255 /14 /15 /16 /i255 /17 /18 /19 /20 /21 /22 /23 /24 /i255 /21 /23 /i255 /20 /15 /21 /24 /i255 /25 /26 /27 /16 /16/28/16/23 /20 /i255 /18 /27 /16 /i255 /29 /22 /27 /i255 /17 /22 /23 /30 /16 /23 /21 /16 /23 /17 /16 /i255 /22 /23 /31 /32 /i255 /18 /23 /33 /i255 /24 /15 /18 /31 /31 /i255 /23 /22 /20 /i255 /34 /16 /i255 /17 /22 /23 /24 /20 /27 /35 /16 /33 /i255 /20 /22 /i255 /18 /29 /29 /16 /17 /20 /i255 /20 /15 /16 /i255/28/16/18 /23 /21 /23 /26 /i255 /22 /29 /i255 /18 /23 /32 /i255 /19 /27 /22 /30 /21 /24 /21 /22 /23 /24 /i255 /15 /16 /27 /16 /21 /23 /13 /i255 /i255 /i255 /i255 /i255 /1 /36 /3 /i255 /i255/i255 /i255 /i255/37/11/10 /38 /9 /11 /39 /i255 /6 /11 /40 /i255 /41 /10 /42 /43 /11 /8 /6 /44 /45 /i255 /46 /47 /48 /49 /43 /8 /9 /10 /11 /13 /i255 /50 /22 /23 /24 /35 /31 /20 /18 /23 /20 /i255 /18 /17 /51 /23 /22 /52 /31 /16 /33 /26 /16 /24 /i255 /20 /15 /18 /20 /i255 /15 /16 /i255 /15 /18 /24 /i255 /27 /16 /18/33 /i255 /18 /23 /33 /i255 /29 /35 /31 /31 /32 /i255 /35 /23/33 /16 /27 /24 /20 /18 /23 /33 /24 /i255 /20 /15 /16 /i255 /20 /16 /27/28/24/i255 /22 /29 /i255 /20 /15 /21 /24 /i255 /25 /26 /27 /16 /16/28/16/23 /20 /i255 /18 /23 /33 /i255 /20 /15 /18 /20 /i255 /15 /16 /i255 /21 /24 /i255 /24 /21 /26 /23 /21 /23 /26 /i255 /21 /20 /i255 /51 /23 /22 /52 /21 /23 /26 /31 /32 /i255 /18 /23 /33 /i255 /30 /22 /31 /35 /23/20 /18 /27 /21 /31 /32 /13 /i255 /i255 /i255 /i255 /i255 /53 /54 /i255 /55/53 /56 /54 /46 /57 /57 /i255 /55/58 /46 /59 /46/60/61/62 /i255 /20 /15 /16 /i255 /50 /21 /20 /32 /i255 /15 /18 /24 /i255 /17 /18 /35 /24 /16 /33 /i255 /20 /15 /21 /24 /i255 /25 /26 /27 /16 /16/28/16/23 /20 /i255 /20 /22 /i255 /34 /16 /i255 /16 /63 /16 /17 /35 /20 /16 /33 /i255 /34 /32 /i255 /21 /20/24 /i255 /33 /35 /31 /32 /i255 /18 /35 /20 /15 /22 /27 /21/64 /16 /33 /i255 /27 /16 /19 /27 /16 /24 /16 /23 /20 /18 /20 /21 /30 /16 /62 /i255 /18 /23 /33 /i255 /50 /22 /23 /24 /35 /31 /20 /18 /23 /20 /i255 /15 /18 /24 /i255 /16 /63 /16 /17 /35 /20 /16 /33 /i255 /20 /15 /21 /24 /i255 /25 /26 /27 /16 /16/28/16/23 /20 /62 /i255 /18 /31 /31 /i255 /18 /24 /i255 /22 /29 /i255 /20 /15 /16 /i255 /33 /18 /32 /i255 /18 /23/33 /i255 /32 /16 /18 /27 /i255 /29 /21 /27 /24 /20 /i255 /18 /34/22 /30 /16 /i255 /52 /27 /21 /20 /20 /16 /23 /13 /50 /65 /14 /66 /i255 /67/68 /i255 /65 /69 /70 /65/67/71 /72 /73 /73 /i255 /71 /74 /75 /69 /72 /14 /14 /i255/76/i255/25 /77 /77 /67 /50 /65 /25/14 /72 /77 /71 /66 /78 /71 /66 /78
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AGENDA ITEM #9.7
Authorize the City Manager to execute an Amendment to the Consulting and... Page 127 of 324
AGENDA ITEM #9.7
Authorize the City Manager to execute an Amendment to the Consulting and... Page 128 of 324 /0/1/2/3/4/3/5/i255/7
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AGENDA ITEM #9.7
Authorize the City Manager to execute an Amendment to the Consulting and... Page 129 of 324 /0/1/2/3/4/3/5/2/4/6/i255/8/9/10/2/11/12/13
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AGENDA ITEM #9.7
Authorize the City Manager to execute an Amendment to the Consulting and... Page 130 of 324 /0/1/2/3/4/3/5/i255/4
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AGENDA ITEM #9.7
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AMENDMENT TO
CONSULTING AND SERVICE AGREEMENT
The Consulting and Services Agreement (“Agreement”) fully executed as June 6, 2022, by and between the City of Indio (the “City”), Indio California and Bell Burnett & Associates (“Consultant”), Plymouth, California is hereby amended as follows:
The compensation set forth in Section 3 of Exhibit A – Compensation, will include a Milestone Payment equal to a maximum fee of $300,000 payable at the time of any project financing, or such lower fee if mutually agreed upon by Consultant and City Manager as deemed to be fair and reasonable should a financing not occur for any reason.
All other terms and conditions of the Consulting and Services Agreement shall remain the same and in full force and effect.
IN WITNESS WHEREOF, the City has caused this Amendment to the Consulting and Services Agreement to be executed by its duly authorized representative, and Consultant has executed this Agreement, all as of the day and year written herein.
CITY of INDIO BELL BURNETT & ASSOCIATES
By: By:
Bryan H. Montgomery R. Alexander Burnett
City Manager Principal
Date: Date:
ATTEST:
By:
Sabdi Sanchez, City Clerk Administrator
AGENDA ITEM #9.7
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City Council
March 1, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Ian Cozens, Director of Information Technology Subject: Professional Services Agreement with AVIR, Inc for the Procurement and Installation of Audio -Visual Equipment for the Training Room in the New Public Safety Campus in the amount of $101,484
RECOMMENDATION:
Approve the professional services agreement wi th AVIR, Inc. for the purchase and installation of audio-visual equipment in the amount of $101,484 related to the training room in the Public Safety Services Building
SUMMARY:
As part of the Public Safety Services building in the new Public Safety Campus the City will be installing a new training room. The training room has been designed to be used as either two separate training rooms, divided by a partition, or a single room f or larger trainings. As such the audio -visual design for the training room had to reflect the ability for the room to be used as a single room or multiple rooms at the same time. A cross -departmental team conducted multiple meetings with the vendors to go over the requirements and design of the training room. After receiving the final quotes and designs staff meet with the vendors and selected AVIR, Inc was as the winning proposal.
BACKGROUND INFORMATION:
In April of 2022, the City Council awarded the construction contract for the new Public Safety Campus to Tilden-Coil. In June of 2022, the City of Indio broke ground on the new Public Safety Campus with an expected completion in the spring of 2024. As staff worked with the vendors for the Dispatch Center, they included the training room as a separate quote and scope of work. In January of 2023, staff met with the proposing vendors to review their final designs, scope of work, and quotes. When the meetings were completed, staff selected AVIR, Inc. as the winning proposal for the training room.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$101,484 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
0 Strategic Objective: Public Safety
Source of funds: 2022 Bond Funds Fund-Org-Object
Reference:
331-553005
AGENDA ITEM #9.8
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ATTACHMENTS:
Attachment 1: AVIR_PSA_Final
APPROVAL(S):
Ian Cozens, Director of Information Technology Approved - 21 Feb 2023 Steven Graham, City Attorney Approved - 21 Feb 2023
Rob Rockwell, Asst. City Manager & Dir. Of Finance Pending Hector Orozco, Senior Accountant Pending
Hernan Vargas, Accountant Pending
Samantha Lopez, Finance Manager Pending
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PROPOSAL
Safety Services Building
Indio Police Dispatch Center
Presented By:
AVIR, Inc.
Revision:
23/02/10
7 www.avir.com
41905 Boardwalk
Suite X
Palm Desert, CA 92211 US
760 779 0881
www.avir.com
Modified:
AGENDA ITEM #9.8
Professional Services Agreement with AVIR, Inc for the Procurement and I... Page 153 of 324 AVIR will install duplicate training and conferencing systems in the Indio Public Safety Services Building multipurpose rooms 125 and 126. Both systems will feature 86” touch capacitive whiteboards. Sources for both systems will include owner furnished computers, New Apple TV’s and Crestron Air Media players. All components connected to the displays will be installed in a new rack. Control for the displays will be through a long-raange wireless keyboard and mouse combination. Control of the system will be through separate RTI remote controls and the RTI Panel app on a dedicated iPad.
AVIR will wire for the display connection to the rack and the in-ceiling microphones and ceiling mounted speakers. All other wiring to be provide by the contractor. Network connection and the required switch will be provided by ownership.
Multi-Purpose Room 1
AV System
$3,999.99InFocus INF8640e
86" Class 4K UHD Commercial Touchscreen LED Display
1 $799.00CHIEF PDRUB
Flat Panel Swing Arm Wall Mount - 37'' Extension
1 $258.99WattBox WB-250-IPW-2
WiFi Power Controller w/ OvrC | Compoact | 2 Outlets
1 $176.20Strong SM-RBX-PRO-14-BLK
VersaBoxPro | Recessed Flat Panel Solution - 14 Inch x 14 Inch 1 AV System Total $5,234.18
Conference System
$4,732.00Shure MXA920
Ceiling Array Microphone
1 $2,590.00Shure P300-IMX
IntelliMix audio conferencing processor
1 $899.00Huddly IQ
AI-powered, wide-angle Huddly IQ camera
1 $558.85Binary B-350-USB2-CATX
USB 2.0 Cat 5e/6 Extender Balun Kit - 330 ft
1 Rev. 7
Safety Services Building
Project No : AVIR-5903 23/02/10
* Price Includes Accessories
AGENDA ITEM #9.8
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Long Range 2.4 GHz Wiresless Mouse / Keyboard
1 Owner Furnished Equipment NUC
Owner-Furnished Desktop Computer
1 Conference System Total $8,859.84
Control System
$899.00RTI T2x *
Premium 2.8" color touchscreen system controller
1 Control System Total $899.00
Distributed Audio System
$1,016.00Crestron Electronics SAROS IC6T-W-T-EACH
Saros 6.5 2-Way In-Ceiling Speaker, White Textured, Single (must be ordered in multiples of 2)
4 Distributed Audio System Total $1,016.00
Distributed Video System
$1,276.25Crestron Electronics AM-3200-WF *
AirMedia Series 3 Receiver 200 with Wi-Fi Connectivity
1 $237.20Apple APPLE TV WIFI-ETHERNET *
4K Apple TV WiFi/Ethernet - 128GB
1 Owner Furnished Equipment Cable Box1
Distributed Video System Total $1,513.45
$17,522.47Multi-Purpose Room 1 Total
Rev. 7
Safety Services Building
Project No : AVIR-5903 23/02/10
* Price Includes Accessories
AGENDA ITEM #9.8
Professional Services Agreement with AVIR, Inc for the Procurement and I... Page 155 of 324 AVIR will install an 86" touch screen interactive display on a swing-arm mount. Sources will be Apple TV and owner-furnished cable receiver and an owner-furnished computer.
A wide-angle AI powered camera will be installed for video conference calls through a Shure Conference System that will be connected to the owner-furnished computer and touch screen display. (2) pairs of Crestron Saros in-ceiling speakers will be installed.
Control of this system will be through a handheld remote.
Multi-Purpose Room 2
AV System
$3,999.99InFocus INF8640e
86" Class 4K UHD Commercial Touchscreen LED Display
1 $799.00CHIEF PDRUB
Flat Panel Swing Arm Wall Mount - 37'' Extension
1 $258.99WattBox WB-250-IPW-2
WiFi Power Controller w/ OvrC | Compoact | 2 Outlets
1 $176.20Strong SM-RBX-PRO-14-BLK
VersaBoxPro | Recessed Flat Panel Solution - 14 Inch x 14 Inch 1 AV System Total $5,234.18
Conference System
$4,732.00Shure MXA920
Ceiling Array Microphone
1 $2,590.00Shure P300-IMX
IntelliMix audio conferencing processor
1 $899.00Huddly IQ
AI-powered, wide-angle Huddly IQ camera
1 $558.85Binary B-350-USB2-CATX
USB 2.0 Cat 5e/6 Extender Balun Kit - 330 ft
1 $79.99IOGEAR GKM552R
Long Range 2.4 GHz Wiresless Mouse / Keyboard
1 Owner Furnished Equipment NUC
Owner-Furnished Desktop Computer
1 Rev. 7
Safety Services Building
Project No : AVIR-5903 23/02/10
* Price Includes Accessories
AGENDA ITEM #9.8
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Control System
$899.00RTI T2x *
Premium 2.8" color touchscreen system controller
1 Control System Total $899.00
Distributed Audio System
$1,016.00Crestron Electronics SAROS IC6T-W-T-EACH
Saros 6.5 2-Way In-Ceiling Speaker, White Textured, Single (must be ordered in multiples of 2)
4 Distributed Audio System Total $1,016.00
Distributed Video System
$1,276.25Crestron Electronics AM-3200-WF *
AirMedia Series 3 Receiver 200 with Wi-Fi Connectivity
1 $237.20Apple APPLE TV WIFI-ETHERNET *
4K Apple TV WiFi/Ethernet - 128GB
1 Owner Furnished Equipment Cable Box1
Distributed Video System Total $1,513.45
$17,522.47Multi-Purpose Room 2 Total
Rev. 7
Safety Services Building
Project No : AVIR-5903 23/02/10
* Price Includes Accessories
AGENDA ITEM #9.8
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Control System
$2,197.00RTI XP-8v *
Control Processor
1 $435.00iPort LUXE BASESTATION - BLACK
Base station for iPad - Black
1 $429.00Apple IPAD 10.2-INCH 128GB WIFI [SPACE GRAY]
9.7 Inch iPad with Wi-Fi - 128GB - Space Gray
1 $325.00iPort LUXE CASE - BLACK
Case for iPad 10.2-inch (8th gen) | iPad 10.2-inch (7th gen) - Black 1 Control System Total $3,386.00
Distributed Audio System
$2,657.20BSS BLU-100 *
12x8 Signal Processor with BLU Link
1 $2,599.00Crown CDi 4|300BL
4-Channel, 300W at 4 Ohm Power Amplifier, 70V, Blu-Link 1 Distributed Audio System Total $5,256.20
Distributed Video System
$4,948.90AVProEdge AC-CX84-AUHD
8 input, 4 output HDMI Classroom/Conference Room Matrix switcher featuring Quick Switch
1 $1,294.88AVProEdge AC-EX70-444-RNE
4K60 4:4:4 HDBT Matrix Receiver
2 $229.90Tributaries 4A-020B
Series 4 Stereo RCA Audio Cable - 2m
2 $137.54Tributaries UHD48-020B
48G HDMI Cable - 2m
2 Rev. 7
Safety Services Building
Project No : AVIR-5903 23/02/10
* Price Includes Accessories
AGENDA ITEM #9.8
Professional Services Agreement with AVIR, Inc for the Procurement and I... Page 158 of 324 $56.58AVIR 3.5-DB9 Serial Cable
3.5mm to DB9 Serial Cable
2 Distributed Video System Total $6,667.80
Equipment Racks
$3,799.98Middle Atlantic RCS 35 Space Equipment Rack
This rack package includes all necessary accessories for housing of head end equipment.
Blank and vented panels, shelves, drawer, fan controller, 1/2 space shelf, and cable management.
1 Equipment Racks Total $3,799.98
Network System
Owner Furnished Equipment Network Switch1
Network System Total $0.00
Power Management
$1,355.07WattBox WB-OVRC-UPS-1500-1
UPS Battery Pack for IP Power Conditioners | 1500 VA
1 $958.97WattBox WB-800-IPVM-12 *
IP Power Conditioner | 12 Controlled Outlets
1 $36.40Wirepath WP-PC-CAT6-10FT-BLK
Cat 6 Ethernet Patch Cable - 10 ft | Black
2 $6.99Wirepath WP-PC-CAT6-7FT-BLK
Cat 6 Ethernet Patch Cable - 7 ft | Black
1 Power Management Total $2,357.43
Structured Wiring
$2,306.60ICE Cable Systems Cat 6/P/Shielded/Blue
23awg, 4 Pr, Solid, 550mhz (w/spine), Shielded, Plenum Rated 2000
$618.10ICE Cable Systems Primal 16/4
16AWG, 4 Conductor, Speaker Cable
1000
Rev. 7
Safety Services Building
Project No : AVIR-5903 23/02/10
* Price Includes Accessories
AGENDA ITEM #9.8
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$24,392.11Head End Total
Project Subtotal: $59,437.05
Rev. 7
Safety Services Building
Project No : AVIR-5903 23/02/10
* Price Includes Accessories
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PROJECT SUMMARY
$59,437.05Equipment:
Miscellaneous Parts: $3,566.21
$33,613.89Labor:
Sales Tax: $4,866.49
Grand Total: $101,483.64
Date
Date
AVIR, Inc.
Client:
Contractor:
659261
Rev. 7
Safety Services Building
Project No : AVIR-5903 23/02/10
AGENDA ITEM #9.8
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Indio Police Dispatch Center
PURCHASE ORDER AGREEMENT
Revision:
23/02/10
7 Modified:
Presented By:
AVIR, Inc.
41905 Boardwalk
Suite X
Palm Desert, CA 92211 US
760 779 0881
www.avir.com
A. AGREED UPON WORK
AVIR, Inc. (“AVIR”) will provide the equipment, equipment installation, and programming as described in the Scope of Work and Equipment List attached hereto and incorporated into this Agreement by this reference as though set forth in full. Work not mentioned herein is subject to written Change Order. Unless otherwise specified, installation does not include trench digging, core drilling, routing and installation of conduit, framing, drywall repair, patching, painting, high-voltage work including wiring, carpet work, cabinet construction or cabinet modification.
B. DIMENSIONS
Due to the fact that equipment manufacturers’ dimensions/specifications are often approximate, and may change without notice, AVIR cannot be held responsible in any way for equipment or cabinet dimensions.
C. RECEPTION, CLIENT SUPPLIED EQUIPMENT AND EQUIPMENT/WIRING BY OTHERS If AVIR has not been retained to provide low voltage structured wiring, then AVIR cannot be held responsible for location, termination, and/or distribution of same. Although AVIR will use our professional expertise to maximize the conditions that exist, we cannot guarantee the quality of cable signal, AM/FM reception, or satellite reception. AVIR cannot be held responsible for client supplied equipment or equipment/wiring done by others including, without limitation, the control or operation of same.
D. EQUIPMENT CHANGES
AVIR reserves the right to replace proposed models in the case of obsolescence, discontinuation or unavailability with a comparable model of equal or greater value upon customer approval. Equipment prices are subject to change from manufacturer. AVIR will not be held responsible in any way for said products’ obsolescence, discontinuation or unavailability.
E. CHANGE ORDERS
Changes to this Purchase Order will require a Change Order signed by both parties, and prices will be revised in accordance with these changes. Change Orders may also be subject to additional labor, materials, programming and design charges.
Fees will be added to all Change Orders for applicable design, engineering, installation labor and programming time.
F. TIME
If AVIR is delayed by any of the following: owner delay, general contractor delay, subcontractor delay, fire, acts of God or other causes beyond AVIR’s control, which disrupts a scheduled installation trip, then AVIR will invoice the client actual lost time, travel expenses, and equipment storage fees.
Rev. 7
Safety Services Building
Project No : AVIR-5903 23/02/10
AGENDA ITEM #9.8
Professional Services Agreement with AVIR, Inc for the Procurement and I... Page 162 of 324 G.PROGRESS PAYMENTS
Progress Payments will be made according to the Payment Schedule below. Payment is due immediately upon invoicing.
Equipment will not be ordered until the equipment deposit has been submitted. These times are subject to the timing of the construction and the lead times required for the ordered equipment to be delivered. No work will be scheduled without the appropriate Progress Payment and an original signed copy of this Agreement. All drawings and specifications contingent on agreement and retainer.
H. RETROFIT/REMODEL
If job is of a retrofit/remodel nature on an existing structure, and scope of work exceeds time estimated to complete because of unforeseen circumstances, owner agrees that he/she will be back-charged at a rate of $125 per man, per hour for all extra labor involved in completing the job. AVIR will make every effort to inform the owner of any complications in a timely manner which may cause labor to exceed estimate.
I. INSURANCE
AVIR shall purchase and maintain such insurance necessary to protect from claims under workers compensation and from any damage to the owner’s property resulting from conduct of this purchase order.
J. WARRANTY
Warranty on all equipment is the manufacturer’s warranty and no other warranty is consented or implied. AVIR warranties its installation and programming work for a period of five years to commence upon completion of installation. Ownership of equipment shall transfer to client upon delivery of goods. This warranty does not transfer with a change in ownership. AVIR will help the owner get their manufacturer-warrantied equipment serviced throughout the life of said warranty. Customer is responsible for any shipping charges.
