Indio City Council
December 6, 2023

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 139 of 3061

REFERENCES
Hotel Indigo Atlanta Downtown, GA 30303
Complete retro-fit and conversion of 1960’s, 27 story building into a full-service, five star hotel. The 60 million dollar project included a 27 floor vertical abatement shaft full structural and MEP retrofit, helicopter pick for rooftop mechanical units, 2 story glass and marble staircase, sourced from Italy, and state of the art commercial kitchen.

Designed by: John Portman
Scott Colson 415.939.2189
HGA Architects, Principal Architect
Johnny Guiero 408.823.8591
Cupertino Electric, Senior Superintendent
Becca Hamel

RELEVANT

PROJECTS
CONT.

SENIOR PROJECT MANAGER

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 140 of 3061

PROJECT DESCRIPTION
Cheech morphed from the exhibition, Papel Chicano Dos: Works on Paper from the Collection of Cheech Marin to the Riverside Art Museum, to the Riverside Art Museum, a non-profit, nongovernmental art institution, in 2017.

Recipients of the 2023 NaƟonal Medal for Museum and Library Service, the naƟon’s highest honor given to museums and libraries that make significant and excepƟonal contribuƟons to their communiƟes. Over the past 29 years, the award has celebrated insƟtuƟons that are making a difference for individuals, families, and communiƟes.

Originally formed in the early 1950s by a group of arƟsts, RAM is a nonprofit museum with two locaƟons: the Riverside Art Museum, housed in a NaƟonal Historic 1929 building designed by Hearst Castle PROJECT LOCATION: RIVERSIDE, CA
APPROXIMATE PROJECT COST: $10,905,010
PROJECTED DURATION: 12 MONTHS
ACTUAL DURATION: 12 MONTHS
The Cheech Marin
Center for Chicano Art
& Culture
and AIA Gold Medal-winning architect Julia Morgan, and The Cheech Marin Center for Chicano Art & Culture (The Cheech).

Selected from thirty finalists, the 2023 National Medal for Museum and Library Service winners represent institutions that provide dynamic programming and services throughout their community outreach and bring about change communities thrive.

Hamel Contracting proudly undertook the ambitious task of overseeing a $11 million renovation project at the main City of Riverside library. Amidst the challenges posed by supply chain restraints and the unprecedented impact of COVID, we successfully transformed the library's 61,000 square feet into a space that represents the epitome of architectural excellence and modern functionality. Hamel created a space which was nominated for the National Medal for Museum and Library Service.

2019 Company Overview
20 weathering steel. The panels have an irregular topography derived from an abstracted musical phrase by composer Richard James. The rusted skin also alludes to the surrounding landscape of folded rock.

IDYLLWILD, CA SAN BERNARDINO, CA
$4,300,000 $1,585,800
20 MONTHS 6 MONTHS
20 MONTHS 6 MONTHS

As a leader of DAHLIN’s municipal team, Stephanie has an extensive portfolio of municipal work. She is responsible for client and consultant coordination. Her hands on knowledge in all project phases from planning to schematic design, construction documents to construction, and interior design contributes to her proven track record of helping municipalities achieve their project goals.

In addition to her public work, Stephanie Fujimura has experience in the private sector, including commercial, retail and office projects, both domestically and internationally. Stephanie adds value to projects by seeking methods to reduce waste and enhance building performance.

By developing efficient, cost-effective and sustainable solutions through using the latest technological platforms, she ensures the best building tailored to fit the clients’ needs. Her experience harnessing BIM and REVIT ensures architectural design is translated into the final product and better outcomes through collaboration with consultants from project inception to opening day.

