Indio City Council
August 16, 2023

AGENDA ITEM #8.17
Construction contract with ATP General Engineering Contractors in the am... Page 402 of 959 City of Indio
August 2, 2023

38 000 Monroe Street, Indio, CA 92203 | Telephone: 760.775.7500 | Facsimile: 760.775.8229 G
ranite respectfully requests that the City of Indio uphold Granite’s bid protest, deem the bid submitted by ATP as non-responsive, and award the Contract to Granite, as the lowest responsive and responsible bidder.

T
hank you for your time and consideration of this matter. Should you have any questions or require additional information, please do not hesitate to contact me at (760) 578-3138 or [email protected].

Sin
cerely,
G

RANITE CONSTRUCTION COMPANY
Jo
e Richardson
Chief Estimator
Cc: TRANSMITTED VIA E-MAIL
Martin Marietta San Diego Aggregates LLC dba ATP General Engineering Contractors Attn: Barbara Jacob
4211 Ponderosa Ave. STE C, San Diego, CA 92123
T: 858-944-6740
F: 858-292-1079
E: [email protected]
G
ranite Bid File

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BID RESPONSE

ATP GENERAL ENGINEERING

CONTRACTORS

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Sincerely,
David A. Donnelly �qµ/�
Vice President
ATP General Engineering Contractors
Martin Marietta
Encls: (4)
Exhibit 1-Granite Bid Protest Letter, dated August 2, 2023 Exhibit 2-ATP's Completed Bid Form, Page B-7
Exhibit 3 -PRC Quote to ATP Rev.1, dated July 26, 2023
Exhibit 4 - PRC Letter to ATP Explaining Address, dated August 3, 2023 cc: All listed via email only, with enclosures:

Martin Stratte, Esq., Martin Marietta [email protected] Timothy Wassil, Director of Public Works, City oflndio [email protected] Juan Raya, City Engineer, City oflndio [email protected]
Vianka Orrantia, City oflndio [email protected]
Ricardo Mercado, Construction Manager, City of Indio [email protected] California State Contractors License Number 502506 -A

AN EQUAL OPPORTUNITY EMPLOYER
4211 Ponderosa Ave, STEC
San Diego, CA 92123
858-513-0611 - Phone
858-292-1079 - Fax

AGENDA ITEM #8.17
Construction contract with ATP General Engineering Contractors in the am... Page 410 of 959

August 2, 2023 TRANSMITTED VIA E-MAIL

City of Indio
100 Civic Center Mall
Indio, California 92201

Attn: Cynthia Hernandez, City Clerk

Re: 23/24 Pavement Management Project
City Project SMPMP

Subj: Protest of the Bid Submitted by Martin Marietta San Diego Aggregates LLC dba ATP General Engineering Contractors

Dear Ms. Hernandez:

Per the Instructions to Bidders (Pages IB-1 and IB-2), this serves as a formal protest of the bid submitted by Martin Murrieta San Diego Aggregates LLC dba ATP General Engineering Contractors (“ATP”) on the above-referenced Contract because ATP’s bid contains several material defects that render its bid non-responsive: ATP failed to submit a complete bid package, ATP’s subcontractor listing form contained material errors, and ATP’s bid is materially unbalanced (in particular with respect to the percentage of work listed for Pavement Rehab Company). As explained herein, such material defects in ATP’s bid are sufficient grounds for finding their bid nonresponsive.

Granite Construction Company (“Granite”) timely submitted a responsive bid to the City of Indio (“City”) for the above-referenced Contract on July 26, 2023. ATP was the apparent low bidder and Granite was the second low bidder.

ATP FAILED TO SUBMIT A COMPLETE BID PACKAGE

In its Questionnaire Form on Page B-7, ATP answered “yes” for Question 19d. Question 19 asks the contractor to explain any “yes” answers and ATP failed to do so. This questionnaire is directly related to bidder responsiveness and responsibility and should be answered as instructed. Furthermore, the bid documents clearly state that “failure to provide truthful answers to the questions above or in the following References Form may result in the Bid being deemed non-responsive.”

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Construction contract with ATP General Engineering Contractors in the am... Page 411 of 959 City of Indio
August 2, 2023

38000 Monroe Street, Indio, CA 92203 | Telephone: 760.775.7500 | Facsimile: 760.775.8229

ATP’s SUBCONTRACT LISTING FORM DOES NOT COMPLY WITH THE SUBLETTING AND SUBCONTRACTOR FAIR PRACTICES ACT AND THE CITY’S BID SPECIFICATIONS

The Subletting and Subcontracting Fair Practices Act, California Public Contract Code 4100 et seq. (Subcontractor Listing Law) requires bidders for public contracts to list the name, the location of place of business, the California contractor license number, and DIR contractor registration number of each subcontractor who will perform work in an amount in excess of one-half of one percent (0.5%) of the prime contractor's total bid or $10,000, whichever is greater. Cal. Pub. Contract Code, § 4104(a). The bidder must also set forth the portion of the work that will be done by each subcontractor. Cal. Pub. Contract Code, § 4104(b).

The Subcontractor Listing Law also requires all officers, departments, boards or commissions taking bids for public work or improvements to include the above requirements in the bid specifications. Cal. Pub. Contract Code § 4104.

Accordingly, the City’s bid specifications and Designation of Subcontractors form calls for the information required by the Subcontractor Listing Law. Specifically, the City’s specifications and Designation of Subcontractors form instructs bidders to submit the following information with the bid: (a) the name, (b) the address and phone number/location and place of business, (c) the California contractor license number, (d) the DIR Contractor Registration Number, (e) the type of work, and (f) the percentage of total of each subcontractor who is required to be listed under the Subcontractor Listing Law.

On its subcontractor list (Page B-14), ATP listed the address of Pavement Rehab Company as 810 E Mandevilla Way, Corona CA 92879. However, this is the address of a private residence and is not the business address for the subcontractor listed with the Contractor’s State License Board or the California Secretary of State.

Notably, the business address included in the Contractor’s License Detail for this contractor’s license in the Contractor’s State License Board’s license database is completely different from the address listed on ATP’s subcontractor list form: CARTER ENTERPRISES GROUP INC. dba PAVEMENT REHAB CO., 2890 E LA CRESTA AVE, ANAHEIM, CA 92806, Business Phone Number:
(714) 238-1444. (This is the same business address listed with the California Secretary of State).

Since ATP failed to properly list the business address of Pavement Rehab Company, its subcontractor list is not in compliance with the City’s bid specifications or the Subcontractor Listing Law, including, specifically, Public Contract Code Section 4104.

AGENDA ITEM #8.17
Construction contract with ATP General Engineering Contractors in the am... Page 412 of 959 City of Indio
August 2, 2023

38000 Monroe Street, Indio, CA 92203 | Telephone: 760.775.7500 | Facsimile: 760.775.8229

PERCENTAGE OF WORK LISTED FOR PAVEMENT REHAB COMPANY; ATP’S BID IS MATERIALLY

UNBALANCED

In its subcontractor list (on Page B-14), ATP listed Pavement Rehab Company for 20% of the total bid for “PCC”. When calculating the dollar value of this listing, it results in a commitment of $1,806,946 worth of PCC work on the Contract to Pavement Rehab Company. Under the “type of work” category on the subcontractor list, ATP just states “PCC” for Pavement Rehab Company’s work and is unclear as to what portion of the PCC work ATP will subcontract to Pavement Rehab Company. This obscure listing description could represent just the pouring of the PCC ramps, just the removal of the PCC ramps, or both. Using an obscure listing description, allows ATP to negotiate with Pavement Rehab Company after the bid, resulting in an advantage not afforded to other bidders.

In addition, it is clear that ATP’s bid is materially unbalanced. Title 23 of the Code of Federal regulations, Section 635.102 provides that a bid is mathematically unbalanced if the bid contains “lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder's anticipated profit, overhead costs, and other indirect costs.” Per the line-item pricing submitted by ATP, ATP bid the removal of the PCC ramps for $391,200 and the replacement of the PCC ramps for $782,400. These amounts are well short of the amount that ATP committed to subcontract to Pavement Rehab Company.

Such unbalanced listing gives rise to two scenarios, both of which impact the pricing submitted by ATP:

(1) Under the first scenario, ATP is in fact subcontracting $1,806,946 worth of PCC work to Pavement Rehab Company. If this is the case, ATP’s bid is materially unbalanced based upon the PCC line-item pricing mentioned above. Since a significant amount of money has been priced into other items, the PCC line-item pricing does not reflect the price of performing the work in the contract. As a result, the City would have no way of knowing what they are paying for the work that is being constructed by ATP.

(2) Under the second scenario, the line-item pricing in the bid submitted by ATP is reflective of the cost to perform the work. In that case, ATP has grossly overstated the work to be subcontracted to Pavement Rehab Company. If ATP doesn’t subcontract to listed subcontractor Pavement Rehab Company the $1,806,946 worth of PCC work that was committed to them, ATP would be further violating the Subcontractor Listing law (in particular, the provision prohibiting substitution of a listed subcontractor absent specified circumstances) and subject to penalties and potential disciplinary action per California Public Contract Code Section 4110 and 4111. Public Contract Code Section 4110 provides:

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August 2, 2023

38000 Monroe Street, Indio, CA 92203 | Telephone: 760.775.7500 | Facsimile: 760.775.8229

A prime contractor violating any of the provisions of this chapter violates his or her contract and the awarding authority may exercise the option, in its own discretion, of (1) canceling his or her contract or (2) assessing the prime contractor a penalty in an amount of not more than 10 percent of the amount of the subcontract involved, and this penalty shall be deposited in the fund out of which the prime contract is awarded.

In any proceedings under this section the prime contractor shall be entitled to a public hearing and to five days’ notice of the time and place thereof.

THE DEFECTS IN ATP’S BID ARE MATERIAL

A bid containing a material deviation must be rejected as non-responsive. A deviation in a bid is material if the variation would give the low bidder an unfair advantage over other bidders.

Here, ATP’s violations of the Subcontractor Listing Law and City’s bid specifications created an advantage for ATP not available to other bidders. The defects in its bid violated minimum State mandates and afforded ATP with the opportunity to bid shop a significant element the Contract and potentially obtain lower pricing to perform the PCC work after bid opening. In addition, its unbalanced pricing could result in unreasonably high prices for Contract performance.

SUMMARY

Summarily, we ask the City of Indio to consider the following:

• Incomplete Bid Package: ATP failed to include relevant information required to be provided in the questionnaire. This clearly violates the bidding instructions.

• Error in Subcontractor Listing Form: ATP failed to properly list Pavement Rehab Company in violation of both the City’s bid specifications and the State Subcontractor Listing Law (including Public Contract Code Section 4104).

• Percentage of Work Listed for Pavement Rehab Company/Unbalanced Bid: Based upon the percentage listed for Pavement Rehab, ATP has either materially unbalanced their bid or overcommitted the amount that will be subcontracted to Pavement Rehab Company. Either scenario renders their bid materially defective and non-responsive.

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38000 Monroe Street, Indio, CA 92203 | Telephone: 760.775.7500 | Facsimile: 760.775.8229

Granite respectfully requests that the City of Indio uphold Granite’s bid protest, deem the bid submitted by ATP as non-responsive, and award the Contract to Granite, as the lowest responsive and responsible bidder.

Thank you for your time and consideration of this matter. Should you have any questions or require additional information, please do not hesitate to contact me at (760) 578-3138 or [email protected].

Sincerely,

GRANITE CONSTRUCTION COMPANY

Joe Richardson
Chief Estimator

Cc: TRANSMITTED VIA E-MAIL
Martin Marietta San Diego Aggregates LLC dba ATP General Engineering Contractors Attn: Barbara Jacob
4211 Ponderosa Ave. STE C, San Diego, CA 92123
T: 858-944-6740
F: 858-292-1079
E: [email protected]

Granite Bid File

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AGENDA ITEM #8.17
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A UNION SIGNATORY
LICENSE # 1051374 EXP 03/31/25 QUOTE#: 20-23021
C-12 & C-8 REV-1
DIR# 1000064823 EXP 06/30/26
ATTN: ESTIMATING DEPARTMENT BID DATE: 7/26/2023
AGENCY: CITY OF INDIO
PROJECT: 23/24 PAVEMENT MANAGEMENT PROJECT

ITEM BASE BID SCHEDULE - DESCRIPTION QUANTITY UOM UNIT PRICE EXTENTION 1 MOBILIZATION (5% MAX) 1 LS 56,400.00$ 56,400.00$ 2 TRAFFIC CONTROL (PRC'S SCOPE ONLY) 1 LS 111,000.00$ 111,000.00$ 9 PCC CURB ACCESS RAMP 163 EA 4,800.00$ 782,400.00$ 10 REMOVE PCC CURB RAMPS 163 EA 2,400.00$ 391,200.00$ 11 CONCRETE REPAIRS OR OTHER WORK AS DIRECTED (ALLOWANCE) 1 LS 100,000.00$ 100,000.00$ $ 1,441,000.00
ITEM ADD. ALTERNATE BID SCHEDULE - DESCRIPTION QUANTITY UOM UNIT PRICE EXTENTION 17 CRACK SEAL (NON-RESIDENTIAL AREAS)
(INCLUDES UP TO 11 SHIFTS; EACH ADDITIONAL SHIFT IS $5,500) 2,230,000 SF 0.0570$ 127,110.00$ ITEM MISC. BID ITEMS QUANTITY UOM UNIT PRICE EXTENTION
N/A SLOT PATCHING (2' WIDE @ 8" DEPTH) 560 TON 215.00$ 120,400.00$ Notes/Inclusions:

This proposal is valid for 60 calendar days. All items listed above must be included otherwise subject to price change.

Price is based on (1) Move-Ins. Additional move will be $10,000.00 per each additional move.

Final payment will be based on Field measurement of all unit price items.

Remove & Replace PCC, Haul-Off, Compact, Grade, Restoration Bid is based on normal working hours (Monday-Friday 7:00am to 4:00pm) .

Basic Traffic Control - Signs, Flaggers, Cones/Delineators, Etc. (PRC's Scope Only) restoration/installation. Any and all items not listed above, Traffic Control Plans, Permits, Bonds, Fees, Testing, Inspections, Shop Drawing, Survey, Staking, Engineering, Erosion Control, SWPPP, Dewatering, Survey, prime coat, weed kill, slurry, testing, QC, QA, Plant opening fee, CMS boards, Subgrade prep. (Including but not limited to Joseph Nickolas Gilligan
Estimator
Office: (714) 238-1444 Cell: (323) 275-7956 Email: [email protected] ACCEPTANCE (Signature/Print Name )
BY: DATE:
810 E MANDEVILLA WAY, CORONA, CA 92879
OFFICE (714) 238-1444 - FAX (714) 333-4844

PAVEMENT REHAB COMPANY
Exclusions: (Unless noted in description)

BASE BID TOTAL
A minimum of 60 working days notification prior to mobilization is required for each move-in.

Addendum Acknowledged: 3
Items are taken together or quote is void.

Filling Crack with A.C., Work Zone Speed Limit Reduction System, Impact Attenuator Vehicle, Gray Crack Sealant, Slot paving, posting no parks, public notifications, tree removals, root barriers, root grinding/removals, rock base, artificial turf Scarify & Recompact), Dirt movement/Stockpile, Import/Export of Dirt, Rough Grading, Fine Grading, Compaction, Construction Water, Crushed Aggregate Base (CAB), Rubber Asphalt, Removal Petromat/Fabric, Prime/Fog/Seal Coat, Slurry Seal, Thickened Edge, Redwood Header, Grinding/Cold Plane, Sign & Striping, traffic loops, adjusting Manhole/Valve/Boxes, Night Work, Weekend Work, Overtime, Restricted Hours, Unforeseen and/or Undisclosed Conditions.

General Conditions
Any indemnity and defense obligation required from Pavement Rehab Company (PRC) shall be proportional and limited to the extent PRC's acts, omissions, fault, or negligence contribute to any alleged or actual claims or damages. Insurance included in this Bid: Commercial Liability $1MM per occurrence / $2MM aggregate; $2MM Products and Completed Operations Aggregate; $1MM Personal and Advertising Injury; $1MM Commercial Auto; Worker's Compensation coverage per statute.

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CONTRACT

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CONTRACT

CITY OF INDIO CONTRACT FOR
23/24 PAVEMENT MANAGEMENT PROJECT

THIS CONTRACT (“Contract”) is made and entered this 16th day of August , 2023 (“Effective Date”), by and between the CITY OF INDIO, a California municipal corporation (“City”) and ATP General Engineering Contractors , a limited liability company (“Contractor”). Contractor’s California State Contractor’s license number is 502506; Class A. Contractor’s DIR registration number is 1000012615.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post - Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as 23/24 Pavement Management Project (“Project”), as described in this Contract and in the Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of nine-million, thirty -four thousand, seven -hundred thirty dollars ($9,034,730) in accordance with the prices as submitted in the Bid.

4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).

5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.

7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the

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provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

10. Entire Agr eement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

11. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written.

CITY OF INDIO

By:

Mayor, Oscar Ortiz

ATTEST: APPROVED AS TO FORM:

By: By:

City Clerk Administrator, Sabdi Sanchez City Attorney, Steven Graham

Dated: ATP General Engineering Contractors
(“CONTRACTOR”)

By:

Signature

By:

Print name and title

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Bond No.

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Indio (“City”), State of California, has awarded to

(“Principal”)
(Name and address of Contractor)

a contract (the “Contract”) for the Work described as follows:

(Project name)

WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)

(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of

Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

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The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body
.

Dated:

“Principal” “Surety”

By:

Its

By:

Its

(Seal)
By:

Its

By:

Its

(Seal)

Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

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Bond No.

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Indio (“City”), has awarded to

(“Principal”)
(Name and address of Contractor)

a contract (the “Contract”) for the Work described as follows:

(Project name)

WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)

(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of

Dollars ($ ), this amount being not less than the
total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby

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waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on t he date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

“Principal” “Surety”

By:

Its

By:

Its

(Seal)
By:

Its

By:

Its

(Seal)

Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

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WORKERS’ COMPENSATION

CERTIFICATE OF INSURANCE

WHEREAS, the City of Indio (“City”) has required certain insurance to be provided by:

NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:

1. This certificate is issued to:

City of Indio
City Hall
100 Civic Center Mall
Indio, California 92201

The insureds under such policy or policies are:

2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:

Policy Number Effective Date Expiration Date

By:

Its Authorized Representative

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ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY

Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Indio (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insur eds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjuncti on with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non- renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Indio
100 Civic Center Mall
Indio, California 92201

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

AGENDA ITEM #8.17
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City Project: SMPMP City of Indio Public Works

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY

Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Indio (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as t he result of the payment of claims), or non- renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Indio
100 Civic Center Mall
Indio, California 92201

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state) . The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

AGENDA ITEM #8.17
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ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY

Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Indio (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional i nsureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjuncti on with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non- renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

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9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Indio
100 Civic Center Mall
Indio, California 92201

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NUMBER AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

I, (print name) , hereby declare under penalty of
perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

AGENDA ITEM #8.17
Construction contract with ATP General Engineering Contractors in the am... Page 432 of 959 City of Indio
City Council
August 16, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Construction contract with Road Works, Inc., for the Annual Crack Seal Program (Project No. CIP-24SMCS), in an amount not-to-exceed $400,000 per fiscal year, for a one-year term, with four optional one-year extensions

RECOMMENDATION:

Approve the plans and specifications for the FY 23/24 Annual Crack Seal Program (Proj ect No. CIP- 24SMCS); award a construction contract to Road Works, Inc. in an amount not -to-exceed $400,000 per fiscal year, for a one-year term, with four optional one-year extensions.

SUMMARY:

On July 27, 2023, the City received seven (7) sealed bids for the FY 23/24 Annual Crack Seal Program (Project No. CIP-24SMCS). After performing due diligence, staff determined that Road Works, Inc. is the lowest responsible bidder per the bid opening. The crack seal work will be conducted on residential, secondary and arterial roadways citywide.

BACKGROUND INFORMATION:

The proposed contract will allow the City to continue the annual crack seal program that was started in 2016. Crack seals are the most cost-effective preventative maintenance treatment the City uses to increase the lifespan of its streets. Streets that are crack sealed this year, are programmed for slurry seal in the following year, or as funds become available.

This preventative maintenance cycle of a crack seal followed by a slurry seal, is significantly cheaper, than a grind and overlay of the street, which is considered street rehabilitation. The City will usually do two cycles of preventative maintenance, before evaluating more costly options such as street rehabilitation.

The project was advertised on July 10, 2023, as a one-year term, with the option for four (4), one-year extensions. The City received and opened bids on July 27, 2023. A total of seven (7) sealed bids were received, which reflects the work we anticipate in the upcoming year. A summary of the bids received is provided below.

Bidder’s Name Location Bid Amount
Road Works, Inc. Pomona, CA $132,800
Tesoro Construction, Inc. South Gate, CA $166,457
Roy Alan Slurry Seal, Inc. Santa Fe Springs, CA $246,100 AGENDA ITEM #8.18
Construction contract with Road Works, Inc., for the Annual Crack Seal P... Page 433 of 959 Bidder’s Name Location Bid Amount
Graham Contractors, Inc. San Jose, CA $349,410
Global Road Sealing, Inc. Garden Grove, CA $353,300
Rubberized Crack Filler Sealer, Inc. Fullerton, CA $395,000 Onyx Paving Inc. Anaheim, CA $396,000

The City Engineer has reviewed the bid documents for the project and in his opinion, the project bid documents are reasonable and meet professional engineering standards. Therefore, the City Engineer recommends that the City Council approve the project bid documents, which are on file in the Department of Public Works.