K. PLASMA/LCD DISPLAY/CONTROL TOUCH PANEL PIXELS/DLP BULBS Plasma displays, LCD displays, and control touch panels are susceptible to a small percentage of flickering of unlit pixels at shipping or after use. This condition is inherent to the technology and is not considered to be defective. DLP technology based projection systems contain a projection bulb which is covered by manufacturer warranty of typically 6 months from date of installation, but vary by manufacturer. A DLP bulb is known as an expendable maintenance item and requires replacement approximately every 1000+ hours of use depending on the projector’s design and performance level. The client is responsible for all bulb replacements related to regular use of the product.
L. VIDEO DISPLAY “BURN-IN”
CRT (Rear Projection and Front Projection televisions), plasma screens and other monitors are susceptible to “burn-in”. This condition occurs when a static image is left on the screen, in the same area, for an extended amount of time. This results in a silhouette of the image permanently being “burned” into the screen. This can cause the screen to be undesirable to view for all future images. Our client is hereby made aware of this issue and AVIR recommends that no image be left static on display screens for extended periods. Our client is hereby responsible for avoiding said condition. Neither will AVIR nor the manufacturers of the product warranty a product with this condition.
M. NEW TECHNOLOGY
AVIR systems include some of the latest technology available. Similar to a personal computer, software based equipment, such as: hard drive music servers, TiVo, satellite systems, control systems, or other computers can from time to time require a reset/reboot. This is inherent to the technology and does not denote the product/system is defective; merely that the client must reset the item from time to time to resume full operation.
N. REFUNDS
At the signing of the Contract and Receipt of Deposit by the customer, AVIR will immediately appoint administrative, sales/design, engineering, and other company resources toward the completion of this Purchase Order, and incur costs and expenses on your behalf. This process requires significant design/engineering time, drawings, elevations, software, hardware, people, equipment, and numerous internal/external planning meetings to successfully implement your finished project. Much of this work will be completed prior to the final installation of your system. This work is scheduled and based upon us completing your project in full. Therefore, all deposits, monies and/or payments received are non-refundable.
O. EARLY TERMINATION FEE
Should the client request to terminate this Agreement prior to its completion for any reason, then liquidated damages amounting to 25% of the remaining payments due shall be payable to AVIR to exit this Agreement. This amount is due upon request to terminate this Agreement. All monies/payments received are non-refundable.
P. FINAL PAYMENT
Final payment is due immediately upon invoicing. Any unpaid balance due beyond ten days after invoicing shall bear interest payable to AVIR at the rate of 1.5% per month simple interest.
Rev. 7
Safety Services Building
Project No : AVIR-5903 23/02/10
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In any proceeding brought to enforce or otherwise implement any of the terms and conditions of this Agreement the prevailing party shall be entitled to an award of all attorney’s fees and costs incurred, in addition to any other relief to which that party may be entitled.
R. DISPUTE RESOLUTION
The Parties agree that if any action is brought to enforce or interpret this Agreement or to resolve any dispute or disagreement arising out of or concerning this Agreement, the Parties will seek resolution through mediation. The Parties hereby agree that any such dispute or disagreement arising out of this Agreement that cannot be resolved through mediation shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Any party may commence mediation or arbitration by sending a written demand for mediation or arbitration to the other parties. Such demand shall set forth the nature of the matter to be resolved by mediation or arbitration. Mediation and/or arbitration shall be conducted in the County of Riverside, State of California. The Parties shall share equally all initial costs of mediation and arbitration. The substantive law of the State of California shall be applied by the arbitrator to the resolution of the dispute. The prevailing party shall be entitled to reimbursement of attorney fees, costs, and expenses occurred in connection with the arbitration. All decisions of the arbitrator shall be final, binding, unappealable and conclusive on all Parties. Judgement may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof.
Payment Schedule Amount Due Date
Payment due upon acceptance $50,741.82
30 days prior to equipment installation $40,593.46
Balance upon completion of the installation $10,148.36
Date:
Date:
Client:
Contractor: AVIR, Inc.
659261
Rev. 7
Safety Services Building
Project No : AVIR-5903 23/02/10
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City Council
March 1, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Professional Services Agreement with Albert A. Webb Associates in the not- to-exceed amount of $806,625, for the preparation of Preliminary Engineering and Environmental Documents (Phase I) related to the Avenue 50 Widening and Avenue 52 Improvement Projects, (Project Nos. ST2004 and ST2204), and make a determination that the recommended action is not a “Project” pursuant to Section 15378(b)(5) (Administrative Activities) of the California Environmental Quality Act. Further, environmental review for the project is included in the scope of work of this consultant.
RECOMMENDATION:
Approve a Professional Services Agreement with Albert A. Webb Associates in the not -to-exceed amount of $806,625, for the preparation of Preliminary Engineering and Environmental Documents (Phase I) related to the Avenue 50 Widening and Avenue 52 Imp rovement Projects, (Project Nos.
ST2004 and ST2204), and make a determination that the recommended action is not a “Project” pursuant to Section 15378(b)(5) (Administrative Activities) of the California Environmental Quality Act.
Further, environmental review for the project is included in the scope of work of this consultant.
SUMMARY:
The Avenue 50 widening project from Jefferson Street to Jackson Street (Project No. ST2004) proposes to bring Avenue 50 to its ultimate condition, with two lanes in each direction, bicycle, and pedestrian facilities. The Avenue 52 Improvement Project from Madison Street to Monroe Street (Project No. ST2204) proposes to widen the north side of Avenue 52 to include bicycle and pedestrian facilities. Phase I of the project will include obtaining environmental clearance, identifying right-of-way conflicts, and developing a conceptual plan of the proposed improvements.
BACKGROUND INFORMATION:
Avenue 50 Widening Project, Project No. ST2004: Avenue 50 from Jefferson Street to Jackson Street consists of one or two travel lanes, in each direction with a painted med ian. Staff proposes to widen this corridor, to have two lanes in each direction, with sidewalks and bike lanes on each side. The corridor also has drainage issues that must be addressed with this project. Avenue 50 is also part of the CV Link Segment and w ill serve as a community connector through the Polo Grounds from Madison Street through the project limits. Avenue 50 from Jefferson Street to Madison Street is a shared jurisdictional boundary by the City of Indio and City of La Quinta.
On May 18, 2022, the City Council approved an agreement with the Coachella Valley Association of Governments (CVAG) to cover 75% of Phase I of the project, with the remaining 25% being the local AGENDA ITEM #9.9
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Avenue 52 Improvements Project, Project No. ST2204: The north side of Avenue 52, between Madison is Street, Monroe and Street missing proposed sidewalks. and gutter, curb, The improvements include widening Avenue 52 to accommodate bicycle and pedestrian infrastructure.
The project will be entirely funded by the City of Indio.
On June 22, 2022, staff solicited proposals from qualified consultants to develop the complete plans, specifications, and engineer’s estimate for both projects combined.
In August 2022, staff reviewed three (3) proposals from qualified consultants. Albert A. Webb Associates was selected as the most qualified firm based on the information presented in their proposal. Staff negotiated the final fee with Albert A. Webb Associates, and they presented a fair and reasonable cost to the City.
This professional services agreement is limited to Phase I of both projec ts combined. This includes developing the overall project to a level necessary to obtain environmental approval, provide geotechnical and drainage recommendations, and to complete surveying to determine utility and right- of-way needs.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$137,994 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$668,631 Strategic Objective:
Source of funds: Various Fund-Org-Object
Reference:
Various
Additional Financial Details:
The total Phase I cost for Albert A. Webb Associates is $806,625. For funding purposes, it is broken down into three segments.
Segment 1:
Avenue 50 from
Jefferson Street
to Madison Street
(ST2004)
$281,053 (CVAG, LQ, Indio)
Segment 2:
Avenue 50 from
Madison Street to
Botella Place
(ST2004)
$382,749 (CVAG, Indio)
Segment 3:
Avenue 52 from
Madison Street to
Monroe Street
(ST2204)
$142,823 (Indio only)
$806,625
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The cost breakdown for each agency is as follows:
Segment 1:
CVAG $210,789.75
City of La Quinta $ 35,131.63
City of Indio $ 35,131.62 (Measure A)
$281,053.00
Segment 2:
CVAG $287,061.75
City of Indio $ 95,687.25 (Measure A)
$382,749.00
Segment 3:
City of Indio $142,823.00 (Measure A)
The City of Indio’s total for all three (3) Segments is $273,641.87, of which $137,994 is expected to be expensed this fiscal year and is included in the Capital Improvement Project’s budget for Project Nos. ST2004 and ST2204. Future year costs will be incorporated into next year's Capital Improvement Plan.
ATTACHMENTS:
Attachment 1
Attachment 2
APPROVAL(S):
Timothy Wassil, Public Works Director Approved - 22 Feb 2023 Steven Graham, City Attorney Approved - 22 Feb 2023
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 23 Feb 2023 Bryan H. Montgomery, City Manager Approved - 23 Feb 2023
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ATTACHMENT 1
VICINITY MAP
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COUNCIL MEETING DATE
NWE
E N G I N E E R I N G S E R V I C E SLEGENDPROJECT LOCATIONCITY BORDERMARCH 1, 2023V I C I N I T Y M A P S
NOT TO SCALE
JEFFERSON STMADISON STAVENUE 50AVENUE 52
JACKSON ST
HWY 111HWY 111
NORTH SIDE
AVENUE 48MONROE ST
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ATTACHMENT 2
PROFESSIONAL SERVICES AGREEMENT
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PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF INDIO,
A CALIFORNIA MUNICIPAL CORPORATION
AND
ALBERT A. WEBB ASSOCIATES
A CALIFORNIA CORPORATION
Form Approved 09/01/2022
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PROFESSIONAL SERVICES AGREEMENT
FOR PROFESSIONAL ENGINEERING SERVICES
BETWEEN THE CITY OF INDIO AND ALBERT A. WEBB ASSOCIATES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 1st day of March 2023 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation and Albert A. Webb Associates , a California Corporation (“Consultant”). For the purposes of this Agreement, City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter referred collectively referred to as the “Parties.”
RECITALS
1. City has sought by issuance of request for proposals the performance of the Professional Engineering Services defined and described particularly in Section 2 , “Scope of Services and Schedule of Performance” of this Agreement.
2. Consultant was selected by the City to perform those services.
3. Consultant was selected by the City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
4. Pursuant to the Chapter 33 of the Indio Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.
5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services and S chedule of Performance” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is through March 1, 2026, commencing on Effective Date, unless otherwise extended by written agreement of the Parties.
(b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation and Method of Payment.”
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(c) Consultant acknowledges that t he Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by City Council.
SECTION 2. SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE (a) SCOPE OF SERVICES. Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and the City agrees to retain and does hereby retain Consultant for the Services.
(b) SCHEDULE OF PERFORMANCE. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce Section 21, “ Default” of this Agreement and may instead allow Consultant to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional servi ces are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Con sultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Eight Hundred Six Thousand, Six Hundred Twenty-Five Dollars ($806,625.00), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 24, “Notices” hereof. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority under Indio Municipal Code Section 33.116 (C)(2) without approval by the City Council.
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(b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the p receding month. The invoice shall detail charges by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the ori ginal invoice shall be returned by City to Co nsultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice.
(d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
(e) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
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If and to the extent that City utilizes for any purpose not related to this Agreemen t any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
(a) INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or subconsultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and subconsultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or inst ruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.
SECTION 7. CONSULTANT’S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to wor k, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed s o as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or
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records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 24,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this s ection may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City , as well as to its successors in interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, offici als, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, subconsultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
(c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Contractor may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE.
Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all t imes faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by person s engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general
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and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
(a) Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects.
To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
(b) It is the understanding of City and Consultant that Prevailing Wage Laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, inst allation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unau thorized aliens for the performance of the Services, and should the any liability or
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sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctio ns imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indi rectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest sha ll be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant 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. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Consultant, its officers, employees, agents or subcon sultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this Agreement, t hen City shall have the right to reim bursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) INDEMNIFICATION BY CONSULTANT. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative o r judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or subconsultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to , directly or indirectly, in whole or in part, any goods provided or performance of Services by Consultant, its officers, agents, employees, representatives, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified parties.
(b) INDEMNIFICATION FROM SUB-CONSULTANTS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.
SECTION 17. INSURANCE.
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Addendum “1” “Insurance” and made a part of this
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Agreement. All insurance policies shall be subject to approval by City as to for m and content.
These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Consultant are material considerations for this Agreement.
City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City , which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subconsultants.
If in the performance of its duties Consultant utili zes subconsultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making subconsultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 17 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any subconsultant or subcontractor for purposes of establishing a duty of care between any subconsultant or subcontractor and the City.
SECTION 19. CONTINUITY OF PERSONNEL.
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / subconsultants, if any, assign ed to perform the Services.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress.
(b) Consultant may terminate this Agreeme nt for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may termin ate this Agreement immediately upon written notice.
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(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as s et forth in Section 4 “Compensation and Method of Payment” of this Agreement.
(e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under th is Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 21. DEFAULT.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended or reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy , acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to
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Consultant in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Indio
Attn: City Manager
100 Civic Circle Drive
Indio, CA 92201
To Consultant: Albert A. Webb Associates
Attn: Dilesh Sheth, PE, TE
3788 McCray Street
Riverside, CA 92506
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Co nsultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretation s and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Indio Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
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SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agree ment, as amended, would not exceed the City Manager’s contracting authority under the Indio Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEY’S FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits and Addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters ad dressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenfor ceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
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SECTION 34. INCORPORATION AND CONFLICTING TERMS.
(a) The following documen ts are incorporated and made part of this Agreement by this reference:
1. Insurance requirements (“Addendum 1”)
2. All Exhibits and Addendums
3. All amendments
4. Consultant’s proposal, if any
5. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are int ended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, Exhibits and Addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.
SECTION 35. TIME OF ESSENCE.
Time is of the essence for each and every provision of this Agreement.
SECTION 36. FEDERAL FUNDS.
In the event the Services are funded either in whole or in part by a federal grant, Consultant shall comply with the requirements of Addendum “2” “Federal Funds.” [SIGNATURE PAGE FOLLOWS]
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Signature Page
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
FOR PROFESSIONAL ENGINEERING SERVICES
BETWEEN THE CITY OF INDIO AND ALBERT A. WEBB ASSOCIATES
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF INDIO
___________________________
Bryan Montgomery
City Manager
ATTEST:
CITY CLERK
By: ___________________________
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
CONSULTANT:
Albert A. Webb Associates
By:
Its:
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EXHIBIT “A”
SCOPE OF SERVICES
Phase I – Project Approval and Environmental Document (PA&ED) TASK 1 - PROJECT MANAGEMENT/ADMINISTRATION
1.1 - Project Management
We will plan, organize, direct, and monitor project work activities and resources in accordance with the contract scope, schedule, and budg et. This task includes ongoing general project management with the City, sub-consultants, and stakeholders, including preparing contract paperwork, memos, letters, emails, phone calls, and maintaining project files. This activity commences after receipt of the Notice -to-Proceed, continues through submittal of key final project deliverables, and concludes at the completion of construction and closeout. For this scope of work, we assume a project duration of 24 months.
1.2 - Meetings and Schedule
We will schedule and attend meetings in the planning phase as follows:
a. Kick-off meeting including sub-consultants and agencies. b. Project Development Team (PDT) meetings – monthly.
c. Environmental meetings.
We will schedule, chair, and prepare meeting agendas and minutes for all meetings. The agendas will be submitted to the City for review one working day before the meeting. The minutes will be distributed within five working days after the meeting to all attendees, everyone who was invited, and the City's Project Manager. The minutes shall include, but not be limited to, a list of attendees with phone numbers and contact emails, a summary of discussion items, a decision log, ROW/Utility Tracking Sheets, any pertinent information, action items, and follow-up to action items.
We will prepare project schedules for the three phases utilizing Microsoft Project. The project schedules will be divided into tasks and subtasks in full detail, including, but not limited to City function timeline, critical path, and outside sources such as agencies or utilities.
1.3 - Coordination with Sub-consultants and Agencies
We will coordinate the ongoing projects with the Cities, sub-consultants, and other agencies.
We will maintain project files, prepare memos, letters, emails, and any other communication necessary to manage the project.
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DELIVERABLE(S): Project Management, PDT Meetings (assumption of 24 meetings), Meeting Agendas and Minutes (electronic), Monthly Status Reports (electronic), Project Schedules (three), Monthly Invoices, Quality Control.
TASK 2 - SURVEY
2.1 - Research/Mobilization
Mark Thomas will perform the following tasks prior to the commencement of field surveying activities:
• Secure vertical benchmark data sheets located within the general project area from the County of Riverside and the Cities to tie results to the North American Vertical Datum of 1988 (NAVD88).
• Perform necessary research with the Cities to obtain centerline monument ties. • Secure available parcel/tract/records of survey/corner records/record mapping from Riverside County to identify all local control/cadaster. • Secure roadway as-built facilities from Riverside County and the Cities for the entire project area.
2.2 - Control Survey
Upon completing all research efforts, field crews will perform a Control Survey using conventional and GPS-based survey methods. Field surveying efforts will include the location of local centerline monuments/property corners necessary to retrace/re-establish rights of way and street centerlines and vertical benchmarks. Mark Thomas will compile all data and generate a Project Control Report illustrating found data, field notes, and vertical/horizontal datums to be utilized for the project. This report will be utilized for the basis of all survey control efforts as part of this project and will support future construction staking efforts. Mark Thomas will set aerial ground targets necessary for control of the project and the required Aerial Survey.
2.3 - Aerial Survey and Design Topography
Mark Thomas will use an aerial sub -consultant to provide a 1" = 40' scale topographic map of the project area, with color digital orthophoto, consisting of accuracies of plus or minus 0.295 - FT and accuracies of 0.195-FT as it relates to the Digital Terrain Model (DTM).
The Design Survey supplements the Aerial Survey with a greater level of accuracy as required.
Mark Thomas field crews will perform a ground survey using conventional methods to locate all hardscape, drainage features, utility facilities, break lines, driveways up to structures or gates as access is available, and other pertinent improvements. Supplemental ground survey efforts will
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include cross sections at 50 -FT intervals and at midpoints of driveway approaches within the project limits. Sufficient detail will be obtained to confirm ADA compliance at driveways and curb access ramps. It is assumed the property owners/Cities will provide sufficient access to support these efforts.
The design survey data will be tied to the horizontal and vertical control established for the Project. Mark Thomas will generate a Survey Base Map at 1" = 40' scale. Mapped features will generally include the edge of pavement/curb and gutter/sidewalk, driveways, landscape features such as monument signs/irrigation control valves/significant vegetation, manholes, drop inlets, walls, signs, utility/light/signal poles, above ground utility service facilities, storm drain facilities, and other visible improvements at the surface elevation. Break lines will be collected along all mapped improvements listed above to create continuous contours with a 1.0-FT interval and a Digital Terrain Model (DTM).
Land Net Base Mapping will augment research efforts identified in Section 2.1 above. Mark Thomas will analyze provided title reports, record mapping, and found project control to establish existing street centerlines, rights -of-way, and property lines of record using industry accepted boundary retracement practices. All resolved linework will be illustrated in the Survey Base Map depicting found local monuments/cadaster, pertinent notes on means/methods of retracement efforts, assessor's parcel numbers, ownership of record, and measured bearings/distances.
DELIVERABLES: Project Control Report in PDF and Word PNEZD formats, Survey Base Map in PDF and AutoCAD formats, Digital Terrain Model (DTM) in electronic formats
TASK 3 - UTILITY COORDINATION
3.1 - Data Compilation/Site Visit
We will contact Dig-Alert to secure an official ticket with contact information of all known utilities within the project limits. Record request forms will be sent to all utility owners requesting as -built facilities and available record drawings. Additional research will be performed with the Cities, County, and CVWD to identify locations/potential existence of City/County/CVWD owned facilities within the project limits. Golden Voice has installed private communication cables on Avenue 50. We will obtain record drawings from Golden Voice.
Upon compiling as-built information from utility owners, we will conduct a site visit to identify all existing improvements shown on the as-builts to verify their accuracy and note facilities such as manholes and valves identified in the as -built plans but not visible in the field. These
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conditions will be flagged and sent to our project survey team. Additionally, follow -up discussions with the Utility Owners will occur for these cases in the event past improvement projects inadvertently paved over the manhole/valve covers.
3.2 - Utility Conflict Mapping/Utility Relocation Coordination and Agreements We will utilize as -built data and maps obtained from the utility companies to prepare existing utility base mapping and identify all utilities on the plans within the project limits. The utility mapping developed for the PS&E will be verified through topographic surveys.
During the design development, high and low-risk facilities will be identified, and a Utility Conflict Matrix will be developed to record the findings and begin coordinating with the utility owners. We will provide all correspondence/communication efforts to the City upon completion of the final design.
Coordination with IID
• Provide coordination with IID for street improvement and traffic signal improvements. • Provide CAD files and improvement plans to IID.
• Assist City with the preparation of cost estimates and agreements. • Review IID's potential undergrounding and relocation design and incorporate changes into WEBB's improvement plans.
• WEBB will prepare all IID application (CSP) required for submittal including service relocations, underground, and/or new service for streetlights.
Coordination with CVWD
• Provide coordination with CVWD for improvements within CVWD/Bureau of Reclamation (BOR) easements.