EDUCATION

MASTERS, ARCHITECTURE
UNIVERSITY OF OREGON, EUGENE - 2008

REGISTRATIONS
LICENSED ARCHITECT IN CA - 2017
LEED ACCREDITED PROFESSIONAL - 2011

PROFESSIONAL HISTORY
DAHLIN (CURRENT + ONLY FIRM): 14 YEARS
HOME OFFICE:

DAHLIN PLEASANTON: 14 YEARS
CURRENT COMMITMENTS:

SAN LORENZO COMMUNITY CENTER: 20%

TIME, DD PHASE
CVSAN WASTEWATER OFFICE BUILDING +
CORP YARD: 10% TIME, DD PHASE
WASHINGTON COMMUNITY SWIM CENTER:
10% TIME, CA PHASE - EST COMPLETION FEB
2021

STEPHANIE FUJIMURA LEED AP
Principal / Senior Architect

PROJECT MANAGER

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 143 of 3061 DAHLIN GROUP ARCHITECTURE | PLANNING
Architecture is the integration of technology, structure, art and sculpture. With over 30 years of professional experience, Gregor Markel has perfected his craft working with clients and contractors to help shape places we live, work, shop, recreate, care, protect and worship. His diverse background of architectural experience allows him to lead project teams undertaking a wide variety of types and styles of architectural projects. “Our project approach is to craft a unique solution for each client, one that should be functional, creative, environmentally sound, and will meet the client’s timeline and budget expectations.”
Senior Principal

GREGOR MARKEL AIA, LEED AP
ROLE
PRINCIPAL-IN-CHARGE: OVERSIGHT OF PROJECT VISION, DESIGN, DEVELOPMENT, PROJECT MANAGEMENT AND ADMINISTRATION. PRESENTATION AND MEETING ATTENDANCE HOME OFFICE:

DAHLIN PLEASANTON: 21 YEARS

PROFESSIONAL HISTORY
DAHLIN (CURRENT): 21 YEARS
REEL GROBMAN & ASSOCIATES: 2 YEARS
SUGIMURA & ASSOCIATES: 4 YEARS
HERELD & AYRES ARCHITECT: 3 YEARS

SKYWEST GOLF CLUB

HAYWARD, CALIFORNIA / USA

HAYWARD AREA RECREATION DISTRICT
Building: 4,808 sqft
Role/Services: Project Architect -
Conceptual Design through Construction
Administration
Firm: DAHLIN
Completion: 2005
Client Contact: James Wheeler, General
Manager, [email protected], (510)
881-6710
Design an expanded facility, including
pro shop, administration offices,
bar and grill with seating for 60,
restrooms, and outdoor patios with
service window access to the kitchen.

LONE TREE GOLF AND

EVENTS CENTER

ANTIOCH, CALIFORNIA / USA

CITY OF ANTIOCH
Building: 20,400 sqft
Role/Services: Project Architect -
Conceptual Design through Construction
Administration
Firm: DAHLIN
Completion: 2002
Client Contact: Ron Parish, Director of
Golf, [email protected],
(925) 706-4220
Replaced existing facility with a
larger, more dynamic clubhouse
on a constricted site while
maintaining a portion of the
existing club for operations.

CREEKSIDE CLUBHOUSE

WALNUT CREEK, CALIFORNIA / USA

GOLDEN RAIN FOUNDATION
Building: 13,000 sqft center,
12,312 sqft equipment barn,
6,904 sqft studio/cart barn
Role/Services: JPrincipal-in-Charge -
Conceptual Design through Construction
Administration
Firm: DAHLIN
Completion: 2014
Client Contact: Jeffrey Matheson,
Director of Facilities, JMatheson@
rossmoor.com, 925-988-7628
Features a 400-seat multipurpose room
with a stage, golf pro shop, bar and
café, meeting rooms, and staff offices.

EDUCATION
BS + BACHELOR ARCHITECTURE,
WASHINGTON STATE UNIVERSITY - 1989

REGISTRATIONS
LICENSED ARCHITECT IN CALIFORNIA - 1993
LEED ACCREDITED PROFESSIONAL - 2005

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 144 of 3061 Mario Aiello is truly a master architect and artisan of contemporary design, and leads design for all of the firm’s municipal and institutional, commercial, retail and office work. He defines the character of a place, a building, a landscape, through the composition of exquisite detailing—translated from a piece of jewelry into a motif for a canopy, the color of a Parisian vase into an accent wall, or nature embodied within the structural design of a building. Mario is the recipient of multiple prestigious design awards; has served as a judge for several design awards programs; and is a published designer in magazines such as Diablo Magazine, Builder Magazine and Custom Homes.