Public Works staff examined the submissions, and after a careful review of the project requirements and bid documents, staff determined that the lowest responsible bidder is Road Works, Inc. The company is appropriately licensed and qualified to perform the work within the project specifications.

The engineer’s estimate to mobilize, provide traffic control, distribute notifications, and crack f ill 240,000 linear feet (LF) of cracks citywide was $400,000. Road Works, Inc. bid of $132,800 is substantially less than the engineer’s estimate. In comparing the three lowest bids, they had unit costs of 49.5 cents, 47 cents and 69 cents per linear foot of crack sealing, with varied bid prices for traffic control and mobilization. Staff feels that the bid by Road Works, Inc. is reasonable, and this contract will lock in their low bid prices for subsequent years, if the option to extend is granted. Staff recommends awarding the contract to Road Works, Inc.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$400,000 In current year budget: Yes
Current FY General
Fund Impact:
$400,000 Budget adjustment: No
Next FY Financial
Impact:
$1,600,000 Strategic Objective:

Source of funds: Gas Tax and Measure A Fund-Org-Object Reference:

Various

Additional Financial Details:

The City intends to budget a not-to-exceed amount of $400,000 each fiscal year, for the Annual Street Maintenance Crack Seal Program. The linear footage may change each year based on the condition of the streets being repaired, but the unit cost for each b id item will remain the same. The maximum expected in any given year is $400,000, with a total maximum contract value if all four (4) extensions are granted is $2,000,000.

The FY 23/24 Capital Improvement Program budget included $240,000 for the implementation of the Annual Crack Seal Program. Staff recommends the remaining balance, in the amount not to exceed $160,000 come from the Street Maintenance – Asphalt Repair budget.

Allocate budgeted funds from (SMPM) PMS -Street Rehabilitation in the amount of $160,000 to the FY 23/24 Annual Crack Seal Program (SMCS).

AGENDA ITEM #8.18
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SMCS Annual Crack Seal Program $240,000
SMAR Asphalt Repair $160,000
Total $400,000

Encumber funds in a not-to-exceed amount of $400,000 for the FY 23/24 Annual Crack Seal Program (Project No. CIP-24SMCS).

ATTACHMENTS:

Attachment 1 - Contract Road Works Inc

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 09 Aug 2023 Steven Graham, City Attorney Approved - 10 Aug 2023
Samantha Lopez, Finance Manager Approved - 10 Aug 2023
Bryan H. Montgomery, City Manager Approved - 10 Aug 2023

AGENDA ITEM #8.18
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CONTRACT

AGENDA ITEM #8.18
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City Project: 24SMCS City of Indio Public Works

CONTRACT

CITY OF INDIO CONTRACT FOR

ANNUAL CRACK SEAL PROGRAM

THIS CONTRACT (“Contract”) is made and entered this 16th day of August , 2023 (“Effective Date”), by and between the CITY OF INDIO, a California municipal corporation (“City”) and Road Works , Inc., a California corporation (“Contractor”). Contractor’s California State Contractor’s license number is 561431 ; Class C32. Contractor’s DIR registration number is 1000002011.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post- Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Annual Crack Seal Program (“Project”), as described in this Contract and in the Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of four hundred thousand dollars ($400,000) per fiscal year, for a one- year term, with four optional one- year extensions, in accordance with the prices as submitted in the Bid.

4. Incorporation by Reference. All of the following documents are attac hed hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).

5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.

7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the

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provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

10. Entire Agreement . This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

11. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written.

CITY OF INDIO

By:

Mayor, Oscar Ortiz

ATTEST: APPROVED AS TO FORM:

By: By:

City Clerk Administrator, Sabdi Sanchez City Attorney, Steven Graham

Dated: Road Works, Inc.
(“CONTRACTOR”)

By:

Signature

By:

Print name and title

AGENDA ITEM #8.18
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City Project: 24SMCS City of Indio Public Works

Bond No.

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Indio (“City”), State of California, has awarded to

(“Principal”)
(Name and address of Contractor)

a contract (the “Contract”) for the Work described as follows:

(Project name)

WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)

(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of

Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

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The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body
.

Dated:

“Principal” “Surety”

By:

Its

By:

Its

(Seal)
By:

Its

By:

Its

(Seal)

Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

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Bond No.

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Indio (“City”), has awarded to

(“Principal”)
(Name and address of Contractor)

a contract (the “Contract”) for the Work described as follows:

(Project name)

WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)

(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of

Dollars ($ ), this amount being not less than the
total Contract Price, in lawful money of the U nited States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby

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waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body
.

Dated:

“Principal” “Surety”

By:

Its

By:

Its

(Seal)
By:

Its

By:

Its

(Seal)

Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

AGENDA ITEM #8.18
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City Project: 24SMCS City of Indio Public Works

WORKERS’ COMPENSATION

CERTIFICATE OF INSURANCE

WHEREAS, the City of Indio (“City”) has required certain insurance to be provided by:

NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:

1. This certificate is issued to:

City of Indio
City Hall
100 Civic Center Mall
Indio, California 92201

The insureds under such policy or policies are:

2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:

Policy Number Effective Date Expiration Date

By:

Its Authorized Representative

AGENDA ITEM #8.18
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City Project: 24SMCS City of Indio Public Works

ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY

Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Indio (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter re ferred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non- renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

AGENDA ITEM #8.18
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City Project: 24SMCS City of Indio Public Works

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Indio
100 Civic Center Mall
Indio, California 92201

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

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City Project: 24SMCS City of Indio Public Works

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY

Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Indio (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non- renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

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City Project: 24SMCS City of Indio Public Works

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Indio
100 Civic Center Mall
Indio, California 92201

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NUMBER AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

I, (print name) , hereby declare under penalty of
perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

AGENDA ITEM #8.18
Construction contract with Road Works, Inc., for the Annual Crack Seal P... Page 447 of 959 City of Indio
City Council
August 16, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Construction contract with Universal Construction Engineering in an amount not-to-exceed $1,834,673.70 for the Madison Street Improvements Project (Project No. ST503C)

RECOMMENDATION:

Approve the plans and specifications for the Madison Street Improvements Project (Project No.

ST503C); and award a construction contract to Universal Construction Engineering in an amount not- to-exceed $1,834,673.70.

SUMMARY:

On August 9, 2023, the City received three (3) sealed bids for the Madison Street Improvements Project (Project No. ST503C). After performing due diligence, staff determined that Universal Construction Engineering is the lowest responsible bidder per the b id opening. The work is to widen Madison Street from Highway 111 to Avenue 48, consistent with the General Plan Mobility Element buildout condition.

BACKGROUND INFORMATION:

On October 9, 2019, the Council awarded a Professional Services Agreement with M ark Thomas & Company, Inc. for the engineering, survey, environmental documents, and right-of-way clearance for the Project to widen Madison Street from Highway 111 to Avenue 48.

The proposed improvements include widening the east side of Madison Street sufficiently to allow two lanes of traffic in each direction, a center median/left turn lane, bike lanes, and sidewalks to bring the street in to conformance with the General Plan Mobility Element. One of the northbound lanes will terminate at Highway 111, becoming a right-turn only lane. The proposed improvements also include widening the west side of Madison Street north of Highway 111 sufficiently to allow the installation of a right-turn pocket onto westbound Highway 111.

With the necessary right-of-way finally obtained, the final project design was completed. The project was advertised on July 19, 2023. The City received and opened bids on August 9, 2023. A total of three (3) sealed bids were received. A summary of the bids received is provided below.

Bidder’s Name Location Bid Amount
Universal Construction Palm Desert, CA $1,834,673.70
Granite Construction Indio, CA $2,023,000.00
Vance Corporation Beaumont, CA $2,395,732.50
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Public Works staff examined the submissions, and after a careful review of the project requirements and bid documents, staff determined that the lowest responsible bidder is Universal Construction Engineering. The company is appropriately licensed and qual ified to perform the work within the project specifications. The engineering cost estimate was $1,900,000. The bid amount was 3.6% lower than the cost estimate.

The City Engineer has reviewed the bid documents for the project and in his opinion, the pr oject bid documents are reasonable and meet professional engineering standards. Therefore, the City Engineer recommends that the City Council also approve the project bid documents, which are on file in the Department of Public Works. Construction is sched uled to take place from September 2023 to April 2024.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$1,834,673.70 In current year budget: Yes
Current FY General
Fund Impact:
$1,834,673.70 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: General Fund Fund-Org-Object
Reference:
300-523006

Additional Financial Details:

The City will be using General Fund resources that were set aside for the construction of the Madison Street Improvements Project, per the approved FY 23/24 Capital Improvement Program budget.

ATTACHMENTS:

Attachment 1
Attachment 2

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 09 Aug 2023 Steven Graham, City Attorney Approved - 10 Aug 2023
Samantha Lopez, Finance Manager Approved - 10 Aug 2023
Bryan H. Montgomery, City Manager Approved - 10 Aug 2023

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ATTACHMENT 1
Project Location Map

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CONTRACT

AGENDA ITEM #8.19
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City Project: ST503C City of Indio Public Works

CONTRACT

CITY OF INDIO CONTRACT FOR
MADISON STREET IMPROVEMENTS FROM HIGHWAY 111 TO AVENUE 48

THIS CONTRACT (“Contract”) is made and entered this 16 th day of August , 2023 (“Effective Date”), by and between the CITY OF INDIO, a California municipal corporation (“City”) and Universal Construction Engineering, a C alifornia corporation, (“Contractor”). Contractor’s California State Contractor’s license number is 101961; Class A). Contractor’s DIR registration number is 1000534892.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post - Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Madison Street Improvements from Highway 111 to Avenue 48 (“Project”), as described in this Contract and in the Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of o ne-million, eight-hundred thirty -four thousand, six- hundred seventy-three dollars, and seventy cents ($1,834,673.70) in accordance with the prices as submitted in the Bid.

4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).

5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.

7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the

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City Project: ST503C City of Indio Public Works

provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

10. Entire Agreement . This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or writ ten negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

11. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written.

CITY OF INDIO

By:

Mayor, Oscar Ortiz

ATTEST: APPROVED AS TO FORM:

By: By:

City Clerk Administrator, Sabdi Sanchez City Attorney, Steven Graham

Dated: Universal Construction Engineering
(“CONTRACTOR”)

By:

Signature

By:

Print name and title

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City Project: ST503C City of Indio Public Works

Bond No.

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Indio (“City”), State of California, has awarded to

(“Principal”)
(Name and address of Contractor)

a contract (the “Contract”) for the Work described as follows:

(Project name)

WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)

(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of

Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

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City Project: ST503C City of Indio Public Works

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body
.

Dated:

“Principal” “Surety”

By:

Its

By:

Its

(Seal)
By:

Its

By:

Its

(Seal)

Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

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City Project: ST503C City of Indio Public Works

Bond No.

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Indio (“City”), has awarded to

(“Principal”)
(Name and address of Contractor)

a contract (the “Contract”) for the Work described as follows:

(Project name)

WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)

(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of

Dollars ($ ), this amount being not less than the
total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby

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waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body
.

Dated:

“Principal” “Surety”

By:

Its

By:

Its

(Seal)
By:

Its

By:

Its

(Seal)

Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

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City Project: ST503C City of Indio Public Works

WORKERS’ COMPENSATION

CERTIFICATE OF INSURANCE

WHEREAS, the City of Indio (“City”) has required certain insurance to be provided by:

NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:

1. This certificate is issued to:

City of Indio
City Hall
100 Civic Center Mall
Indio, California 92201

The insureds under such policy or policies are:

2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:

Policy Number Effective Date Expiration Date

By:

Its Authorized Representative

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ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY

Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Indio (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insur eds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjuncti on with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non- renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Indio
100 Civic Center Mall
Indio, California 92201

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

AGENDA ITEM #8.19
Construction contract with Universal Construction Engineering in an amou... Page 461 of 959 C-11
City Project: ST503C City of Indio Public Works

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY

Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Indio (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional i nsureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjuncti on with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non- renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

AGENDA ITEM #8.19
Construction contract with Universal Construction Engineering in an amou... Page 462 of 959 C-12
City Project: ST503C City of Indio Public Works

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Indio
100 Civic Center Mall
Indio, California 92201

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NUMBER AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

I, (print name) , hereby declare under penalty of
perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

AGENDA ITEM #8.19
Construction contract with Universal Construction Engineering in an amou... Page 463 of 959 City of Indio
City Council
August 16, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Approval of Final Parcel Map for The HH Trust, Parcel Map No. 38335 (Indio Self Storage), generally located on the south side of Indio Boulevard and east of Madison Street

RECOMMENDATION:

Find that the Final Parcel Map conforms to all applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinanc e; approve the Final Parcel Map for The HH Trust, Parcel Map No. 38335 (Indio Self Storage), generally located on the south side of Indio Boulevard and east of Madison Street; authorize the City Clerk to attest the approved Parcel Map upon completion of an y technical corrections required by the City Engineer; and authorize the Mayor to sign and the City Clerk to attest the Subdivision Improvement Agreement and accept the Street and Survey Monument Improvement Bonds.

SUMMARY:

The proposed subdivision for Parcel Map No. 38335 (Indio Self Storage) generally located on the south side of Indio Boulevard and east of Madison Street, consists of a 5.14 -acre parcel that will be subdivided into two (2) parcels. The HH Trust, has submitted the Subdivision Improvement Agreement along with Performance and Payment Bonds to guarantee the site improvements.

BACKGROUND INFORMATION:

On February 1, 2023, the City Council approved Tentative Parcel Map No. 38335 and set certain conditions for the site improvements. The HH Trust is required to comply with the conditions of the approved tentative parcel map. The HH Trust has executed the Subdivision Improvement Agreement and submitted the necessary Bonds to guarantee the completion of the site impr ovements for the project.

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:
$0 Strategic Objective:

Source of funds: N/A Fund-Org-Object
Reference:

N/A
AGENDA ITEM #8.20
Approval of Final Parcel Map for The HH Trust, Parcel Map No. 38335 (Ind... Page 464 of 959

Additional Financial Details:

Final Parcel Map No. 38335 is not required to be annexed into the Public Safety Community Facilities District 2004-1.

ATTACHMENTS:

Attachment 1

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 09 Aug 2023 Steven Graham, City Attorney Approved - 09 Aug 2023
Glendale Berdan, Accountant Approved - 09 Aug 2023
Bryan H. Montgomery, City Manager Approved - 09 Aug 2023

AGENDA ITEM #8.20
Approval of Final Parcel Map for The HH Trust, Parcel Map No. 38335 (Ind... Page 465 of 959 ATTACHMENT 1

VICINITY MAP

AGENDA ITEM #8.20
Approval of Final Parcel Map for The HH Trust, Parcel Map No. 38335 (Ind... Page 466 of 959 ATTACHMENT - 1

COUNCIL MEETING DATE

APPLICANT
N
W E

E N G I N E E R I N G S E R V I C E S
LEGEND

PROJECT

LOCATION
SUMMARY:

THE PROPOSED SUBDIVISION FOR PARCEL MAP NO. 38335
(INDIO SELF STORAGE) GENERALLY LOCATED ON THE

SOUTH SIDE OF INDIO BOULEVARD AND EAST OF MADISON
STREET. THE HH TRUST, HAS SUBMITTED THE SUBDIVISION

IMPROVEMENT AGREEMENT ALONG WITH PERFORMANCE

AND PAYMENT BONDS TO GUARANTEE THE SITE
IMPROVEMENTS.

V I C I N I T Y M A P
S

NOT TO SCALE

THE HH TRUST

MONROE ST
AVENUE 42
PM 38335

FRED WARING DR

JEFFERSON ST

INDIO BLVD

MADISON ST

CLINTON ST

AGENDA ITEM #8.20
Approval of Final Parcel Map for The HH Trust, Parcel Map No. 38335 (Ind... Page 467 of 959 City of Indio
City Council
August 16, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Approval of Final Parcel Map for Canopy, LP, Parcel Map No. 38262 (Canopy at Citrus), generally located on the east side of Jefferson Street and north of Avenue 50

RECOMMENDATION:

Find that the Final Parcel Map conforms to all applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance; approve the Final Parcel Map for Canopy, LP, Parcel Map No. 38262 (Canopy at Citrus), generally located on the east side of Jefferson Street and north of Avenue 50; and authorize the City Clerk to attest the approved Parcel Map upon completion of any technica l corrections required by the City Engineer.

SUMMARY:

The proposed subdivision for Parcel Map No. 38262 (Canopy at Citrus), generally located on the east side of Jefferson Street and north of Avenue 50, consists of a 8.47-acre parcel that will be subdivided into four (4) parcels plus a remainder parcel. All t he required improvements are in, therefore there is no need for a Subdivision Improvement Agreement and bonds.

BACKGROUND INFORMATION:

On August 17, 2022, the City Council approved Tentative Parcel Map No. 38262 and set certain conditions for the site improvements. All the required improvements are in, therefore there is no need for a Subdivision Improvement Agreement and bonds.

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:
$0 Strategic Objective:

Source of funds: N/A Fund-Org-Object
Reference:

N/A

Additional Financial Details:

None.

AGENDA ITEM #8.21
Approval of Final Parcel Map for Canopy, LP, Parcel Map No. 38262 (Canop... Page 468 of 959 ATTACHMENTS:

Attachment 1

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 09 Aug 2023 Steven Graham, City Attorney Approved - 09 Aug 2023
Glendale Berdan, Accountant Approved - 09 Aug 2023
Bryan H. Montgomery, City Manager Approved - 09 Aug 2023

AGENDA ITEM #8.21
Approval of Final Parcel Map for Canopy, LP, Parcel Map No. 38262 (Canop... Page 469 of 959 ATTACHMENT 1

VICINITY MAP

AGENDA ITEM #8.21
Approval of Final Parcel Map for Canopy, LP, Parcel Map No. 38262 (Canop... Page 470 of 959 ATTACHMENT - 1

COUNCIL MEETING DATE

APPLICANT
N
W E

E N G I N E E R I N G S E R V I C E S
LEGEND

PROJECT

LOCATION
AUGUST 16, 2023
SUMMARY:

THE PROPOSED SUBDIVISION FOR PARCEL MAP NO. 38262
(CANOPY AT CITRUS), GENERALLY LOCATED ON THE EAST
SIDE OF JEFFERSON STREET AND NORTH OF AVENUE 50,
CONSISTS OF A 8.47-ACRE PARCEL THAT WILL BE
SUBDIVIDED INTO FOUR (4) PARCELS PLUS A REMAINDER
PARCEL. ALL THE REQUIRED IMPROVEMENTS ARE IN,

THEREFORE THERE IS NO NEED FOR A SUBDIVISION
IMPROVEMENT AGREEMENT AND BONDS.

V I C I N I T Y M A P
S

NOT TO SCALE

CANOPY, LP
AVENUE 48

CITY OF INDIO

CITY OF

LA QUINTA
PM 38262

JEFFERSON ST

MADISON ST
AVENUE 50
AVENUE 49

AGENDA ITEM #8.21
Approval of Final Parcel Map for Canopy, LP, Parcel Map No. 38262 (Canop... Page 471 of 959 City of Indio
City Council
August 16, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the City’s bulk fuel needs

RECOMMENDATION:

Approve the fuel purchase in the amount of $500,000 from Soco Group, Inc. for the City’s bulk fuel needs.

SUMMARY:

With the construction of the Indio Corporate Yard, an above ground bulk fueling facility was built. This fueling facility gives the City an opportunity to purchase bulk fuel at a lower rate and a more secure means in which to provide fuel for the City’s mo bile fleet equipment. Staff has reviewed the current fuel delivery service contract for the County of Riverside and has determined that this contract will meet the City’s needs for cost effectiveness and fuel specifications.

BACKGROUND INFORMATION:

The County of Riverside has entered into an agreement with Soco Group, Inc. for the purchase of bulk fuel. The City’s municipal code 33.116 Purchasing Policies and Guidelines (paragraph 4 section C) allows for cooperative purchasing with other public jurisdict ions on agreements with vendors for goods that are established by competitive bidding by another public jurisdiction, such as the County of Riverside in this case. Purchasing on Riverside County’s fuel delivery service contract to supply fuel for the needs of the City of Indio will give staff the ability to continue a timely and cost -effective procurement of needed bulk fuel. In the event of an emergency, a second vendor for fuel purchases is also available utilizing Riverside County’s fuel delivery service contact.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$500,000 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: Fleet Maintenance - Motor Fuel Fund-Org-Object Reference:
605-531030

Additional Financial Details:

AGENDA ITEM #8.22
Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the Ci... Page 472 of 959 For Fiscal Year 23/24, $500,000.00 was budgeted for citywide fueling needs. The funds are budgeted and available within the Internal Service Fund (Fleet Services).