• Provide coordination with CVWD for relocation and adjustment of manhole covers, water valve covers, and air-vacs.
• Assist City and CVWD in the preparation of agreements. • Coordinate with CVWD for review and approval of irrigation and other improvements within CVWD/(BOR) easements.
Coordination with Frontier, Gas Company, Spectrum, and Other Utility Companies We will assist the City with Utility Conflict Mapping. We will perform the typical “ABC” process of utility letters, which includes:
• Utility “A” Letter: The Utility “A” Letters (record request forms) will be sent to each utility to request as-built mapping of their facilities as previously discussed in Task 3.1
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above.
• Utility “B” Letter: Maps showing the utility mapping and the proposed improvements will be sent to the utility companies for verification. • Utility “C” Letter: Final plans, along with a letter, will be sent to the utility companies showing the existing utilities and the final design.
We will call the utility companies as necessary until a written response form is received from each potentially conflicting utility. We will Identify all known utilities that potentially conflict with the planned project improvements and determine special requirements for facilities, including protection, relocation, right-of-way easements, and construction. We will coordinate with utility companies to schedule the relocation of the utilities before the start of construction.
3.3 – Utility Potholing
Potholing will be performed to locate utilities that pose potential conflicts in high -risk areas such as where drainage facilities, CVWD irrigation line improvements, traffic signal pole footings, and underground facilities are proposed. We have retained Underground Solutions to identify the depths, material type, and size of known critical facilities. Upon completion of all pothole services, the project survey team will be notified to field survey each potholed location.
It is assumed a maximum of 10 potholes for Avenue 52, and 10 potholes for Avenue 50 between Jefferson and Madison and 20 between Madison and Botella will be performed for this project and are included in the scope of work.
DELIVERABLES: Records obtained from the City and Outside Agencies, Utility locations shown on the base mapping, Certified List of Utilities per USA, Utility Conflict Mapping Procedure ("ABC" Letters), and Utility Pothole Field Surveys.
TASK 4 - GEOTECHNICAL ANALYSIS
Geocon will perform the following tasks as part of their geotechnical analysis:
• Site reconnaissance and marking of geotechnical core locations for USA notification. • Preparation of no -fee encroachment permit applications with the cities of La Quinta and Indio for the required work. It is anticipated standard CAMUTCD traffic control details and site specific traffic control plans will be developed. Provide traffic control for the field investigation.
• Review and document pavement conditions within the project area. • Excavate geotechnical cores through the asphalt and aggregate base to expose the underlying
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subgrade. Backfill cores with 2 -sack slurry (Black). We will collect bulk and ring samples of the subgrade soil for laboratory testing. Due to the length of the roadways, we have budgeted for one core approximately every 500 -FT, resulting in an estimated number of cores at 31 for all three project areas (Along Avenue 50, 10 between Jefferson and Madison, 16 between Madison and Botella, and 5 along Avenue 52 between Madison and Monroe). • Excavate up to 24 percolations borings (Along Avenue 50, 8 between Jefferson and Madison, 12 between Madison and Botella , and 4 along Avenue 52 between Madison and Monroe) to a depth of up to 10 feet at test locations as designated by the project civil engineer. The test locations will be backfilled with native soils upon completion of the percolation testing.
• Perform percolation testing at the dry well locations. • Perform laboratory testing, which is expected to include in -situ moisture and density determinations, maximum density/optimum moisture, grain size analyses (dry wells), soluble sulfate content, and R -value testing. The laboratory testing program will be based on the conditions encountered during the field investigation with respect to the proposed improvements.
• Prepare a geotechnical report presenting findings in the field, core and boring logs, pavement section thicknesses, percolation test results, and recommendations for new pavements, PCC improvements, retaining wall design and construction, and roadway rehabilitation.
DELIVERABLE(S): Geotechnical Reports with pavement recommendations and percolation rates.
TASK 6. ENVIRONMENTAL APPROVAL
Avenue 50 Improvements
6.1.A - Initial Study (IS)/Mitigated Negative Declaration (MND) or Addendum to General Plan Update EIR
• Prepare an IS/MND or Addendum for City of Indio and City of La Quinta review. • It is assumed the topographic mapping, site plan, and limit of project impacts will be available in AutoCad or GIS shapefiles, including georeferenced design drawings, prior to kick-off of the environmental services and no major revisions will be made once the technical studies are underway.
• A project description will be circulated for the Cities’ review and approval prior to initiation of CEQA impact analysis.
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• Two rounds of minimal revisions to the Draft IS/MND and Final IS/MND (or Addendum) per the Cities’ comments is included.
• A “round” of comments refers to a group of comments from all City departments, including the City Attorney, and any other entities identified by the City at project kick -off received at the same time. (If additional rounds of comments are received, i.e., received at different times, additional comments not included in the initial round, or changes from the initial round of comments, additional budget may be required.)
• No federal funds, lands, or permits are involved in this project. • WEBB will draft the Notice of Intent (NOI), the Notice of Completion (NOC) for the State Clearinghouse and draft an ad in English and Spanish to be placed in newspapers of local circulation of the Cities. WEBB will mail the NOI to recipients on th e Distribution List provided by the City. It is assumed no more than 50 recipients will be mailed a copy of the notices.
• The City of Indio will publish the Notice of Intent (NOI) in the newspapers of general circulation.
• As part of the Final IS/MND, WEBB will prepare responses to comments received during the public comment period and prepare a Screencheck Final IS/MND. The response to comments includes preparation of responses from no more than five commenting agencies/individuals, and no more than 20 individual comments that require answers other than “comment noted”. • A mitigation monitoring and reporting program (MMRP) will be prepared, as required. • WEBB will prepare, but the City shall file the NOD at the County Clerk and pay the required filing fees. WEBB will electronically submit the NOD to the State Clearinghouse. • If an IS/MND is prepared, the City will continue to handle all the noticing and consultation efforts with the Native American Tribes pursuant to AB 52 as they have on past projects. WEBB will provide draft AB 52 letters.
• All documents will be provided electronically to the City of Indio and City of La Quinta. • No attendance at public meetings was included.
• The City will prepare Staff Report, Resolution and/or Findings, if required.
6.1.B - Technical Studies
Air Quality/Greenhouse Gas/Energy Analysis
• WEBB will prepare an Air Quality/Greenhouse Gas (AQ/GHG) Analysis for construction impacts in accordance with the South Coast Air Quality Management District (SCAQMD) requirements.
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Biological Resources Report
• SWCA Environmental Consultants (SWCA) will prepare a Biological Resources Technical Report that includes a database and literature review, field survey, and analysis of potential impacts to sensitive biological resources.
• Assumes SWCA Staff will have full access to the study sites. • Assumes in-person meetings will not be required, and no more than two hours of conference calls will be required.
• This scope does not include guideline surveys for rare or protected species, or other special survey types.
• SWCA assumes the proposed project will not impact jurisdictional waters, and therefore a jurisdictional delineation is not included.
• Project will not require a CVMSHCP Consistency Analysis or the Joint Review Process • The field survey will be completed in a single mobilization. If circumstances outside SWCA’s control (site accessibility, weather events, etc.) require demobilization and later remobilization to complete a survey, this may incur additional costs and require a change order.
• SWCA will prepare one draft and one final version of the report, transmitted electronically. • Permit applications for jurisdictional waters or threatened or endangered species is not included.
Cultural Resources Report
• Applied Earthworks (Æ) will prepare a combined Phase I archaeology/built -environment report of findings to CEQA standards. This report will describe the project, cultural setting, desktop and field investigation methods, survey results, resource evaluation s, and management recommendations. The report will also incorporate the results of the records search and communications with local Native American Tribes. It is assumed the records search fee will not exceed $1,000. Current turnaround time is eight weeks. Æ assumes Avenue 50 will need to be reported on California Department of Parks and Recreation Forms 523 A & B because it is more than 50 years of age; and assumes no archaeological resources are found. Æ is not responsible for landowner permissions and access to the project area. • Æ will prepare a technical memorandum for paleontological resources. The memorandum will document the records search and desktop findings and will provide project -specific recommendations; no field survey is proposed. It is assumed the total records search fee will not exceed $750.
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Exhibit A – Scope of Services
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• Æ’s reports will be submitted electronically; assumes one round of minor comments addressed.
Noise Study
• Entech will prepare a construction noise and vibration analysis. Two long term measurements will be performed to characterize the existing environment. Construction noise levels will be predicted using reference noise levels for standard construction equipment, the distance to the noise sensitive uses, and noise attenuation standards.
Vibration impacts will be assessed utilizing the criteria and approach outlined in the FTA Noise and Vibration Manual. The noise and vibration analysis results will be presented in a technical memo, with mitigation, if needed.
Vehicle Mile Traveled (VMT) Analysis
• Translutions will prepare a VMT analysis memorandum by modifying the RIVCOM model to calculate VMT for the following scenarios: Base Year with and without Project, and Future Year with and without Project.
• Induced demand occurs when roadways are congested. Under uncongested conditions, induced demand is generally not applicable. A LOS based screening will be conducted based on the traffic analysis for the project to identify if induced demand is a factor. If required, induced demand calculations will be based on the Cervero elasticity factors. • Feasible mitigation measures will be recommended and calculated either based on the County of Riverside Checklist, the CAPCOA checklist, or using percentage VMT reductions from CalEEMod.
Avenue 52 Improvements
6.2.A - Notice of Exemption (NOE)
• The City will prepare CEQA NOE.
Cultural Resources Report
• If ground disturbance will exceed 5 feet in depth along Avenue 52, Applied Earthworks (Æ) will prepare a combined Phase I archaeology/built-environment report of findings to CEQA standards. This report will describe the project, cultural setting, desktop a nd field investigation methods, survey results, resource evaluations, and management recommendations. The report will also incorporate the results of the records searches. It is assumed the records search fee will not exceed $800. Current turnaround time is eight weeks.
Æ is not responsible for landowner permissions and access to the project area.
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• Æ will prepare a technical memorandum for paleontological resources. The memorandum will document the records search and desktop findings and wil l provide project -specific recommendations; no field survey is proposed. It is assumed the total records search fee will not exceed $450.
• Æ’s reports will be submitted electronically; assumes one round of minor comments addressed.
TASK 7 - GEOMETRIC APPROVAL DRAWINGS
We will design the proposed striping layout using the proposed street cross -sections and lane configuration via the City's General Plan Mobility Element, Complete Streets Master Plan, the City of La Quinta, CVAG's Active Transportation Design Guidelines, and required CAMUTCD standards. The design will incorporate strategies and countermeasures that are effective at reducing collisions involving pedestrians and bicyclists. Avenue 50 includes a Class IV Cycle Track. We will review the connectivity to existing and future bike lanes and trail connections.
Avenue 50, serves as a planner connector to the CV Link per the CVAG Master Plan for the facility. The preliminary design will study and include a bicycle facility that ensures regional compatibility and the highest safety/comfort afforded by the project budget and available roadway space.
We will identify and document critical elements and encroachments in the field and present our findings to the City. We will prepare a conceptual plan for the proposed project to minimize the impact on the properties and utilities and cost savings to the City. The conceptual level plans will include aerial topography. We will also prepare preliminary cost estimates, existing and proposed right-of-way, base map, existing utilities, and proposed horizontal design. The GAD will be used for the CEQA and environmental approval process.
DELIVERABLE(S): Geometric Approval Drawings (35% Level) and Preliminary Cost Estimates
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EXHIBIT “B”
COMPENSATION
AGENDA ITEM #9.9
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ADDENDUM “1”
INSURANCE
(A) INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:
1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.
2. MINIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary
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coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
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endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
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Addendum 2 – Federal Funds
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ADDENDUM “2"
FEDERAL FUNDS
Not Applicable
AGENDA ITEM #9.9
Professional Services Agreement with Albert A. Webb Associates in the no... Page 203 of 324 Item Description
Dilesh Sheth
Myung Choo
Eugene Abrego
Nicholas Lowe
Nicholas Keller
Son Le
Joe Castaneda
Deborah Saulina
Stephanie Standerfer
Eliza Laws
Monica Tobias
Ernie Dominguez
Eric Lewis
Total Hours
Subtotal - Labor
Sub-consultant
budget
Sub-consultant
budget with 10%
markup
Expenses
Total/task
Total/task
1 Classification
Principal II
Principal I
Senior III
Principal I
Senior I
Associate II
Senior I
Assistant III
Principal II
Senior II
Associate II
Senior III
Principal I
Billout Rate 293 $ 279 $ 252 $ 252 $ 232 $ 197 $ 232 $ 135 $ 293 $ 240 $ 197 $ 252 $ 279 $ 281,053 $
Task 1 - Project Management / Administration (T&M) 54 24 32 6 3 119 28,467 $ -$ -$ -$ 28,467 $ 28,467 $
1.1 Project Management 30 8 38 9,870 $ -$ -$ -$ 9,870 $ 9,870 $
1.2 Meetings and Schedule 12 12 12 6 3 45 10,437 $ - $ -$ - $ 10,437 $ 10,437 $
1.3 Coordination with Sub-consultants and Agencies 12 12 12 36 8,160 $ -$ -$ -$ 8,160 $ 8,160 $ Task 2 - Survey 12 12 12 36 8,160 $ 43,568 $ 47,925 $ -$ 56,085 $ 56,085 $
2.1 Research / Mobilization 4 4 4 12 2,720 $ 2,828 $ 3,111 $ 5,831 $ 5,831 $
2.2 Control Survey 4 4 4 12 2,720 $ 6,138 $ 6,752 $ 9,472 $ 9,472 $
2.3 Aerial Survey and Design Topo 4 4 4 12 2,720 $ 34,602 $ 38,062 $ 40,782 $ 40,782 $ Task 3 - Utility Coordination (T&M) 20 20 24 32 20 116 25,828 $ -$ -$ -$ 25,828 $ 25,828 $
3.1 Data Compilation / Site Visit 4 4 28 8 44 7,976 $ -$ -$ 7,976 $ 7,976 $
3.2 Utility Conflict Mapping / Utility Relocation 16 16 24 4 12 72 17,852 $ -$ -$ 17,852 $ 17,852 $
3.3 Utility Potholing -$ -$ -$ -$ -$ Task 4 - Geometric Drawings Geotechnical Analysis 6 6 6 18 4,080 $ 24,780 $ 27,258 $ -$ 31,338 $ 31,338 $
4.1 Geotenchnical Report 6 6 6 18 4,080 $ 24,780 $ 27,258 $ 31,338 $ 31,338 $ Task 5 - Hydraulic Analysis 6 4 2 8 40 4 64 15,054 $ - $ - $ - $ 15,054 $ 15,054 $
5.1 Hydraulical Report 6 4 2 8 40 4 64 15,054 $ -$ -$ 15,054 $ 15,054 $ Task 6 - CEQA Determination 15 10 55 57 137 31,754 $ 16,366 $ 18,003 $ 680 $ 50,437 $ 50,437 $
6.1 CEQA Documentation (MND or Addendum) 8 10 48 48 114 26,250 $ -$ -$ 680 $ 26,930 $ 26,930 $
6.3 Air Quality & Greenhouse Gas Analysis 5 4 5 14 3,410 $ -$ -$ 3,410 $ 3,410 $
6.4 Biological Report 1 1 197 $ 3,411 $ 3,752 $ 3,949 $ 3,949 $
6.5 Phase I- Archaeo & Paleo 1 1 2 437 $ 6,100 $ 6,710 $ 7,147 $ 7,147 $
6.6 Noise Study 1 1 2 437 $ 2,055 $ 2,261 $ 2,698 $ 2,698 $
6.7 VMT Analysis 2 1 1 4 1,023 $ 4,800 $ 5,280 $ 6,303 $ 6,303 $ Task 7 - Geometric Approval Drawings 24 12 12 8 160 80 8 16 320 73,844 $ -$ -$ -$ 73,844 $ 73,844 $
7.1 Geometic Drawings 24 12 12 8 160 80 8 16 320 73,844 $ -$ -$ 73,844 $ 73,844 $ 362,858 $
Task 1 - Project Management / Administration (T&M) 54 24 32 6 3 119 28,467 $ - $ - $ - $ 28,467 $ 28,467 $
1.1 Project Management 30 8 38 9,870 $ -$ -$ -$ 9,870 $ 9,870 $
1.2 Meetings and Schedule 12 12 12 6 3 45 10,437 $ -$ -$ -$ 10,437 $ 10,437 $
1.3 Coordination with Sub-consultants and Agencies 12 12 12 36 8,160 $ -$ -$ -$ 8,160 $ 8,160 $ Task 2 - Survey -$ 6,106 $ 6,717 $ -$ 6,717 $ 6,717 $
2.3 Aerial Survey and Design Topo -$ 6,106 $ 6,717 $ -$ 6,717 $ 6,717 $ Task 3 - Utility Coordination (T&M) 36 36 44 32 36 184 43,220 $ 9,817 $ 10,798 $ -$ 54,018 $ 54,018 $
3.1 Data Compilation / Site Visit 4 4 12 8 28 5,816 $ -$ -$ 5,816 $ 5,816 $
3.2 Utility Conflict Mapping / Utility Relocation 24 24 36 12 28 124 30,108 $ -$ -$ 30,108 $ 30,108 $
3.1 Utility Potholing (10) 8 8 8 8 32 7,296 $ 9,817 $ 10,798 $ 18,094 $ 18,094 $ Task 10 - Final Plans, Specifications, & Cost Estimate 128 52 92 48 313 156 140 60 120 24 1133 268,156 $ 5,000 $ 5,500 $ -$ 273,656 $ 273,656 $
10.1 Street and Drainage Improvement Plans 80 24 24 265 140 24 40 597 143,464 $ 5,000 $ 5,500 $ 148,964 $ 148,964 $
10.2 CVWD Irrigation Improvement Plans 8 4 4 24 4 44 10,576 $ -$ -$ 10,576 $ 10,576 $
10.3 Traffic Signal Modification Plans and Advanced
Management System 8 8 16 60 4 12 108 24,316 $ - $ -$ 24,316 $ 24,316 $
10.4 Signing and Striping Plans 8 8 16 80 4 12 128 28,256 $ -$ -$ 28,256 $ 28,256 $
10.5 Street Light Plans 8 16 80 104 26,536 $ -$ -$ 26,536 $ 26,536 $
10.6 Specifications 8 40 8 16 72 16,600 $ -$ -$ 16,600 $ 16,600 $
10.7 Cost Estimate 8 8 8 8 24 16 8 80 18,408 $ -$ -$ 18,408 $ 18,408 $ 217,900 $
Task 11 - Right-of-Way (T&M) 80 40 72 8 200 51,304 $ 151,450 $ 166,595 $ -$ 217,899 $ 217,900 $
11.1 Plats and Legal Description (10 Parcels) 8 16 24 5,728 $ 27,680 $ 30,448 $ 36,176 $ 36,176 $
11.2 Appraisal Map/Proprty Exhibits (10) 8 16 24 5,728 $ 24,800 $ 27,280 $ 33,008 $ 33,008 $
11.3 Coordination with Property Owners and HOAs 40 24 40 8 112 28,128 $ -$ -$ 28,128 $ 28,128 $ Avenue 50 Street Improvement Project from Jefferson Street to Madison Street (CIP No. ST2004) City of Indio/City of La Quinta