EDUCATION

BS, ARCHITECTURE, CALIFORNIA POLYTECHNIC
STATE UNIVERSITY, SAN LUIS OBISPO - 1977

REGISTRATIONS
LICENSED ARCHITECT IN CALIFORNIA - 1984

MARIO AIELLO
Senior Principal

SKYWEST GOLF CLUB

HAYWARD, CALIFORNIA / USA

HAYWARD AREA RECREATION DISTRICT
Building: 4,808 sqft
Role/Services: Lead Designer -
Conceptual Design through Design
Development
Firm: DAHLIN
Completion: 2005
Client Contact: ames Wheeler, General
Manager, [email protected], (510)
881-6710
Design an expanded facility, including
pro shop, administration offices,
bar and grill with seating for 60,
restrooms, and outdoor patios with
service window access to the kitchen.

LONE TREE GOLF AND

EVENTS CENTER

ANTIOCH, CALIFORNIA / USA

CITY OF ANTIOCH
Building: 20,400 sqft
Role/Services: Lead Designer -
Conceptual Design through Design
Development
Firm: DAHLIN
Completion: 2002
Client Contact: Ron Parish, Director of
Golf, [email protected],
(925) 706-4220
Replaced existing facility with a
larger, more dynamic clubhouse
on a constricted site while
maintaining a portion of the
existing club for operations.

ROLE
LEAD DESIGNER: LEAD IN PROJECT DESIGN VISION AND DEVELOPMENT. PRESENTATION AND

MEETING ATTENDANCE
HOME OFFICE:

DAHLIN PLEASANTON: 25 YEARS

PROFESSIONAL HISTORY
DAHLIN (CURRENT): 25 YEARS
PRIVATE CONSULTAING: 5 YEARS
DELCON DEVELOPMENT: 5 YEARS
MULLEN MORRIS ALEXANDER, ARCHITECTS: 1 YEAR
DELCON DEVELOPMENT: 7 YEARS

CASTLEWOOD CC

PLEASANTON, CALIFORNIA / USA

CCC BOARD OF DIRECTORS
Building: 3,500 sqft outdoor dining,
3,000 sqft indoor dining, 1,500 sqft
bar/lounge, 4,100 sqft kitchen
Role/Services: Senior Designer for all
club facilities - Conceptual Design and
DD
Firm: DAHLIN
Completion: Estimated Winter 2021
Client Contact: John Vest, General
Manager, [email protected],
925-846-2871
Renovation includes kitchen upgrades,
interior and exterior dining, bocce
courts, and cosmetic enhancements.

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 145 of 3061 DAHLIN GROUP ARCHITECTURE | PLANNING
Use / Type: Golf Clubhouses
Building: 13,000 sqft center,
12,312 sqft equipment barn,
6,904 sqft studio/cart barn
Services: Programming, Design,
Construction Administration
Completion: 2014
Client Contact: Jeffrey Matheson,
Director of Facilities, JMatheson@
rossmoor.com, 925-988-7628
As part of the Rossmoor active senior
adult community, outdated structures
were replaced with five new facilities,
expanded parking, and enhanced site
amenities. The greatest challenge was
integrating the new facilities to preserve
as many of the site’s mature heritage
trees. The new craftsman-styled
clubhouse features a 400-seat banquet/
multipurpose room with a stage for
theatrical events, golf pro shop, bar
and café with indoor and outdoor patio
seating, meeting rooms, and staff
offices. The complex also supports
interior golf cart and equipment barns
with security and maintenance offices.

CREEKSIDE CLUBHOUSE

WALNUT CREEK, CALIFORNIA / USA

GOLDEN RAIN FOUNDATION

CREEKSIDE GRILL RESTAURANT & BAR

BANQUET HALL WITH THEATER STAGE

FIVE MEETING ROOMS

GOLF PRO SHOP

STAFF OFFICES FOR ROSSMOOR NEWS

PATIOS AND OUTDOOR DECKS

EQUIPMENT AND STUDIO/CART BARNS

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 146 of 3061 DAHLIN GROUP ARCHITECTURE | PLANNING
Use / Type: Golf Clubhouse
Building: 20,271 sqft
Services: Programming, Design,
Construction Administration
Completion: 2013
Client Contact: Ron Haas, General
Manager/COO, [email protected],
925-631-1901
Moraga Country Club’s existing
30-year-old building was demolished
to accommodate a new recreation
facility for the community on the same
site. Providing a lounge, dining room
and locker rooms for the very active
swim, tennis and golf programs, the
new facility also takes advantage of
beautiful views with vast expanses of
glass that open up the interiors to the
site’s grand vistas. Decks are provided
on each side of the banquet hall to
maintain an uninterrupted view of the
golf course and hillsides, while still
allowing for separate outdoor functions.