ATTACHMENTS:

Attachment 1

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 09 Aug 2023 Steven Graham, City Attorney Approved - 09 Aug 2023
Alan Garcia, Accountant Approved - 09 Aug 2023
Bryan H. Montgomery, City Manager Approved - 09 Aug 2023

AGENDA ITEM #8.22
Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the Ci... Page 473 of 959

ATTACHMENT 1

RIVERSIDE COUNTY DELIVERY SERVICE CONTRACT

AGENDA ITEM #8.22
Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the Ci... Page 474 of 959 Contract ID # PSA-0004078

RFP# or BOS Agenda/Date or SSJ# Page 1 of 32
Form #116-310 – Dated: 3/21/2019

PROFESSIONAL SERVICE AGREEMENT
for

PURCHASE AND DELIVERY OF
UNLEADED 87 OCTANE FUEL AND

ULTRA-LOW SULFUR DIESEL FUEL
between

COUNTY OF RIVERSIDE
and

SC COMMERCIAL, LLC

DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

AGENDA ITEM #8.22
Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the Ci... Page 475 of 959 Contract ID # PSA-0004078

RFP# or BOS Agenda/Date or SSJ# Page 2 of 32
Form #116-310 – Dated: 3/21/2019

TABLE OF CONTENTS

SECTION HEADING PAGE NUMBER

1. Description of Services....................................................................................................................... 3

2. Period of Performance ........................................................................................................................ 3

3. Compensation ..................................................................................................................................... 3-4

4. Alteration or Changes to the Agreement ........................................................................................... 5

5. Termination ........................................................................................................................................ 5-6

6. Ownership/Use of Contract Materials and Products ......................................................................... 6

7. Conduct of Contractor ........................................................................................................................ 6-7

8. Inspection of Service; Quality Control/Assurance ............................................................................ 7

9. Independent Contractor/Employment Eligibility ............................................................................... 7-9

10. Subcontract for Work or Services ...................................................................................................... 9

11. Disputes ............................................................................................................................................. 9

12. Licensing and Permits ....................................................................................................................... 9

13. Use by Other Political Entities ........................................................................................................... 10

14. Non-Discrimination ........................................................................................................................... 10

15. Records and Documents .................................................................................................................... 10

16. Confidentiality ................................................................................................................................... 10-11

17. Administration/Contract Liaison ........................................................................................................ 11

18. Notices ................................................................................................................................................ 11

19. Force Majeure ..................................................................................................................................... 11

20. EDD Reporting Requirements ............................................................................................................ 11-12

21. Hold Harmless/Indemnification ......................................................................................................... 12

22. Insurance ........................................................................................................................................... 12-15

23. General .............................................................................................................................................. 15-17 Exhibit A-Scope of Services ........................................................................................................................... 18-20 Exhibit B-Payment Provisions ........................................................................................................................ 21-32 DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

AGENDA ITEM #8.22
Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the Ci... Page 476 of 959 Contract ID # PSA-0004078

RFP# or BOS Agenda/Date or SSJ# Page 3 of 32
Form #116-310 – Dated: 3/21/2019

This Agreement is made and entered into this 1st day of April, 20 22, by and between SC COMMERCIAL, LLC, a Delaware limited liability company, (herein referred to as "CONTRACTOR") and the COUNTY OF RIVERSIDE , a political subdivision of the State of California, (herein referred to as "COUNTY"). The parties agree as follows:

1. Description of Services

1.1 CONTRACTOR shall provide all services as outlined and specified in Exhibit A, Scope of Services, at the prices stated in Exhibit B, Payment Provisions, for the purchase and delivery of fuel and ultra- low sulfur diesel fuel.

1.2 CONTRACTOR represents that it has the skills, experience, and knowledge necessary to perform under this Agreement and the COUNTY relies upon this representation. CONTRACTOR shall perform to the satisfaction of the COUNTY and in conformance to and consistent with the highest standards of firms/professionals in the same discipline in the State of California.

1.3 CONTRACTOR affirms that it is fully apprised of all of the work to be performed under this Agreement; and the CONTRACTOR agrees it can properly perform this work at the prices stated in Exhibit B.

CONTRACTOR is not to perform services or provide products outside of the Agreement.

1.4 Acceptance by the COUNTY of the CONTRACTOR’s performance under this Agreement does not operate as a release of CONTRAC TOR’s responsibility for full compliance with the terms of this Agreement.

2. Period of Performance

2.1 This Agreement shall be effective April 1, 2022 and continues in effect through March 31, 2027, unless terminated earlier. CONTRACTOR shall commence pe rformance upon signature of this Agreement by both parties and shall diligently and continuously perform thereafter. The Riverside County Board of Supervisors is the only authority that may obligate the C OUNTY for a non-cancelable multi-year agreement.

3. Compensation

3.1 The COUNTY shall pay the CONTRACTOR for services performed, products provided and expenses incurred in accordance with the terms of Exhibit B, Payment Provisions . Maximum payments by COUNTY to CONTRACTOR shall not exceed three million dollars ($3,000,000.00) annually including all expenses. The COUNTY is not responsible for any fees or costs incurred above or beyond the contracted amount and shall have no obligation to purchase any specified amount of services or products. Unless DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

AGENDA ITEM #8.22
Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the Ci... Page 477 of 959 Contract ID # PSA-0004078

RFP# or BOS Agenda/Date or SSJ# Page 4 of 32
Form #116-310 – Dated: 3/21/2019

otherwise specifically stated in Exhibit B, COUNTY shall not be responsible for payment of any of CONTRACTOR’s expenses related to this Agreement.

3.2 No price increases will be permitted during the first year of this Agreement (If applicable). The COUNTY requires written proof satisfactory to COUNTY of cost increases prior to any approved price adjustment.

After the first year of the award, a minimum of 30-days advance notice in writing is required to be considered and approved by COUNTY. No retroactive price adjustments will be considered. Any price increases must be stated in a written amendment to this Agreement. The net dollar amount of profit will remain firm during the period of the Agreement. Annual increases shall not exceed the Consumer Price Index- All Consumers, All Items - Greater Los Angeles, Riverside and Orange County areas and be subject to satisfactory performance review by the COUNTY and approved (if needed) for budget funding by the Board of Supervisors.

3.3 CONTRACTOR shall be paid only in accordance with an invoice submitted to COUNTY by CONTRACTOR within fifteen (15) days from the last day of each calendar month, and COUNTY shall pay the invoice within thirty (30) working days from the date of receipt of the invoice. Payment shall be made to CONTRACTOR only after services have been rendered or delivery of materials or products, and acceptance has been made by COUNTY. Prepare invoices in duplicate. For this Agreement, send the original and duplicate copies of invoices to the COUNTY department that requested the services. a) Each invoice shall contain a minimum of the following information: invoice number and date; remittance address; bill -to and ship -to addresses of ordering department/division; Agreement number (PSA-0004078); quantities; item descriptions, unit prices, extensions, sales/use tax if applicable, and an invoice total.
b) Invoices shall be rendered monthly in arrears.

3.4 The COUNTY obligation for payment of this Agreement beyond the current fiscal year end is contingent upon and limited by t he availability of COUNTY funding from which payment can be made. In the State of California, government agencies are not allowed to pay excess interest and late charges, per Government Code, Section 926.10. No legal liability on the part of the COUNTY sha ll arise for payment beyond June 30 of each calendar year unless funds are made available for such payment. In the event that such funds are not forthcoming for any reason, COUNTY shall immediately notify CONTRACTOR in writing; and this Agreement shall be deemed terminated, have no further force, and effect.

DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

AGENDA ITEM #8.22
Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the Ci... Page 478 of 959 Contract ID # PSA-0004078

RFP# or BOS Agenda/Date or SSJ# Page 5 of 32
Form #116-310 – Dated: 3/21/2019

4. Alteration or Changes to the Agreement

4.1 The Board of Supervisors and the COUNTY Purchasing Agent and/or his designee is the only authorized COUNTY representatives who may at any time, by written order, alter this Agreement. If any such alteration causes an increase or decrease in the cost of, or the time required for the performance under this Agreement, an equitable adjustment shall be made in the Agreement price or delivery schedule, or both, and the Agreement shall be modified by written amendment accordingly.

4.2 Any claim by the CONTRACTO R for additional payment related to this Agreement shall be made in writing by the CONTRACTOR within thirty (30) days of when the CONTRACTOR has or should have notice of any actual or claimed change in the work, which results in additional and unanticipated cost to the CONTRACTOR. If the COUNTY Purchasing Agent decides that the facts provide sufficient justification, he may authorize additional payment to the CONTRACTOR pursuant to the claim. Nothing in this section shall excuse the CONTRACTOR from proceeding with performance of the Agreement even if there has been a change.

5. Termination

5.1 COUNTY may terminate this Agreement without cause upon thirty (30) days written notice served upon the CONTRACTOR stating the extent and effective date of termination.

5.2 COUNTY may, upon five (5) days written notice , terminate this Agreement for CONTRACTOR's default, if CONTRACTOR refuses or fails to comply with the terms of this Agreement or fails to make progress that may endanger performance and does not immediate ly cure such failure. In the event of such termination, the COUNTY may proceed with the work in any manner deemed proper by COUNTY.

5.3 After receipt of the notice of termination, CONTRACTOR shall:
(a) Stop all work under this Agreement on the date specified in the notice of termination; and
(b) Transfer to COUNTY and deliver in the manner as directed by COUNTY any materials, reports or other products, which, if the Agreement had been completed or continued, would have been required to be furnished to COUNTY.

5.4 After termination, COUNTY shall make payment only for CONTRACTOR’s performance up to the date of termination in accordance with this Agreement.

5.5 CONTRACTOR’s rights under this Agreement shall terminate (except for fees accrued prior to the date of termination) upon dishonesty or a willful or material breach of this Agreement by DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

AGENDA ITEM #8.22
Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the Ci... Page 479 of 959 Contract ID # PSA-0004078

RFP# or BOS Agenda/Date or SSJ# Page 6 of 32
Form #116-310 – Dated: 3/21/2019

CONTRACTOR; or in the event of CONTRACTOR’s unwillingness or inability for any reason whatsoever to perform the terms of this Agreement. In such event, CONTRACTOR shall no t be entitled to any further compensation under this Agreement.

5.6 If the Agreement is federally or State funded, CONTRACTOR cannot be debarred from the System for Award Management (SAM ). CONTRACTOR must notify the COUNTY immediately of a debarment. Refer ence: System for Award Management (SAM) at https://www.sam.gov for Central Contractor Registry (CCR), Federal Agency Registration (Fedreg), Online Representations and Certifications Application, and Excluded Parties List System (EPLS)). Excluded Parties Li sting System (EPLS) (http://www.epls.gov) (Executive Order 12549, 7 CFR Part 3017, 45 CFR Part 76, and 44 CFR Part 17). The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS.

5.7 The rights and remedies of COUNTY provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement.

6. Ownership/Use of Contract Materials and Products
The CONTRACTOR agrees that all materials, reports or products in any form, including electronic, created by CONTRACTOR for which CONTRACTOR has been compensated by COUNTY pursuant to this Agreement shall be the sole property of the COUNTY. The material, reports or products may be used by the COUNTY for any purpose that the COUNTY deems to be appropriate, including, but not limit to, duplication and/or distribution within the COUNTY or to third parties. CONTRACTOR agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the COUNTY.

7. Conduct of Contractor

7.1 The CONTRACTOR covenants that it presently has no interest, including, but not limited to, other projects or contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with CONTRACTOR’s performance under this Agreement. The CONTRACTOR further covenants that no person or subcontractor having any such intere st shall be employed or retained by CONTRACTOR under this Agreement. The CONTRACTOR agrees to inform the COUNTY of all the CONTRACTOR's interests, if any, which are or may be perceived as incompatible with the COUNTY’s interests.

7.2 The CONTRACTOR shall not, under circumstances which could be interpreted as an attempt to influence the recipient in the conduct of his/her duties, accept any gratuity or special favor from individuals DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

AGENDA ITEM #8.22
Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the Ci... Page 480 of 959 Contract ID # PSA-0004078

RFP# or BOS Agenda/Date or SSJ# Page 7 of 32
Form #116-310 – Dated: 3/21/2019

or firms with whom the CONTRACTOR is doing business or proposing to do business, in accomplishing the work under this Agreement.

7.3 The CONTRACTOR or its employees shall not offer gifts, gratuity, favors, and entertainment directly or indirectly to COUNTY employees.

8. Inspection of Service; Quality Control/Assurance

8.1 All performance (which includes services, workmanship, materials, supplies and equipment furnished or utilized in the performance of this Agreement) shall be subject to inspection and test by the COUNTY or other regulatory agencies at all times. The CONTRACTOR shall provide adequate cooperation to any inspector or other COUNTY representative to permit him/her to determine the CONTRACTOR’s conformity with the terms of this Agreement. If any services performed or products provided by CONTRACTOR are not in conformance with the terms of this Agreement, the COUNTY shall have the right to require the CONTRACTOR to perform the services or provide the products in conformance with the terms of the Agreement at no additional cost to the COUNTY. When the services to be perfor med or the products to be provided are of such nature that the difference cannot be corrected; the COUNTY shall have the right to: (1) require the CONTRACTOR immediately to take all necessary steps to ensure future performance in conformity with the terms of the Agreement; and/or (2) reduce the Agreement price to reflect the reduced value of the services performed or products provided. The COUNTY may also terminate this Agreement for default and charge to CONTRACTOR any costs incurred by the COUNTY because of the CONTRACTOR’s failure to perform.

8.2 CONTRACTOR shall establish adequate procedures for self -monitoring and quality control and assurance to ensure proper performance under this Agreement; and shall permit a COUNTY representative or other regulatory official to monitor, assess, or evaluate CONTRACTOR’s performance under this Agreement at any time, upon reasonable notice to the CONTRACTOR.

9. Independent Contractor/Employment Eligibility

9.1 The CONTRACTOR is, for purposes relating to this Agreement, an independent contractor and shall not be deemed an employee of the COUNTY. It is expressly understood and agreed that the CONTRACTOR (including its employees, agents, and subcontractors) shall in no event be entitled to any benefits to which COUNTY empl oyees are entitled, including but not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits. There shall be no employer- employee relationship between the parties; and CONTRACTOR shall hold COUNTY harmless from any and all claims that may be made against COUNTY based upon any contention by a third party that an employer - DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

AGENDA ITEM #8.22
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employee relationship exists by reason of this Agreement. It is further understood and agreed by the parties that CONTRACTOR in the performance of this Agreement is subject to the control or direction of COUNTY merely as to the results to be accomplished and not as to the means and methods for accomplishing the results.

9.2 CONTRACTOR warrants that it shall make its best effort to fully comply with all federal and state statutes and regulations regarding the employment of aliens and others and to ensure that employees performing work under this Agreement meet the citizenship or alien status requirement set forth in federal statutes and regulations. CONTRACTOR shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by federal or state statutes and regulations including, but not limited to, the I mmigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. CONTRACTOR shall retain all such documentation for all covered employees, for the period prescribed by the law.

9.3 Ineligible Person shall be any individual or entity who: Is currently excluded, suspended, debarred or otherwise ineligible to participate in the federal health care programs; or has been convicted of a criminal offense related to the provision of health care items or services and has not been reinstated in the federal health care programs after a period of exclusion, suspension, debarment, or ineligibility.

9.4 CONTRACTOR shall screen prospective Covered Individuals prior to hire or engagement.

CONTRACTOR shall no t hire or engage any Ineligible Person to provide services directly relative to this Agreement. CONTRACTOR shall screen all current Covered Individuals within sixty (60) days of execution of this Agreement to ensure that they have not become Ineligible Per sons unless CONTRACTOR has performed such screening on same Covered Individuals under a separate agreement with COUNTY within the past six (6) months. Covered Individuals shall be required to disclose to CONTRACTOR immediately any debarment, exclusion or o ther event that makes the Covered Individual an Ineligible Person.

CONTRACTOR shall notify COUNTY within five (5) business days after it becomes aware if a Covered Individual providing services directly relative to this Agreement becomes debarred, excluded or otherwise becomes an Ineligible Person.

9.5 CONTRACTOR acknowledges that Ineligible Persons are precluded from providing federal and state funded health care services by contract with COUNTY in the event that they are currently sanctioned or excluded by a federal or state law enforcement regulatory or licensing agency. If CONTRACTOR becomes aware that a Covered Individual has become an Ineligible Person, CONTRACTOR shall remove such individual from responsibility for, or involvement w ith, COUNTY business operations related to this Agreement.

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9.6 CONTRACTOR shall notify COUNTY within five (5) business days if a Covered Individual or entity is currently excluded, suspended or debarred, or is identified as such after being sanction scree ned.

Such individual or entity shall be promptly removed from participating in any activity associated with this Agreement.

10. Subcontract for Work or Services
No contract shall be made by the CONTRACTOR with any other party for furnishing any of the work or services under this Agreement without the prior written approval of the COUNTY; but this provision shall not require the approval of contracts of employment between the CONTRACTOR and personnel assigned under this Agreement, or for parties named in the proposal and agreed to under this Agreement. This section does not apply to common carriers required to perform transport deliveries when needed.

11. Disputes

11.1 The parties shall attempt to resolve any disputes amicably at the working level. If that is not successful, the dispute shall be referred to the senior management of the parties. Any dispute relating to this Agreement, which is not resolved by the parties, shall be decided by the COUNTY’s Purchasing Department’s Compliance Contract Office r who shall furnish the decision in writing. The decision of the COUNTY’s Compliance Contract Officer shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneo us to imply bad faith. The CONTRACTOR shall proceed diligently with the performance of this Agreement pending the resolution of a dispute.

11.2 Prior to the filing of any legal action related to this Agreement, the parties shall be obligated to attend a mediation session in Riverside County before a neutral third -party mediator. A second mediation session shall be required if the first session is not successful. The parties shall share the cost of the mediations.

12. Licensing and Permits
CONTRACTOR shall comply with all State or other licensing requirements, including but not limited to the provisions of Chapter 9 of Division 3 of the Business and Professions Code. All licensing requirements shall be met at the time proposals are submitted to the COUNTY . CONTRACTOR warrants that it has all necessary permits, approvals, certificates, waivers and exemptions necessary for performance of this Agreement as required by the laws and regulations of the United States, the State of California, the County of Riverside and all other governmental agencies with jurisdiction, and shall maintain these throughout the term of this Agreement.

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13. Use By Other Political Entities
The CONTRACTOR agrees to extend the same pricing, terms, and conditions as stated in this Agreement to each and every political entity, special district, and related non -profit entity. It is understood that other entities shall make purchases in their own name, make direct payment, and be liable directly to the CONTRACTOR; and COUNTY shall in no wa y be responsible to CONTRACTOR for other entities’ purchases.

14. Non-Discrimination
CONTRACTOR shall not discriminate in the provision of services, allocation of benefits, accommodation in facilities, or employment of personnel on the basis of ethni c group identification, race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex in the performance of this Agreement; and, to the extent they shall be found to be applicable hereto, shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code 12900 et. seq), the Federal Civil Rights Act of 1964 (P.L. 88-352), the Americans with Disabilities Act of 1990 (42 U.S.C. S1210 et seq.) and all other applicable laws or regulations.

15. Records and Documents
CONTRACTOR shall make available, upon written request by any duly authorized Federal, State, or COUNTY agency, a copy of this Agreement and such books, documents and records as are necessary to certify the nature and exte nt of the CONTRACTOR’s costs related to this Agreement. All such books, documents and records shall be maintained by CONTRACTOR for at least five (5) years following termination of this Agreement and be available for audit by the COUNTY. CONTRACTOR shall p rovide to the COUNTY reports and information related to this Agreement as requested by COUNTY.

16. Confidentiality

16.1 The CONTRACTOR shall not use for personal gain or make other improper use of privileged or confidential information which is acquired in connection with this Agreement. The term “privileged or confidential information” includes but is not limited to: unpublished or sensitive technological or scientific information; medical, personnel, or security records; anticipated material requirements or pricing/purchasing actions; COUNTY information or data which is not subject to public disclosure; COUNTY operational procedures; and knowledge of selection of contractors, subcontractors or suppliers in advance of official announcement.

16.2 The CONTRACTOR shall protect from unauthorized disclosure names and other identifying information concerning persons receiving services pursuant to this Agreement, except for general statistical DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

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information not identifying any person. The CONTRACTOR shall not use such information for any purpose other than carrying out the CONTRACTOR’s obligations under this Agreement. The CONTRACTOR shall promptly transmit to the COUNTY all third -party requests for disclosure of such information. The CONTRACTOR shall not d isclose, except as otherwise specifically permitted by this Agreement or authorized in advance in writing by the COUNTY, any such information to anyone other than the COUNTY.

For purposes of this paragraph, identity shall include, but not be limited to, name, identifying number, symbol, or other identifying particulars assigned to the individual, such as finger or voice print or a photograph.

17. Administration/Contract Liaison
The COUNTY Purchasing Agent, or designee, shall administer this Agreement on be half of the COUNTY. The Purchasing Department is to serve as the liaison with CONTRACTOR in connection with this Agreement.

18. Notices
All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective parties at the addresses set forth below and are deemed submitted two (2) days after their deposit in the United States mail, postage prepaid:

COUNTY OF RIVERSIDE CONTRACTOR
Purchasing & Fleet Services SC Commercial, LLC
2980 Washington Street 1800 W. Katella Avenue, Ste. 400 Riverside, CA 92504 Orange, CA 92867

19. Force Majeure
If either party is unable to comply with any provision of this Agreement due to causes beyond its reasonable control, and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, or other similar acts, such party shall not be held liable for such failure to comply.

20. EDD Reporting Requirements
In order to comply with child support enforcement requirements of the State of California, the COUNTY may be required to submit a Report of Independent Contractor(s) form DE 542 to the Employment Development Department. The CONTRACTOR agrees to furnish the required data and certifications to the COUNTY within ten (10) days of notification of award of Agreement when required by the EDD. This data will be transmitted to governmental agencies charged with the establishment and enforcement of child support orders. Failure of the CONTRACTOR to timely submit the data and/or certificates required may result in the contract being awarded to another contractor. In the event a contract has been issued, failu re of the DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

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CONTRACTOR to comply with all federal and state reporting requirements for child support enforcement or to comply with all lawfully served Wage and Earnings Assignments Orders and Notices of Assignment shall constitute a material breach of Agreem ent. If CONTRACTOR has any questions concerning this reporting requirement, please call (916) 657 -0529. CONTRACTOR should also contact its local Employment Tax Customer Service Office listed in the telephone directory in the State Government section under “Employment Development Department” or access their Internet site at www.edd.ca.gov.