PHASE II - Final Plans, Specifications, and Estimate (PS&E) PHASE III - Right of Way Acquisition
PHASE I - Project Approval and Environmental Docume nts (PA&ED)
AGENDA ITEM #9.9
Professional Services Agreement with Albert A. Webb Associates in the no...Page 204 of 324 Item Description
Dilesh Sheth
Myung Choo
Eugene Abrego
Nicholas Lowe
Nicholas Keller
Son Le
Joe Castaneda
Deborah Saulina
Stephanie Standerfer
Eliza Laws
Monica Tobias
Ernie Dominguez
Eric Lewis
Total Hours
Subtotal - Labor
Sub-consultant
budget
Sub-consultant
budget with 10%
markup
Expenses
Total/task
Total/task
1 Classification
Principal II
Principal I
Senior III
Principal I
Senior I
Associate II
Senior I
Assistant III
Principal II
Senior II
Associate II
Senior III
Principal I
Billout Rate 293 $ 279 $ 252 $ 252 $ 232 $ 197 $ 232 $ 135 $ 293 $ 240 $ 197 $ 252 $ 279 $ 382,749 $
Task 1 - Project Management (T&M) 72 32 44 6 3 157 37,377 $ -$ -$ -$ 37,377 $ 37,377 $
1.1 Project Management 40 12 52 13,340 $ -$ -$ -$ 13,340 $ 13,340 $
1.2 Meetings and Schedule 12 12 12 6 3 45 10,437 $ - $ - $ - $ 10,437 $ 10,437 $
1.3 Coordination with Sub-consultants and Agencies 20 20 20 60 13,600 $ -$ -$ -$ 13,600 $ 13,600 $ Task 2 - Survey 18 36 18 72 16,776 $ 48,911 $ 53,803 $ -$ 70,579 $ 70,578 $
2.1 Research / Mobilization 6 12 6 24 5,592 $ 3,674 $ 4,041 $ 9,633 $ 9,633 $
2.2 Control Survey 6 12 6 24 5,592 $ 7,188 $ 7,907 $ 13,499 $ 13,499 $
2.3 Aerial Survey and Design Topo 6 12 6 24 5,592 $ 38,049 $ 41,854 $ 47,446 $ 47,446 $ Task 3 - Utility Coordination (T&M) 26 26 30 52 32 166 36,214 $ -$ -$ -$ 36,214 $ 36,214 $
3.1 Data Compilation / Site Visit 6 6 40 12 64 11,694 $ -$ -$ 11,694 $ 11,694 $
3.2 Utility Conflict Mapping / Utility Relocation 20 20 30 12 20 102 24,520 $ -$ -$ 24,520 $ 24,520 $
3.3 Utility Potholing -$ -$ -$ -$ -$ Task 4 - Geometric Drawings Geotechnical Analysis 8 8 8 24 5,440 $ 31,118 $ 34,230 $ -$ 39,670 $ 39,670 $
4.1 Geotenchnical Report 8 8 8 24 5,440 $ 31,118 $ 34,230 $ 39,670 $ 39,670 $ Task 5 - Hydraulic Analysis 8 4 4 8 60 4 88 20,784 $ - $ - $ - $ 20,784 $ 20,784 $
5.1 Hydraulical Report 8 4 4 8 60 4 88 20,784 $ -$ -$ 20,784 $ 20,784 $ Task 6 - CEQA Determination 21 14 81 83 199 46,046 $ 24,550 $ 27,004 $ 1,020 $ 74,070 $ 74,070 $
6.1 CEQA Documentation (MND or Addendum) 12 14 72 72 170 39,082 $ -$ -$ 1,020 $ 40,102 $ 40,102 $
6.2 Air Quality & Greenhouse Gas Analysis 7 6 7 20 4,870 $ -$ -$ 4,870 $ 4,870 $
6.3 Biological Report 1 1 197 $ 5,116 $ 5,628 $ 5,825 $ 5,825 $
6.4 Phase I- Archaeo & Paleo 1 1 2 437 $ 9,150 $ 10,065 $ 10,502 $ 10,502 $
6.5 Noise Study 1 1 2 437 $ 3,083 $ 3,391 $ 3,828 $ 3,828 $
6.6 VMT Analysis 2 1 1 4 1,023 $ 7,200 $ 7,920 $ 8,943 $ 8,943 $ Task 7 - Geometric Approval Drawings 40 12 24 8 240 100 8 16 448 104,056 $ -$ -$ -$ 104,056 $ 104,056 $
7.1 Geometic Drawings 40 12 24 8 240 100 8 16 448 104,056 $ -$ -$ 104,056 $ 104,056 $ 527,418 $
Task 1 - Project Management (T&M) 72 32 44 6 3 157 37,377 $ -$ -$ -$ 37,377 $ 37,377 $
1.1 Project Management 40 12 52 13,340 $ -$ -$ -$ 13,340 $ 13,340 $
1.2 Meetings and Schedule 12 12 12 6 3 45 10,437 $ -$ -$ -$ 10,437 $ 10,437 $
1.3 Coordination with Sub-consultants and Agencies 20 20 20 60 13,600 $ -$ -$ -$ 13,600 $ 13,600 $ Task 2 - Survey -$ 6,715 $ 7,386 $ -$ 7,386 $ 7,386 $
2.3 Aerial Survey and Design Topo -$ 6,715 $ 7,386 $ 7,386 $ 7,386 $ Task 3 - Utility Coordination (T&M) 58 58 72 24 72 284 69,698 $ 19,633 $ 21,597 $ -$ 91,295 $ 91,295 $
3.1 Data Compilation / Site Visit 6 6 12 24 6,294 $ -$ -$ 6,294 $ 6,294 $
3.2 Utility Conflict Mapping / Utility Relocation 40 40 60 12 60 212 52,460 $ -$ -$ 52,460 $ 52,460 $
3.3 Utility Potholing 12 12 12 12 48 10,944 $ 19,633 $ 21,597 $ 32,541 $ 32,541 $ Task 10 - Final Plans, Specifications, & Cost Estimate 156 84 160 40 544 216 200 68 140 24 1632 385,860 $ 5,000 $ 5,500 $ -$ 391,360 $ 391,360 $
10.1 Street and Drainage Improvement Plans 96 60 60 480 200 36 60 992 237,728 $ 5,000 $ 5,500 $ 243,228 $ 243,228 $
10.2 CVWD Irrigation Improvement Plans 8 4 8 40 60 14,756 $ -$ -$ 14,756 $ 14,756 $
10.3 Traffic Signal Modification Plans and Advanced 8 8 16 60 4 12 108 24,316 $ -$ -$ 24,316 $ 24,316 $
10.4 Signing and Striping Plans 8 4 16 140 4 12 184 38,960 $ -$ -$ 38,960 $ 38,960 $
10.5 Street Light Plans 8 16 80 104 26,536 $ -$ -$ 26,536 $ 26,536 $
10.6 Specifications 16 60 8 16 100 23,984 $ -$ -$ 23,984 $ 23,984 $
10.7 Cost Estimate 12 8 16 24 16 8 84 19,580 $ -$ -$ 19,580 $ 19,580 $ 480,034 $
Task 11 - Right-of-Way (T&M) 120 40 108 12 280 71,916 $ 371,016 $ 408,118 $ -$ 480,034 $ 480,034 $
11.1 Plats and Legal Description (27 Parcels) 8 24 32 7,584 $ 74,736 $ 82,210 $ 89,794 $ 89,794 $
11.2 Appraisal Map/Proprty Exhibits (27) 8 24 32 7,584 $ 66,960 $ 73,656 $ 81,240 $ 81,240 $
11.3 Coordination with Property Owners and HOAs 60 24 60 12 156 39,168 $ -$ -$ 39,168 $ 39,168 $
11.4 Right-of-Way Project Management 24 24 7,032 $ 38,220 $ 42,042 $ 49,074 $ 49,074 $
11.5 Title Investigation Services (20) -$ 13,500 $ 14,850 $ 14,850 $ 14,850 $
11.6 Real Property (Fees) Appraisal Services -$ 83,600 $ 91,960 $ 91,960 $ 91,960 $ Avenue 50 Street Improvement Project Between Madison and Botella (CIP No. ST2004) City of Indio
PHASE I - Project Approval and Environmental Docume nts (PA&ED) PHASE II - Final Plans, Specifications, and Estimate (PS&E) PHASE III - Right of Way Acquisition
AGENDA ITEM #9.9
Professional Services Agreement with Albert A. Webb Associates in the no...Page 205 of 324 Item Description
Dilesh Sheth
Myung Choo
Eugene Abrego
Nicholas Lowe
Nicholas Keller
Son Le
Deborah Saulina
Joe Castaneda
Eliza Laws
Noemi Avila
Ernie Dominguez
Eric Lewis
Total Hours
Subtotal - Labor
Sub-consultant
budget
Sub-consultant
budget with 10%
markup
Expenses
Total/task
Total/task
1 Classification
Principal II
Principal I
Senior III
Principal I
Senior I
Associate II
Assistant III
Senior I
Senior II
Assistant II
Senior III
Principal I
Billout Rate 293 $ 279 $ 252 $ 252 $ 232 $ 197 $ 135 $ 232 $ 240 $ 135 $ 252 $ 279 $ 142,823 $
Task 1 - Project Management 18 11 29 6,759 $ 15,312 $ 16,843 $ -$ 23,602 $ 23,602 $
1.1 Project Management 7 7 2,051 $ 6,490 $ 7,139 $ -$ 9,190 $ 9,190 $
1.2 Meetings and Schedule 6 6 12 2,568 $ 5,930 $ 6,523 $ - $ 9,091 $ 9,091 $
1.3 Coordination with Sub-consultants and Agencies 5 5 10 2,140 $ 2,892 $ 3,181 $ -$ 5,321 $ 5,321 $ Task 2 - Survey -$ 40,239 $ 44,263 $ -$ 44,263 $ 44,264 $
2.1 Research / Mobilization -$ 2,828 $ 3,111 $ 3,111 $ 3,111 $
2.2 Control Survey -$ 6,138 $ 6,752 $ 6,752 $ 6,752 $
2.3 Aerial Survey and Design Topo -$ 31,273 $ 34,401 $ 34,401 $ 34,401 $ Task 3 - Utility Coordination (T&M) -$ 10,005 $ 11,005 $ -$ 11,005 $ 11,005 $
3.1 Data Compilation / Site Visit -$ 5,288 $ 5,817 $ 5,817 $ 5,817 $
3.2 Utility Conflict Mapping / Utility Relocation -$ 4,717 $ 5,188 $ 5,188 $ 5,188 $
3.3 Utility Potholing -$ -$ -$ -$ -$ Task 4 - Geometric Drawings Geotechnical Analysis -$ 10,002 $ 11,002 $ -$ 11,002 $ 11,002 $
4.1 Geotenchnical Report -$ 10,002 $ 11,002 $ 11,002 $ 11,002 $ Task 5 - Hydraulic Analysis 6 40 46 11,038 $ - $ -$ - $ 11,038 $ 11,038 $
5.1 Hydraulical Report 6 40 46 11,038 $ -$ -$ 11,038 $ 11,038 $ Task 6 - CEQA Determination 2 4 6 1,020 $ 9,985 $ 10,984 $ -$ 12,004 $ 12,004 $
6.4 Phase 1 - Archeo & Paleo 2 4 6 1,020 $ 9,985 $ 10,984 $ 12,004 $ 12,004 $ Task 7 - Geometric Approval Drawings 4 4 1,172 $ 26,124 $ 28,736 $ -$ 29,908 $ 29,908 $
7.1 Geometic Drawings 4 4 1,172 $ 26,124 $ 28,736 $ 29,908 $ 29,908 $ 352,894 $
Task 1 - Project Management 24 15 39 9,057 $ 22,968 $ 25,265 $ -$ 34,322 $ 34,322 $
1.1 Project Management 9 9 2,637 $ 9,736 $ 10,709 $ -$ 13,346 $ 13,346 $
1.2 Meetings and Schedule 8 8 16 3,424 $ 8,894 $ 9,784 $ -$ 13,208 $ 13,208 $
1.3 Coordination with Sub-consultants and Agencies 7 7 14 2,996 $ 4,338 $ 4,772 $ -$ 7,768 $ 7,768 $ Task 2 - Survey -$ 5,519 $ 6,071 $ -$ 6,071 $ 6,071 $
2.3 Aerial Survey and Design Topo -$ 5,519 $ 6,071 $ 6,071 $ 6,071 $ Task 3 - Utility Coordination (T&M) -$ 17,825 $ 19,608 $ - $ 19,608 $ 19,608 $
3.1 Data Compilation / Site Visit -$ -$ -$ -$ -$ -$
3.2 Utility Conflict Mapping / Utility Relocation -$ 7,075 $ 7,783 $ -$ 7,783 $ 7,783 $
3.3 Utility Potholing -$ 10,750 $ 11,825 $ -$ 11,825 $ 11,825 $ Task 10 - Final Plans, Specifications, & Cost Estimate 36 24 12 8 40 60 8 188 47,516 $ 223,070 $ 245,377 $ -$ 292,893 $ 292,893 $
10.1 Street and Drainage Improvement Plans 16 16 32 9,152 $ 192,579 $ 211,837 $ 220,989 $ 220,989 $
10.2 CVWD Irrigation Improvement Plans -$ -$ -$ -$ -$
10.3 Traffic Signal Modification Plans and Advanced 4 8 40 8 60 13,300 $ -$ -$ 13,300 $ 13,300 $
10.4 Signing and Striping Plans -$ 11,553 $ 12,708 $ 12,708 $ 12,708 $
10.5 Street Light Plans 8 12 60 80 20,488 $ -$ -$ 20,488 $ 20,488 $
10.6 Specifications 4 4 8 2,288 $ 7,090 $ 7,799 $ 10,087 $ 10,087 $
10.7 Cost Estimate 4 4 8 2,288 $ 11,848 $ 13,033 $ 15,321 $ 15,321 $ 68,763 $
Task 11 - Right-of-Way 36 24 8 68 17,196 $ 46,878 $ 51,566 $ -$ 68,762 $ 68,763 $ Avenue 52 Street Improvement Project (CIP No. ST2204)
City of Indio
PHASE I - Project Approval and Environmental Documents (PA&ED) PHASE II - Final Plans, Specifications, and Estimate (PS&E) PHASE III - Right of Way Acquisition
AGENDA ITEM #9.9
Professional Services Agreement with Albert A. Webb Associates in the no...Page 206 of 324 City of Indio
City Council
March 1, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Sabdi Sanchez, City Clerk Administrator
Subject: Filling the City Treasurer Vacancy Pursuant to Government Code Section 36512(b)
RECOMMENDATION:
It is recommended that the City Council fill the City Treasurer Vacancy by Appointment
SUMMARY:
City Treasurer Balvina Ramirez passed away on January 31, 2023, and the City Council was formally notified of Ms. Ramirez' passing at the regular City Council meeting on February 1, 2023. As a result, the City Council is charged to address the issue of fil ling the vacancy. Government Code Section 36512(b) requires the City Council to take an action within 60 days from the commencement of the vacancy. The City Council must take action by April 2, 2023.
BACKGROUND INFORMATION:
Ms. Ramirez was appointed on June 21, 2017 to fulfill the balance of an unexpired term vacated by former City Treasurer Sharon Ellis who resigned in May 2017. In November 2018, Ms. Ramirez ran for City Treasurer unopposed and served a short term of two years. In 2020, Ms. Ramirez ran again, and was elected to serve a full term of four years ending in November 2024 (Reso No. 10140).
Government Code Section 36512(b) sets forth the City Council's options for filling this vacancy (quoted in relevant part below):
"If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy... The special election shall be held on the next regularly established election date not less than 114 days from the call of the special election..."
A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent. Although the Government Code provides cities with the authority to adopt by ordinance certain other local procedures for filling vacancies, Indio has no local law or policy on the subject.
Accordingly, the City Council has sixty days following February 1, 2023 (on or before April 2, 2023) to either: 1) appoint a replacement City Treasurer, or 2) call a special election to fill the vacancy on a regularly established election date that is not less than 114 days from the date the resolution calling the election is adopted.
AGENDA ITEM #10.1
Filling the City Treasurer Vacancy Pursuant to Government Code Section 3... Page 207 of 324
State law does not specify a particular process for an appointment and there are a variety of ways in which an appointee can be selected.
The City Council can solicit resumes and statements of interest from residents who wish to be considered, or appoint someone directly. Here are some options to consider:
1. The City Council may designate an ad hoc committee of the City Council to review the resumes and make a recommendation to the entire Council;
2. The City Council could decide to have the entire City Council review the resumes and statements and schedule interviews during a duly noticed meeting, open to the public;
3. The City Council could seek out potential replacements without the formality of an application process; and/or
4. The City Council could appoint the Finance Director/Deputy City Treasurer who currently performs all the duties of the City Treasurer outlined in Government Code Section 41001-41007.
If the City Council chooses to hold a Special Election to fill the vacancy of the office of City Treasurer, the next regularly established elect ion date is November 7, 2023. The cost for holding that special election will be approximately $154,000.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$154,000 Strategic Objective:
Source of funds: General Fund - City Clerk
Elections Fund-Org-Object
Reference:
Additional Financial Details:
The amount is only an estimate by the County of Riverside Elections Office.
APPROVAL(S):
Steven Graham, City Attorney Approved - 17 Feb 2023
Bryan H. Montgomery, City Manager Approved - 21 Feb 2023
AGENDA ITEM #10.1
Filling the City Treasurer Vacancy Pursuant to Government Code Section 3... Page 208 of 324 City of Indio
City Council
March 1, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Jose Ramirez, Management Analyst
Subject: Authorize the City Manager to execute a new Operating Agreement with Bird Rides, Inc.
RECOMMENDATION:
Authorize the City Manager to execute the new Operating Agreement that will replace the current Pilot Agreement that is set to expire this month.
SUMMARY:
As we approach the expiration of the Pilot Agreement, we are pleased to present a new framework for our continued partnership with Bird Rides, Inc. The pilot program has been a resounding success, with positive feedback from both City staff and residents. This new agreement will ensure that we can sustain this mutually beneficial partnership for the benefit of all stakeholders.
BACKGROUND INFORMATION:
The City of Indio began negotiating on the new Operating Agreement in January 2023, so that the new agreement can continue our partnership with Bird Rides, Inc. The new Agreement has all of the same terms and conditions as the Pilot Agreement with an added profit -sharing arrangement where The City of Indio receives $0.10 per ride. The profit -sharing revenue will be received on a quarterly basis, with payments made within 30 days following the end of each preceding month. (These payments will be received in arrears, in accordance with the terms outlined in The Agreement). The City will continue to have instant access to all daily ride data via the interactive dashboard provided by Bird.
ALTERNATIVES:
Not approve the execution of the new Operating Agreement and let the Pilot Agreement continue for an additional 12 months, or end the partnership with Bird Rides, Inc.
ATTACHMENTS:
Attachment 1 - Indio Bird Pilot Agreement
Attachment 2 - BIRD - Indio, CA - Operating Agreement. 2.7.2023.docx Attachment 3 - Bird Summary
APPROVAL(S):
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 209 of 324 Steven Graham, City Attorney Approved - 17 Feb 2023
Samantha Lopez, Finance Manager Approved - 21 Feb 2023
Bryan H. Montgomery, City Manager Approved - 21 Feb 2023
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 210 of 324
PILOT OPERATING AGREEMENT
This Pilot Operating Agreement ( the " Agreement") is made and entered into on March 2, 2022by andbetween Bird Rides, Inc., located at 406 Broadway #369 SantaMonica, CA 90401 the " Company"), and City of Indio ( the " City") located at 100 Civic Center Mall, Indio, CA 92201.
1. Statement and Purpose
The purpose of this Agreement is to establish interim rules and regulations governing the pilot operation of a Stand-up electric scooter sharing systemwithin the City while this Agreement is in effect ( the " Pilot"), to authorize Company to undertake the Pilot in the City, and to ensure that the Pilot is consistent with the safety and well- being of bicyclists, pedestrians, and other users of the public rights -of -way.
2. Scope and Term
This Agreement and its terms apply to the proposeddeployment of Company' s Stand-up electric scooter sharing systemswithin City' s jurisdictional boundaries as permitted by the City herein.
Accordingly, City hereby permits Company to undertake and implement the Pilot within the jurisdictional boundaries of the City at no cost to the City, which said boundaries shall be determined by the City Manager or his designee. This Agreement and the Pilot shall remain in effect for a period of twelve ( 12) months, which shall expire on March 2, 2023. The City may extendthe term of this Agreement andthe Pilot for an additional successivetwelve-month period at the sole discretion of the City. Notwithstanding, either party may terminate this Agreement and Pilot on 30 days written notice.
3. Procedures
Upon effectivenessof this Agreement, Company shall provide anaffidavit of compliance with the terms of this Agreement and comply with the insurance and indemnification provisions herein.
Company shall comply with all the laws and regulations applicable to Stand-up electric scooter sharing devices and systems including but not limited to those laws and regulations under the State of California Assembly Bill No. 2989, which amendedSection 21235 of the California Vehicle Code, and State Law ( Vehicle Code 22411), which states no person shall operate a motorized scooter at a speed in excess of 15 mph.
4. Operating Regulations
a. Company, and/or its serviceproviders, agentsor assigns, shall be responsiblefor operating a Stand-up electric scooterprogram in the City with the below requirements. b. Stand-up electric scootersshall mean a device weighing less than 150pounds, that has (i) has handlebars and an electric motor, ( ii) is solely powered by the electric motor and/or human power, and (iii) has a maximum speedof no more than 15 mph on a paved level surface when powered solely by the electric motor, and (iv) is of the style or make as set forth in Exhibit A.
Company shall ensurethat the Stand-up electric scootersdeployed in the City are maintained in an operational manner consistent with industry standards and regularly cl es- 1 ITEM NO.~.-. q. ;
PROJECT CODE' S
RETENTION ' C-CIDE7 i• C
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 211 of 324 C. Stand-up electric scooters are to be ridden on streets, and where available, in bike lanes andbike paths, in accordancewith the provisions of the Vehicle Code. Stand-up electric scooters areto stay to the right of streetlanes and to offer the right of way to bicycles in bike lanesand on bike paths. Users of Stand-up electric scooters shall be 18 or older. Users of Stand-up electric scooters who violate these provisions or any applicable State or local laws may be issued citations and fined by City.
d. Company shall provide easily visible contact information, including toll -free phone number and/or e-mail addresson eachStand-up electric scooterfor membersof the public to make relocation requests or to report other issues with devices. e. Company's Stand-up electric scooterswill be made available to rent 24 hours a day. City may requestlimiting suchhours to between 4 a.m. to midnight ( local time) or other adjustments asnecessaryand Company shall make such adjustmentto the rental hours f. Company shall provide no more than three hundred (300) Stand-up electric scooters at launch of the Pilot. The City or Company may requestan increaseto the fleet and the number of additional electric scooterspermitted shall be approvedby the City Manager in his solediscretion. g. City may requestdatafrom Company on amonthly basisto determine anddemonstratethe utilization rate of Stand- up electric scooters in Company' s fleet, pursuant to Section 7. h. Company shall assigna City Relationship Manager to the City, whom shall be the point of contact for the implementation of this Agreement. Company shall provide to the City the contact information for suchperson.