MORAGA COUNTRY CLUB

MORAGA, CALIFORNIA / USA

MORAGA COUNTRY CLUB HOA

LOUNGE AND BAR

DINING HALL

GOLF PRO SHOP AND LOCKERS

SWIMMING POOL

GOLF COURSE

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 147 of 3061 QUALIFICATIONS FOR DESIGN SERVICES FOR DRYDEN CLUBHOUSE FIRE DAMAGE RENOVATION PROJECT (PPD20-10) DAHLIN GROUP ARCHITECTURE | PLANNING9 Use / Type: Country Club
Building: 48,568 sqft
Services: Programming, Design,
Construction Administration
Completion: April 2018
Client Contact: Greg Gonsalves,
General Manager/COO, g.gonsalves@
roundhillcc.org, 925-934-8211, x303
The Round Hill Country Club remodel
is an interior renovation and exterior
expansion of the existing country club.

The renovation includes updates to the
primary areas of the club including the
dining rooms, bars / lounges, private
dining rooms, banquet rooms, locker
rooms, pro shop, administration, fitness
and restroom areas. Exterior addition
includes an expansion of the pro shop
and men’s lounge and locker room
areas, reconstruction of an existing
trellis feature, and installation of a new
exterior dining pavilion. The project
was completed in multiple phases.

Round Hill
Country Club

ALAMO, CALIFORNIA, USA

ROUND HILL COUNTRY CLUB

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 148 of 3061

CASTLEWOOD

COUNTRY CLUB

PLEASANTON, CALIFORNIA / USA

CASTLEWOOD COUNTRY CLUB BOARD

OF DIRECTORS
Use / Type: Golf Clubhouses
Building: 3,500 sqft outdoor dining,
3,000 sqft indoor dining, 1,500 sqft
bar/lounge, 4,100 sqft kitchen
Services: Programming, Design,
Construction Administration
Completion: Estimated Winter 2021
Client Contact: John Vest, General
Manager, [email protected],
925-846-2871
The multi-phased renovation for the
Castlewood Country Club includes
kitchen upgrades, interior and exterior
dining, bocce courts, and cosmetic
enhancements. The proposed design
embodies the club’s rich history
in a current, more contemporary
context and style, creating a
cohesive set of interior and exterior
spaces that exude a comfortable
elegance for its membership.

ADDITIONAL PROJECTS
DAHLIN has also worked on a number
of other Castlewood Country Club
project over the years, including:
2003 – Clubhouse Master
Plan and Renovation
2005 – Ladies Locker Room Remodel
2010 – Kitchen Scullery Remodel
2013 – Site Updates and
Bocce Court Expansion
2014 – Hacienda Dining
Room / Bar Remodel
2015 – Kitchen Plumbing and
Grease Interceptor Upgrades
2017 – Current Clubhouse Remodel
/ Pool House Replacement Plans

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 149 of 3061

PROJECT NAME CLIENT NAME PROJECT LOCATION

LONE TREE GOLF AND EVENT CENTER CITY OF ANTIOCH ANTIOCH, CALIFORNIA

SKYWEST CLUBHOUSE HAYWARD AREA RECREATION DEPARTMENT HAYWARD, CALIFORNIA

SILVER CREEK VALLEY COUNTRY CLUB SHEA HOMES SAN JOSE, CALIFORNIA

CORONADO GOLF CLUBHOUSE CITY OF CORONADO CORONADO, CALIFORNIA

BALBOA PARK GOLF CLUB CITY OF SAN DIEGO SAN DIEGO, CALIFORNIA

TORREY PINES GOLF CLUB CITY OF SAN DIEGO SAN DIEGO, CALIFORNIA FRANKLIN CANYON GOLF CLUB CLEMENTINA CLEMCO HOLDINGS, INC. HERCULES, CALIFORNIA