21. Hold Harmless/Indemnification

21.1 CONTRACTOR shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as Indemnitees) from any liabilit y, action, claim or damage whatsoever, based or asserted upon any services of CONTRACTOR, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property dama ge, bodily injury, or death or any other element of any kind or nature. CONTRACTOR shall defend the Indemnitees at its sole expense including all costs and fees (including, but not limited to, attorney fees, cost of investigation, defense and settlements or awards) in any claim or action based upon such acts, omissions or services.

21.2 With respect to any action or claim subject to indemnification herein by CONTRACTOR, CONTRACTOR shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CONTRACTOR’s indemnification to Indemnitees as set forth herein.

21.3 CONTRACTOR’s obligation hereunder shall be satisfied when CONTRACTOR has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.

21.4 The specified insurance limits required in this Agreement shall in no way limit or circumscribe CONTRACTOR’s obligations to indemnify and hold harmless the Indemnitees herein from third party claims.

22. Insurance

22.1 Without limiting or diminishing the CONTRACTOR's obligation to indemnify or hold the COUNTY harmless, CONTRACTOR shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s during the term of this Agreement. As respects to the insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies, Districts, Special DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

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Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents, or representatives as Additional Insureds.

A. Workers’ Compensation:

If the CONTRACTOR has employees as defined by the State of California, the CONTRACTOR shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of The County of Riverside.

B. Commercial General Liability:

Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CONTRACTOR’s performance of its obligations hereunder. Policy shall name the COUNTY as Additional Insured. Policy’s limit of liability shall not be less than $ 2,000,000 per occurrence combined single limit. If su ch insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.

C. Vehicle Liability:

If vehicles or mobile equipment is used in the performance of the obligations under th is Agreement, then CONTRACTOR shall maintain liability insurance for all owned, non -owned, or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name the COUNTY as Additional Insureds.

D. General Insurance Provisions - All lines:
1) Any insurance carrier providing insurance coverage hereunder shal l be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the COUNTY Risk Manager. If the COUNTY’s Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. 2) The CONTRACTOR must declare its insurance self -insured retention for each coverage required herein. If any such self-insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the COUNTY Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention unacceptable to the COUNTY, and at the election of DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

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the COUNTY’s Risk Manager , CONTRACTOR’s carriers shall either; 1) reduce or eliminate such self - insured retention as respects this Agreement with the COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. 3) CONTRACTOR shall cause CONTRACTOR’s insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the COUNTY Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. CONTRACTOR shall not commence operations until the COUNTY has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier shall sign the original endorsements for each policy and the Certificate of Insurance. 4) It is understood and agreed to by the parties hereto that the CONTRACTOR’s insurance shall be construed as primary insurance, and the COUNTY's insurance and/or deductibles and/or self -insured retention’s or self-insured programs shall not be construed as contributory. 5) If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of work; or, the term of this Agreement, including any extensions thereof, exceeds five (5) y ears; the COUNTY reserves the right to adjust the types of insurance and the monetary limits of liability required under this Agreement, if in the COUNTY Risk Manager's reasonable judgment, the amount or type of insurance carried by the CONTRACTOR has become inadequate.
6) CONTRACTOR shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.

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7) The insurance requirements contained in this Agreement may be met with a program(s) of self - insurance acceptable to the COUNTY.
8) CONTRACTOR agrees to notify COUNTY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

23. General

23.1 CONTRACTOR shall not delegate or assign any interest in this Agreement, whether by operation of law or otherwise, without the prior written consent of COUNTY. Any attempt to delegate or assign any interest herein shall be deemed void and of no force or effect.

23.2 Any waiver by COUNTY of any brea ch of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term of this Agreement. Failure on the part of COUNTY to require exact, full, and complete compliance w ith any terms of this Agreement shall not be construed as in any manner changing the terms or preventing COUNTY from enforcement of the terms of this Agreement.

23.3 In the event the CONTRACTOR receives payment under this Agreement, which is later disallowed by COUNTY for nonconformance with the terms of the Agreement, the CONTRACTOR shall promptly refund the disallowed amount to the COUNTY on request; or at its option the COUNTY may offset the amount disallowed from any payment due to the CONTRACTOR.

23.4 CONTRACTOR shall not provide partial delivery or shipment of services or products unless specifically stated in the Agreement.

23.5 CONTRACTOR shall not provide any services or products subject to any chattel mortgage or under a conditional sales contract or other agreement by which an interest is retained by a third party. The CONTRACTOR warrants that it has good title to all materials or products used by CONTRACTOR or provided to COUNTY pursuant to this Agreement, free from all liens, claims, or encumbrances.

23.6 Nothing in this Agreement shall prohibit the COUNTY from acquiring the same type or equivalent equipment, products, materials or services from other sources, when deemed by the COUNTY to be in its best interest. The COUNTY reserves the right to purchase more or less than the quantities specified in this Agreement.

23.7 The COUNTY agrees to cooperate with the CONTRACTOR in the CONTRACTOR's performance under this Agreement, including, if stated in the Agreement, providing the CONTRACTOR with reasonable facilities and timely access to COUNTY data, information, and personnel.

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23.8 CONTRACTOR shall comply with all applicable Federal, State and local laws and regulations.

CONTRACTOR will comply with all applicable COUNTY policies and procedures. In the event that there is a conflict between the various laws or regulations that may apply, the CONTRACTOR shall comply with the more restrictive law or regulation.

23.9 CONTRACTOR shall comply with all air pollution control, water pollution, safety and health ordinances, statutes, or regulations, which apply to performance under this Agreement.

23.10 CONTRACTOR shall comply with all requirements of the Occupational Safety and Health Administration (OSHA) standards and codes as set forth by the U.S. Department of Labor and the State of California (Cal/OSHA).

23.11 This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Agreement shall be filed only in the Superior Court of the State of California located in Riverside, California, and the parties waive any provision of law providing for a change of venue to another location. In the event any provision in this Agreement is held by a court of competent jurisdiction to b e invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

23.12 This Agreement, including any attachments or exhibits, constitutes the entire agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing. This Agreement may be changed or modified only by a written amendment signed by authorized representatives of both parties.

23.13 This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party to this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

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a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.

IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement.

COUNTY OF RIVERSIDE, a political SC COMMERCIAL, LLC, a subdivision of the State of California Delaware limited liability company

By:____________________________ By:_____________________________ Dirk Buesing Robert W. Bollar
Senior Procurement Contract Specialist Corporate Secretary and Vice President

Dated:_________________ Dated:________________

APPROVED AS TO FORM:

County Counsel

By:___________________
Danielle Maland
Deputy County Counsel

DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049 4/1/2022
4/4/2022

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EXHIBIT A

SCOPE OF SERVICES

1.0 Pricing/Reporting

1.1 The price for Unleaded 87 Octane (Unleaded Fuel with 10% Ethanol) shall be based on the 10:00 AM EST Colton OPIS Daily Unbranded Rack Average Price with CAR on the day of delivery, plus vendor quote adjustments (i.e. 10:00 AM EST Colton OPIS Unbranded daily average with CAR + a fixed differential + freight for that site). All products must meet the CARB specifications.

1.2 The price for the Ultra Low Sulfur Diesel (U.L.S.D.), 15 PPM Sulfur Content, shall be based on the 10:00 AM EST Colton OPIS Daily Unbranded Rack Average Price with CAR on the day of delivery, plus vendor quote adjustments (i.e. 10:00 AM EST Colton OPIS Unbranded daily average with CAR + a fixed differential + freight for that site). All products must meet the CARB specifications.

1.3 The 10:00 AM EST Colton OPIS Daily Unbranded Rack Average Price with CAR plus the site differential will total the composite price. The composite price multiplied by the estimated annual gallons equals the extended total dollar amount per location. The COUNTY will pay all applicable Sales Taxes, CA Oil Spill Surcharges, Diesel Fuel Use Tax (if applicable) and any taxes that are to be paid. Freight will be billed as priced per individual location in the attached Exhibit B of this Agreement.

1.4 The location differentials attached will be part of this Agreement. Official copies of the 10:00 AM Colton OPIS daily unbranded rack average with CAR pricing shall accompany each invoice throughout the period of the contract. One Delivery – One Invoice.

1.5 The County may add new fueling sites or reduce locations throughout the duration of this Agreement.

1.6 Reporting Requirements: CONTRACTOR shall at a minimum accumulate usage on a per - gallon and total sales basis for each department and location. Reports shall be submitted semi- annually listing department, location, sales by gallons, description (unleaded or ultra -low sulfur diesel), and total dollar expenditures. The report shall be submitted within 60 days following the close of the calendar period to the Riverside County Purchasing Department.

Prompt and accurate reporting is an essential part of this Agreement. Ad-hoc reports may be requested by the COUNTY on an as needed basis.

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2.0 Delivery of Fuel

2.1 With the exception of weekends and holidays, fuel shall be delivered to a specified point in the County of Riverside within 24 hours from the placement of the order.

County Observed Holidays:

HOLIDAY DAY OBSERVED

HOLIDAY DAY OBSERVED
* New Year's Day January 1
Martin Luther King Jr's Birthday Third Monday in January Lincoln’s Birthday Second Tuesday in February
Washington’s Birthday Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Columbus Day Second Monday in October
Veterans' Day November 12
*Thanksgiving Day Fourth Thursday in November
* Following Thanksgiving Friday following the fourth Thursday in November *Christmas Day December 25
* Note:
 Thanksgiving Day, which shall be the fourth Thursday in November unless otherwise appointed.
 Friday following Thanksgiving Day.
 December 24 and 31 when they fall on Monday.
 December 26 and January 2, when they fall on Friday.
 Friday proceeding January 1, February 12, July 4, November 11 or December 25, when such date falls on Saturday, the Monday following such date when such date falls on a Sunday.

2.2 Fuel delivery shall be made complete as ordered, no partial orders accepted unless mutually agreed upon.

2.3 CONTRACTOR shall provide a 24-hour customer support telephone number and services for responding to all requests/orders for fuel, including telephone coverage on weekdays during normal business hours as well as 24-hour access phone number for after hours, weekends, holidays and emergency situations.

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2.4 CONTRACTOR shall provide a delivery metered ticket for each delivery of fuel , and the metered ticket must be signed and dated, and provided to COUNTY at delivery.

2.5 Delivery truck driver shall stick each tank with a fuel tank gauge stick prior to offloading to insure that adequate fuel storage is available to accept the entire shipment without spillage.

Readings shall be taken by the driver prior to unloading fuel and after unloading fuel and shall be recorded on the delivery receipts. Each delivery truck must be equipped with a stick. Driver shall sign the delivery ticket at the time and place of delivery.

2.6 The COUNTY requires "zero leakage" standard for fuel transfer operations. The CONTRACTOR shall provide necessary equipment and proper training of delivery personnel to prevent spillage or minimize the chance of spillage during connection and disconnection of hoses and during the transfer of fuel. The CONTRACTOR will likewise ensure that all equipment, tools and procedures used are in compliance with all applicable specification and regulations governing such operations.

2.7 In the event of leakage or spillage, it shall be the responsibility of the CONTRACTOR to perform immediate containment, clean up, disposal and restoration activities as necessary in accordance with applicable State of California laws and regulations and subject to the COUNTY’s satisfaction. All material associated with such clean up shall be removed by the CONTRACTOR.

2.8 CONTRACTOR shall provide all necessary delivery devices to make delivery to each site as required.

2.9 CONTRACTOR shall ensure that the transport units can accommoda te the delivery logistics at every location prior to dispatching those units. Some locations have above -ground or underground storage tanks.

2.10 The COUNTY reserves the right to specify in said orders whether the deliveries are required in tank wagon or truck/trailer loads. Orders must be accepted for truck/trailer split product loads (unleaded/diesel). Split ordered delivery gallons will be considered total gallons ordered.

2.11 Deliveries shall be made by owned or contract motor carriers. Carriage vehicles shall be fully equipped, in good mechanical condition and appearance, always bearing the correct place card identification of fuel being delivered. Hoses and all coupler fittings shall be tight when in use.

Product that leaks from hoses or coupler connections shall be cleaned up and removed by CONTRACTOR, including product in spill containers.

DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

AGENDA ITEM #8.22
Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the Ci... Page 494 of 959 Contract ID # PSA-0004078

RFP# or BOS Agenda/Date or SSJ# Page 21 of 32
Form #116-310 – Dated: 3/21/2019

EXHIBIT B

PAYMENT PROVISION
Line
Item # Name Description
Annual
Usage
Unit of
Measure
Unit
Price
Colton OPIS on
11/23/2021 Differential
Group
Riverside County - Facilities -
CAC
P1.3
Facilities - 3255 E. Tahquitz
Canyon
Differential - for
Diesel Tank size (1)
at 500 gallons 150.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P1.4
Facilities - 3255 E. Tahquitz
Canyon
Freight - for Diesel
Tank size (1) at 500
gallons 1.00 USD - US Dollar $300.0000
Group Riverside County - Fire
P2.1
Fire BCTC - 16902 Bundy Ave
Riverside, CA 92519
Differential - for
Unleaded Tank size
(1) at 1,000 gallons 9388.00 GAL - Gallon $3.3565 $ 3.2665 0.0900 P2.2
Fire BCTC - 16902 Bundy Ave
Riverside, CA 92519
Freight - for
Unleaded Tank size
(1) at 1,000 gallons 1.00 USD - US Dollar $147.0000
P2.3
Fire BCTC - 16902 Bundy Ave
Riverside, CA 92519
Differential - for
Diesel Tank size (1)
at 1,000 gallons 28400.00 GAL - Gallon $3.3565 $ 3.2420 0.1145 P2.4
Fire BCTC - 16902 Bundy Ave
Riverside, CA 92519
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $147.0000
P2.7
Fire St 09 - 21565 Steele Peak
Rd Perris, CA 92570
Differential - for
Diesel Tank size (1)
at 1,000 gallons 4065.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.8
Fire St 09 - 21565 Steele Peak
Rd Perris, CA 92570
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $181.0000
DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

AGENDA ITEM #8.22
Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the Ci...Page 495 of 959 Contract ID # PSA-0004078

RFP# or BOS Agenda/Date or SSJ# Page 22 of 32
Form #116-310 – Dated: 3/21/2019

P2.25
Fire St 23 - 24919 Marion Ridge
Rd Idyllwild, CA 92549
Differential - for
Unleaded Tank size
(1) at 1,000 gallons 3198.00 GAL - Gallon $3.3565 $ 3.2665 0.0900 P2.26
Fire St 23 - 24919 Marion Ridge
Rd Idyllwild, CA 92549
Freight - for
Unleaded Tank size
(1) at 1,000 gallons 1.00 USD - US Dollar $300.0000
P2.27
Fire St 23 - 24919 Marion Ridge
Rd Idyllwild, CA 92549
Differential - for
Diesel Tank size (1)
at 1,000 gallons 2842.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.28
Fire St 23 - 24919 Marion Ridge
Rd Idyllwild, CA 92549
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $300.0000
P2.29
Fire St 24 - 50382 Irene St
Cabazon, CA 92230
Differential - for
Diesel Tank size (1)
at 1,000 gallons 3348.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.30
Fire St 24 - 50382 Irene St
Cabazon, CA 92230
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $181.0000
P2.33
Fire St 30 - 70080 Hwy 74
Mountain Center, CA 92561
Differential - for
Unleaded Tank size
(1) at 1,000 gallons 53.00 GAL - Gallon $3.3565 $ 3.2665 0.0900 P2.34
Fire St 30 - 70080 Hwy 74
Mountain Center, CA 92561
Freight - for
Unleaded Tank size
(1) at 1,000 gallons 1.00 USD - US Dollar $395.0000
P2.35
Fire St 30 - 70080 Hwy 74
Mountain Center, CA 92561
Differential - for
Diesel Tank size (1)
at 1,000 gallons 2802.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.36
Fire St 30 - 70080 Hwy 74
Mountain Center, CA 92561
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $395.0000
P2.37
Fire St 33 - 44400 Town Center
Way Palm Desert, CA 92260
Differential - for
Diesel Tank size (1)
at 1,000 gallons 14107.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

AGENDA ITEM #8.22
Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the Ci...Page 496 of 959 Contract ID # PSA-0004078

RFP# or BOS Agenda/Date or SSJ# Page 23 of 32
Form #116-310 – Dated: 3/21/2019

P2.38
Fire St 33 - 44400 Town Center
Way Palm Desert, CA 92260
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $375.0000
P2.39
Fire St 34 - 32665 Haddock
Street Winchester, CA 92596
Differential - for
Diesel Tank size (1)
at 1,000 gallons 7447.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.40
Fire St 34 - 32665 Haddock
Street Winchester, CA 92596
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $181.0000
P2.41
Fire St 36 - 31920 Roberts Rd
Thousand Palms, CA 92276
Differential - for
Diesel Tank size (1)
at 1,000 gallons 4844.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.42
Fire St 36 - 31920 Roberts Rd
Thousand Palms, CA 92276
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $181.0000
P2.45
Fire St 40 - 91100 Fourth Street
Mecca, CA 92254
Differential - for
Unleaded Tank size
(1) at 500 gallons 722.00 GAL - Gallon $3.4565 $ 3.2665 0.1900 P2.46
Fire St 40 - 91100 Fourth Street
Mecca, CA 92254
Freight - for
Unleaded Tank size
(1) at 500 gallons 1.00 USD - US Dollar $395.0000
P2.47
Fire St 40 - 91100 Fourth Street
Mecca, CA 92254
Differential - for
Diesel Tank size (1)
at 1,500 gallons 9767.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.48
Fire St 40 - 91100 Fourth Street
Mecca, CA 92254
Freight - for Diesel
Tank size (1) at
1,500 gallons 1.00 USD - US Dollar $395.0000
P2.49
Fire St 44 - 13987 Main Street
Ripley, CA 92225
Differential - for
Diesel Tank size (1)
at 500 gallons 4946.00 GAL - Gallon $3.4920 $ 3.2420 0.2500 P2.50
Fire St 44 - 13987 Main Street
Ripley, CA 92225
Freight - for Diesel
Tank size (1) at 500
gallons 1.00 USD - US Dollar $495.0000
DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

AGENDA ITEM #8.22
Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the Ci...Page 497 of 959 Contract ID # PSA-0004078

RFP# or BOS Agenda/Date or SSJ# Page 24 of 32
Form #116-310 – Dated: 3/21/2019

P2.55
Fire ST 50 - 70801 Hwy 111
Rancho Mirage, CA 92270
Differential - for
Diesel Tank size (1)
at 1,000 gallons 5510.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.56
Fire ST 50 - 70801 Hwy 111
Rancho Mirage, CA 92270
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $375.0000
P2.57
Fire St 53 - 59200 Morris Ranch
Road Mountain Center, CA
92561
Differential - for
Unleaded Tank size
(1) at 1,000 gallons 1751.00 GAL - Gallon $3.3565 $ 3.2665 0.0900 P2.58
Fire St 53 - 59200 Morris Ranch
Road Mountain Center, CA
92561
Freight - for
Unleaded Tank size
(1) at 1,000 gallons 1.00 USD - US Dollar $310.0000
P2.59
Fire St 53 - 59200 Morris Ranch
Road Mountain Center, CA
92561
Differential - for
Diesel Tank size (1)
at 1,000 gallons 1611.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.60
Fire St 53 - 59200 Morris Ranch
Road Mountain Center, CA
92561
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $310.0000
P2.63
Fire St 59 - 21510 Pinewood
Street Perris, CA 92570
Differential - for
Diesel Tank size (1)
at 1,000 gallons 5363.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.64
Fire St 59 - 21510 Pinewood
Street Perris, CA 92570
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $147.0000
P2.65
Fire St 59 - 21510 Pinewood
Street Perris, CA 92570
Differential - for
Diesel Tank size (1)
at 1,000 gallons 66690.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.66
Fire St 59 - 21510 Pinewood
Street Perris, CA 92570
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $147.0000
P2.73
Fire St 68 - 26020 Wolard Road
Menifee, CA 92581
Differential - for
Unleaded Tank size
(1) at 1,000 gallons 700.00 GAL - Gallon $3.3565 $ 3.2665 0.0900 DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

AGENDA ITEM #8.22
Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the Ci...Page 498 of 959 Contract ID # PSA-0004078

RFP# or BOS Agenda/Date or SSJ# Page 25 of 32
Form #116-310 – Dated: 3/21/2019

P2.74
Fire St 68 - 26020 Wolard Road
Menifee, CA 92581
Freight - for
Unleaded Tank size
(1) at 1,000 gallons 1.00 USD - US Dollar $181.0000
P2.75
Fire St 68 - 26020 Wolard Road
Menifee, CA 92581
Differential - for
Diesel Tank size (1)
at 1,000 gallons 5307.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.76
Fire St 68 - 26020 Wolard Road
Menifee, CA 92581
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $181.0000
P2.81
Fire St 76 - 29950 Menifee
Road Menifee, CA 92584
Differential - for
Diesel Tank size (1)
at 1,000 gallons 10788.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.82
Fire St 76 - 29950 Menifee
Road Menifee, CA 92584
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $181.0000
P2.83
Fire St 78 - 2450 W.