5. Parking
a. Users of Stand-up electric scootersshall park devices upright in the furniture zone of the sidewalk, beside a bicycle rack or in another area specifically designated for bicycle parking, or on the street next to an unmarked curb.
b. Usersshall not park Stand-up electric scootersin such amanner asto block the pedestrian clear zoneareaof the sidewalk; block any fire hydrant, call box, or other emergencyfacility; block accessto bus benches, bus stops or areaswhere rides wait to get one/off the bus, loading zones marked by a yellow or white curb or blue accessiblecurbs or parking spaces; or block utility pole or box.
C. Users shall not park Stand-up electric scootersin such a manner asto impede or interfere with the reasonableuseof any commercial window display or accessto or from any building. d. Usersshall not park Stand-up electric scootersin such a manner as to impede or interfere with the reasonableuseof any bicycle rack or news rack. e. Users may park Stand-up electric scooters in on -street parking spacesin the following circumstances:
i. When marked parking spacesareofficially designatedstationsfor suchdevicesin the City; 2
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 212 of 324 ii. Where the furniture zone is less than three feet wide; iii. Where there is no furniture zone;
iv. In neighborhoods with rolled curbs, or with inadequate sidewalk space; V. In marked parking spaces designated for motorcycles. f. Usersmay park Stand-up electric scooterson blocks without sidewalks only if the travel lane(s) and 6-foot pedestrianclear zone are not impeded. g. Users shall not park Stand-up electric scooters in the landscape/furniture zone directly adjacent to or within the following areas, such that access is impeded or obstructed:
i. Transit zones, including bus stops, shelters, passengerwaiting areasand bus layover and staging zones, except at existing bicycle racks;
ii. Loading zones;
iii. Disabled parking zone;
iv. Street furniture that requires pedestrian access ( e. g., benches, parking pay stations, bus shelters, transit information signs, etc.);
V. Curb ramps;
vi. Entryways; and
vii. Driveways.
h. Users of Stand-up electric scooterswho violate theseprovisions may be issued citations and fined by City.
i. Companymay deploy andstageits Stand-up electric scootersin thepermitted parking areas asdescribedin this section, unlessthe City informs Company otherwise in writing. To the extent Company desiresto stage stand-up electric scootersin areasother than the public right- of-way, Company must first obtain the right to do sofrom the appropriateCity department, property owner, or public agency. Notwithstanding, Company shall not deploy and stage its stand-up electric scooters in a manner that violates the Americans with Disabilities Act (" ADA") requirements or impedesADA accessor pathsof travel nor shall its devicesbe deployed in any location prohibited by the City after the City provides Company notice that the location is prohibited. j. The City may establish special parking, no -ride zones, speedzones, or other areaswhere riding and/or parking restrictions may apply. These locations may either be permanent or temporary. The City may request that the Company mark or geofencethese areasand make that information available through its smartphone app. The City may also limit the total number of allowable stand-up electric scooters in certain districts or areas. The City may require that the Companydirectridersto specifieddesignatedparkingareas (bike racks, city designatedparking
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 213 of 324 zones, or special areas for events). Geofencing must be integrated into the Operator's app within one week of notice from the City of Indio.
6. Operations
a. Company shall maintain 24-hour customer service for customers to report safety concerns, complaints, or to askquestions. Company shall maintain amultilingual website, call center, and/or mobile app customer interface that is available twenty-four hours a day, sevendays a week. The aforementioned shall be compliant with the Americans with Disabilities Act. b. In the event a safety or maintenanceissue is reported for a specific device, that Stand-up electric scooter shall be made unavailable to users and shall be removed within the timeframes provided herein. Any inoperableor unsafedevice shall berepairedbefore it is put back into service.
C. Company shall respondto reports of incorrectly parked Stand-up electric scooters, Stand- up electric scooters continuously parked in one location for more than 48 hours, or unsafe/inoperable Stand-up electric scooters, by relocating, re -parking, or removing the Stand-up electric scooters, asappropriate, within 24 hours of receiving notice that must include the location of the Stand-up electric scooter. Notwithstanding, Company shall respondandremedy incorrectly parked Stand-up electric scootersor remove devices that are inoperable within three (3) hours of being notified by the City Manager or his designee.
d. In an emergency situation where the public safety may be involved as determined by the City' s Chief of Police, Company, when notified by the Chief of Police or his designee, shall deactivate and remove all Stand-up electric scooterswithin a given areaand not re -deploy them until advisedto do so by the Chief of Police.
ofe. Company shall provide the appropriate number of fleet managers for the sanitation, maintenance, deployment, relocation and collection of the Stand-up electric scooters. The contact information for the fleet managers shall be provided to the City Manager or his designee.
Notwithstanding, Company shall be responsible at all times for the tasksof the fleet manager and the other obligations under this Agreement.
f. Company shall provide notice to all usersthat:
i. Stand-upelectricscootersareto beriddenonstreets, andwhereavailableandlegal, in bike lanesand bike paths;
ii. Stand- up electric scooters are not to be ridden on sidewalks. iii. Stand-up electric scootersareto stayto the right of streetlanesandto offer the right of way to bicycles on bike lanes and bike paths;
iv. Helmets are encouraged for all users;
V. Parking must be done in the designatedareas; and
vi. Riding responsibly is encouraged.
4
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 214 of 324 g. Stand-up electric scooter riders are required to take a photo whenever they park their scooter at the end of a ride.
h. Company shall provide education to Stand-up electric scooter riders on the City' s existing rules and regulations, safe and courteous riding, and proper parking.
7. Data Sharing
a. Upon request by the City Manager or his designee, Company shall provide anonymized fleet andride activity datafor all trips starting or ending within thejurisdiction of City with regard to the Stand-up electric scooters Company or of anypersonor company controlled by, controlling, or under common control with Company, provided that, to ensureindividual privacy such data is provided via an application programming interface, subject to Company's license agreementfor such interface, in compliance with a national data format specification such as the Mobility Data Specification.
b. At the requestof the City, suchdata shall include but not be limited to: ( i) total number of Stand-up electric scooters in service; ( ii) total number of Stand-up electric scootersout of service; iii) total unique usersby month; (iv) trip number by day, week andmonth; (v) detailed aggregate trip origin/ destination information; ( vi) averagetrip length; (vii) averagetrip duration (time); ( viii) total miles ridden; ( ix) total number of rentals; ( x) summary of theft/vandalism andresolution; (xi) summary of Stand-up electric scooters maintenance activities. Company will also gather and report to City data on community benefits, such as calories burned and reduction in greenhouse gas emissions.
8. Indemnification
Company shall indemnify, defend and hold harmless the City, its elected officials, officers, employees, agenda and volunteers ( collectively " City") from and against all actions, damages, claims, demands, liabilities, losses, fines, penalties, costs and expenses, including attorneys' fees and amountspaid in compromise, settlementor judgment, which may be claimed or assertedby a third party againstthe City arising out of, in connection with, or arein any way relatedto the Pilot or which result from any wrongful acts, errors, omissions, negligenceor misconduct of Company including Company's performance under this Agreement, Company' s business conduct and operations, or any violation of any laws by the Company, or any bodily injury including deathor damageto property arising out of or in connection with any placementor misplacement, including but not limited to placementor misplacementresulting in allegedviolations of the Americans with Disabilities Act ( ADA), of Company's Stand-up electric scooters, devices, property or equipment, exceptthat the foregoing indemnification obligations shall not extend to actions, damages, claims, demands, liabilities, losses, fines, penalties, including related costs and expenses, to the extent arising out of or relating to the sole negligenceor willful misconduct of the City.
Company will conduct all defensesat its solecostandexpenseusing counselselectedby Company such counsel to be subject to City' s reasonable approval, which such approval is not to be unreasonablywithheld). This indemnity shall apply to all claims andliability regardlessof whether any insurancepolicies of the Company, its affiliates or any other parties are applicable thereto.
The policy limits of any insuranceof Company, its affiliates or other parties are not a limitation E
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 215 of 324 upon the obligation of Company, including without limitation, the amount of indemnification to beprovided by Company. With respectto claims where fault of both City andCompany is alleged, in the event of any disputebetweenCompany andCity asto whetherliability arisesfrom the City' s sole negligenceand/or willful misconduct, Company shall be obligated to pay for City' s defense until suchtime asa final judgmenthasbeenenteredadjudicatingthe City assolely engagedin negligence and/or willful misconduct (at which point City shall be responsible for reimbursing Company for any such costs incurred in connection with the defense thereof). All duties of Company under this section shall survive termination of this Agreement in accordance with the applicable statute of limitations. Solely as used in this Section 8, Company shall include Company' s officers, managers, employees, contractors ( including but not limited to its fleet managers), independentlogistics providers, serviceproviders, agents, assignsandvolunteers.
9. Insurance
Company shall at all times during theterm of this Agreement carry, maintain andkeepin full force and effect, insurance as follows: ( a) Commercial General Liability insurance coverage with a limit of no less than $ 1,000, 000. 00 each occurrence and $ 5, 000, 000. 00 aggregate; ( b) Automobile Insurance coverage with a limit of no less than $ 1, 000, 000. 00 each occurrence and $ 1,000, 000. 00 aggregate; ( c) Umbrella or Excess Liability coverage with a limit of no less than $ 5,000, 000.00 eachoccurrence/aggregate; and (d) Workers' Compensationcoverageof no lessthan the statutory requirement. Company shall further comply with the additional insurancerequirements setforth in Exhibit B.
10. Delivery of Notices
a. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other addressasthe respective parties may provide in writing for this purpose:
City:
City of Indio
100 Civic Center Mall
Indio, CA 92201
Attn: Bryan Montgomery
City Manager
Phone: 760. 391. 4015
E- mail: bmonteomervrindio. ore
Company:
Bird Rides, Inc.
406 Broadway, Suite # 369
Santa Monica, CA 90401
Attn: Legal Department
Phone:
E- mail: birdlegalabird. co
b. Such notice shall be deemed made when personally delivered or when mailed, forty- eight 48) hours after deposit in the U. S. Mail, first class postageprepaid and addressedto the Party at its applicable address. Electronic mail correspondence shall also constitute written notice. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 216 of 324
11. Exclusivity
a. This designation may not be assigned or transferred to any other party. The parties acknowledgethat Company may utilize independentbusinesslogistics providers to facilitate local operations. Company's useof theselogistics providers doesnot constitute atransfer or assignment of this Agreement, and Company remains responsible for all obligations and requirements under this Agreement. In thehiring of independentlogistics providers, Companywill make all reasonable efforts to hire individuals from within the City' s boundaries. b. This section shall not apply to the private sale or rental of Stand-up electric scooters, provided that such scootersare not placed in the public right-of-way for sharedpublic use.
C. No exclusivity is imputed or implied as to the market for shared mobility services generally, and this agreement and designation shall not apply to the operation of any shared mobility service with any vehicle other than Stand- up electric scooters.
12. Miscellaneous Provisions
This Agreement and Pilot does not prevent the City from adopting any ordinance, regulation or rule governing the operation, parking and/or maintenanceof Stand-up electric scootersand if so adopted the Pilot shall comply with such ordinance, regulation or rule notwithstanding the provisions of this Agreement.
EXECUTED this dayofA4" 2022, at Indio, California. ATTEST:
CYNTHIA
HERNANDE City
ClerkCITY
OF INDIO4v_
A
H. M NTGOMEY City
anager 7
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 217 of 324 APPROVED AS TO FORM:
4RXANNEDIA! t'
City Attomey
COMPANY: BIRD RIDES, INC.
Name: Austin Marshburn
Title: Head of City & University Partnerships
Name:
Title:
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 218 of 324
EXHIBIT A
STYLE OR MAKE OF STAND- UP ELECTRIC SCOOTERS
A fie ltmcryptbn
Enfwnced encryption
Wsepsour rialas safe
aM helps deter theft.
Indu. byJ lo^ g.. t ImtlnO battery
Amomotbe- gratle banery
manogement system
Aubmrmu. damage . man
Sell- rep. Nng damage sensors
and outomouve- hspired
diagnostic technology.
peseu... p. oalt`..
Tires feature
puncture - proof
technec, . lUgrar
tracdonand
deve rsed vibration
BirdTwo
rn.
eq, e
bhp
SteeftImprovedsteeringgeometry
otters Increased stability anal
rasponsbenass m 0 speeds.
SwMn..
Protection against Injury and
draft With no exposed screws.
aViV. r epe.. ele
Y eovrp dlny
vNw.. emtww
y.. adg4. YO. Yy
rrW. yoMVM .
Wer
parlarrnmc.
A rear motor gin B1rd Two
taster accelendlon and more
central In critical situations.
ang- tlpsphigltlelutmd
A dual ontl- tipping
WC" Wnd keep. city
streem clutter - free.
Slew"
wOO. t• eN M / PJ\
tiYOti. tVJ. rt> YV OMr)
YM11pY0\' c\ NN
T\ i•• l YhE. Y • l v w" M
f•rtJ. aMaV.eeMJ'w
Duce n o. u .
7
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 219 of 324
EXHIBIT B
CITY' S ADDITIONAL INSURANCE PROVISIONS
A. Acceptability of Insurers. All insurance policies required by this Agreement shall be issued by an insurer authorized by the Stateof California to transactbusinessof insurancewith a rating of at least a B+; VII in the latest edition of Best' s Insurance Guide or by an insurer acceptable to the City' s Risk Manager.
B. Evidence of Insurance. Company shall provide certificates of insuranceto City asevidence of the insurance coverage required herein. Insurance certificates and endorsements must be approvedby the City' s Risk Managerprior to commencementof performance. Current certificates of insuranceshall be kept on file with the City Clerk at all times during theterm of this Agreement.
City reserves the right to require complete, certified copies of all required insurance policies, at any time.
C. Additional Insured Status. The commercial general and automobile liability policies shall provide or be endorsedto provide that the City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
D. Primary and Non -Contributing. The insurancepolicies provided by Company shall apply on a primary non- contributing basis in relation to any other insurance or self- insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excessof Company's insuranceand shall not contribute with it.
E. Company's Waiver of Subrogation. The insurance policies provided by Company shall not prohibit Company andCompany's employees, agentsor subcontractorsfrom waiving the right of subrogation prior to a loss. Company hereby waives all rights of subrogation againstCity.
F. Self - insured Retentions. Any self -insured retentions must be declaredto and approvedby the City' s Risk Manager. The City reservesthe right to require that self -insured retentions be eliminated, lowered, or replacedby a deductible. Self-insurancewill not be consideredto comply with thesespecifications unlessapprovedby the City' s Risk Manager.
G. Cancellations or Modifications to Coverage. Company shall not cancel, reduce or otherwise modify theinsurancepolicies required by this Sectionduring theterm of this Agreement.
The commercial general and automobile liability policies required under this Agreement shall be endorsedto statethat should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavorto mail 30 days' prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Company shall, within two businessdays of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changesto the policy.
H. City Remedyfor Noncompliance. If Company doesnot maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Company' s policies do not comply with the requirements under this Section, City 10
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 220 of 324 may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but hasno duty to, take out the necessaryinsuranceandpay, at Company's expense, the premium thereon. Company shall promptly reimburse City for any premium paid by City or City may withhold amountssufficient to pay the premiums from paymentsdue to Company.
I. Timely Notice of Claims. Company shall give the City prompt andtimely notice of claims made or suits involving allegations against the City that arise out of or result from Company's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
J. Indemnity Requirements not Limiting. Procurement of insurance by Company shall not be construedas a limitation of Company's liability or asfull performance of Company's duty to indemnify City under Section 9 of this Agreement.
11
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 221 of 324 A 0® CERTIFICATE OF LIABILITY INSURANCE
oar0 /
2022
rYYY)
o3104, 2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONALINSURED, the policy( les) must have ADDITIONALINSUREDprovisions or be endorsed.
If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER
MARSH RISK & INSURANCE SERVICES
FOUR EMBARCADERO CENTER, SUITE 1100
CALIFORNIA LICENSE NO. 0437153
SAN FRANCISCO, CA 94111
CONTACT
NAME:
j
WC
PHONE-
9- 9 ): I ( A/ , No):
E- MAIL
ADDRESS:
INSURER( S) AFFORDING COVERAGE NAIC #
INSURER A: Apollo Syndicate Management LtdCN120046401-- GAWU- 20- 22 INSUREDBirdRides,
Inc. INSURER B : ScottsdaleIndemnity Ins Co 15580 406
Broadway #369 INSURER C : N/ A NIA Santa
Monica, CA 90401-2314 INSURER
D INSURER
E : INSURER
F : COVERAGES
CERTIFICATE NUMBER: SEA- 003817596-01 REVISION NUMBER: 2 THIS IS TOCERTIFYTHAT THE POLICIESOF INSURANCELISTED BELOW HAVE BEEN ISSUEDTO THEINSUREDNAMED ABOVE FOR THE POLICYPERIOD INDICATED.
NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITIONOF ANY CONTRACTOR OTHERDOCUMENTWITH RESPECTTO WHICHTHIS CERTIFICATE
MAY BE ISSUEDOR MAY PERTAIN, THE INSURANCEAFFORDED BY THE POLICIESDESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONSOF SUCHPOLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCEDBY PAIDCLAIMS. INSR LTR
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EXP ( Any one person) S NIA Xi SIR $250, 000 1
PERSONAL & ADV INJURYIS 5, 000,000 GENERAL
AGGREGATE S 5, 000,000 GEN'L AGGREGATELIMIT APPLIESPER: X POLICY7 PRO-
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l LOC PRODUCTS - COMPIOP AGG_ S 5, 000,000 SIR
S 250, 000 OTHER:
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UMBRELLALIAB X OCCURBOWCN2150095 06/ 011202106/ 0112022EACH OCCURRENCEIs 5, 000,000 AGGREGATE s 5, 000,000 EXCESSLIAB CLAIMS - MADE I
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L. EACHACCIDENTMandatory
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DESCRIPTION
OF OPERATIONSr LOCATIONSr VEHICLES (ACORD 101, AdditionalRemarks Schedule, may be attachedIt morespace Is required) City of Indiais includedas additionalinsured where requiredby writtencontractwith respectto GeneralLiability and AutoLiability. CERTIFICATE HOLDER CANCELLATION City
of IndioSHOULD ANY OF THE ABOVEDESCRIBEDPOLICIES BE CANCELLEDBEFORE 100 CivicCenterMall, THE EXPIRATIONDATE THEREOF, NOTICE WILL BE DELIVEREDIN Indio, CA 92201ACCORDANCE WITH THE POLICYPROVISIONS. AUTHORIZED REPRESENTATIVE u
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a Ra194w Qi c SM&a 1988-
2016 ACORDCORPORATION. All rightsreserved. ACORD
25 ( 2016103) The ACORDname and logo are registeredmarks of ACORD
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 222 of 324 AGENCY CUSTOMER ID: CN120046401
ACC> o®
ka.
LOC #: San Francisco
ADDITIONAL REMARKS SCHEDULE Page 2 of
AGENCY
MARSH RISK & INSURANCE SERVICES
NAMED INSURED
Bird Rides, Inc.
406 Broadway #369
Santa Monica, CA 90401- 2314POLICY NUMBER
CARRIER NAIC CODE
EFFECTIVE DATE:
l; 111_9
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance TheGeneralLiabilityandUmbrellaLiabilitypoliciesevidencedabovearesubjectto self -insuredretentionsforvariousperilsinsured.
ACORD 101 ( 2008101) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 223 of 324 C. LIABILITY COVERAGE EXTENSIONS — SUPPLEMENTARY PAYMENTS Under subsection A. Coverage, paragraph 2. Coverage Extensions, subparagraph a.
Supplementary Payments, paragraphs ( 2) and (4) are replaced by:
2) Up to $ 2,500 for cost of bail bonds ( including bonds for related traffic law violations) required because of an " accident" we cover. We do not have to furnish these bonds. 4) All reasonable expenses incurred by the " insured" at our request, including actual loss of earnings, up to five hundred dollars ($ 500) a day because of time off from work.
D. PREJUDGMENT INTEREST COVERAGE
The following is added to subsection A. Coverage, paragraph 2. Coverage Extensions, subparagraph a. Supplementary Payments:
We will pay for the " insured" prejudgment interest awarded against the " insured" on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer.
E. AMENDMENT OF FELLOW EMPLOYEE LIABILITY EXCLUSION
Under subsection B. Exclusions, paragraph S. Fellow Employee does not apply if the " bodily injury" results from the use of a covered " auto" you own or hire. The insurance provided under this provision is excess over any other collectible insurance.
F. ADDITIONAL INSURED BY CONTRACT, PERMIT OR AGREEMENT
The following is added to Section A. Coverage, paragraph 1. Who Is An Insured:
Any person or organization whom you are required to add as an additional insured under a written contract, written agreement or written permit currently in effect or becomes effective during the term of the policy and executed prior to the " bodily injury" or " property damage" occurrence is an " insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an " insured" under paragraph 1. Who Is An Insured, of subsection A. Coverage, SECTION II --- COVERED AUTOS LIABILITY COVERAGE.
II. SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows:
A. HIRED CAR PHYSICAL DAMAGE
The following is added to subsection A. Coverage:
If hired " autos" are covered " autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss or Collision Coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the following limit and applicable deductible:
The most we will pay for any one "accident" or "loss" to any hired "auto" is the lesser of:
1. The actual cash value of the hired " auto." An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss";
2. The cost to restore the hired "auto" to its "pre -accident physical condition"; or
3. $ 50, 000.