POPLAR CREEK GOLF CLUBHOUSE CITY OF SAN MATEO SAN MATEO, CALIFORNA

HARDING PARK GOLF CLUBHOUSE KEMPERSPORTS MANAGEMENT SAN FRANCISCO, CALIFORNIA

TALEGA GOLF CLUB TALEGA ASSOCIATES SAN CLEMENTE, CALIFORNIA OAKHURST COUNTRY CLUB PRESLEY OF NORTHERN CA. CLAYTON, CALIFORNIA

GENOA LAKES CLUBHOUSE MONTEREY DEVELOPMENT GROUP GENOA, NEVADA

HIGHLAND FALLS CLUB DELL WEBB CORPORATION LAS VEGAS, NEVADA

BROOKSIDE COUNTRY CLUB GRUPE DEVELOPMENT COMPANY STOCKTON, CALIFORNIA

DISCOVERY BAY COUNTRY CLUB THE HOFFMAN COMPANY BYRON, CALIFORNIA

THE FALLS CLUB BLACKHAWK CORPORATION BLACKHAWK, CALIFORNIA

LAKESIDE COUNTRY CLUB BLACKHAWK CORPORATION BLACKHAWK, CALIFORNIA SILVER ROCK RANCH RESORT LA QUINTA REDEV. AGENCY LA QUINTA, CALIFORNIA

SUN CITY ANTHEM REC CENTER DEL WEBB CORPORATION LAS VEGAS, NEVADA

SUN CITY GRAND DELL WEBB CORPORATION SURPRISE, ARIZONA

BAY CLUB CENTEX MENIFEE, CALIFORNIA

THE VALLEY CLUB MORROW DEVELOPMENT CARLSBAD, CALIFORNIA

BRESSI RANCH RECREATION CENTER LENNAR COMMUNITIES CARLSBAD, CALIFORNIA

ESCALA RECREATION CENTER SHEA HOMES SAN DIEGO, CALIFORNIA

SAN MIGUEL RANCH RECREATION CENTER TRIMARK PACIFIC HOMES CHULA VISTA, CALIFORNIA, PINE ROCK GOLF CLUBHOUSE GUOHUA R.E. DEVELOPMENT BEIDAIHE, HEBEI, CHINA

DONGGUAN CLUBHOUSE POLY DONGGUAN INVESTMENT DONGGUAN, GUANGDONG, CHINA

LAFITTE MANOR GOLF CLUB POLY INVESTMENTS CHENGDU, SICHUAN, CHINA

LINGSHUI BLUE BAY GOLF CLUB GREENTOWN LINGSHUI COUNTY, HAINAN, CHINA

LA CADIERE CLUBHOUSE LA CADIERE GROUP CHENGDU, SICHUAN, CHINA LAGOON MANOR CLUB BEIJING ZHONGHAI R.E. BEIJING, CHINA

SEVEN GODDESS GOLF CLUBHOUSE PARAGON BAOTING COUNTY, HAINAN, CHINA

ADDITIONAL CLUBHOUSE AND RELATED EXPERIENCE

PRODUCTION CAPABILITIES
Percentage of total fees in last seven years, firm-wide, received from similar projects: 15% Location providing services: 5865 Owens Drive, Pleasanton, California 94588; 100% of services delivered from this location About Pleasanton Office: Over 100 of DAHLIN’s 150+ staff are located in our Pleasanton office. DAHLIN has the available manpower and flexibility to staff this project and keep it on schedule. We do not rotate staff—the team that creates the design also closes out construction. This consistency of knowledge is crucial to an iterative process and a successful project, and results in an excellent working relationship with city staff. The small firm attention our project teams provide to clients is supported by the advantages that a large firm offers: additional flexible staff available to help meet any deadlines, and the full support of an accounting staff, graphic designers, IT support, marketing, administration, and digital imaging.