Cottonwood Ave San Jacinto,
CA 92583
Differential - for
Diesel Tank size (1)
at 1,000 gallons 4514.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.84
Fire St 78 - 2450 W.

Cottonwood Ave San Jacinto,
CA 92583
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $181.0000
P2.87
Fire St 80 - 81-025 Avenue 40
Indio, CA 92203
Differential - for
Diesel Tank size (1)
at 1,000 gallons 1625.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.88
Fire St 80 - 81-025 Avenue 40
Indio, CA 92203
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $310.0000
P2.89
Fire St 81 - 37-955 Washington
Palm Desert, CA 92260
Differential - for
Diesel Tank size (1)
at 1,000 gallons 8370.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.90
Fire St 81 - 37-955 Washington
Palm Desert, CA 92260
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $310.0000
DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

AGENDA ITEM #8.22
Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the Ci...Page 499 of 959 Contract ID # PSA-0004078

RFP# or BOS Agenda/Date or SSJ# Page 26 of 32
Form #116-310 – Dated: 3/21/2019

P2.95
Fire St 84 - 30650 Pauba Road
Temecula, CA 92592
Differential - for
Unleaded Tank size
(1) at 500 gallons 6228.00 GAL - Gallon $3.4565 $ 3.2665 0.1900 P2.96
Fire St 84 - 30650 Pauba Road
Temecula, CA 92592
Freight - for
Unleaded Tank size
(1) at 500 gallons 1.00 USD - US Dollar $300.0000
P2.97
Fire St 84 - 30650 Pauba Road
Temecula, CA 92592
Differential - for
Diesel Tank size (1)
at 1,000 gallons 7310.00 GAL - Gallon $3.4920 $ 3.2420 0.2500 P2.98
Fire St 84 - 30650 Pauba Road
Temecula, CA 92592
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $300.0000
P2.101
Fire St 87 - 42900 Golf Center
Parkway Indio CA, 92201
Differential - for
Diesel Tank size (1)
at 1,000 gallons 2346.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.102
Fire St 87 - 42900 Golf Center
Parkway Indio CA, 92201
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $310.0000
P2.103
Fire St 90 - 333 Placentia Ave
Perris, CA 92571
Differential - for
Diesel Tank size (1)
at 1,000 gallons 7424.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.104
Fire St 90 - 333 Placentia Ave
Perris, CA 92571
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $181.0000
P2.109
Fire St 92 - 32211 Wolf Creek
Rd Temecula, CA 92592
Differential - for
Diesel Tank size (1)
at 2,000 gallons 4009.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P2.110
Fire St 92 - 32211 Wolf Creek
Rd Temecula, CA 92592
Freight - for Diesel
Tank size (1) at
2,000 gallons 1.00 USD - US Dollar $300.0000
P2.113
Fire St 96 - 37700 Glen Oaks
Road Temecula CA, 92592
Differential - for
Diesel Tank size (1)
at 500 gallons 2430.00 GAL - Gallon $3.4920 $ 3.2420 0.2500 DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

AGENDA ITEM #8.22
Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the Ci...Page 500 of 959 Contract ID # PSA-0004078

RFP# or BOS Agenda/Date or SSJ# Page 27 of 32
Form #116-310 – Dated: 3/21/2019

P2.114
Fire St 96 - 37700 Glen Oaks
Road Temecula CA, 92592
Freight - for Diesel
Tank size (1) at 500
gallons 1.00 USD - US Dollar $300.0000
P2.123
FR St 51 - 32353 Ortega Hwy
74 Lake Elsinore, CA 92530
Differential - for
Diesel Tank size (1)
at 1,000 gallons 215.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P2.124
FR St 51 - 32353 Ortega Hwy
74 Lake Elsinore, CA 92530
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $300.0000
Group
Riverside County - Law
Enforcement
P5.1
Presley Detention Center -
4000 Orange Street Riverside,
CA 92501
Differential - for
Diesel Tank size (1)
at 20,000 gallons 1000.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P5.2
Presley Detention Center -
4000 Orange Street Riverside,
CA 92501
Freight - for Diesel
Tank size (1) at
20,000 gallons 1.00 USD - US Dollar $147.0000
P5.3
Larry D. Smith Correctional
Facility - 1626 S. Hargrave St
Banning, CA 92220
Differential - for
Diesel Tank size (1)
at 2,000 gallons 1126.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P5.4
Larry D. Smith Correctional
Facility - 1626 S. Hargrave St
Banning, CA 92220
Freight - for Diesel
Tank size (1) at
2,000 gallons 1.00 USD - US Dollar $181.0000
P5.5
Larry D. Smith Correctional
Facility - 1626 S. Hargrave St
Banning, CA 92220
Differential - for
Diesel Tank size (1)
at 3,000 gallons 1126.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P5.6
Larry D. Smith Correctional
Facility - 1626 S. Hargrave St
Banning, CA 92220
Freight - for Diesel
Tank size (1) at
3,000 gallons 1.00 USD - US Dollar $181.0000
P5.7
Larry D. Smith Correctional
Facility - 1626 S. Hargrave St
Banning, CA 92220
Differential - for
Diesel Tank size (1)
at 880 gallons 1126.00 GAL - Gallon $3.4920 $ 3.2420 0.2500 DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

AGENDA ITEM #8.22
Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the Ci...Page 501 of 959 Contract ID # PSA-0004078

RFP# or BOS Agenda/Date or SSJ# Page 28 of 32
Form #116-310 – Dated: 3/21/2019

P5.8
Larry D. Smith Correctional
Facility - 1626 S. Hargrave St
Banning, CA 92220
Freight - for Diesel
Tank size (1) at 880
gallons 1.00 USD - US Dollar $181.0000
P5.9
Larry D. Smith Correctional
Facility - 1626 S. Hargrave St
Banning, CA 92220
Differential - for
Diesel Tank size (1)
at 630 gallons 1126.00 GAL - Gallon $3.5420 $ 3.2420 0.3000 P5.10
Larry D. Smith Correctional
Facility - 1626 S. Hargrave St
Banning, CA 92220
Freight - for Diesel
Tank size (1) at 630
gallons 1.00 USD - US Dollar $181.0000
P5.11
Larry D. Smith Correctional
Facility - 1626 S. Hargrave St
Banning, CA 92220
Differential - for
Diesel Tank size (1)
at 60 gallons 1126.00 GAL - Gallon $3.5420 $ 3.2420 0.3000 P5.12
Larry D. Smith Correctional
Facility - 1626 S. Hargrave St
Banning, CA 92220
Freight - for Diesel
Tank size (1) at 60
gallons 1.00 USD - US Dollar $181.0000
P5.13
RC Court - 4050 Main Street
Riverside, CA 92501
Differential - for
Diesel Tank size (1)
at 5000 gallons 700.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P5.14
RC Court - 4050 Main Street
Riverside, CA 92501
Freight - for Diesel
Tank size (1) at
5000 gallons 1.00 USD - US Dollar $147.0000
P5.15
Sheriff - 21565 Steele Peak
Road Perris, CA 92570
Differential - for
Diesel Tank size (1)
at 1,000 gallons 200.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P5.16
Sheriff - 21565 Steele Peak
Road Perris, CA 92570
Freight - for Diesel
Tank size (1) at
1,000 gallons 1.00 USD - US Dollar $181.0000
P5.17
SWJC Jail - 30755 Auld Road
Murrieta, CA 92563
Differential - for
Diesel Tank size (1)
at 10,000 gallons 1000.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P5.18
SWJC Jail - 30755 Auld Road
Murrieta, CA 92563
Freight - for Diesel
Tank size (1) at
10,000 gallons 1.00 USD - US Dollar $300.0000
DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

AGENDA ITEM #8.22
Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the Ci...Page 502 of 959 Contract ID # PSA-0004078

RFP# or BOS Agenda/Date or SSJ# Page 29 of 32
Form #116-310 – Dated: 3/21/2019

P5.19
SWJC Jail - 30755 Auld Road
Murrieta, CA 92563
Differential - for
Diesel Tank size (1)
at 3,000 gallons 1000.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P5.20
SWJC Jail - 30755 Auld Road
Murrieta, CA 92563
Freight - for Diesel
Tank size (1) at
3,000 gallons 1.00 USD - US Dollar $300.0000
P5.21
Probation - 49-500 Twin Pines
Road Banning, CA 92220
Differential - for
Unleaded Tank size
(1) at 2,000 gallons
each 6386.00 GAL - Gallon $3.3315 $ 3.2665 0.0650 P5.22
Probation - 49-500 Twin Pines
Road Banning, CA 92220
Freight - for
Unleaded Tank size
(1) at 2,000 gallons
each 1.00 USD - US Dollar $181.0000
P5.23
Probation - 49-500 Twin Pines
Road Banning, CA 92220
Differential - for
Unleaded Tank size
(2) at 500 gallons
each 795.00 GAL - Gallon $3.4565 $ 3.2665 0.1900 P5.24
Probation - 49-500 Twin Pines
Road Banning, CA 92220
Freight - for
Unleaded Tank size
(2) at 500 gallons
each 1.00 USD - US Dollar $500.0000
P5.25
Indio Jail - 46209 Oasis Street
Indio, CA 92201
Differential - for
Diesel Tank size (1)
at 10,000 gallons 200.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P5.26
Indio Jail - 46209 Oasis Street
Indio, CA 92201
Freight - for Diesel
Tank size (1) at
10,000 gallons 1.00 USD - US Dollar $310.0000
P5.27
Indio Jail - 46209 Oasis Street
Indio, CA 92201
Differential - for
Diesel Tank size (1)
at 5,000 gallons 200.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P5.28
Indio Jail - 46209 Oasis Street
Indio, CA 92201
Freight - for Diesel
Tank size (1) at
5,000 gallons 1.00 USD - US Dollar $310.0000
DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

AGENDA ITEM #8.22
Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the Ci...Page 503 of 959 Contract ID # PSA-0004078

RFP# or BOS Agenda/Date or SSJ# Page 30 of 32
Form #116-310 – Dated: 3/21/2019

Group Riverside County - Health
P6.3
Mental Health - 47919 Oasis
Street Indio, CA 92201
Differential - for
Diesel Tank size (1)
at 2,500 gallons 125.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P6.4
Mental Health - 47919 Oasis
Street Indio, CA 92201
Freight - for Diesel
Tank size (1) at
2,500 gallons 1.00 USD - US Dollar $310.0000
Group Riverside County - TLMA
P7.9
TLMA - 220 G Street Perris, CA
92570
Differential - for
Diesel Tank size (2)
at 2,000 gallons
each 39762.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P7.10
TLMA - 220 G Street Perris, CA
92570
Freight - for Diesel
Tank size (2) at
2,000 gallons each 1.00 USD - US Dollar $181.0000
P7.13
TLMA - 57-210 State Hwy 371
Anza, CA 92539
Differential - for
Diesel Tank size (2)
at 2,000 gallons
each 4413.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P7.14
TLMA - 57-210 State Hwy 371
Anza, CA 92539
Freight - for Diesel
Tank size (2) at
2,000 gallons each 1.00 USD - US Dollar $310.0000
P7.15
TLMA - 595 North Juanita
Hemet, CA 92543
Differential - for
Diesel Tank size (2)
at 2,000 gallons
each 18056.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P7.16
TLMA - 595 North Juanita
Hemet, CA 92543
Freight - for Diesel
Tank size (2) at
2,000 gallons each 1.00 USD - US Dollar $300.0000
P7.17
TLMA - 10-901 Hannon Rd
Beaumont, CA 92223
Differential - for
Diesel Tank size (2)
at 2,000 gallons
each 17240.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

AGENDA ITEM #8.22
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RFP# or BOS Agenda/Date or SSJ# Page 31 of 32
Form #116-310 – Dated: 3/21/2019

P7.18
TLMA - 10-901 Hannon Rd
Beaumont, CA 92223
Freight - for Diesel
Tank size (2) at
2,000 gallons each 1.00 USD - US Dollar $181.0000
P7.19
TLMA - 25-780 Johnson
Idyllwild, CA 92549
Differential - for
Diesel Tank size (2)
at 2,000 gallons
each 12173.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P7.20
TLMA - 25-780 Johnson
Idyllwild, CA 92549
Freight - for Diesel
Tank size (2) at
2,000 gallons each 1.00 USD - US Dollar $300.0000
P7.21
TLMA - 19-003 Bennett Road
(Sky Valley Desert Hot Springs,
CA 92241
Differential - for
Diesel Tank size (2)
at 2,000 gallons
each 18072.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P7.22
TLMA - 19-003 Bennett Road
(Sky Valley Desert Hot Springs,
CA 92241
Freight - for Diesel
Tank size (2) at
2,000 gallons each 1.00 USD - US Dollar $300.0000
P7.23
TLMA - 86-199 Airport
Thermal, CA 92274
Differential - for
Unleaded Tank size
(1) at 4,000 gallons 27068.00 GAL - Gallon $3.3670 $ 3.2665 0.1005 P7.24
TLMA - 86-199 Airport
Thermal, CA 92274
Freight - for
Unleaded Tank size
(1) at 4,000 gallons 1.00 USD - US Dollar $310.0000
P7.25
TLMA - 86-199 Airport
Thermal, CA 92274
Differential - for
Diesel Tank size (1)
at 8,000 gallons
each 58909.00 GAL - Gallon $3.3420 $ 3.2420 0.1000 P7.26
TLMA - 86-199 Airport
Thermal, CA 92274
Freight - for Diesel
Tank size (1) at
8,000 gallons each 1.00 USD - US Dollar $310.0000
P7.27
TLMA - 561 S. Broadway
Blythe, CA 92225
Differential - for
Diesel Tank size (2)
at 2,000 gallons
each 26620.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

AGENDA ITEM #8.22
Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the Ci...Page 505 of 959 Contract ID # PSA-0004078

RFP# or BOS Agenda/Date or SSJ# Page 32 of 32
Form #116-310 – Dated: 3/21/2019

P7.28
TLMA - 561 S. Broadway
Blythe, CA 92225
Freight - for Diesel
Tank size (2) at
2,000 gallons each 1.00 USD - US Dollar $510.0000

Group Riverside County - Waste Mgt
P8.9
Waste Mgt - 84-5050 84th Ave
Oasis, CA 92274
Differential - for
Diesel Tank size (1)
at 1,000 gallons
each 850.00 GAL - Gallon $3.3920 $ 3.2420 0.1500 P8.10
Waste Mgt - 84-5050 84th Ave
Oasis, CA 92274
Freight - for Diesel
Tank size (1) at
1,000 gallons each 1.00 USD - US Dollar $147.0000
P8.11
Waste Mgt - 1000 Midland
Road Blythe, CA 92225
Differential - for
Diesel Tank size (1)
at 3,000 gallons
each 100000.00 GAL - Gallon $3.3670 $ 3.2420 0.1250 P8.12
Waste Mgt - 1000 Midland
Road Blythe, CA 92225
Freight - for Diesel
Tank size (1) at
3,000 gallons each 1.00 USD - US Dollar $510.0000
Group Emergency Charges
P10.1 Emergency Services Charge
Emergency Services
Charge 1.00 HR - Hour $150.0000
Group Bobtail/Pump Delivery Charge
P11.1 Bobtail/Pump Delivery Charge
Bobtail/Pump
Delivery Charge 1.00 EA - Each

DocuSign Envelope ID: 32CFB103-E4B3-4AEE-9A93-DDFB4098D049

AGENDA ITEM #8.22
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City Council
August 16, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Leila Namvar, Public Arts Analyst
Subject: Select the finalist from three (3) options recommended by the Public Arts Commission for the 9/11 Memorial Project and authorize the City Manager and City Attorney to negotiate and finalize the terms of the agreement for the total amount of $125,000.

RECOMMENDATION:

Select the finalist from three (3) options recommended by th e Public Arts Commission for the 9/11 Memorial Project and authorize the City Manager and City Attorney to negotiate and finalize the terms of the agreement for the total amount of $125,000.

SUMMARY:

The City of Indio Public Arts Program released a Request For Proposal (RFP) on March 1, 2023, to include a 9/11 Memorial to the new Indio Public Safety Campus Project. The City requested proposals from emerging and established artists for an outdoor sculpture dedicated to the heroes of September 11, 2001, to remember the day. The proposed memorial sculpture must include a 12-foot-tall piece of steel artifact with a spiral curve from the former New York World Trade Center, which should be the focal point of the sculpture (Attachment 4). This steel artifact shall be used as is without any alterations. The entire memorial site (landscaping and lighting) shall be included in the proposal. This sculpture will be available for viewing year-round. The space designated for the artwork is the exterior grass area on the northeast corner of Dr. Carreon Boulevard and Jackson Street. The deadline for the RFP was May 1, 2023, by 5:00 p.m. The City has received 21 proposals from qualified artists. On June 13, 2023, the Publ ic Arts Commission selected seven (7), who attended the Commission’s meeting on July 11, 2023, and presented their concept design in an interactive setting, where the artists provided a presentation to the Commission followed by Q & A session. At their Jul y 11th meeting, the Commission selected the following artists in no particular order and/or ranking: 1.

James Dinh (one design concept) 2. Oleg Lobykin (one design concept) 3. Sara Dabbagh and Babak Jaez (two design concepts) A rating sheet is attached to the staff report. Staff strongly encourages the City Council to use one sheet per artist (or team of artists) to rate each concept design and to select the finalist.

BACKGROUND INFORMATION:

On March 1, 2023, the City circulated a Request For Proposal (R FP) seeking artists for a concept design for a 9/11 Memorial to be located within the new Indio Public Safety Campus. The RFP’s extended deadline was May 1, 2023, and the City has received 21 proposals from qualified artists. At their July 11th meeting t he Commission selected the following artists in no particular order and/or ranking:

AGENDA ITEM #9.1
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1. James Dinh (one design concept): The concept proposal is entitled “Lights of Remembrance”.

The proposed design for the Indio 9/11 Memorial Project aims to inspire a sens e of collective humanity and community by creating a physical space that invites remembrance and contemplation, and which can act as a catalyst for further conversation and learning. The concept design is a circular plaza-like space paved with decomposed granite (DG). Wrapping around one-half of the circular plaza -like space is a curving steel wall that creates a neutral backdrop and blocks out the background visual noise. The wall rises to a height of 7-8 feet that has many small circular cutouts, as well as the numbers "09 11 01" etched on its surface. When the wall is backlit at night, the cutout holes will shimmer like a constellation of stars. The perforations will create ever-changing shadow patterns throughout the day. Placed against the backdrop of the Constellation Wall, in the center of the circular space, is the 12 -foot-tall steel artifact from the former World Trade Center. The artifact will stand tall on a concrete podium, yet still be within reach for those who want to touch this sacred element.

2. Oleg Lobykin (one design concept): His concept design is entitled “Courage Towers”. In this design, the Twin Towers of the World Trade Center are reflected in the two square columns, which are proportional in size and footprint to the actual building s. Stainless steel conveys resilience of spirit and strength of resolve in response to adversity. The artifact is positioned between the towers at an angle somewhat reminiscent of the trajectory of impact, signifying destruction, intrusion, evil forces, sorrow, and tragedy. Yet the steadfast courage of the nation withstands and honors those who lived and died by it.

3. Sara Dabbagh and Babak Jaez (two design concepts): This team of artists is proposing two concept designs with the primary objective being to maintain a minimalist approach to the project and avoiding overshadowing the artifact while emphasizing the significance of the artifact from the tragic events of 9/11. The design incorporates the numbers 11 and 9, serving as a poignant reminder of this global tragedy. In both designs, great care is taken into consideration to ensure that the three palm trees, representing the city of Indio, remain visible and significant without being overshadowed.

Design I: This concrete concept, the recreation of a twin buildings’ facade is the essential thought, with a focus on highlighting the artifact. The design incorporates the numbers 9 and 11.

Design II: This I-beam design features two beams forming the number 11, symbolically embracing (hugging) the artifact. Inspired by the act of placing flowers at the base of memorials, the planter idea is introduced that serves as a place to plant flowers in memory of the individuals who lost their lives in this tragic event.

A rating sheet is attached to the staff report. Staff strongly encourages the City Council to use one sheet per artist (or team of artists) to rate each concept design.

Staff is requesting that the City Council select the finalist from three (3) options recommended by the Public Arts Commission for the 9/11 Memorial Project 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 the total amount of $125,000.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$125,000.00 In current year budget: Yes

AGENDA ITEM #9.1
Select the finalist from three (3) options recommended by the Public Art... Page 508 of 959 Current FY General
Fund Impact:

None Budget adjustment: No
Next FY Financial
Impact:

Depend on the timeline it may
impact 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 - James Dinh
Attachment 2 - Oleg Lobykin
Attachment 3 - Sara Dabbagh and Babak Jaez
Attachment 4 - Artifact from New York World Trade Center

APPROVAL(S):

Scott Trujillo, Deputy City Manager Pending

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AGENDA ITEM #9.1
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DESIGNCONCEPT
0 Overtwentyyearshavepassedsincetheeventsof9/11.Yet,when I
~,wetalkaboutorseeimagesofthattragicday,arangeofemotionsquicklysurfaces—disbelief,anger,fear,sadness...-Butthroughthethicksmokeandashesofdestruction,wealsosawshimmeringlightsofcollectivesupportandacomingtogetherofAmericansfromallbackgrounds.-Theproposeddesignforthelndio9/11MemorialProjectaimstoinspireasenseofcollectivehumanityandcommunitybycreatingaphysicalspacethatinvitesremembranceandcontemplation,andwhichcanactasacatalystforfurtherconversationandlearning.-Ibelieveitisimportanttocommemoratethatdarkdayinrecenthistory,sothatpeopledon'tforgetthemanyliveslostandthetremendousheroismofmanypeople,especiallyfirstresponders. fblia

AGENDA ITEM #9.1
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'74Z0QL.)S
4ELEMENTS6CommunityCircle9MemoryStones0ConstellationWall0SteelArtifact20-25ft.diameter SCALE:1":8’0 3“ DR.CARREONBLVD.