If a repair or replacement part restores the hired " auto" to better than its " pre -accident physical condition," we will not pay for the amount of the " betterment." CAI- BH- 1 ( 1- 17) Page 3 of 8
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BOWRING MARSH
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CTB
BLANKET ADDITIONAL INSUREDS WITH PRIMARY
AND NON- CONTRIBUTORY WORDING
This endorsement modes insurance under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SECTION II - WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement:
1) is currently in effect or becomes effective during the term of this Coverage Part; and 2) was executed prior to:
a) the " bodily injury" or " property damage"; or
b) the offense that caused the " personal and advertising injury", for which such additional insured seeks coverage.
However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
1) a higher limit of insurance than required by such contract or agreement; or 2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below.
Any coverage granted by this endorsement shall apply only to the extent permissible by law A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for "bodily injury", "property damage" or personal and advertising injury" arising out of:
1. such person or organization' s financial control of a Named Insured; or
2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.
B. Co- owner of Insured Premises
A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner' s liability for " bodily injury", " property damage" or personal and advertising injury" as co-owner of such premises. 6009' B419rtd09.' 00 M WCN21507"
Marsh Limited
6409 MARSHIIIIIIIIIIIII.II:IILIIIIIL.,ILI''IIII..ISliiIll M
AGENDA ITEM #10.2
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CTB
C. Grantor of Franchise
Any person or organizationthat has granted a franchiseto a Named Insured, but only with respect to such person or organization' s liability for " bodily injury", " property damage" or personal and advertising injury" as grantor of a franchise to the Named Insured.
D. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for " bodily injury", " property damage" or " personal and advertising injury" caused, in whole or in part, by the Named Insured' s maintenance, operation or use of such equipment, provided that the " occurrence" giving rise to such " bodily injury", " property damage" or the offense giving rise to such " personal and advertising injury" takes place prior to the termination of such lease.
E. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for " bodily injury", " property damage" or " personal and advertising injury" arising out of the ownership, maintenance or use of such land, provided that the " occurrence" giving rise to such " bodily injury", " property damage" or the offense giving rise to such " personal and advertising injury" takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.
F. Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessor' s real estate manager, but only with respect to liability for " bodily injury", " property damage" or personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the " occurrence" giving rise to such "bodily injury" or "property damage", or the offense giving rise to such "personal and advertising injury", takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.
G. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver' s liability for " bodily injury", " property damage" or " personal and advertising injury" arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured.
The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.
61098819+ 6809a0509BOW CN2160Ta5
Marsh limited
6408 IIDIIIIIIIIIIDBIIIIIII II M MARSH
8 C 0 0 4 1 6 9 2 8 0 0 5
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CTB
H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision' s liability for " bodily injury", " property damage" or "personal and advertising injury" arising out of:
1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies:
a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or
b. the construction, erection, or removal of elevators; or C. the ownership, maintenance or use of any elevators covered by this insurance; or
2. the permitted or authorized operations performed by a Named Insured or on a Named Insured' s behalf.
The coverage granted by this paragraph does not apply to:
a. " Bodily injury", " property damage" or " personal and advertising injury" arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or
b " Bodily injury" or "propertydamage" included within the "products -completed operations hazard".
With respect to this provision' s requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured.
I. Trade Show Event Lessor
1. With respect to a Named Insured' s participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liabilityfor "bodily injury", "propertydamage" or "personaland advertising ink- 11y" caused by:
a. the Named Insured' s acts or omissions; or
b. the acts or omissions of those acting on the Named Insured' s behalf, in the performance of the Named Insured' s ongoing operations at the trade show event premises during the trade show event.
2. The coverage granted by this paragraphdoes not apply to "bodilyinjury" or property damage" included within the " products -completed operations hazard" baa96" 14' 60a9. Ea50 MCN21W7M
Marsh Limited
6409 19IMIllllIIIIIII,IIIIiIIU.lUlllMARSH
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BOWRING MARSH
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CTB
J. Vendor
Any person or organization but only with respect to such person or organization' s liability for bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of such person or organization' s business, provided that:
The coverage granted by this paragraph does not apply to:
a. " bodily injury" or " property damage" for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement;
b. any express warranty unauthorized by the Named Insured; C. any physical or chemical change in any product made intentionally by such person or organization;
d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
f. demonstration, installation, servicingor repair operations, except such operations performed at such person or organization' s premises in connection with the sale of a product;
g. products which, after distribution or sale by the Named Insured, have been labelled or relabelled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or h. " bodily injury" or "property damage" arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
1) the exceptions contained in Subparagraphs d. or f. above; or 2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.
2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products.
3. This Paragraph J. also does not apply:
a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part;
b. to any of "your products" for which coverage is excluded by endorsement to this Coverage Part; nor
C. if "bodily injury" or "property damage" included within the "products -completed operations hazard" is excluded by endorsement to this Coverage Part. 64096" 146a09E0509BOW CN21501a5
Marsh Limited
09 IIIIIIII IIII_IIII,ILII, IIII,,IIII M MARSH
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K. Other Person Or Organization / Your Work
Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for " bodily injury", " property damage" or " personal and advertising injury' for which such additional insured is liable because of the Named Insured' s acts or omissions.
The coverage granted by this paragraph does not apply to any person or organization:
1. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; nor
2. for " bodily injury" or " property damage" included within the " products -completed operations hazard" except to the extent all of the following apply:
a. this Coverage Part provides such coverage;
b. the written contract or agreement described in the opening paragraph of this Additional Insureds Endorsement requires the Named Insured to provide the additional insured such coverage; and
C. the " bodily injury" or " property damage" results from " your work" that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part.
ADDITIONAL INSURED — PRIMARY AND NON- CONTRIBUTORY TO ADDITIONAL
INSURED' S INSURANCE
A. The following paragraph is added to SECTION IV, COMMERCIAL GENERAL LIABILITY CONDITIONS, item 4 Other Insurance:
If the Named Insured has agreed in writing in a contract or agreement that this insurance is primaryand non-contributory relativeto an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this provision, the additional insured' s own insurance means insurance on which the additional insured is a Named Insured.
B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K of this endorsement, the following sentenceis added to the paragraph above:
Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance providedto such person or organizationis excess of any other insurance available to such person or organization.
All other terms and conditions of this policy remain unchanged.
M09, a" 196 M00509BOWCN2 I W765
Marsh Umded
6409 1111111IIIIIIIIf91ll,11,11.1II111111:1 M MARSH
AGENDA ITEM #10.2
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OPERATING AGREEMENT
ThisOperatingAgreement(the“Agreement”)ismadeandenteredintothis_________,byandbetweenBirdRides,Inc.,locatedat406Broadway#369SantaMonica,CA90401(the“Company”),andCityofIndio (the “City”) located at 100 Civic Center Mall, Indio, CA 92201.
1.Statement and Purpose
ThepurposeofthisAgreementistoestablishinterimrulesandregulationsgoverningtheoperationofastand-upelectricscootersharingsystemwithintheCitywhilethisAgreementisineffect,andtoensurethatoperationsareconsistentwiththesafetyandwell-beingofbicyclists,pedestrians,andotherusersofthe public rights-of-way.
2.Scope
ThisAgreementanditstermsapplytoanyproposeddeploymentofstand-upelectricscootersharingsystemswithinCity’s jurisdictionalboundaries.Nopersonshalldeploya stand-upelectricscootersharingsystemintheCityinviolationofthisAgreement.ThisAgreementshallremainineffectforaperiodoftwelve(12)months,whichshallexpireon_____2024.ThisAgreementcanrequestarenewforoneadditionalsuccessivetwelve-monthperiod,whichshallexpireon____2024,if theCompanyprovideswrittennoticeon its intentionto renewat leastninety(90)dayspriorto theendofthethen-currentterm.TheCitywillprovidetheCompanya responsewithinthirty(30)daysofwrittennoticeif it intendstorenewtheAgreementforanadditionaltwelve-monthperiod.TheCitymay, bywrittennoticeto theCompany, terminatethewholeoranypartofthisAgreementatanytimeandwithoutcausebygivingwrittennoticetoCompanyofsuchtermination,andspecifyingtheeffectivedate thereof, at least thirty (30) days before the effective date of such termination.
3.Procedures
UponeffectivenessofthisAgreement,CompanyshallprovideanaffidavitofcompliancewiththetermsofthisAgreementandprovideappropriateindemnification.CompanyandAgreementshallcomplywithallthelawsandregulationsundertheStateofCaliforniaAssemblyBillNo.2989,whichamendedSection21235oftheCaliforniaVehicleCode,andStateLaw(VehicleCode22411),whichstatesnoperson shall operate a motorized scooter at a speed in excess of 15 mph.
4.Operating Regulations
a. Company, and/oritsserviceproviders,agentsorassigns,shallberesponsibleforoperatingaStand-up electric scooter program in the City with the below requirements.b. Stand-upelectricscootersshallmeana deviceweighinglessthan150pounds,thathas(i)hashandlebarsandanelectricmotor, (ii)is solelypoweredbytheelectricmotorand/orhuman 1
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 230 of 324 power, and(iii)hasa maximumspeedofnomorethan20mphonapavedlevelsurfacewhenpowered solely by the electric motor.c. Exceptas otherwiseprovidedherein,Cityshallregulatetheoperationof Stand-upelectricscooters in a manner no more restrictive than City’s regulation of bicycles.d. Stand-upelectricscootersaretoberiddenonstreets,andwhereavailable,inbikelanesandbikepaths.Stand-upelectricscootersaretostaytotherightofstreetlanesandtooffertherightofwaytobicyclesinbikelanesandonbikepaths.UsersofStand-upelectricscootersshallbe18orolder. UsersofStand-upelectricscooterswhoviolatetheseprovisionsmaybefinedbyCityconsistent with fines for cyclists.e. Companyshallprovideeasilyvisiblecontactinformation,includingtoll-freephonenumberand/ore-mailaddressoneachStand-upelectricscooterformembersofthepublicto makerelocation requests or to report other issues with devices.f. Company’s Stand-upelectricscooterswillbemadeavailabletorent24hoursaday. Citymayrequestlimitingsuchhourstobetween4 a.m.tomidnight(localtime)orotheradjustmentsasnecessary.g. CitymayrequestdatafromCompanyona monthlybasisto determineanddemonstratetheutilization rate of vehicles in Company’s fleet, pursuant to Section 7.h. WhilethisAgreementisineffect,CompanyshallpayCityarevenue-shareofTenCents($0.10)perrideto helpactivetransportationimprovements.Companyshallpaytherevenue-sharetoHost on a quarterly basis, in arrears within thirty (30) days from the end of the preceding month.
5.Parking
a. Usersof Stand-upelectricscootersshallparkdevicesuprightin thefurniturezoneof thesidewalk,besideabicyclerackorinanotherareaspecificallydesignatedforbicycleparking,oron the street next to an unmarked curb.b. UsersshallnotparkStand-upelectricscootersinsuchamannerastoblockthepedestrianclearzoneareaofthesidewalk;anyfirehydrant,callbox,orotheremergencyfacility;busbench;orutility pole or box.c. UsersshallnotparkStand-upelectricscootersinsuchamannerastoimpedeorinterferewiththe reasonable use of any commercial window display or access to or from any building.d. UsersshallnotparkStand-upelectricscootersinsuchamannerastoimpedeorinterferewiththe reasonable use of any bicycle rack or news rack.e. UsersmayparkStand-upelectricscootersin on-streetparkingspacesin the followingcircumstances:i. Whenmarkedparkingspacesareofficiallydesignatedstationsforsuchdevicesinbusiness districts;ii. Where the furniture zone is less than three feet wide;iii. Where there is no furniture zone;iv. In neighborhoods with rolled curbs, or with inadequate sidewalk space;v. In marked parking spaces designated for motorcycles. 2
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 231 of 324 f. UsersmayparkStand-upelectricscootersonblockswithoutsidewalksonlyifthetravellane(s)and 6-foot pedestrian clear zone are not impeded.g. UsersshallnotparkStand-upelectricscootersinthelandscape/furniturezonedirectlyadjacentto or within the following areas, such that access is impeded:i. Transitzones,includingbusstops,shelters,passengerwaitingareasandbuslayoverandstaging zones, except at existing bicycle racks;ii. Loading zones;iii. Disabled parking zone;iv. Streetfurniturethatrequirespedestrianaccess(e.g.,benches,parkingpaystations,busshelters, transit information signs, etc.);v. Curb ramps;vi. Entryways; andvii. Driveways.h. UsersofStand-upelectricscooterswhoviolatetheseprovisionsmaybefinedbyCityconsistentwith fines for cyclists.i. CompanymaystageitsStand-upelectricscootersinpermittedparkingareasasdescribedinthissection.TotheextentCompanydesirestostageStand-upelectricscootersinareasotherthanthepublicright-of-way, Companymustfirstobtaintherightto dosofromtheappropriateCitydepartment, property owner, or public agency.
6.Operations
a. Companyshallmaintain24-hourcustomerserviceforcustomersto reportsafetyconcerns,complaints,or to askquestions.Companyshallmaintaina multilingualwebsite,callcenter,and/ormobileappcustomerinterfacethatis availabletwenty-fourhoursa day, sevendaysaweek. The aforementioned shall be compliant with the Americans with Disabilities Act.b. Intheeventasafetyormaintenanceissueisreportedforaspecificdevice,thatStand-upelectricscootershallbemadeunavailabletousersandshallberemovedwithinthetimeframesprovidedherein. Any inoperable or unsafe device shall be repaired before it is put back into service.c. Companyshallrespondto reportsofincorrectlyparkedStand-upelectricscooters,Stand-upelectricscooterscontinuouslyparkedin one locationfor morethan 72 hours,orunsafe/inoperableStand-upelectricscooters,byrelocating,re-parking,orremovingtheStand-upelectricscooters,as appropriate,within24 hoursof receivingnoticethatmustincludethelocation of the Stand-up electric scooter.d. Company shall provide notice to all users that:i. Stand-upelectricscootersaretoberiddenonstreets,andwhereavailable,inbikelanesand bike paths;ii. Stand-upelectricscootersaretostaytotherightofstreetlanesandtooffertherightofway to bicycles on bike lanes and bike paths;iii. Helmets are encouraged for all users;iv. Parking must be done in the designated areas; andv. Riding responsibly is encouraged. 3
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 232 of 324 e. Stand-upelectricscooterridersarerequiredtotakeaphotowhenevertheyparktheirscooteratthe end of a ride. f. CompanyshallprovideeducationtoStand-upelectricscooterridersontheCity’s existingrulesand regulations, safe and courteous riding, and proper parking.7.Data Sharing CitymayrequireCompanytoprovideanonymizedfleetandrideactivitydataforalltripsstartingorendingwithinthejurisdictionofCityonanyvehicleofLicenseeorofanypersonorcompanycontrolledby, controlling, or under common control with Licensee, provided that, to ensure individual privacy:
a. suchdataisprovidedviaanapplicationprogramminginterface,subjecttoCompany’s licenseagreementforsuchinterface,incompliancewithanationaldataformatspecificationsuchastheMobility Data Specification;b. anysuchdataprovidedshallbetreatedastradesecretandproprietarybusinessinformation,shallnotbesharedtothirdpartieswithoutCompany’s consent,andshallnotbetreatedasownedbythe local authority; andc. suchdata shallbe consideredpersonallyidentifiableinformation,and shallundernocircumstancesbedisclosedpursuanttopublicrecordsrequestsreceivedbythelocalauthoritywithout prior aggregation or obfuscation to protect individual privacy.
8.Indemnification
Companyagreestoindemnify, defendandholdharmlessCity(andCity’s/County’s employees,agentsandaffiliates)fromandagainstall actions,damagesorclaimsbroughtagainstCityarisingoutofCompany’s negligenceorwillfulmisconduct,exceptthatCompany’s indemnificationobligationshallnotextendto claimsof City’s (orCity’s employees’,agents’or affiliates’)negligenceor willfulmisconduct. Cityexpresslyacknowledgesthatin noeventshallCompanybeliableforanyspecial,indirect,consequentialorpunitivedamages.Company’s indemnificationobligationsshallsurviveforaperiodof one(1) yearafterexpirationof thisAgreement. Companyshallbe releasedfromitsindemnificationobligationsunderthissectionifthelossordamagewascausedbytheCity’s negligentconstructionormaintenanceofpublicinfrastructure.City’s righttoindemnificationshallbecontingentonCitynotifyingCompanypromptlyfollowingreceiptornoticeofanyclaim;Companyshallhavesolecontrolofanydefense;Cityshallnotconsenttotheentryofa judgmentorenterintoanysettlementwithout the prior written consent of Company.
9.Insurance
CompanyshallprovideCitywithproofofinsurancecoverageexclusivelyfortheoperationofStand-upelectricscootersincluding:(a)CommercialGeneralLiabilityinsurancecoveragewithalimitofnolessthan$1,000,000.00eachoccurrenceand$5,000,000.00aggregate;(b)AutomobileInsurancecoveragewithalimitofnolessthan$1,000,000.00eachoccurrenceand$1,000,000.00aggregate;(c)UmbrellaorExcessLiabilitycoveragewithalimitofnolessthan$5,000,000.00eachoccurrence/aggregate;and(d) 4
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Authorize the City Manager to execute a new Operating Agreement with Bir... Page 233 of 324 whereCompanyemployspersonswithintheCity, Workers’Compensationcoverageofnolessthanthestatutory requirement.
10. Delivery of Notices
a.AllnoticespermittedorrequiredunderthisAgreementshallbegiventotherespectivePartiesatthefollowingaddress,orat suchotheraddressastherespectivepartiesmayprovideinwritingforthispurpose:
City:
City of Indio
100 Civic Center Mall
Indio, CA 92201
Attn:Bryan Montgomery
City Manager
Phone: 760.391.4015
E-mail:[email protected]
Company:
Bird Rides, Inc.
406 Broadway, Suite #369
Santa Monica, CA 90401
Attn:Legal Department
Phone:
E-mail:[email protected]
b.Suchnoticeshallbedeemedmadewhenpersonallydeliveredorwhenmailed,forty-eight(48)hoursafterdepositintheU.S.Mail,firstclasspostageprepaidandaddressedtothePartyatitsapplicableaddress.Electronicmailcorrespondenceshallalsoconstitutewrittennotice.Actualnoticeshallbedeemed adequate notice on the date actual notice occurred, regardless of the method of service.
11. Exclusivity
a.Thisdesignationmaynotbeassignedortransferredtoanyotherparty. ThepartiesacknowledgethatCompanymayutilizeindependentbusinesslogisticsproviderstofacilitatelocaloperations.Company’suseoftheselogisticsprovidersdoesnotconstitutea transferorassignmentofthisAgreement,andCompanyremainsresponsibleforallobligationsandrequirementsunderthisAgreement.Inthehiringofindependentlogisticsproviders,Companywillmakeallreasonableeffortstohireindividualsfromwithin the City’s boundaries. b.ThissectionshallnotapplytotheprivatesaleorrentalofStand-upelectricscooters,providedthatsuch scooters are not placed in the public right-of-way for shared public use. 5
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 234 of 324 c.Noexclusivityisimputedorimpliedastothemarketforsharedmobilityservicesgenerally, andthisagreementanddesignationshallnotapplyto theoperationofanysharedmobilityservicewithanyvehicle other than Stand-up electric scooters.
CITY OF INDIO
By: Bryan MontgomeryCity Manager
BIRD RIDES, INC.
By: Austin MarshburnHead of City and UniversityPartnerships Attest:
By: Sabdi Sanchez,
City Clerk
6
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 235 of 324
EXHIBIT B
CITY' S ADDITIONAL INSURANCE PROVISIONSA. Acceptability of Insurers. All insurance policies required by this Agreement shall be issuedby an insurer authorized by the State of California to transact business of insurance with a ratingof at least a B+; VII in the latest edition of Best' s Insurance Guide or by an insurer acceptable tothe City' s Risk Manager.B. Evidence of Insurance. Company shall provide certificates of insurance to City as evidenceof the insurance coverage required herein. Insurance certificates and endorsements must beapproved by the City' s Risk Manager prior to commencement of performance. Current certificatesof insurance shall be kept on file with the City Clerk at all times during the term ofthis Agreement.City reserves the right to require complete, certified copies of all required insurance policies, atany time.C. Additional Insured Status. The commercial general and automobile liability policiesshall provide or be endorsed to provide that the City and its officers, officials, employees, andagents, and volunteers shall be additional insureds under such policies. This provision shall alsoapply to any excess/ umbrella liability policies.D. Primary and Non -Contributing. The insurance policies provided by Company shall applyon a primary non- contributing basis in relation to any other insurance or self-insurance availableto City. Any insurance or self-insurance maintained by City, its officers, employees, agents orvolunteers, shall be in excess of Company' s insurance and shall not contribute with it.E. Company' s Waiver of Subrogation. The insurance policies provided by Company shallnot prohibit Company and Company' s employees, agents or subcontractors from waiving the rightof subrogation prior to a loss. Company hereby waives all rights of subrogation against City.F. Self -insured Retentions. Any self -insured retentions must be declared to and approved bythe City' s Risk Manager. The City reserves the right to require that self -insured retentions beeliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to complywith these specifications unless approved by the City' s Risk Manager.G. Cancellations or Modifications to Coverage. Company shall not cancel, reduce orotherwise modify the insurance policies required by this Section during the term of this Agreement.The commercial general and automobile liability policies required under this Agreement shall beendorsed to state that should the issuing insurer cancel the policy before the expiration date, theissuing insurer will endeavor to mail 30 days' prior written notice to City. If any insurance policyrequired under this Section is canceled or reduced in coverage or limits, Company shall, withintwo business days of notice from the insurer, phone, fax or notify City via certified mail, returnreceipt requested, of the cancellation of or changes to the policy.H. City Remedy for Noncompliance. If Company does not maintain the policies of insurancerequired under this Section in full force and effect during the term of this Agreement, or in theevent any of Company' s policies do not comply with the requirements under this Section, Citymay either immediately terminate this Agreement or, if insurance is available at a reasonable cost,City may, but has no duty to, take out the necessary insurance and pay, at Company' s expense, the 7
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 236 of 324 premium thereon. Company shall promptly reimburse City for any premium paid by City or Citymay withhold amounts sufficient to pay the premiums from payments due to Company.I. Timely Notice of Claims. Company shall give the City prompt and timely notice of claimsmade or suits involving allegations against the City that arise out of or result from Company' sperformance under this Agreement, and that involve or may involve coverage under any of therequired liability policies.J. Indemnity Requirements not Limiting. Procurement of insurance by Company shall notbe construed as a limitation of Company' s liability or as full performance of Company' s duty toindemnify City under Section 9 of this Agreement. 8
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 237 of 324 Youmustbe18oroldertoridewithBird!Locallaw,cityregulations,andBird'srentalagreementrequireriderstobe18oroldertoride.Byclicking"OK"youcertifythatyouare18yearsofageorolder(underageridersmayriskaccountsbeingterminated). 2:77
-lwy111
AGENDA ITEM #10.2
Authorize the City Manager to execute a new Operating Agreement with Bir... Page 238 of 324 City of Indio
City Council
March 1, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Leila Namvar, Senior Planner
Subject: Indio Second Entry Gateway Project: Select one (1) artist/proposal from the ten (10) proposals submitted for this art project located at the corner of Jackson/Kenner.