Subconsultants: Siegfried Engineering - Structual, Landscape and Civil; Nexus Engineering - Mechanical, Electrical, and Plumbing; BSK - Geotech; OMEGA - Hazmat; Mack5 - Cost Estimating, and Cini Little - Kitchen Consultant

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 150 of 3061

PROJECT BUDGET
*Please reference execuve summary for further clarificaon of budget and opportunies

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 151 of 3061

10.2.23 Requested Projected Opportunity for $
savings - 4500 SF
4,500 5,200 4500
DESCRIPTION $/SF COST - 4500 SF COST - 5200 SF REDUCED COST - 4500 SF

COST OF CONSTRUCTION
General Conditions / Construction Requirements 51.15$ 276,216$ 319,183$ 276,216$ Temporary Storm Water Pollution Control 2.44$ 10,983$ 12,691$ 9,884$ Final Cleaning 2.07$ 9,295$ 10,741$ 8,366$
Site Surveys 2.44$ 10,983$ 12,691$ 9,884$
Site & Building Demo & Abatement 40.54$ 182,430$ 210,808$ 164,187$ Structural Concrete & Reinforcement 105.76$ 475,919$ 549,951$ 428,327$ Structural Steel, Decking & Misc Metals 97.62$ 439,310$ 507,647$ 395,379$ Rough Carpentry 113.90$ 512,528$ 592,255$ 461,276$
Cabinets & Finish Carpentry 12.85$ 57,842$ 66,840$ 52,058$ Blanket Insulation 7.32$ 32,926$ 38,048$ 29,634$
Thermo Plastic Roofing 37.06$ 166,774$ 192,716$ 150,096$ Sheet Metal Flashing & Trim Roof Acc 16.27$ 73,218$ 84,608$ 65,897$ Hollow Metal Doors and Frames 12.20$ 54,914$ 63,456$ 49,422$ Aluminum-Framed Entrances and Storefronts 105.76$ 475,919$ 549,951$ 428,327$ Plaster Assemblies & Gypsum Board Assemblies 53.46$ 240,585$ 278,009$ 216,526$ Ceramic Tiling 15.70$ 70,656$ 81,647$ 63,590$
Acoustical Panel Ceilings 33.84$ 152,294$ 175,984$ 137,065$ Carpet (Carpet Tile) 17.78$ 80,013$ 92,459$ 72,012$
Painting 16.03$ 72,157$ 83,381$ 64,941$
FRP 2.51$ 11,276$ 13,030$ 10,148$
Toilet Compartments & Accessories 5.24$ 23,593$ 27,263$ 21,234$ Dimensional Letter Signage 5.69$ 25,626$ 29,613$ 23,064$ Food Service Equipment 16.27$ 73,218$ 84,608$ 65,897$
Emergency Key Cabinets 0.49$ 2,197$ 2,538$ 1,977$
Audio Visual 1.63$ 7,322$ 8,461$ 6,590$
Window Blinds 6.90$ 31,058$ 35,890$ 27,953$
Wet-Pipe Sprinkler Systems 26.03$ 117,149$ 135,373$ 105,434$ Plumbing 32.54$ 146,437$ 169,216$ 131,793$
Heating, Ventilating, and Air Conditioning (HVAC) 3.25$ 14,644$ 16,922$ 13,179$ Electrical 122.03$ 549,138$ 634,559$ 494,224$
Data Communications 12.54$ 56,413$ 65,189$ 50,772$
Earth Moving 42.81$ 192,637$ 222,603$ 173,374$
Asphalt Paving 7.97$ 35,877$ 41,458$ 32,289$
Playground Surfacing 3.24$ 14,600$ 16,872$ 13,140$
Site Bicycle Racks 0.24$ 1,098$ 1,269$ 988$
Earth Moving 42.81$ 192,637$ 222,603$ 173,374$
Asphalt Paving 7.97$ 35,877$ 41,458$ 32,289$
Concrete Paving 24.41$ 109,828$ 126,912$ 98,845$
SUBTOTAL - CONSTRUCTION COST 1,120$ 5,040,089$ 5,824,103$ 4,564,152$

DESIGN SERVICES
ARCHITECTURAL Included Included Included
CIVIL Included Included Included
LANDSCAPE Included Included Included
MEP Included Included Included
STRUCTURAL Included Included Included
SUBTOTAL - DESIGN COST 576,000$ 576,000$ 576,000$