INDIO9/11MEMORIALPROJECT DES|GNPROPOSAL ' '
_]u|y11,2023 studiofol

AGENDA ITEM #9.1
Select the finalist from three (3) options recommended by the Public Art...Page 512 of 959 1— CommunityCircleAspeoplewalkordrivebythenewPublicSafetyCampus,theywillseeacircularp|aza—likespace.About20-25feetindiameter,theCommunityCircleisintendedtowelcomepeopleofallbackgrounds.Itwillbepavedwithdecomposedgranite(DG),anenvironmentallyfriendlymaterialcommonlyfoundindesertxeriscapes. 2— MemoryStonesMarkingthreepointsontheperipheryoftheCommunityCirclearelargenaturalboulders.Stoneevokesstrength,timelessness,andenduringmemory.OneslightlyleaningbouldersymbolizesHumankind.Ontheslantedface,wordscouldbeengraved,suchas”Wewillneverforgetthesacri?ce,dedication,andcountlessactsofbraveryofthemanyFirstResponders.”Standingtallandvertical,asecondboulderrepresentsHeaven.Tohonorthemanyliveslost,engravedtextcouldread,’’Inremembranceofthe2,977innocentliveswelostasaresultoftheSeptember11,2001attacks.”Athirdboulderrestshorizontally,symbolizingEarth.Likeanaltarthisstoneoffersaninformalplacetoplace?owersortorest.

I
—‘Stoneof‘Earth
INDIO9/11MEMORIALPROJECT July11,2023DESIGNPROPOSAL studiofbli

AGENDA ITEM #9.1
Select the finalist from three (3) options recommended by the Public Art...Page 513 of 959 3— ConstellationWall 4— SteelArtifact-Wrappingaroundone—ha|foftheCommunityCircleisacurving0 PlacedagainstthebackdropoftheConstellationWall,inthesteelwallthatcreatesaneutralbackdropandblocksoutthe centerofthecircularspace,isthel2—feettallsteelartifactfrombackgroundvisualnoise,Thewallrisestoaheightof7-8feet. theformerWorldTradeCenter. 0 Toevokethealmost3,000livesthatwerelost,thewallwillhave0 Theartifactwillstandtallonaconcretepodium,yetstillbewithinmanysmallcircularcutouts,aswellasthenumbers‘'0911O1"reachforthosewhowanttotouchthissacredelement.etchedonitssurface.Theperforationswillcreateever—changingshadowpatternsthroughouttheday. -Asteelplatewouldbeweldedtothebaseofthesteelartifactandattachedwithanchorboltstotheconcretepedestal.

INDIO9/11MEMORIALPROJECT DESIGNPROPOSAL ' ‘ '
Ju.,11,m3 SlUd|

AGENDA ITEM #9.1
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0 Thethreeexistingpalmstreeswillriseabovethewall,addingtotheoverallupliftingfeelingofthememorial.

INDIO9/11MEMORIALPROJECT DES|GNPROPOSAL ' ‘ '
July11,2023 studiofol

AGENDA ITEM #9.1
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0 Whenthewallisbacklitatnight,thecutoutholeswillshimmer-ProgrammableRGBspotlightslikeaconstellationofstars.

INDI"‘-‘/11l\/lEl\/'”OR|ALPPWJECT _ ‘ - -U" ' U _, studiofol

AGENDA ITEM #9.1
Select the finalist from three (3) options recommended by the Public Art...Page 516 of 959 AlternateDesign-Thecurvingwallisdividedintothreesectionsbytwogranitestone-ThepillarsreferencethetwintowersoftheformerWorldTradepillarsthatareapproximately18incheswideX8feettall. Center,whiletheirblackcolorsymbolizeslost.Engravedonthepillarsarethewords”NeverForget.” INDIO9/11MEMORIALPROJECT DESIGNPROPOSAL ' ' '
W1,2023 studiofol

AGENDA ITEM #9.1
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i|\JD|O9.fl1i‘v"|Ei\./iZ.*1. , .

AGENDA ITEM #9.1
Select the finalist from three (3) options recommended by the Public Art...Page 518 of 959 Budget Timeline
Item Cost Month1 Contractstartdate9/2023DesigndevelopmentDESIGNArtistfee(10%) 12,000 Month2 StructuralengineeringComputermodeling/drawings2,000 ConstructlonClocumemStructuralengineer 6,000 Fabrlcatlo“be8l“5Travel 1,00021,000 Month3 CoordinatesiteworkOFF—SlTEWORK5tee|artifactprep 5000 Month4 50%fabricationcompleteSteelwall 35,000Bouiders/Granitepmars 3000 Month5 75%fabricationcomplete48,000 SiteworkON—S|TEWORKConcretepedestalandfootings14,000 Mollth6 100%labrlcatlo“CompleteDecomposedgranitepavingwithedging5,000 2/2024SlteWorkC0mF3let9mstaiiation 15,000 ArtworkinstallationLighting(in—grounduplights)10,000 Fmaladlustmemsarlcl5l€“‘0?44000 PhotodocumentationProjectdedicationCONTINGENCY(10%) 12,000 Note:Budgetdoesnotincludesiteprep,electricalservicelines,orlandscapework lNDlO9/llMEMORIALPROJECT DES|GNPROPOSAL ' '
,u.,11,m3 studiofol

AGENDA ITEM #9.1
Select the finalist from three (3) options recommended by the Public Art...Page 519 of 959 BasedintheLosAngelesarea,JamesDinhfoundedthecollaborativedesignpracticeStudiofoliain2010withthesimplemissionofconnectingpeopletomemoryandplacethroughpublicart.

Becausethecontextandrequirementsofeachprojectaredifferent,hisdesignprocessisbasedonanapproachratherthanasingularstyle.Thisfocusonsite—speci?cityisreflectedinthediversityofhisbuiltprojectsacrosstheUS.

TI.E.,CollegeofEducation,Uni.ofNebraska,St.Paul,MN,2022 Lincoln,2023 INDIO9/11MEMORIALPROJECT DESIGNPROPOSAL '
studio

AGENDA ITEM #9.1
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5.4 msfaupn-yhecxu.~......~land.QAmadnunnmlupmmulluixplace.’Q9.y5AY-1.mu.....

M3-hcrlllgeusxcxmm.....u,...\_ mmunuuhnum.;.._i__ _ ,
.
'

1.»!/.”l‘J'..4‘' :,i5.nl".:*4!‘
I ‘J’ 1‘al),NationalMuseumoftheAmericanIndian,Washington,D.C.,2018 INDIO9/11MEMORIALPROJECT DESIGNPROPOSAL '
studio

AGENDA ITEM #9.1
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AGENDA ITEM #9.1
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By Oleg Lobykin
9/11 Memorial Project, Indio, CA
www.Lobykin.com

AGENDA ITEM #9.1
Select the finalist from three (3) options recommended by the Public Art...Page 523 of 959 About the Artist
• Master stone carver and sculptor
• Emigrated from St. Petersburg to NYC in 1990
and lived there for 6 years, working at
Cathedral St. John the Divine doing
architectural carving
• California resident since 2000
• Projects completed in NYC, LA, SF, Stanford,
Denver, Seattle, Huntington Beach, Lake
Tahoe, and internationally (e.g., Japan)
www.Lobykin.com

AGENDA ITEM #9.1
Select the finalist from three (3) options recommended by the Public Art...Page 524 of 959 Artist Oleg Lobykin (left) and his brother (above)
at top of WTC (1991)
www.Lobykin.com

AGENDA ITEM #9.1
Select the finalist from three (3) options recommended by the Public Art...Page 525 of 959 Design Philosophy
• 9/11, for all its horror, testifies to the great
courage and selfless sacrifice that united all
Americans. In the face of adversity, Americans
came together as one people to support and
comfort one another, with many exhibiting
extraordinary bravery in rescuing victims of
the terrible attack. Even the worst, twisted evil
could not crush the courageous American
spirit. This idea is represented visually by the
“Courage Towers” sculpture design.
www.Lobykin.com

AGENDA ITEM #9.1
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Materials: 316 Stainless steel and artifact
Dimensions: 15’ high x 2.25’ wide x 2.25’
deep (each column)
Footprint of artwork: 9’ x 10’-2”
Footprint of steel frame: 10’ x 11’ (approx.)
Option 1: Mirror-polished finish

AGENDA ITEM #9.1
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Option 1: Mirror-polished finish

AGENDA ITEM #9.1
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Option 2: Brushed finish
In case reflections of mirror-
polish are undesirable.

AGENDA ITEM #9.1
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Option 2: Brushed finish

AGENDA ITEM #9.1
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• The Twin Towers of the World Trade Center are
reflected in the two square columns, which are
proportional in size and footprint to the actual
buildings. Stainless steel conveys resilience of
spirit and strength of resolve in response to
adversity. The artifact is positioned between the
towers at an angle somewhat reminiscent of the
trajectory of impact, signifying destruction,
intrusion, evil forces, sorrow, and tragedy. Yet the
steadfast courage of the nation withstands, and
honors those who lived and died by it.
www.Lobykin.com

AGENDA ITEM #9.1
Select the finalist from three (3) options recommended by the Public Art...Page 531 of 959 Budget and Timeline

1. Material: 316 and 303 stainless steel $24,500

2. Fabrication $41,000

3. Crating, shipping, delivery $10,000

4. Metal frame for foundation $12,000

5. Anchorage for artifact and installation $3,500

6. Installation, crane, rental equipment $5,000

7. Engineering, permits $4,500

8. Concrete foundation, lighting $7,000

9. Travel, lodging, supervision $2,500

10. Artist fee $15,000
Total $125,000
Timeline: 4-5 months from date of down payment
www.Lobykin.com

AGENDA ITEM #9.1
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–

MEMORIAL PROPOSAL
Sara Dabbagh – Babak Jaez
Attachment 3

AGENDA ITEM #9.1
Select the finalist from three (3) options recommended by the Public Art... Page 533 of 959 438 497 17 93
[email protected]
1450 South Service Rd
L5E 1V6 – Mississauga
On – Canada

BABAK JAEZ
I have more than 25 years experience in sculpting, photography and film industry as a sound mixer.

Work Experience
10th anniversary of Mekic gallery – Montreal – 2021
Group exhibition – Sculpture
Faces #2, Mekic gallery – Montreal – 2019
Solo exhibition – Sculpture
Faces#1, Leonidas culture center – Montreal – 2018
Solo exhibition – Sculpture
Nama, Aunja gallery – Montreal – 2016
Group exhibition – Photography
Day to day, Mekic gallery – Montreal – 2014
Group exhibition – Photography
Tasvir, Iranian artist house – Tehran – 2013
Group exhibition – Photography
Education
2000 – 2002
Participating in sculpting workshop classes
1996 – 1999
Beh Andish film school - Ministry of culture Major in film directing- Minor in sound ENG
1992 – 1996
Bachelor degree in Agricultural ENG

AGENDA ITEM #9.1
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RAP . by Marc Kandalaft Design Inc. - Montreal, 2012 – Present Freelance Graphic Designer, Art director
STRUCTUBE - Graphic designer, Montreal, 2019 – 2021

BCF Business Law - Freelance Graphic Designer, Montreal, 2019 – Present

HEC Montréal - Freelance Graphic Designer, Montreal, 2017 – 2018

STAND MTL - Freelance Graphic Designer, Montreal, 2017 – 2018

EXHIBITIONS
10th Anniversary of Mekic gallery (Group exhibition- Sculpture) – 2021 Day to day, Mekic gallery (Group exhibition- Photography) – 2014 Saint-Étienne International Design Biennale – 2010
Bang-Bang Exhibition, Graphic Design & Curator at Spacekraft Pompadour, Lyon, France – 2010
Folklore exhibition, Graphic Design and exhibition curator at Spacekraft Pompadour, Lyon, France – 2010
Education
Graphic Designer
Art director
Project manager
438 878 35 92
[email protected]
1450 South Service Rd
L5E 1V6 – Mississauga
On – Canada
Salette College, 2018 – 2019
Interactive and web design
HEC Montréal, 2015 – 2018
DESS Communication - Marketing
ENBA Lyon - FRANCE
(National School of Fine Arts)
Master of Plastic Expression,
Specialising in Graphic Design,
Space and Object.
[email protected]
+1 438 878 3592
https://www.behance.net/saradabbagh
Portfolio

AGENDA ITEM #9.1
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DESIGN I
A concrete structure measuring 21 x 13 will be constructed, featuring a surface design reminiscent of twin buildings. The structure will be primarily composed of metal and subsequently covered with concrete. The foundation will be constructed on-site, while certain finishing touches will be completed off-site at a workshop and then transported to the location for installation. We will collaborate with an architectural designer and an engineer based in Los Angeles. To secure the artifacts onto the sculpture, we will utilize chains, bolts, and nuts. Additionally, we will obtain all the required permits from the city. The concrete design of the sculpture estimated to take around 2 months to complete, while the I beam design will require approximately 1 month.

DESIGN II
I beams structure measuring 21 x 21. (The measure could change due to a technical decision) The foundation will be built locally. I beam structure will be built off-site.

Everything will be brought together on the spot. To secure the artifacts onto the sculpture, we will utilize chains, bolts, and nuts. Additionally, we will obtain all the required permits from the city. Estimated time to complete the design is about approximately 1 month.

Technical information :

AGENDA ITEM #9.1
Select the finalist from three (3) options recommended by the Public Art... Page 536 of 959 The primary objective is to maintain a minimalist approach that avoids overshadowing the artifact, while emphasizing on the significance of the artifact from the tragic event of 9/11. The design incorporates the numbers 11 and 9, serving as a poignant reminder of this global tragedy.

In the concrete concept, the recreation of a twin buildings facade is the essential thought, with a focus on highlighting the artifact. The design incorporates the numbers 9 and 11.

The I beam design features two beams forming number 11, symbolically embracing the artifact. Inspired by the act of placing flowers at the base of memorial sculptures, the planter idea is introduced.

In both designs, great care is taken into consideration to ensure that the three palm trees, representing the city of Indio, remain visible and significant without being overshadowed.

Artist statement

AGENDA ITEM #9.1
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The concrete has a texture resembling twin buildings,
and it also reflects the numbers 9 and 11.

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AGENDA ITEM #9.1
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The artifact is enveloped by two I-beams, which also form a reflection of the number

11. Additionally, there is a planter present that serves as a place to plant flowers in memory of the individuals who lost their lives in this tragic event.

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AGENDA ITEM #9.1
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Artist Fee (Design)
Fabrication Includes Materials and Supplies
(Subcontractors)
Insurance
Travel
Transportation of Art work
Installation (Foundations, Labor, Rental equipments,
Permit)
Lighting
10,000.00
85,000.00
5,000.00
4,000.00
6,000.00
10,000.00
5,000.00
TOTAL BUDGET $ 125.000,00

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Artist Fee (Design)
Fabrication Includes Materials and Supplies
(Subcontractors)
Insurance
Travel
Transportation of Art work
Installation (Foundations, Labor, Rental equipments,
Permit)
Lighting
10,000.00
60,000.00
5,000.00
4,000.00
6,000.00
35,000.00
5,000.00
TOTAL BUDGET $ 125.000,00

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Select the finalist from three (3) options recommended by the Public Art... Page 543 of 959 Maintenance Plan for the Artwork:

The artwork is very low maintenance and only needs to be washed once a year or as necessary, using low-pressure water with a soft brush and mild soap.

The artifact and I-beams have coating and should never be waxed, clear-coated, or oiled.

As for lighting, it is important to replace any lights that are out of order or damaged promptly.

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We ( Sara Dabbagh and Babak Jaez) will purchase insurance, per the City’s requirements, upon being selected as the finalists for the 9/11 Memorial Project. The insurance will be submitted to the City as part contract negotiations.

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City Council
August 16, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Leila Namvar, Public Arts Analyst
Subject: Miles Avenue South Alley Activation Project: Review the proposal from Building 180, select one or more ideas from their proposal, and allocate a budget of up to $135,000 or an amount the City Council deems appropriate for this project.

RECOMMENDATION:

Approve the proposal from Building 180 for the Miles Avenue south alley activation project and authorize the City Manager and City Attorney to negotiate and finalize the terms of the agreement for a total amount of up to $135,000 (or an amount that the City Council finds appropriate for this project).

SUMMARY:

The City has decided to activate the existing alley within Miles Avenue that runs north -south and currently is not being used to its full potential. Staff has sent direct Request For Proposal (RFP) to three arts organisms (The Artlands, Building 180, and Studio 1) and one artist (Patrick Barwinski) and has received three (3) proposals. Building 180’s proposal stood up amongst the others. Building 180 is a women-led, full-service global art production and curation agency delivering impactful projects to public and private spaces. They design, curate, and produce unique and complex art installations from conception to completion. Their team consists of curators, producers, and artists. Their clients include cities, sensible brands, event producers, designers, and developers. The unveiling date for this project is November 1, and the team shall complete the project in the second week of October. Due to this tight deadline, the Public Arts Commission will not review the project, but the Commission has been sent this staff report for their information to receive and file. Staff is requesting the City Council review the proposal from Building 180, select one or more ideas from their proposal, and allocate a budget for this project.

BACKGROUND INFORMATION:

A diversity of types of space is important to exciting city experiences, and alleys are the perfect places to stimulate vibrant city life. Alleys are often neglected and sometimes are dark places for potential crime. While alleys are invaluable for giving service access, arts venues will ensure that alleys are cared for and looked after for a more beautiful and safer city. One thing is certain: alleys not only provide important space for services but also invaluable public space that with some attention and care, they can begin to transform into a public space for gathering and having fun. The Miles Avenue south alley holds great potential to transform into a public realm by using public arts including a mural, lighting, and seating, as proposed by the Building 180 team (Attachment 1).

Mural:

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Miles Avenue South Alley Activation Project: Review the proposal from Bu... Page 547 of 959 The building 180 team is proposing the installation of a mural artwork on the east wall (potential for ground mural) to create a cost -effective, immersive, colorful experience for all passersby. Using UV and black light paint the team proposes to create mesmerizing murals that come to life after dark. By day, a beautiful wall appears immersive and enchanting, and with the flick of a switch, a glow-in-dark paint comes to life. The proposed budget for this mural is $65,625.000.

Split Lights:

Building 180 team proposes placing two “Split Lights” on top of both buildings adjacent to the alley to create a shadow on the sidewalk. Split Lights deconstructs normal white light into the three fundamental pieces of red, green, and blue that cast shadows on the sidewalk. These colors are constantly altering and changing places as the different colored shadows emerge. Visitors are free to explore and intermix these colors and shapes with themselves, other visitors, and the environmen t.

The proposed budget for the installation of Split Lights is $27,500.00.

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Sculptural Light-Up Seating:

Building 180 team proposes placing two to four custom-made and sculptural, light-up benches at the ends of each alleyway (north and south of Milles Avenue) creating nighttime effects within the sidewalk areas for viewers and/or pedestrians to sit and take in the art. The proposed budget for this project is $41,000.00.

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Total Budget:

The total proposed budget is $134,125.00. The City Council may select all and/or any of the above - noted options.

Project Timeline:

Week of August 7: Proposal presented and approved.

Week of August 14: Schedule Meetings with Artists to Determine final Needs and coordinate with the City.

Week of August 21: Final Approval for Artist Selection, Contracts Drafted, and Payment Initiated.

Week of August 21: Luminous Lightform Benches and Split Light would need to begin production and deposits in order to hit October Installation. Benches would need design approved for fabrication and Split Light will need to order lights to hit October installation.

Sept-October: Fabrication of Lightform Benches and Split Light.

September 4th: First Design from Muralist, 2-Day Feedback from Client.

September 11th: 2nd Design from Muralist, 2-Day Feedback.

September 18: Final Design Approved.

September 18-29: The artist to Collect the Final Materials for Shipping and Installation.

October 2: Travel and Shipping.

October 2-14: Installation for all 3 artworks.

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November 1: Unveiling.

The resume of all artists and Building 180 is included in Attachment 2 to this staff report.

Staff is requesting the City Council review the proposal from Building 180, select one or more ideas from their proposal, and allocate a budget for this project.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$135,000 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:
203-521064

Additional Financial Details:

Funding will come from the Arts in Public Places' current FY work plan budget allocation.

ALTERNATIVES:

1. Continue the request pending submission of additional information.

2. Refer the item to the Public Arts Commission.

ATTACHMENTS:

Attachment 1 - Proposal for Miles Avenue Activation by Building 180 Attachment 2 - Resumes

APPROVAL(S):

Scott Trujillo, Deputy City Manager Approved - 06 Aug 2023 Jillian Martins, Assistant City Attorney Approved - 06 Aug 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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2

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3

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4

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ART OPTIONS FOR MILES AVENUE
Curated by
August 2, 2023
5

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SCOPE OF WORK
6

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SCOPE OF WORK: ALLEYWAY ACTIVATION
7 ● Dimensions:
○ West side wall 85Lx25H
○ East side 75Lx25H
○ Width wall to wall 15' Page 12 of 56
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SCOPE OF WORK
8

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SCOPE OF WORK
9

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BRANDING
10

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SCOPE OF WORK: COLOR PALLETTE
11

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12 SELECTED LOCATIONS +

ARTISTS

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PRODUCTION TEAM: BUILDING 180
13 Building 180 is a women-led, full-service global art production and curation agency. We deliver impactful projects to public and private spaces. We design, curate and produce unique and complex art installations from conception to completion.