RECOMMENDATION:
Select artist Peter Hazel for his artwork titled Desert Tortoise and authorize the City Manager and City Attorney to negotiate and finalize the terms of the agreement for the Indio Second Entry Gateway Project, for a total amount of $125,000.
SUMMARY:
In 2015, the City Council established the Entry Monument Project for the purpose of placing public art entry monuments at strategic City gateways. The entry monuments are intended to enhance the City’s image and to complement the culture, history, and activities that the City of Indio has become known for. The location of Indio Second Entry Gateway Project is one of the selected locations and it is northwest of Kenner Avenue and Jackson Street. Since then, the City has installed two (2) entry projects. One has been removed due to damage. This item before you is to review and make a decision regarding the installation of another Gateway Entry in the form of a sculpture.
BACKGROUND INFORMATION:
In 2015, the City Council established the Entry Monument Project to place public art entry monuments at strategic City gateways to enhance the City’s image and to complement the culture, history, and activities that the City of Indio has become known for. Therefore, on August 11, 2022, the Public Arts Program of the City of Indio released a Request For Proposal (RFP) seeking artist's proposals for a sculptural form or a combination of elements (existing or conceptual) that would create a statement viewed and enjoyed by the residents and visitors to the City, in accorda nce to the approved Public Arts Work Plan. The location selected by the City Council was the grass area located northwest side of Jackson Street and Kenner Avenue (per the approved Public Arts FY 22/23 Work Plan). The RFP deadline was September 26, 2022, and the City received ten (10) proposals that are included in Attachments 1 to Attachment 10 to this staff report. The ten (10) artists are listed below:
• Casto Solano (Attachment 1)
• Nicole Beck (Attachment 2)
• Peter Hazel (Attachment 3)
• Cyrille Andre (Attachment 4)
• Christopher Janney Sound (Attachment 5)
• Patrick Sullivan (Attachment 6)
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ... Page 239 of 324 • Armin Isarian (Attachment 7)
• Oleg Lobykin (Attachment 8)
• Bijan Masoumpanah (Attachment 9)
• Edouard Steinhauer (Attachment 10)
On November 22, 2023, the City's Public Arts Commission (at its Special Meeting) selected artist Peter Hazel and his proposed artwork, titled Desert Tortoise. The Commission used a rating sheet and selected this artwork since they found it more appropriate for the location and its close proximately to Andrew Jackson Elementary School. In addition, the Commission selected this artwork for its durability and its educational component. It should be noted that the artist agreement will include the following section:
Artist Credit. The artist shall place near or adjacent to the Artwork a public notice such as a plaque or other equivalent permanent signage stating the Artist’s name, Sculpture’s title, the date the Artwork was dedicated, and the City’s name (“Plaque”). The Plaque shall be in the size, location, and style approved by the City.
On February 15, 2023, staff brought the item before the City Council to award the contract to the artist, Peter Hazel, in a total amount of $125,000. However, the City Cou ncil did not award the contract to Mr. Hazel and directed staff to bring back all proposals to the City Council for their review and approval.
Staff is requesting that the City Council select artist Peter Hazel for his artwork titled Desert Tortoise and to authorize the City Manager and City Attorney to negotiate and finalize the terms of any agreement between the City and the selected artist for Indio Second Entry Gateway Project, for a total amount of $125,000.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$125,000 In current year budget: Yes
Current FY General
Fund Impact:
None Budget adjustment: No
Next FY Financial
Impact:
None Strategic Objective: Community
Beautification
Source of funds: Public Arts Fund Fund-Org-Object
Reference:
203521064
ALTERNATIVES:
1. Continue the request pending submission of additional information.
2. Refer the item back to the Public Arts Commission.
ATTACHMENTS:
Attachment 1 - Casto Solano
Attachment 2 - Nicole Beck
Attachment 3 - Peter Hazel
Attachment 4 - Cyrille Andre
Attachment 5 - Christopher Janney Sound
Attachment 6 - Patrick Sullivan
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ... Page 240 of 324 Attachment 7 - Armin Isarian
Attachment 8 - Oleg Lobykin
Attachment 9 - Bijan Masoumpanah
Attachment 10 - Edouard Steinhauer
APPROVAL(S):
Scott Trujillo, Deputy City Manager Pending
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ... Page 241 of 324 Casto Solano | SculptureAttachment 1
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ... Page 242 of 324 Casto’s design harnesses the beauty and power of the geography of the city-ecosystem. We could take Indio’s watercourses, and literally sculpt them into the artwork, creating a physical river path for people to follow. A narrative arc, that contains a sculpted record of the waters that have made Indio flourish.
A path that links all of our communities, through past, present and future.
Sculpting Geograpy
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ... Page 243 of 324 The nuanced material properties of this sculpture will cause it to change with the light.. presenting novel and attractive aesthetics depending on the hour and the season. It will glitter at night under ambient lighting, however, if the commissioners wished to include two or three RGBW LED uplighters, the artwork could be illuminated in a stunning range of colours. Colours that could be changed, intensified or dimmed, depending on the time of day or night.. or to accompany festivals or other events held in and around Indio...
Everything is Illuminated
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ... Page 244 of 324 • Left: Juniata Peace Arch, Render proposal, 2020, 10’ x 15’ x 3’, Stainless steel and custom-laminated dichroic glass. Commissioned by Juniata College, Huntingdon, PA • Right: Juniata Peace Arch, 2021, Site view video, (hover cursor over image to start video in Powerpoint and take note of shifting dichroic colors, reflected & transmitted) Attachment 2
Attachment 2
Artist Nicole Beck
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ...Page 245 of 324 “Indio Peace Array”
Proposal A ©Nicole Beck 2022
10’H x 15’ x 15’, Stainless steel, custom
laminated dichroic glass, LEDs flush
mounted in concrete plinth.
• Indio Peace Array wi ll be illuminated and
uplighted with LED floods at the base. This will
serve to activate the dichroic glass particularly at
night and enliven the sculpture and increase
visibility. The cross-web construct is meant to
abstract the concept of radiating positive energy
and illustrate an interconnected community
represented by different colors that shift radically
as the viewer and driver moves around the
sculpture, and of course according to prevailing
light conditions.
• Indio Peace Array will provide a welcoming
beacon to the community and visitors. The public
will be able to enter the sculpture to be
surrounded by the color-shifting arrays with glass
discs that will be safely attached into the interior
of welded pipe lengths radiating throughout.
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ...Page 246 of 324 Left: Indio Peace Array with higher arch and headway,
15’H x 10’Diameter, Stainless steel, custom-laminated dichroic glass & LEDs Right: Indio Peace Gateway Proposal B
15’H x 24’L x 3’D, Stainless steel, custom laminated dichroic glass & LEDs. -Can include incorporated bench seating TBA.
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ...Page 247 of 324 Indio Second Entry Gateway Proj
Peter Hazel ~ Desert Tortoise
Attachment 3
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ...Page 248 of 324 Desert Tortoise - a celebration of desert lifestyle
➔ Tile Mosaic
➔ 20ft long
➔ Interactive
➔ Lit at night
➔ Lasts 100
years
➔ 5 year
warranty
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ...Page 249 of 324 Indio Second Entry Gateway
Bâtisseur Project
Candidacy of Cyrille André
Attachment 4
Presence of the work
Immediately pe rceptible , the work w il l be accessible to all types of public and will promote dialogue and exchange between generations. Its monumental scale will enable it to fit visibly into the landscape and be perceptible from afar and up close. Thus the sculpture will quickly become a visual marker much appreciated by residents and visitors of Indio.
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ... Page 250 of 324 Visual simulations
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ... Page 251 of 324 My physical materials would be laminated transparent colored structural glass and night lighting.
The colored glass, as a stand-alone form would produce bright colors and shadows throughout the day. At night, the colored glass would be illuminated with embedded LED lighting. l)
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� 0 '-? C: 't'ooci � � � st-- ..... .. .... ·,. .. ;; �i.n Q,I ..c � .... .... ,-l � µ.i rJJ PROJECT MANAGERS:
T.Lamb- Studio Mgr.
J.Keith- Shop Mgr.
P.Carnes- Dwg. Mgr.
A. Pereira- Tech Dir.
PROJECT ENGINEERS:
WSP Engineering
Boston/USA, Melbourne/AUS
PROJECT CONSULTANTS:
ISSUE/REV:
9.21.22 PROJECT :
"City of INDIO"
Concept
SHEET TITLE :
SHEET# ___ _
OF ____ SHEETS
Attachment 5 PhenomenArts, Inc.
Interactive Art/Music/Architecture
Christopher Janney, Artistic Director
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ...Page 252 of 324 Sculptor: Patrick Sullivan (Sullivan & Sullivan Public Art) Stone: Indiana Limestone
Attachment 6
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ...Page 253 of 324 Armin Isarian
Attachment 7
Tri Horse Sculpture for Public Arts City of Indio
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ... Page 254 of 324 Second Entry Gateway Project
Proposal by Oleg Lobykin
Design
Title: Particles IX
Material: Stainless Steel
Dimensions: Up to 18’
high (pictured left: 9’-8” x 4’-10” x 4’-10”)
Timeline for completion of custom size order: 3-6 months (for existing size, can be >1 month)
Description: Particles make up most everything we see, though they’re too small for us to see them directly. Rendered by art at human scale, they can combine to create a playful sculpture that casts reflections. Flat stainless steel abstract ellipses like mirrors interlock to form amusing shapes and structures. The interplay of reflections and intuitive arrangements create a thought-provoking form with a sense of discovery and surprise.
The sculptures are part of the artist’s ongoing search for the origins of form and exploration of portals to other dimensions. Shifting realities is a recurring theme in this work, as are transformation and challenging perception.
Budget
Existing piece: $75,000 (9’-8” high) Custom size: depending on height, max. $125,000 (18 ’ high) Price is all-inclusive with artist fee (10% of total), materials, manufacturing, shipping, delivery, site preparation prior to installation, travel, insurance, and miscellaneous other costs as may be incurred.
Maintenance (As Desired)
The stainless steel surface can be cleaned with water by pressure washer and buffed with a soft cloth.
Warranty
Stainless steel is extremely durable and the piece can withstand decades or longer. Formal warranty provided upon acceptance.
Attachment 8Page 17 of 23
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ... Page 255 of 324 BIJAN
MASOUMPANAH
PAINTING, MURAL, SCULPTURE, PHOTOGRAPHY, CALLIGRAPHY
WWW.STUDIOBIJAN.COM
Attachment 9
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ...Page 256 of 324 Bighorn
Second Entry Way to the City of Indio
PROPOSAL
8’x8’x8’ By the use of Metal and Concrete.
In order to create this project I need to
create an engineering drawing in order to
weld the skeleton structure with mesh,
then apply and form the concrete, and by
use of primer and paint create the desired
look.
Bighorn is integral to the valley as much as
we are. Their existence is as important as
other creatures living around them.
They are MAGESTIC and INSPIRATIONAL.
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ...Page 257 of 324 We Are One
Metal Sculpture
Winner of Palm Springs Commissioners Award
for Sculpture
2019
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ...Page 258 of 324 “Goat”
Stone Carving
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ...Page 259 of 324 Attachment 10 Edouard Steinhauer
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ... Page 260 of 324
AGENDA ITEM #10.3
Indio Second Entry Gateway Project: Select one (1) artist/proposal from ... Page 261 of 324 City of Indio
City Council
March 1, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Leila Namvar, Senior Planner
Subject: Indio Mural # 13 Project (Jackson Bridge): Select one (1) artist/proposal from eight (8) proposals submitted for the Indio Mural # 13 Project (Jackson Bridge) or uphold the Public Arts Commission's selection of the team of artists, Ivan Montoya and Joey Salamon.
RECOMMENDATION:
Select one (1) artist/proposal f rom eight (8) proposals submitted for the Indio Mural # 13 Project (Jackson Bridge) or uphold the Public Arts Commission's selection of the team of artists, Ivan Montoya and Joey Salamon; and authorize the City Manager and City Attorney to negotiate and fi nalize the terms of the agreement for a total amount of $65,000.
SUMMARY:
On April 6, 2022, the City of Indio City Council approved the City’s Public Arts work plan that included a mural project to paint the columns and three (3) wing walls located under the Jackson Street Bridge to enhance an uninviting appearance and to point the travelers to the City’s Downtown area. The appropriated budget by the City Council was $45,000. On July 1, 2022, the City's Public Arts Program released Indio Mural # 13 Request For Proposal (RFP) seeking an artist or team of artists proposals to paint the Jackson Bridge columns and three (3) wing walls for the amount of $45,000. The RFP's deadline was September 1, 2022, and the City received five (5) proposals from the following artists:
1. Michael Angelo 2. Adam Enrique Rodriguez 3. Christopher Stone 4. Kathrine Bingley 5. Chris Sanchez On September 26, the Ad Hoc Committee met (via zoom) and was not able to select a design/artist for this project. Thus, staff presented all five (5) proposals to the Public Arts Commission at their regular meeting on Oc tober 11, 2022, and the Commission made a recommendation to the City Council to increase the budget and revise the RFP with a new project description. On November 2, 2022, the City Council approved a new budget of up to $65,000 with a new project descripti on as described below: - To paint all four sides of 12 columns and the three (3) wing walls. - The design shall include an east design and a west design that are coherent and in harmony but not alike. - Artists are encouraged to use elements of local history in their design. - The City will prepare a traffic control plan and will get approval from City Engineer and/or the City’s Public Works Department. - The City will prepare the encroachment permit and will get approval from City Engineer and/or the City’s Public Works Department. - An Ad Hoc Committee will be formed if the City receives more than 12 proposals.
The Ad Hoc Committee will include at least two (2) members of the Public Arts Commission and City staff and may include other interested artists and community professionals. - The Ad Hoc Committee will meet to consider all complete proposals submitted by the artist or team of artists. On February 15, 2023, staff brought the item before the City Council to award the contract to the artist team in the total amount of $65,000. However, the City Council did not award the contract to the artist team and directed staff to bring back all proposals to the City Council for their review and approval.
AGENDA ITEM #10.4
Indio Mural # 13 Project (Jackson Bridge): Select one (1) artist/proposa... Page 262 of 324
BACKGROUND INFORMATION:
On November 10, 2022, the Public Arts Program of the City of Indio released a Request For Proposal (RFP) seeking artists, as individuals or teams, to submit proposals for the design and implementation of a mural project for Jackson Bridge to paint three (3) walls and all four sides of each 12 columns.
The project’s budget is up to $65,000. Artists were encouraged to use elements of local history in their designs. In addition, the design shall include an east design and a west design that are coherent and in harmony but not alike. The RFP deadline was December 12, 2022, and the City has received eight (8) proposals that are included in Attachments 2 to Attachment 9 to this staff report. The artists' names are listed below:
• Chelsea Hart (Attachment 1)
• Ivan Montoya and Joey Salamon (Attachment 2)
• Chris Saunders (Attachment 3)
• Anthony Garcia (Attachment 4)
• Michael Angelo Hernandez (Attachment 5)
• Christopher Stone (Attachment 6)
• Adam Rodriguez (Attachment 7)
• Katherine Bingley (Attachment 8)
On January 10, 2023, the City's Public Arts Commission selected a team of artists, Ivan Montoya and Joey Salamon, for their mural proposal. The Commission selected their concept, since it was Therefore, on February 15, 2023, staff brought the item before the City Council to award the contract to the artist team in the total amount of $65,000. However, the City Council did not award the contract to the artist team and directed staff to bring back all proposals to the City Council for their review and approval.
Staff is requesting that the City Council select one (1) artist/proposal from eight (8) proposals submitted for the Indio Mural # 13 Project (Jackson Bridge) and/or uphold the Public Arts Commission's selection of a team of artists, Ivan Montoya and Joey Salamon and authorize the City Manager and City Attorney to negotiate and finalize the terms of any agreement between the City and the selected artist for a total amount of $65,000.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$65,000 In current year budget: Yes
Current FY General
Fund Impact:
None Budget adjustment: No
Next FY Financial
Impact:
None Strategic Objective: Community
Beautification
Source of funds: Public Arts Fund Fund-Org-Object
Reference:
203521064
ALTERNATIVES:
1. Continue the request pending submission of additional information.
2. Refer the item back to the Public Arts Commission.
AGENDA ITEM #10.4
Indio Mural # 13 Project (Jackson Bridge): Select one (1) artist/proposa... Page 263 of 324 ATTACHMENTS:
Attachment 1 - Chelsea Hart
Attachment 2 - Ivan Montoya and Joey Salamon
Attachment 3 - Chris Saunders
Attachment 4 - Anthony Garcia
Attachment 5 - Michael Angelo Hernandez
Attachment 6 - Adam Rodriguez
Attachment 7 - Christopher Stone
Attachment 8 - Katherine Bingley
APPROVAL(S):
Scott Trujillo, Deputy City Manager Pending
AGENDA ITEM #10.4
Indio Mural # 13 Project (Jackson Bridge): Select one (1) artist/proposa... Page 264 of 324 Attachment 1
Artist Chelsea Hart
AGENDA ITEM #10.4
Indio Mural # 13 Project (Jackson Bridge): Select one (1) artist/proposa... Page 265 of 324
AGENDA ITEM #10.4
Indio Mural # 13 Project (Jackson Bridge): Select one (1) artist/proposa... Page 266 of 324 East / Sunrise West / Sunset
Design concept
Front columns (with sides)
Attachment 2
Artists Ivan Montoya and Joey Salamon
AGENDA ITEM #10.4
Indio Mural # 13 Project (Jackson Bridge): Select one (1) artist/proposa... Page 267 of 324 East / Sunrise West / Sunset
Design concept
Back columns (with sides)
Back columns (with sides)
(Larger format on last page)
AGENDA ITEM #10.4
Indio Mural # 13 Project (Jackson Bridge): Select one (1) artist/proposa... Page 268 of 324 Design concept
AGENDA ITEM #10.4
Indio Mural # 13 Project (Jackson Bridge): Select one (1) artist/proposa... Page 269 of 324 Attachment 3
Artist Chris Saunders
AGENDA ITEM #10.4
Indio Mural # 13 Project (Jackson Bridge): Select one (1) artist/proposa... Page 270 of 324 Attachment 4
Artist Anthony Garcia
AGENDA ITEM #10.4
Indio Mural # 13 Project (Jackson Bridge): Select one (1) artist/proposa... Page 271 of 324 Attachment 5
Artist Michael Angelo Hernandez
AGENDA ITEM #10.4
Indio Mural # 13 Project (Jackson Bridge): Select one (1) artist/proposa... Page 272 of 324
AGENDA ITEM #10.4
Indio Mural # 13 Project (Jackson Bridge): Select one (1) artist/proposa... Page 273 of 324 Attachment 6
Artist Adam Rodriguez
AGENDA ITEM #10.4
Indio Mural # 13 Project (Jackson Bridge): Select one (1) artist/proposa... Page 274 of 324 Attachment 7
Artist Christopher Stone
AGENDA ITEM #10.4
Indio Mural # 13 Project (Jackson Bridge): Select one (1) artist/proposa... Page 275 of 324 Attachment 8
Artist Katherine Bingley
AGENDA ITEM #10.4
Indio Mural # 13 Project (Jackson Bridge): Select one (1) artist/proposa... Page 276 of 324
AGENDA ITEM #10.4
Indio Mural # 13 Project (Jackson Bridge): Select one (1) artist/proposa... Page 277 of 324 City of Indio
City Council
March 1, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Leila Namvar, Senior Planner
Subject: Select one (1) artist/proposal from the three (3) submitted proposals for the Mural Arts Public the uphold or Waring (Fred Project 14 # Bridge) Commission's selection of artist Jessica Macias's proposal entitled Sunup SunDown.