MISCELLANEOUS PROJECT COSTS
Permits 151,203$ 174,723$ 136,925$
Design Contingency - 2% of Project Construction Cost 100,802$ 116,482$ 91,283$ Construction Contingency - 2% of Project Construction Cost 100,802$ 116,482$ 91,283$ FF&E 200,000$ 200,000$ 200,000$
SUBTOTAL - MISC 552,806$ 607,687$ 519,491$
SUBTOTALS 1,120.02$ 6,168,895$ 7,007,790$ 5,659,642$
OVERHEAD 3% 185,067$ 210,234$ 169,789$
PROFIT 3% 185,067$ 210,234$ 169,789$
SUBTOTAL - OHP 370,134$ 420,467$ 339,579$
Bond 5,552$ 6,107$ 4,997$
Insurance GL & Builders Risk 7,514$ 8,531$ 6,892$
6,552,220$ 7,443,036$ 6,011,223$ TOTAL BID PRICE
City of Indio - Golfcourse Club House
83040 Ave 42 Indio, CA
Project Square Footage

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 152 of 3061

CONCEPT PLAN AND TECHNICAL DESIGN

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 153 of 3061

EXAMPLE OF DESIGN-BUILD SCHEDULE

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 162 of 3061 ID Task Name Duration Start Finish
1 Haven Vineyards Overall Project Schedule 654 days Tue 11/9/21 Mon 6/3/24 2 Milestones 654 days Tue 11/9/21 Mon 6/3/24
3 Design Concept Kick-off 0 days Tue 11/9/21 Tue 11/9/21 4 Haven/Hamel Contract Executed 0 days Tue 1/4/22 Tue 1/4/22 5 Planning Submittal Submitted 0 days Thu 6/30/22 Thu 6/30/22 6 Entitlement County Approval 0 days Fri 6/30/23 Fri 6/30/23 7 Grading Permit Issued 0 days Mon 9/18/23 Mon 9/18/23
8 Construction Start 0 days Tue 9/19/23 Tue 9/19/23
9 Building Permit Issued 0 days Fri 10/13/23 Fri 10/13/23 10 Construction Complete 0 days Mon 6/3/24 Mon 6/3/24
11 Contract Admin 224 days Wed 12/1/21 Thu 10/13/22
22 Entitlement Phase 385 days Wed 1/12/22 Tue 7/18/23
23 HANS initial submittal - not in conservation zone 1 day Wed 1/12/22 Wed 1/12/22 24 Rancho Water Submittal 1 day Wed 1/12/22 Wed 1/12/22 25 Initial County Planning Project Meeting 9 days Tue 1/25/22 Tue 2/22/22 26 Entitlement Design 169 days Wed 3/2/22 Thu 10/27/22
27 Schematic Design Kickoff Meeting 1 day Wed 3/2/22 Wed 3/2/22 28 Civil Site survey & CAD Topo 3 wks Fri 3/4/22 Thu 3/24/22 29 Entry Road & Parking Lot Analysis 41 days Wed 3/23/22 Wed 5/18/22 30 Architectural Planning Dept Drawings & Development 2 mons Thu 5/5/22 Thu 6/30/22 31 Landscape entitlement development drawings 4 wks Thu 5/12/22 Thu 6/9/22 32 Civil entitlement drawings 4 wks Thu 5/19/22 Thu 6/16/22 33 Kitchen Design 10 wks Thu 8/4/22 Thu 10/13/22
34 Define waste/water management and requirements 10 days Fri 10/14/22 Thu 10/27/22 35 Entitlement Review - First Round - Requirements Defined 120 days Mon 4/11/22 Wed 9/28/22 36 Biology study 24 wks Mon 4/11/22 Wed 9/28/22
37 Paleontology study - Optional, depending on Cultural Study results 58 days Fri 6/10/22 Wed 8/31/22 38 Archeological study - Optional, depending on Cultural Study results 58 days Fri 6/10/22 Wed 8/31/22 39 Cultural Studies 46 days Fri 7/1/22 Tue 9/6/22
40 Environmental study /CEQA 14 days Mon 7/18/22 Thu 8/4/22 41 Traffic Study 14 days Mon 7/18/22 Thu 8/4/22
42 Air & Green House Gas Study 14 days Mon 7/18/22 Thu 8/4/22 43 Noise Study 14 days Mon 7/18/22 Thu 8/4/22
44 Geotech survey & reporting 4 wks Thu 5/19/22 Thu 6/16/22 45 Planning Submittal Package Submitted 0 days Thu 6/30/22 Thu 6/30/22 46 MEPF Basis of Design Development 15 days Fri 7/1/22 Fri 7/22/22 47 County Review Period of Planning Submittal - Incl. Civil/Site, WQMP, Floorplans/Elevations, HANS (Do not need MEP plans for Planning Submittal) 25 wks Fri 7/1/22 Fri 12/30/22
48 County Comments Received 2 days Tue 8/9/22 Thu 8/11/22 49 Architectural Revisions per County Planning Review - Updated for Entitlement 6 wks Fri 8/12/22 Fri 9/23/22 50 First Round Entitlement Review - Comments Published 1 day Mon 8/15/22 Mon 8/15/22 51 HANS Review & Approval Period (45 Days after Biology Study) 45 days Thu 9/29/22 Fri 12/2/22 Haven Vineya
Milestones
Entitlement County Approval
Grading Permit Issued
Construction Start
Building Permit Issued
Construction
Entitlement Phase
Entitlement Design
Architectural Planning Dept Drawings & Development
Landscape entitlement development drawings
Define waste/water management and requirements
Entitlement Review - First Round - Requirements Defined Paleontology study - Optional, depending on Cultural Study results Archeological study - Optional, depending on Cultural Study results County Review Period of Planning Submittal - Incl. Civil/Site, WQMP, Floorplans/Elevations, HANS (Do not need MEP plans for Plann Architectural Revisions per County Planning Review - Updated for Entitlement First Round Entitlement Review - Comments Published
HANS Review & Approval Period (45 Days after Biology Study)