Our team of curators, producers and artists are professional problem-solvers with big ideas. We collaborate across industries to identify creative solutions. Our clients include cities, sensible brands, event producers, designers and developers. We make ambitious projects possible by empowering both artists and clients to dream bigger and build better.

We imagine a world where art connects us with one another, and the world around us. A world where art has no boundaries and is made to elevate the human experience, inspire the very best in human nature, and awaken the fullest potential of imagination. The world is our canvas. www.building180.com
2023 Portfolio + Video Reel
IG: @building180 / @paintthevoidproject
LinkedIn: https://www.linkedin.com/company/building180

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14 IMMERSIVE MURAL

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MURAL PLACEMENT: EAST WALL
15

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IMMERSIVE BLACK LIGHT MURAL
16 Proposal
We propose placing mural artwork on the east wall (potential for ground) to create an immersive, colorful experience for all passerbys. This is a cost efficient way to create large-scale art.

Using UV and black light paint we propose to create
mesmerizing wall murals that come to life after dark. By day, beautiful walls appear as immersive and enchanting, and with the flick of a switch, the artist’s painterly strokes and spray-painted textures start to glow and come to life in a new design. Mural works will illuminate entire areas, transforming ordinary spaces into spectacular glowing worlds.

Lighting installation to be discussed and light pollution must be explored.
1 year warranty.

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ARTIST SELECTION: Xavi Panneton
17

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ARTIST SELECTION: Xavi Panneton
18

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ARTIST SELECTION: Xavi Panneton
19

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20 ARTIST SELECTION: Xavi Panneton

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ABOUT THE ARTIST: https://xaviart.com/
21 XAVI PANNETON Contemporary American Painter, Muralist, and Designer. Xavi Panneton, born 1977, is an artist with an evolving aesthetic where abstract, graffiti, and visionary art meets modern design. He approaches his craft with a unique perspective made possible by his history of creating works across many genres. He is presently utilizing experimental processes that embrace both technology and mixed media to advance abstract expressionism for the 21st century.

First immersed in the Washington DC graffiti and skateboarding scene of the early 90s, Xavi moved to California at the age of 19 to become an in-house fashion designer and graffiti artist for JNCO Jeans. He is among the originators of the West Coast world of Visionary Art. At this time, his work is focused primarily on abstract modernism and architectural murals. With his passion for artistic expression in many forms, including fashion and sculpture, Xavi’s work can best be described as colorful, graphic, and emotional. His mesmerizing patterns and alternating use of hard and soft lines generate a sense of vibration and have been known to evoke meditative states. Through masterfully-executed compositions of novel shapes, patterns, and symmetries, Xavi aims to connect with viewers in a world of simple beauty, light, and harmony.

Xavi takes his inspiration from many sources and is particularly drawn to the biomorphic aesthetic: “Nature is the source and teacher of all design and is what I turn to for inspiration and guidance.” Ancestral influences of indigenous cultures are also pervasive in his work, and his artistic visions are fueled by music and dance as well as glimpses into the world of spirit. Using formal design techniques, he creates a dynamic tension by incorporating the old and the new, the seen and the unseen, building a unique visual language straddling cultures and epochs. While committed to the timeless tenets of design theory, Xavi also brings a certain playfulness to his practice, and while his work remains sophisticated, there also exists a refreshing accessibility to everything he produces.

Xavi is best known for his immersive architectural murals, which he has created in an impressive range of settings, from high-end hotels and corporate campuses to schools in underprivileged neighborhoods to culturally-relevant nightclubs, music festivals, and retail shops. He is in demand internationally, having created installations in Portugal, Australia, the UK, Costa Rica, Canada, and Ecuador. He was commissioned by the Quito Museum of Contemporary Art to create a mural for the “Arte en la Calle Festival” in Quito, Ecuador. He has created collaborative stage designs and large scale installations for the Boom Festival in Portugal, Lightning in a Bottle Festival, Electric Daisy Carnival, Rainbow Serpent Festival and Symbiosis, to name a few. His sculptural installations, paintings, and immersive art experiences have appeared in many major cities for clients such as Google, EA Sports, Patagonia, Insomniac and Do Lab.

Xavi has a passion for creating art that positively impacts communities. He sees his work in underserved neighborhoods as a form of art therapy and social activism. As an example, he spent eleven months from 2019 to 2020 transforming the educational complex of Kids Unlimited, a charter school in Medford, Oregon, that is dedicated to creating accessible opportunities to empower all children regardless of their backgrounds and economic limitations. The exterior of each school building, painted using the hard-edge technique, in the superflat style, contains bright intersecting patterns reminiscent of clouds, plants, and flowers. A 3,200 square foot mural on the main building is constructed of large curving forms designed to emphasize scale and invite viewers into a grand experience of modern architecture that is otherwise not available in that city. The immersive environment is designed to feel comforting and uplifting, universal and timeless. The CEO of Kids Unlimited, Tom Cole, writes: “There is not a day that goes by that I don’t appreciate and enjoy the murals that Xavi designed that brighten our campus. It’s truly helped to create prominence for our work with children who deserve the best. Xavi’s contributions are meaningful every day to our entire KU community of children, parents and staff.” As an internationally-recognized artist, Xavi has left a transformational mark on every community into which he has been welcomed.

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22 SPLIT LIGHT

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SPLIT LIGHT PLACEMENT
23

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IMMERSIVE BLACK LIGHT MURAL
24 Proposal
We propose placing two “Split Lights”on top of both buildings to create a shadow on the sidewalk.

Split Light’s deconstruct normal white light into the three fundamental pieces--red, green, and blue--that people, as an accident of biology, can happen to see.

Using this curated light, Split Lights split the site--or at least your perception of it--into echoed shadows of these fundamental colors. These colors are constantly altering and changing places as the different colored shadows emerge. Visitors are free to explore and intermix these colors and shapes with themselves, other visitors, and the environment.

Physical Description:

Colored lights, Arduino, custom software, wood, paint, 110V three-prong outlet.

For permanent installation we would create a custom box and shield them from the Indio sun. Attachment to the roof would includes a ballast, with a portion of the attachment board suspended about 12" in front of the building. (We'd use safety cables, too).
1 year warranty.

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SPLIT LIGHT
25

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SPLIT LIGHT
26

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SPLIT LIGHT: QUESTION: Where would you like the light to cover? 27

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SPLIT LIGHT ARTIST: Cory Barr https://www.corybarr.com/ 28 Cory Barr’s multidisciplinary work challenges the objectivity of human perception, our interpersonal interactions, and the nature of creativity. His pieces extend the traditions of Light and Space art, Participatory art, and Conceptual process art. Contemporary and emerging technologies are used to push our technological inheritance into areas not strictly driven by commercial or government goals. Mediums include programmable lights, cameras, prints, and custom computer software.

Most works take an aspect of universal human perception as the starting point, bypassing representational symbols and their shifting meanings. These works accentuate the subjectivity of our fundamental methods of perception. For example, by altering the light, we change the ways our eyes work as static art pieces begin to alter their form and animate. These visual changes exist only in our perception, not the physical world.

Viewer participation is essential to the form and content of many pieces. Viewers co-author the piece by interacting with it. This interaction can be alone or with others, creating moments of exchange between friends, strangers, and the space itself. Cameras, motion sensors, and other common tools of technological surveillance and exclusion are co-opted from their typical “keep-out” roles to create a collaborative, responsive piece.

Cory investigates the nature of creativity by setting up a collaboration between the artist and art-making technologies. These pieces explore how creative choices are consciously explorational or just learned motions of technique. In particular, he creates systems that mix traditional artistic marks with marks created by machine, handing off learned habits to automation while allowing more creative focus on new creative territory.

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29 LUMINOUS LIGHTFORM

BENCHES

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BENCH PLACEMENT
30

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LUMINOUS LIGHTFORM BENCHES
31 Proposal
We propose placing two to four custom made and sculptural, light-up benches at the ends of each alleyway. We propose to add a nighttime effects to the mural by lighting sculptural and functional areas of the walkway for viewers to sit and take in the art.

LIGHT UP BENCHES use a material that is 100% sustainable, UV and weather resistant.

Budget is for (2) benches and lighting, additional benches we would offer a 10% discount. The benches would have a raised divide in the middle to make the benches unsuitable for sleeping but still functional and comfortable art.

Warranty is for 1 year. The benches are 48" deep at their widest point, and since they are custom designs, we can adjust them as needed in terms of width or any ADA needs. The benches run on a regular 110V line, and don’t take much power.

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32 LUMINOUS LIGHTFORM BENCHES

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33 LUMINOUS LIGHTFORM BENCHES

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34 LUMINOUS LIGHTFORM BENCHES

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LUMINOUS LIGHTFORM BENCHES ARTIST: Phil Spitler: https://philspitler.carbonmade.com/ 35 Phil Spitler is a creative technology artist who is based in San Francisco. He has gained a reputation for his ability to create innovative and unique light-based art, as well as augmented reality and other creative technology installations.

Originally from the UK, Phil has always been fascinated by the interplay between art and technology, and has spent much of his career exploring this intersection. He has a keen eye for using light and color to create immersive environments, often incorporating cutting-edge technology to create truly transformative installations.

Phil's work has been exhibited in galleries and festivals around the US and he is always keeping with the current bleeding edge of creative technology.

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36 BUDGET

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BUDGET
37

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38 TIMELINE

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TIMELINE
39 - Week of August 7: Proposal presented and approved
- Week of August 14: Schedule Meetings with Artists to Determine final Needs and coordinate with the City - Week of August 21: Final Approval for Artist Selection, Contracts Drafted and Payment Initiated - Week of August 21: Luminous Lightform Benches and Split Light would need to begin production and deposits in order to hit October Installation. Benches would need design approved for fabrication and Split Light will need to order lights to hit October installation.
- Sept-October: Fabrication of Lightform Benches and Split Light - September 4th: First Design from Muralist, 2 Day Feedback from Client - September 11th: 2nd Deesign from Muralist, 2 Day Feedback - September 18: Final Design Approved
- September 18-29: Artist to Collect Final Materials for Shipping and Installation - October 2: Travel and Shipping
- October 2-14: Installation for all 3 artworks
- October 15: Unveiling

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40 QUESTIONS + RESUMES

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QUESTIONS AND RESUMES
41 See email

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42

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Building180isawomen-led, full-serviceglobal art productionandconsultingagency. Wespecializeinpublicart, workplacedesignandplacemaking. Wedesign, curateandproduceuniqueandcomplexartinstallationsfromconceptiontocompletion.

Our teamof artists, curatorsandproducersareprofessional problem-solverswithbigideas. Wecollaborateacrossindustriestoidentifycreativesolutions. Our clientsincludecities, sensiblebrands,event producers, designersanddevelopers. Wefacilitateconsensusbetweenstakeholders, thenapplyour methodologytobringyour storytolife–onscheduleandwithinbudget. Weexclusivelyworkwithreliableartistsandprideourselvesassafeguardsof artisticintegrityandfreedom. www.building180.com2023Portfolio+VideoReelIG: @building180/ @paintthevoidprojectYouTube: linkLinkedIn: https://www.linkedin.com/company/building180 PRIMARYCONTACT:ShannonRiley, Founder, CEO, BUILDING180Co-Founder, ExecutiveDirector, Paint [email protected] CV:2023Selectedcompleted+upcomingprojectsasof June, 2023● CharonbyPeter Hudson. International sculpturetour; Clisson, FR, Paris, FRandAntwerp, BE● Tall CardsbyMichael Christian, permanent sculpturefor Factory52, Norwood, OH● NapaLightedArtsFestival, Curatedandproduced4temporarysculpturesbyKatyBoynton, BillKennedyandTaylor DeanHarrison; Napa, CA● PolymerybyTaylor DeanHarrison; temporaryinstallationfor LagunaBeach, CA● Altar +DesignsbyShrine; permanent installationfor interior andexterior spaces; LasVegas, NV● MesmerizebyStuart Ward, digital installation; LasVegas, NV● ChopobyMr BBaby, permanent mural at LaMonaRestaurant; LasVegas, NV● KwaidanbyNaomi Schultz, permanent mural for CBRE; SanFrancisco, CA● Eagle+Trout byJoel DeanStockdill andYustinaSalnikova, permanent sculpture; Tahoe, CA(upcoming)● DancingFishesbyJoel DeanStockdill andYustinaSalnikova, permanent sculpture; DonnerLake, CA(upcoming) 2022Completedover 100projectswithvariousartists. Selectedprojectsbelow:● CardSpherebyMichael Christian, permanent sculpturefor Factory52; Norwood, OH● ShineOn. Curatedandproduced20communitymurals. SanFrancisco, CA● Quail FamilybyJoel DeanStockdill andYustinaSalnikova; SOMOVillage, Rohnert Park, CA● CharonbyPeter Hudson. International sculpturetour; Nantes, FranceandLondon, UK● 9Muralsbyvariousartistsfor Atlassian; Austin, TX

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Miles Avenue South Alley Activation Project: Review the proposal from Bu... Page 594 of 959 ● JFKMurals: 11groundmuralsbyvariousartistsspanning1.5miles; SanFrancisco, CA● Interior Styling+Designfor BenchlingHQ, SanFrancisco, CA● BlinkLightedArtsFestival. Curatedandproduced4sculpturesbyvariousartists; Cincinnati,● Cheapshot: Customfabricationfor bar interior; LasVegas, NV● WeAll Scream: Customdesignandfabricationfor bar interior; LasVegas, NV 2021Over 50projectscompletedwithvariousartists. Selectedprojectsbelow:● Paint TheVoidGrant, awardedbytheCityof SanFranciscotocreate30temporary, publicmurals● Heartfullness3byKatyBoynton. Apermanent sculptureinstallationat SOMOVillageinRohnertPark, CA● SyzygybyTaylor DeanHarrison. Atemporarysculptural installationat ParkMercedinSanFrancisco, CA● RopeHallwaybyLishDawn. Permanent installationfor Googleat OneMaritimePlazainSanFrancisco, CA● UntitledMuralsbyvariousartists. Permanent installationsat TwitchHQinNewYork, NY● Artificial Plant CeilingChandelier byLishDawn. Apermanent installationat theFlamingoHotel● CharonbyPeter Hudsonfor LeMachineinNantesFrance 2020● World’sLargest AugmentedRealityMural, “Transmigrations” byCamilaMagranemapermanentinstallationat theDowntownGrandHotel andCasinoinLasVegas, NV● Slat City, a5600sq/ft permanent mural byJosef Kristofoletti at theDowntownGrand● Paint TheVoid, fiscallysponsoredbyIntersectionfor theArts. Building180’spro-bonoinitiativetoproduceover 100publicmuralsintheBayAreainlessthan7months● LEDCeilinginstallationbyStudioAnnwn. Permanent installationat LuckyDayinLasVegas, NV● LEDOctopusbyStudioAnnwn. Permanent installationat DiscopussyinLasVegas, NV● UntitledMuralsbyAmosGoldbaumandAlexandaBowmanfor Atlassian. Permanent muralsin● ConstellationbyChristopher Schardt. Temporaryinstallationfor theInternational Light Festival atXintiandi Hall of theMoon, Shanghai, CN● UntitledMuralsbyLindseyMillikan. installationfor Principal BuildersinSanFrancisco, CA● UntitledMural byPriscillaWitte. Permanent installationat ParkMercedinSanFrancisco, CA● Twitch, aSubsidiaryof Amazon, Interior Art CommisionandInstallationsinNewYork, NY 2019● UntitledLED-reactivemuralsbyStrider Patton, installationfor CourseraHQ, MountainView, CA● UntitledmuralsbyPriscillaWitte, permanent installationfor AmazonHQLosAngeles, CA● Foret MoirebyAnnieTull, permanent installationfor AmazonHQLosAngeles, CA● ParastellabyChristopher Schardt, Permanent Installationfor ZeroSpace, NewYork, NY● Twitch, aSubsidiaryof Amazon, Interior Art CommisionandInstallationsacross(3) offices○ SanJose, CA, LosAngeles, CA, NewYork, NY● GeodesbyHYBYCOZO, Area15, LasVegas, NV. Interior Art InstallationandCommision● Google, Sunnyvaleincollaborationwith2Decor. Interior Art CommisionandInstallation● AtlassianMural by“Captain” JamesStovall andFrancesBerry, Interior Mural; MountainView, CA● Solacii. Public2-year InstallationbyTigreBailando, Fremont, CA● RainbowBridgebyLookingUpArtsFoundation, TemporaryArt Installationfor EDCLasVegas● Ethyl theBlueWhale. Public(1-year) Installationat SFCCincollaborationwithMeowWolfAirbnbHeadquarters, 3Permanent Interior Art Commision&InstallationinSanFrancisco, CA

AGENDA ITEM #9.2
Miles Avenue South Alley Activation Project: Review the proposal from Bu... Page 595 of 959 ● LaunchedAnantaArtist inResidencyProgram, Boulder Creek, CA● TheElectricOakbySymmetryLabs, Project Management. AbsintheLasVegas, NV● ConstellationbyChristopher Schardt, TemporaryArt Installationfor LightedArt Festival, VistaColinaResort, Napa, CA 2018:● LaunchedAB180Artist inResidencyProgram, PortolaValley, CA● Twitch, SanFrancisco, CAInstallationandCommissionof 5Large-Scaleartworksanddecorationof over 125roomsat Twitch, asubsidiaryof Amazon, HQ@350BushSt, SanFrancisco, CA● Atlassian, SanFrancisco, CA. Mural InstallationwithStrider PattonandKnitsFor Life● BlueWhalebyJoel DeanStockdill andYustinaSalnikovaincollaborationwiththeMontereyBayAquarium, HubStrategyandCommunication, TheNational ParkService, GoldenGateConservancy, SanFrancisco, CA. CommissionandInstallation● ConstellationbyChristopher Schardt, TemporaryExhibit at theMidwayGallery, SanFrancisco● InSpirebyHYBYCOZO, Permanent Art InstallationFashionMall Plaza, LasVegas, NV● HeartfullnessbyKatyBoynton, Permanent Art Installationat FashionMall Plaza, LasVegas, NV● Firmament byChristopher Schardt, TemporaryInstallationat LifeisBeautiful Festival, LasVegas● AlpineInvestments, StylingandCurationinSanFrancisco, CA● Firmament byChristopher Schardt, TemporaryInstallationat EDC, LasVegas, NV● ConstellationbyChristopher Schardt, TemporaryExhibit at theMidwayGallery, SanFrancisco, 2017:● Responsiblefor receiving$500kingrantsfor large-scaleart projectsincludingtheOaklandMuseumBayBridgeSteel Program, BurningManHonorariumandTheRobbyPobleteFoundation’sArt of Peace.● Pier IntoThePast: PublicCommissionutilizingover 50Klbsof BayBridgeSteel tobeinstalledonPier 3inSanFrancisco, CAin2020incollaborationwithHornblower CruisesandEvents.● CharonbyPeter Hudson, TemporaryInstallationat BurningMan, BlackRockCity, NV● Seaof Light by3-MonthInstallationwithSymmetryLabs, NewYorkCity, NY

AGENDA ITEM #9.2
Miles Avenue South Alley Activation Project: Review the proposal from Bu... Page 596 of 959 Cory Barr, Media and Light Art
PO Box 701 (818) 864-1805
Woodacre, CA 94973 [email protected]
Contact
Information
http://www.corybarr.com/private-portfolioPortfolio
Cory Barr, San Francisco, CaliforniaProfessional
Experience Principal | Lead Artist| Founder July 2011–Present Lead artist and director roles for new-media art
commissions. Designed, delivered, and directed one
of the largest existing permanent pieces of new-media
public art. FormedAnticlockwise Arts, a legal
entity for new-media art projects.

California College of the Arts , San Francisco, California Senior Lecturer, Graphic Design and Interaction Design Sept 2016–Present Designed and taught required graduate coursework in
programming, generative design, and creative coding.