RECOMMENDATION:
Select one (1) artist/proposal from the three (3) submitted proposals for Indio Mural # 14 Project (Fred Waring Bridge) or uphold the Public Arts Commission's selection of artist Jessica Macias's proposal entitled Sunup SunDown; and authorize the City Manager and City Attorney to negotiate and finalize the terms of the agreement for a total amount of $30,000.
SUMMARY:
On April 6, 2022, the City Council approved the City's Public Arts Work Plan (the "Plan"), which is an annual plan to help the City’s Public Arts Program swing into action. As part of the Plan, the City Council approved a CV Link Public Art Project. There is an opportunity for public art (mural) for the Fred Waring Avenue Bridge that connects to the CV Link. The general framework that was set for this project in the Plan is listed below: I. Budget: Overall expected budget up to $30,000. II. Artist Selection Method: Circulation of a Request For Proposals (RFP). III. Locations: Shields Park and Fred Waring Avenue Bridge. IV. Timeline: 18 months. This item before you is to review and make a decision regarding the installation of a mural on Fred Waring Bridge.
BACKGROUND INFORMATION:
On September 16, 2022, the City's Public Arts Program released Indio Mural # 14 Project Request For Proposal (RFP) seeking an artist or team of artists for proposals to paint a mural with a transportation theme on the bridge’s no rth and south walls, facing Fred Waring Street, with a maximum budget of $30,000. The RFP's deadline was October 24, 2022, and the City received three (3) proposals that are included in Attachments 2 to Attachment 4 to this staff report. The three (3) artists are listed below:
- Jessica Macias (Attachment 1)
- Harvey Garcia (Attachment 2)
- Chris Saunders (Attachment 3)
On November 22, 2023, the City's Public Arts Commission (at its Special Meeting) selected artist Jessica Macias and her propos ed mural concept titled Sunup SunDown. The Commission selected this proposal since it met the RFP's transportation concept, the colors were vibrant, and the use of a AGENDA ITEM #10.5
Indio Mural # 14 Project (Fred Waring Bridge): Select one (1) artist/pro... Page 278 of 324 template on short walls seemed to be an appropriate application. Therefore, on February 1 5, 2023, staff brought the item before the City Council to award the contract to an artist, Jessica Macias, in a total amount of $30,000. However, the City Council did not award the contract to Ms. Macias and directed staff to bring back all proposals to the City Council for their review and approval.
Staff is requesting that the City Council Select one (1) artist/proposal from the three submitted proposals for the Indio Mural # 14 Project (Fred Waring Bridge) or uphold the Public Arts Commission's selection of artist Jessica Macias's proposal titled Sunup SunDown and to authorize the City Manager and City Attorney to negotiate and finalize the terms of the agreement between the City for a total amount of $30,000.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$30,000 In current year budget: Yes
Current FY General
Fund Impact:
None Budget adjustment: No
Next FY Financial
Impact:
None Strategic Objective: Community
Beautification
Source of funds: Public Arts Fund Fund-Org-Object
Reference:
203521064
ALTERNATIVES:
1. Continue the request pending submission of additional information.
2. Refer the item back to the Public Arts Commission.
ATTACHMENTS:
Attachment 1-Jessica Macias
Attachment 2 - Hervey Garcia
Attachment 3 - Chris Saunders
APPROVAL(S):
Scott Trujillo, Deputy City Manager Approved - 22 Feb 2023 Steven Graham, City Attorney Approved - 22 Feb 2023
Bryan H. Montgomery, City Manager Approved - 22 Feb 2023
AGENDA ITEM #10.5
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14 PROJECT
Jessica Macias
Attachment 1
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Indio Mural # 14 Project (Fred Waring Bridge): Select one (1) artist/pro...Page 284 of 324 The Plumed Indian
Mural that simulates movement
The following proposal for Indio's public art program
"Indio Mural # 14 Project" is designed to interact
with its environment and the public that observes it.
It takes advantage of the type of vehicles that
circulate it at low speed.
The concept is extracted from the first film "The
Horse in Motion" (1878) by Eadweard Muybridge,
which shows a sequence of a horse galloping with
its rider, this proposal is also a tribute to this
sequence considered a beginning in the cinema,
since the state of California is home to one of the
capitals of cinema as the city of Los Angeles,
specifically Hollywood, place of the great global
producers of cinema.
The proposed sequence shows a sequence of
images that simulate the movement of Indian
mounted on his horse, the background represents
the journey from day to night (paint gradient), this
horse and his rider magically become an American
eagle flying through the skies at the end of the
mural, along the entire ribbon of the wall. The
railings and the sidewalk will be painted in the same
way as the background of the mural, in a gradient of
paint.
The representation of the project shows 3 photomontages of the 3 main moments of the mural, and an illustrative video of how it would look like seen from a car.
The proposal is innovative in the functional sense, since its design allows to appreciate it in a static and moving way.
The sidewalk will be painted with special paint for
pedestrian sidewalks in gradient colors according to
the segment of the mural for maximum durability.
The railings will be coated with alkyd paint for metals.
In segment 2 of the sunset the /f_inal composition will be different, the idea is that the Indian's plume will
gradually grow until it transforms into two wings that
will join with the horse and its rider to give origin to the eagle.
night
sunset
sunrise
3 2 1
direction of traffic
Attachment 3
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Chris Saunders
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City Council
March 1, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Leila Namvar, Senior Planner
Subject: Indio Mural # 15 Project: Approve the installation of a new mural on the east wall of a building located at 82867 Miles Avenue, adjacent to the Indio Living Room for a total budget of $40,000 and to direct staff to create a Request For Proposal (RFP) for t his mural for circulation.
RECOMMENDATION:
Approve installation of a new mural on the east -facing wall of the building located at 82867 Miles Avenue, adjacent to the Indio Living Room for a total budget of $40,000 and direct staff to draft a Request For Proposal (RFP) for circulation.
SUMMARY:
Staff has been approached by the tenant of a new restaurant located at 82867 Miles Avenue to install an abstract mural with a design that reflects Indio. Staff is requesting that the City Council review the concept and budget; then, direct staff to draft a Request For Proposal (RFP) for this mural project for circulation.
BACKGROUND INFORMATION:
The City has leased one of its buildings on Miles Avenue to a tenant that will open a resonant in June of 2023. The tenant of this new resultant has approached t he City to install a new mural with an abstract design style that tells the story of Indio, as the City of Festivals. The tenant would like the mural to include elements of sports such as polo, golf, tennis, and boxing; elements of transportation such as locomotives and trucks; and elements of our festivals such as the Ferris wheel. The estimated budget will be up to $40,000.
The wall is made of blocks and has a very rough texture; therefore, the tenant recommended painting the mural in an abstract style similar to Christina Hook's work that may be viewed at:
https://artofthehorse.net/2016/08/31/christian-hook-painting-the-essence-of-time/
On February 14, 2023, the Public Arts Commission reviewed this proposal and did not agree with the tenant's concept and style of painting. Therefore, recommend to the City Council to approve the installation of a new mural on the east wall of a building located at 82 867 Miles Avenue, facing the Indio Living Room for a total budget of $40,000 and to direct staff to create a Request For Proposal (RFP) for circulation and allowing the artist(s) to propose concept, design, and style of painting that would be suitable for the wall.
AGENDA ITEM #10.6
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Staff is requesting that the City Council approved the installation of a new mural on the east wall of a building located at 82867 Miles Avenue, adjacent to the Indio Living Room for a total budget of $40,000 and to direct staff to draft a Request For Proposal (RFP) for this mural project for circulation.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$40,000 In current year budget: No
Current FY General
Fund Impact:
None Budget adjustment: Yes
Next FY Financial
Impact:
Yes, depend on the schedule Strategic Objective: Community Beautification
Source of funds: Public Arts Fund Fund-Org-Object
Reference:
203521064
ALTERNATIVES:
1. Continue the request pending submission of additional information.
2. Refer the item back to the Public Arts Commission.
ATTACHMENTS:
Attachment 1 - Artist Concept and Budget
APPROVAL(S):
Scott Trujillo, Deputy City Manager Pending
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Indio Mural # 15 Project: Approve the installation of a new mural on the...Page 290 of 324 176.8"Total(approx.14.7’sq ft)24“ 24“ w9“12* 21“24.24“24“ LLUCH- Indio(MuralSiteSmallWall)
LLUCH- Indio(MuralSiteMeasurements)
338”Total(approx.28.16’sqft)
93" ea" ea"
HumanScale
LLUCH- Indio(MuralProposalOption02)
LomaLindaUniversityChildren'sHealth- Indio(MuralProposal) PatrickBarwinski 951-796-2772 prbarwinski@gmai|.com
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City Council
March 1, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Leila Namvar, Senior Planner
Subject: Desi Memorial Mural: To approve artist Patrick Patrick Barwinski's mural design and appropriate $85,000 for the installation of a mural in memory of Desi Downtown in Hospital Children's at Loma Indio. Cechin Linda
RECOMMENDATION:
Approve artist Patrick Patrick Barwinski's mural design and appropriate $85,000 for the installation of a mural in memory of Desi Cechin at Loma Linda Children's Hospital in Downtown Indio.
SUMMARY:
The City has contacted Loma Linda Children's Hospital to explore an installation of a mural in memory of Desi Cechin, an Indio girl who passed away in 2016 following a two-year cancer battle. The hospital has worked with artist Patrick Barwinski to develop a concept design in a not to exceed amount of $85,000, which may include applying augmented reality (AR). Adding augmented reality to a mural means combining new AR technology to create a one -of-a-kind mixed reality experience, using your smartphone.
BACKGROUND INFORMATION:
On September 2022, City staff contacted Josh N. Zahid, Senior Development Officer with LLUCH Foundation, to explore a new mural installation to be located on the west wall of the Loma Linda Children's Hospital in Downtown Indio, loca ted at 82934 Civic Center Drive. Mr. Zahid agreed and artist Patrick Barwinski was introduced to the Loma Linda team to work on a design concept. Mural design Option 02 A has been accepted by Loma Linda Hospital Marketing Committee (they wanted to be the ones to choose, not the Arts Commission or City). The design concept features Desi’s eye, flowers, family, and butterflies that are symbols of beauty and hope, and is recommended by both the Arts Commission and Staff.
The artist's budget is a not to ex ceed amount of $85,000. It should be noted, since the wall is facing west, the type of paint that has been recommended is high-quality Nova paint. Please see Attachment 1 to this staff report for the artist design proposal and three (3) budget options.
On February 14, 2023, the Public Arts Commission made a recommendation to the City Council to approve design option 02 A and appropriate a budget not to exceed $85,000 for the installation of a mural in memory of Desi Cechin at Loma Linda Children's Hos pital in Downtown Indio. The Commission has asked Loma Linda Hospital to pay for the wall repair and installation of the AR AGENDA ITEM #10.7
Desi Memorial Mural: To approve artist Patrick Patrick Barwinski's mural... Page 293 of 324 technology. Loma Linda Team has agreed to repair the wall and explore avenues to pay for the AR portion of this project.
Staff is requesting that the City Council approve artist Patrick Patrick Barwinski's mural design and appropriate $85,000 for the installation of a mural in memory of Desi Cechin at Loma Linda Children's Hospital in Downtown Indio.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$85,000 In current year budget: No
Current FY General
Fund Impact:
None Budget adjustment: Yes
Next FY Financial
Impact:
Yes, depend on the schedule Strategic Objective: Community Beautification
Source of funds: Public Arts Fund Fund-Org-Object
Reference:
203521064
ALTERNATIVES:
1. Continue the request pending submission of additional information.
2. Refer the item back to the Public Arts Commission.
ATTACHMENTS:
Attachment 1 - Artist Concept and Budget
APPROVAL(S):
Scott Trujillo, Deputy City Manager Approved - 17 Feb 2023 Steven Graham, City Attorney Approved - 18 Feb 2023
Bryan H. Montgomery, City Manager Pending
Scott Trujillo, Deputy City Manager Pending
Rob Rockwell, Asst. City Manager & Dir. Of Finance Pending
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LLUCH- Indio(MuralSiteMeasurements)
338”Total(approx.28.16’sqft)
93" ea" ea"
HumanScale
LLUCH- Indio(MuralProposalOption02)
LomaLindaUniversityChildren'sHealth- Indio(MuralProposal) PatrickBarwinski 951-796-2772 prbarwinski@gmai|.com
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City Council
March 1, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Leila Namvar, Senior Planner
Subject: Shields Park Art Project: Approve the budget, and project concept and direct staff to draft a Request For Proposal (RFP) accordingly.
RECOMMENDATION:
Approve the Shields Park Art Project's budget, and project concept and direct staff to draft a Request For Proposal (RFP) accordingly.
SUMMARY:
On December 1, 2022, the City’s Public Arts Program released a Request For Proposal (RFP) to create a site -specific sculpture of an outdoor library within Shields Park. The deadline for the RFP was January 2, 2023. The City only received one (1) proposal f rom artist Fizhugh Karol. Staff is requesting that the City Council provide direction as to how to proceed regarding the RFP, budget, and description/concept.
BACKGROUND INFORMATION:
As part of the City’s Public Arts Work Plan adopted by the City Council on April 6, 2022, an art project was approved by the City Council for Shields Park with a total budget of $65,000. On December 1, 2022, the City released an RFP to create a site-specific sculptural outdoor library within Shields Park.
The deadline for the RFP was January 2, 2023. The City has only received one (1) proposal from artist Fizhugh Karol (Attachment 1). Moreover, the proposal is not an outdoor library. It is an outdoor steel sculpture whose appearance shifts as viewers walk around it and eac h new angle provides a new silhouette. The sculpture incorporates lights to make it interesting at night. The artist's proposed budget is $62,450 and the timeline to fabricate and install the artwork is between four (4) to five (5) months.
On February 1 4, 2023, the artwork went before the Public Ars Commission for review and recommendation. The Commission recommended revising the RFP and project description to install a walking maze at this park, with the same budget. However, staff would like to sugges t installing a walking maze with safe vertical elements that do not offer a hiding place.
Nevertheless, staff is requesting that the City Council approve the budget, and project description/concept and direct staff to draft a Request For Proposal (RFP) accordingly.
FINANCIAL SUMMARY:
AGENDA ITEM #10.8
Shields Park Art Project: Approve the budget, and project concept and di... Page 298 of 324 Current FY Financial
Impact:
$65,000 In current year budget: Yes
Current FY General
Fund Impact:
None Budget adjustment: No
Next FY Financial
Impact:
Yes, depend on the schedule Strategic Objective: Community Beautification
Source of funds: Public Arts Fund Fund-Org-Object
Reference:
203521064
ALTERNATIVES:
1. Continue the request pending submission of additional information.
2. Refer the item back to the Public Arts Commission.
ATTACHMENTS:
Attachment 1 - Artist Fitzhugh Karol Proposal
APPROVAL(S):
Scott Trujillo, Deputy City Manager Pending
AGENDA ITEM #10.8
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Piece Proposal
This piece pays homage to the rocky beauty of Joshua Tree National Park, with an ode to both the beautiful mountain scapes and to the desert’s bulbous fauna. The piece aims to bring some of their grandeur to Shields Park, providing viewers with a sense of awe. The piece’s simple shapes harken back to the first forms of creation and are able to be universally appreciated, and also tie in to the area’s desert modernist architecture.
At night, the high built-in lights will provide a celestial touch to the piece, giving viewers the sense that they are embedded in the road’s surrounding landscape. The simple sandy patina finish will help the piece blend in with its surroundings as well. The piece has empty space at the bottom to allow for through visibility, and for children to play at its base.
The bi-fold design also nods to the shape of a book, allowing viewers to dive into its shapes like they do into the pages of a novel or an encyclopedia. People can use its shade to read on a warm day, and the edge banding at the base can be used as a bench. More bench-like features can be added if the committee so desires.
The piece will be 23’ (H) x 26’ x 26’ and made from 3/8” steel with 1/2” edge banding, painted with a Rust-Oleum High Performance Enamel.
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Proposed Timeline
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City Council
March 1, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Mike Washburn, Chief of Police
Subject: Acceptance of Fiscal Year 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $35,865 to purchase public safety equipment and support ongoing recruitment efforts, approval of the JAG grant Interlocal Agreement
RECOMMENDATION:
Acceptance of Fiscal Year 2022 Edward Byrne Memorial Justice Assistance Grant (JAG ) in the amount of $35,865; authorize the Police Department to use the funding to purchase public safety equipment and support ongoing recruitment efforts; approve and authorize the City Manager or designee to execute the interlocal agreement between participating cities and the County of Riverside, the designated fiscal agent, and other related grant documents
SUMMARY:
The Edward Byrne Memorial Justice Assistance Grant (JAG) is a grant administered by the U.S.
Department of Justice, Bureau of Justice Assistance (BJA) program. The Bureau of Justice Assistance supports all components of the criminal justice system, such as evidence-based policing programs, personnel, and public safety equipment purchases through the JAG program. Staff is seeking approval to accept and use JAG funds to purchase public safety equipment and supplies and offset the costs associated with our ongoing recruitment efforts.
BACKGROUND INFORMATION:
In July 2022, eligible jurisdictions in Riverside County submitted a joint grant application because they are under a disparate area -funding category. As defined by BJA, this type of disparity occurs whe n "multiple cities or municipalities are collectively allocated four times (400 percent) more than the county, and the county bears more than 50 percent of the collective costs associated with prosecution or incarceration of each municipality's Part 1 viol ent crimes." This disparity required the County of Riverside (the designated Fiscal Agent) to submit a consolidated application on behalf of the eligible jurisdictions and to administer the grant. The Fiscal Agent is also responsible for managing and distributing JAG funds to the cities. The Fiscal Agent drafted the interlocal Agreement, which must be signed by each city's Authorized Representative (Attachment 1).
The JAG lnterlocal Agreement stipulates that each participating agency will allocate 10 per cent of their grant award to offset the fiscal agent's costs associated with administering the grant.
Administrative costs are an allowable expense under the BJA grant program. Therefore, although the City's BJA eligible allocation is $39,850 the net amount awarded to the City is $35,865 - reflecting the 10 percent administrative costs retained by the fiscal agent. The Department is proposing to use the AGENDA ITEM #11.1
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Recipients of JAG funds must hold one public hearing (Attachment 2) in conjunction with City Council action to provide Indio residents an opportunity to comment about the proposed federal grant expenditures.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$35,865 In current year budget: Yes
Current FY General
Fund Impact:
$0.00 Budget adjustment: No
Next FY Financial
Impact:
$0.00 Strategic Objective: Public Safety
Source of funds: Justice Assistance Grant (JAG) Fund-Org-Object Reference:
223-402320
ATTACHMENTS:
Attachment 1: Interlocal Agreement_JAG22_Fully Executed_1.10.23 (Cities) Attachment 2: Public Hearing Notice
APPROVAL(S):
Mike Washburn, Chief of Police Approved - 15 Feb 2023
Steven Graham, City Attorney Approved - 17 Feb 2023
Samantha Lopez, Finance Manager Approved - 21 Feb 2023
Bryan H. Montgomery, City Manager Approved - 21 Feb 2023
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INTERLOCAL AGREEMENT
BETWEEN THE CITIES OF BANNING, BEAUMONT, CATHEDRAL CITY, CORONA, DESERT HOT SPRINGS. HEMET, INDIO, JURUPA VALLEY, LAKE ELSINORE, MENIFEE, MORENO VALLEY, PALM SPRINGS, PERRIS, CITY OF RIVERSIDE. TEMECULA AND
THE COUNTY OF RIVERSIDE. CA
CONCERNING DISTRIBUTION OF THE
2022 JUSTICE ASSISTANCE GRANT AWARD
This Interlocal Agreement ("Agreemenf) Is made and entered into this day .2022. by and between THE COUNTY OF RIVERSIDE, acting by and through its goveming body, the Riverside County Board of Supervisors (hereinafter referred to as "COUNTY"), and named CITIES as referenced In Appendix 1 (hereinafter referred to as "CITIES"), acting by and through their respective goveming bodies, the City Councils, all of whom are situated within the County of Riverside, State of Califomia, as follows:
WHEREAS, each goveming body, in performing govemmental functions or in paying for the performance of govemmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each goveming body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, the COUNTY agrees to release to CITIES their respective grant ailocation from the JAG Award, less ten percent (10%) re-allocated to COUNTY, as reflected on Appendix 1. here attached and hereby incorporated by reference as part of this Agreement, on a reimbursement basis; and COUNTY agrees to provide the administration of COUNTY'S and CITIES' programs during the entire permissible duration of said programs; and additionally the COUNTY and CITIES each agree that it is their responsibility to ensure these ^nds are expended in accordance with JAG guidelines;and WHEREAS, the COUNTY and CITIES believe it to be in their best interests to reallocate the JAG funds.
NOW THEREFORE, the COUNTY and CITIES agree as follows:
Section 1.
COUNTY agrees to release to CITIES up to their respective grant allocation from the JAG Award, less ten percent (10%) re-allocated to COUNTY, as reflected in Appendix 1 on a reimbursement basis, from the JAG Award within (45) days upon receipt of fully documented reimbursement request, and; COUNTY agrees to provide the administration of COUNTY'S and CITIES' programs during the entire permissible duration of said programs.
Section 2.
COUNTY and CITIES each agree that it is their responsibility to ensure these funds are expended in accordance with JAG guidelines.
MOU - 2022 Justice Assistance Grant Psse 11
JAN 102023 3-4^
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