The Exploratorium, San Francisco, California
New Media Developer, On Call Jan 2014–Present
Stanford University, Stanford, CaliforniaEducation
M.S., Computer Science
University of Oklahoma, Norman, Oklahoma
Masters of Music
City College of San F rancisco, San Francisco, CA
Associates in Studio Art, Associates in Art History
Illuminated Building Facade, Los Angeles, withMorphosis Architects (2024)Selected Permanent
Commissions
KARL, San F rancisco Recreation & Parks/T rust for Public Land Pixel Poles, San F rancisco Recreation & Parks/T rust for Public Land Urban Heat, The Exploratorium
F resno Cultural Center, City of F resno
Interactive Lighting Storefront,F orward
Code:ART, City of Palo Alto Public Art Program (upcoming) 2023Selected Group
Exhibitions
Napa Lighted Art Festival 2023
Code:ART, City of Palo Alto Public Art Program 2021
GLEAM: Art in a New Light,Olbrich Botanical Gardens, Madison, WI 2019 Cells to Self,The Exploratorium, San Francisco, CA 2018 Canal Convergence Water + Art + Light,Scottsdale Public Art 2018

AGENDA ITEM #9.2
Miles Avenue South Alley Activation Project: Review the proposal from Bu... Page 597 of 959 Chicago New Year’s Eve River Celebration,Chicago, Illinois 2016 Audi City Codes New Media Art Exhibition,Audi City , Beijing 2014 REBOOT:music, T ech Museum of Innovation, San Jose, CA 2014 NightLife, California Academy of Sciences , San Francisco, CA 2014 Comfort Zone, The Exploratorium, San Francisco, CA 2013-14 5ENSES Art+Tech Festival,CODAME, San Francisco, CA 2013 CODAME x DEF CON,CODAME, San Francisco, CA 2013
TVOT, T elevision of T omorrow Show, San Francisco, CA 2013 Taiko+Technology,ZER01 Art and T echnology Network 2012 Moving W ords(work done atHavas New Y ork)Selected
Collaborative
Projects
Comfort Zone, collaboration withLEVYdance, The Exploratorium, and rest of Anticlockwise Arts
W atercolor W all, collaboration with rest ofAnticlockwise Arts Microsoft Health Data Visualizations, collaboration withThe Office for Creative Research
Stepping T ones, collaboration withT ech Museum of Innovationand rest of Anticlockwise Arts
Taiko+Technology, collaboration withSan Jose T aikoand Paul Mans Sandbox W orld, collaboration with rest ofAnticlockwise Arts Honorable Mention, San Francisco Design Week, 2020A wards ˆ Helen Diller Civic Center Playgrounds , 2019
ˆ Work done withBothman Construction and Andrea Cochran Landscape Architects
Best Sculpture/Installation/Non-Building Structure, American Institute of Steel Construction IDEAS2
ˆ Helen Diller Civic Center Playgrounds , 2019
ˆ Work done withBothman Construction and Andrea Cochran Landscape Architects
Architectural Foundation of San Francisco, Kirby Ward Fitzpatrick Prize ˆ Helen Diller Civic Center Playgrounds , 2019
ˆ Work done withAndrea Cochran Landscape Architects
Bronze Prize, Cannes Lions Festival of Creativity
ˆ Moving W ords, 2017
ˆ Work done withHavas New Y ork
Maker Faire Educator’s Choice Ribbon
ˆ Sandbox W orld, 2016
Priceless Art Grant
ˆ W atercolor W all, 2014

AGENDA ITEM #9.2
Miles Avenue South Alley Activation Project: Review the proposal from Bu... Page 598 of 959 Victoria Mara Heilweil and Phil Spitler
San Francisco, CA
[email protected]
www.luminouswaveforms.art
www.victoriaheilweil.com
www.philspitler.com

EXHIBITIONS
2024 RESONANCE IN LIGHT, Heron Arts,San Francisco, CA
2023 NAPA LIGHTED ARTS FESTIVAL, Napa, CA
2022 OAKLAND FESTIVAL OF IMMERSIVE ARTS, Oakland, CA
2019 TEMPLE OF DIRECTION, Burning Man Festival, Black Rock City, NV WATER MUSIC, DZINE Gallery, San Francisco, CA
2018 WONDERSPACES, San Diego, CA
stARTup Art Fair, San Francisco, CA
2017 NIGHTLIFE LIVE, California Academy of Sciences, San Francisco, CA AUTUMN LIGHTS FESTIVAL, The Gardens at Lake Merritt, Oakland, CA FUNDRAISING EVENT, Oakland Museum, Oakland, CA
MAKER FAIRE, San Mateo County Event Center, San Mateo, CA LUMINARY ART.TECH.MUSIC, The Midway, San Francisco, CA
MANUAL DIGITAL, Space 151, San Francisco, CA
2016 AUTUMN LIGHTS FESTIVAL, The Gardens at Lake Merritt, Oakland, CA LUMINOUS WAVEFORMS, Friends and Family Music Festival, Saratoga Springs, CA 2015 TECHNOLOGICAL MEDIATIONS, 1337 Gallery, Art Works Downtown, San Rafael, CA NIGHT LIVE, California Academy of Sciences, San Francisco, CA 2012 REACHING FOR THE TOP , ZERO1 Biennial, Touchstone Climbing Studio, San Jose, CA CIRCUIT DANCERS, Friends and Family Music Festival, Saratoga Springs, CA

COLLECTIONS AND PRIVATE COMMISSIONS
Four One Nine, San Francisco, CA
Jonathan Carver Moore Gallery, San Francisco, CA
J Resort Hotel and Casino, Reno, NV
Arts Los Altos, Permanent Collection,Los Altos, CA
Sheri Sobrato and Eric Brisson, Private Commission, Hillsborough, CA Wonderspaces, Permanent Collection
GRANTS
2016 Temple of Direction, Burning Man Festival, Black Rock City, NV 2016 Friends and Family Music Festival, Saratoga Springs, CA 2012 ArtHERE, ZERO1 Biennial, San Jose, CA
Friends and Family Music Festival, Saratoga Springs, CA

AGENDA ITEM #9.2
Miles Avenue South Alley Activation Project: Review the proposal from Bu... Page 599 of 959 Xavi PannetonResume
PROFESSIONALEXPERIENCE: MURALS&INSTALLATIONS
1348Residency
Privatemural commission, SanFranciscoCA, 2022
ARCFestival
MainStagemurals, ChicagoIL, 2022
UniversityOf Illinois
Studenthousingmurals, ChampaignIL, 2022
EDCLasVegas
WastelandStagemurals, LasVegasNV, 2022
ADAPTV
Office. Interiormural, LosAngelesCA, 2022
TheGet Down
MusicVenue Interiordesignmurals, PortlandOR, 2022
EDCLasVegas
Mural commission, LasVegasNV, 2021
MirusGallery Permanentinteriormural, DenverCO, 2021
ElectricDaisyCarnival ShippingContainermural, LasVegasNV, 2021 ARCMusicFestival 20Shippingcontainerstackmural forthemainstageof festival,ChicagoIL, 2021 JamminonVegas Exteriorbuildingmural, LasVegasNV 2021
KillianPacific Exteriormural, PortlandOR 2020
EASports Threeinteriorofficemuralsonpanels, SiliconValleyCA 2020 KidsUnlimitedAcademy Exteriordesignof school buildings, architectural painting/mural,Medford 2019-20 ElectricDaisyCarnival Mural commission, LasVegasNV 2019 RoseGoldsTattoo&Piercing Mural commission, SanFranciscoCA 2019 Secret Project Festival Mural commissionbyFactory93/ InsomniacEventsinDTLAArtsDistrict, LosAngeles 2018 FlowjoHQ Seriesof fourinteriorwall installations, AshlandOR 2018 EurekaStreet Art Festival Mural commission, EurekaCA 2018

AGENDA ITEM #9.2
Miles Avenue South Alley Activation Project: Review the proposal from Bu... Page 600 of 959 LightninginaBottleFesitval Environmental graphicsmural, LosAngelesCA 2018 TiagaLighting&SoundComprehensivelogo&brandingpackage 2018 PrivateResidence Interiormural, SanFrancosco, CA 2018
PrivateResidence Shippingcontainermural, SantaCruzCA 2018 PrivateResidence Homeexteriormural, AshlandOR 2017
BackyardOrganics Interiormural, AshlandOR 2017
Lilikoi Structure Co-designedwith DoLab, LosAngelesCA 2017 CPSLabOutfitters Interiorretail spacemural, SantaRosaCA 2017 PrivateResidenceInteriormural works, AshlandOR 2017
GoogleOffices Mural, SanFranciscoCA 2016
Solar CultureGallery Entryway mural, TucsonAZ 2016
SanFranciscoMulti-DisciplinaryMedical Center Chromo-therapyinstallation, SanFranciscoCA 2015 DoLab Live-paintedmuralsonshippingcontainers, LosAngelesCA 2015–2017 WTFFestival Community“Paint-by-Numbers” murals, PortlandOR 2014 BoomFestival LaserCastleinstallation, Portugal 2014
SymbiosisFestival Live-paintedmuralsandgalleryworks, NorthernCA 2009-2017 ArteCalleStreet Art Festival Commissionedmural byTheContemporaryArtCenterofQuito, QuitoEcuador 2013 O+Festival Live-paintedmural, SanFranciscoCA 2013
JamminonHaight Buildingexteriordesign, Haight–Ashbury, SanFranciscoCA 2012 PrivateResidence Mural featuredonPrecitaEyesmural tour, CypressAlley, MissionDistrict,SanFranciscoCA 2012 BoomFestival TranceTowerinstallation, DanceTemple, Portugal 2012

AGENDA ITEM #9.2
Miles Avenue South Alley Activation Project: Review the proposal from Bu... Page 601 of 959 EnvisionFestival Live-paintedmural, CostaRica2011
PrivateResidence Mixed-mediainterior, BerkeleyCA 2011
Templeof VisionsGallery Mural, LosAngelesCA 2010
TempleNightclub Immersivemuralsandinstallationworks, SanFranciscoCA 2008-2011 RainbowSerpent Festival Live-paintedmural, Melbourne, Australia 2010 GladeFestival Live-paintedmural, EnglandUK 2008
EarthDanceFestival MandalaDome, Portal of Pieceinstallation, live-painting, NorthernCA 2001-2010 AWARDS, GRANTS&PRESS: CorcoranSchool of Art GoldKeyAward–Drawing1995.RainbowSerpent Festival MelbourneAustralia, Mural Grant. HuffingtonPost“TakingittotheStreets”. TheBoomBook BoomFestival 2007. COSMJournal.

PROFESSIONALAFFILIATIONS: FashionInstituteof Design&Merchandising SanFranciscoCA, GuestSpeaker2014–Present. COSM NewYork, GuestArtInstructor

AGENDA ITEM #9.2
Miles Avenue South Alley Activation Project: Review the proposal from Bu... Page 602 of 959 City of Indio
City Council
August 16, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: adopt election, special a of conduction approve to hearing Public the Resolution No. 10383 Determining the Validity of Prior Proceedings, adopt Resolution No. 10384 Calling a Special Election, adopt Resolution No. 10385 Canvassing the Results of the Elec tion, conduct first reading by title only of Ordinance No. 1797 Authorizing the Levy of a Special Tax and approve a budget adjustment relating to the Annexation of Annexation Area No. 83 to CFD No. 2004-1 (Parcel Map No. 38493, Indio North Business, LLC)

RECOMMENDATION:

That the City Council open the Public Hearing to approve the conducting of a special election, adopt Resolution No. 10383 Determining the Validity of Prior Proceedings, adopt Resolution No. 10384 Calling a Special Election, adopt Resolution No. 10385 Canvassing the Results of the Election, waive full reading of Ordinance No. 1797 Authorizing the Levy of a Special Tax, introduce the Ordinance by title only and request the City Clerk to read the title, and approve a budget adjustment relatin g to the Annexation of Annexation Area No. 83 to CFD No. 2004 -1 (Parcel Map No. 38493, Indio North Business, LLC).

SUMMARY:

On May 19, 2004, the City Council adopted a Resolution of Intention establishing Community Facilities District No. 2004 -1 (CFD) for funding a portion of the costs of law enforcement, fire and paramedic services incurred as a result of new development withi n the City. On July 21, 2004, the City Council established the CFD and also adopted a rate and method of apportionment to levy the special tax on all new residential development, within the CFD, of four or more homes. The tax is applicable upon the issuance of building permits on or after May 1, 2004. Annexation of each CFD is typically included as a mitigation measure for new residential development within the City. At the June 21, 2023 City Council meeting, the Council approved Resolution No. 10373, Inten tion to annex Annexation Area No. 83 into the CFD and set August 16, 2023 as the date for the public hearing, consideration of the adoption of a Resolution Determining the Validity of Prior Proceedings, a Resolution Calling a Special Election, holding the election, a Resolution Canvassing the Results of the Election, conduct first reading of the Ordinance Authorizing the Levy of a Special Tax, and approve a budget adjustment relating to the Annexation of Annexation Area No. 83.

BACKGROUND INFORMATION:

The CFD area boundaries and parcels of land in which services are to be provided and on which special taxes will be levied to pay costs and expenses are shown on the attached boundary map (see Attachment “5”), Annexation Map No. 83. Upon the petition of pro perty owners, the City will annex new subdivision developments into the CFD. The owner of the property within the boundaries of AGENDA ITEM #10.1
Public hearing to approve the conduction of a special election, adopt Re... Page 603 of 959 Annexation Map No. 83, Indio North Business, LLC, has filed a petition with the City Clerk requesting the City to include such property in the CFD.

The Mello-Ross Community Facilities Act of 1982 (the “Act”) provides clear authority in section 53313 for the establishment of a community facilities district to finance police, fire and paramedic services (Section 53313(a) and (b) of the California Government Code). This section also specifically provides for approval of the special tax by vote of the landowners.

Further, section 53318(c) specifically provides for the initiation of the establishment of community facilities districts upon receipt by the City of a petition requesting the institution of proceedings by the owners of not less than 10% of the area of land proposed to be included within the district. Annexation proceedings (Article 3.5 of the Act) follow similar procedures.

Section 53326(b) provides that there are less than 12 registered voters currently within the proposed district, the vote to levy a special tax shall be by the landowners of the proposed district and each landowner shall have one vote for each acre or portion of an acre of land owned within the proposed district. The Act clearly contemplated and provided for the establishment of districts, and the annexation of territory thereto, for raw land developments.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$12,408 In current year budget: No
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: N/A Fund-Org-Object
Reference:

N/A

Additional Financial Details:

The cost for the annexation is approximately $12,408. Indio North Business, LLC has paid $12,408 to cover these costs. There will be no cost impact to the General Fund.

There are 188 units contained within this annexation. The Fiscal Year 2023 -24 rate is $524.44 per unit, subject to annual rate adjustments of two (2) percent. Collection begins in the fiscal year after the building permit is issued. The annual collection will be based on the number of building permits issued prior to June 30 of the prior fiscal year, but could ultimately generate more than $98,594.72 annually to help cover local public safety costs.

ATTACHMENTS:

Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5

APPROVAL(S):

AGENDA ITEM #10.1
Public hearing to approve the conduction of a special election, adopt Re... Page 604 of 959

Timothy Wassil, Public Works Director Approved - 09 Aug 2023 Steven Graham, City Attorney Approved - 10 Aug 2023
Samantha Lopez, Finance Manager Approved - 10 Aug 2023
Bryan H. Montgomery, City Manager Approved - 10 Aug 2023

AGENDA ITEM #10.1
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ATTACHMENT 1
RESOLUTION NO. 10383 DETERMINING THE

VALIDITY OF PRIOR PROCEEDINGS

AGENDA ITEM #10.1
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RESOLUTION NO. 10383

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,

CALIFORNIA DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS

RELATING TO ANNEXATION OF PROPERTY INTO C ITY OF INDIO
COMMUNITY FACILITIES DISTRICT NO. 2004 -1 (LAW ENFORCEMENT,

FIRE AND PARAMEDIC SERVICES)
WHEREAS, the City Council (the “Council”) of the City of Indio, California (the “City”), has heretofore adopted Resolution No. 10373 stating its intention to annex certain propert ies, consisting of (Parcel Map No . 38493) (“Annexation Area No. 83”), into City of Indio Community Facilities District No. 2004 -1 (Law Enforcement, Fire and Paramedic Services) (the “District”) pursuant to the Mello -Roos C ommunity F acilities Act of 1982, as amended, (the “Act”); and
WHEREAS, a copy of Resolution No. 10373 incorporating a description and map of the proposed boundaries of Annexation Area No. 83 and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 83, which will be used to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 83 prior to the annexation of Annexation Area No. 83 to the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 83, are on file with the City Clerk and incorporated herein by reference; and
WHEREAS, Resolution No. 10373 set August 16, 2023 as the date of the public hearing on the annexation of Annexation Area No. 83 to the District and this Council held the said public hearing as required by law; and
WHEREAS, at said hea ring all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 83 to the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to the Cou ncil on said matters before it, and this Council at the conclusion of said hearing s is fully advised in the premises;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Pursuant to Sectio n 53325.1(b ) of the Government Code, the Council finds and determines that the proceedings prior hereto were valid and in conformity with the requirements of the Act.

Section 2. Annexation Area No. 83 is hereby annexed into the District.

AGENDA ITEM #10.1
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Section 3. The description and map of th e boundaries of Annexation Area No. 83 on file in the City Clerk’s office and as described in said Resolution No. 10373 and incorporated herein by reference, shall be the boundaries of Annexation Area No. 83.

The map of the proposed boundaries of Annexati on Area No. 83 has been recorded in the Office of the County Recorder of Riverside County, California in Book 91, Page 55 of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number 2023-0216138).

Section 4. Except where funds are otherwi se availabl e, there shall be levied annually in accordance with procedures contained in the Act, a special tax sufficient to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in t he territory within Annexation Area No. 83 prior to the annexation thereof to the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 83. The rate and method of apportionment of the s pecial tax and manner of collection is described in detail in Exhibit “A” attached hereto and incorporated herein by this reference. The special tax shall be utilized to pay for authorized services.

Section 5. Upon recordation of a notice of special tax lien pursuan t to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all real property in Annexation Area No. 83 and this lien shall continue in force and effect until the special tax obligation is canceled in accordance with law or until collection of the tax by the City ceases.

Section 6. The Council finds that the proposed public services are necessary to meet the increased demand put upon the City as a result of the development within Annexation Area No. 83.

Section 7. The Counc il finds that there is not an ad valorem property tax currently being levied on property within Annexation Area No. 83 for the exclusive purpose of financing law enforcement, fire and paramedic services.

Section 8. Written protests against annexation of An nexation Area No. 83, or against the furnishing of specified services or facilities or the levying of a specified special tax within Annexation Area No. 83, have not been filed by fifty percent (50%) or more of the registered voters or property owners of o ne-half (1/2) or more of the area of land within Annexation Area No. 83.

Section 9. The Office of the City Manager, 100 Civic Center Mall, Indio, California 92201, ( 760) 391-4015, or its designee, is designated to be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number and for estimating future special tax levies pursuant to Section 53340.1 of the Government Code.

Section 10. The City Clerk is directed to certify and attest to this Resolution and to take any and all necessa ry acts to call, hold, canvass and certify an election or elections on the levy of the special tax.

AGENDA ITEM #10.1
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PASSED, APPROVED and ADOPTED this 16th day of August, 2023.

OSCAR ORTIZ, MAYOR

ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK

APPROVE AS TO FORM:

STEVEN GRAHAM, CITY ATTORNEY

AGENDA ITEM #10.1
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EXHIBIT A

RATE AND METHOD OF APPORTIONMENT

OF SPECIAL TAX

AGENDA ITEM #10.1
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RATE AND METHOD OF APPORTIONMENT FOR
CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004-1
(LAW ENFORCEMENT, FIRE and PARAMEDIC SERVICES)
A Special Tax as here inafter defined shall be levied on all Assessor’s Parcels in Community Facilities District No. 2004 -1 of the City of Indio (“CFD No. 2004 -1”) and collected each Fiscal Year commencing in Fiscal Year 2004 -05, in an amount determined by the Cit y Council of t he City of Indio, through the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 2004-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the S tate of California.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor of the County designating parcels by Assessor’s parcel number. “CFD Administrator” means an official of the City, or designee thereof, responsible for providing for the levy and collection of the Special Taxes. “CFD No. 2004 -1” means City of Indio Community Facilities District No. 2004 -1 (Law Enforcement, Fire and Paramedic Services).
“City” means the City of Indio.
“City Council” means the City Council of the City.
“Commercial or Industrial Property” means for each Fiscal Year, property for which a building permit for new construction of a commercial or industrial use building was issued after May 1, 2004.
“County” means the County of Riverside.
“Developed Multi -Family Residential Property” means for each Fiscal Year, all Taxable Property for which a building permit for new construction of a multi -family dwelling with two or more units was issued after May 1, 2004 and prior to June 30 of the prior Fiscal Year, exclusive of property for which the property owner pays Transient Occupancy Taxes or the property owner has entered into an agreement with the City pursuant to which such property owner pays Transient Occupancy Taxes.

AGENDA ITEM #10.1
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“Developed Property” means for each Fiscal Year, all Developed Multi -Family Residential Property and Developed Single-Family Residential Property. “Developed Single-Family Residential Property” means for each Fiscal Year.

All Taxable Property for which a building permit for new construction of a single -family dwelling unit was issued after May 1, 2004 and prior to June 30 of the prior Fiscal Year.

Excluding any Developed Single-Family Restricted Residential Property. “Fiscal Year” means the period starting July I and ending on the following June

30. “Resolution of Formation” means the resolution adopted by the City as authorized by Section 53325.1 of the California Government Code. “Special Tax” means the special tax.to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“State” means the State of California.
“Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 20041 which are not exempt from t he Special Tax pursuant to law or Section E below.
“Transient Occupancy Taxes” means those taxes payable to the City pursuant to Ordinance No. 408, as it may be amended from time to time. “Undeveloped Property” means, for each Fiscal Year, al l Assessor’s P arcels not classified as Developed Property or Commercial or Industrial Property.

B. ASSIGNMENT TO LAND USE CLASSES
Each Fiscal Year, all Taxable Property within CFD No. 2004 -1 shall be classified as Developed Single -Family Residential Property, or Developed Multi-Family Residential Property, and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX

1. Developed Single-Family Residential Property
a. Maximum Specia l Tax - The 2004 -05 Maximum Special Tax for each Assessor’s Parcel classified as Developed Single -Family Residential Property shall be $524.44.
b. Increase in the Maximum Special Tax - On each. July 1, commencing on July 1, 2005. The Maximum Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.