J F M A M J J A S O N D J F M A M J
Half 1, 2023 Half 2, 2023 Half 1, 2024
Haven Vineyards
Overall Project Schedule
Mon 4/17/23
Haven Vineyards - OPS - April 2023 Update Page 1 of 2 EXAMPLE OF DESIGN-BUILD SCHEDULE WITH 9-MONTH

CONSTRUCTION DURATION

EXAMPLE

ID Task Name Duration Start Finish
52 MEP Entitlement Drawing Development 30 days Fri 10/21/22 Mon 12/5/22 53 Civil Updates per County Planning and Waste/Water Requirements 15 days Fri 10/28/22 Thu 11/17/22 54 Septic Design 10 wks Fri 11/18/22 Thu 2/2/23
55 HANS Corrections and Response 15 days Mon 12/5/22 Tue 12/27/22 56 HANS Submittal 2nd round 20 days Wed 12/28/22 Wed 1/25/23 57 Entitlement Second Round Submission & County Comments Issued 24 days Wed 1/4/23 Mon 2/6/23 58 HANS APPROVAL 3 days Thu 1/26/23 Mon 1/30/23
59 CEQUA Package Compilation 4 wks Tue 1/31/23 Mon 2/27/23 60 Entitlement Second Round Revisions - Civil & LPA updates 15 days Tue 2/7/23 Mon 2/27/23 61 CEQUA Document Submittal to County 1 day Wed 3/1/23 Wed 3/1/23 62 CEQUA Review Period 6 wks Thu 3/2/23 Wed 4/12/23
63 CEQUA Approval 5 days Thu 4/13/23 Wed 4/19/23
64 Septic Design Submission (Cannot submit until CEQUA approved) 2 days Thu 4/20/23 Fri 4/21/23 65 RWQCB/Septic Approval 3 mons Mon 4/24/23 Tue 7/18/23 66 County Hearing 1 day Thu 4/27/23 Thu 4/27/23
67 County Approval Period 45 days Fri 4/28/23 Fri 6/30/23 68 Construction Drawings Development & Permitting 395 days Fri 6/17/22 Wed 1/10/24 69 Rancho Water plans 3 mons Fri 6/17/22 Mon 9/12/22
70 MEP Drawing Development 2 mons Fri 10/14/22 Mon 12/12/22 71 Structural Drawing Development 1 mon Tue 12/13/22 Thu 1/12/23 72 80% CD Set Published - City Submittal 2.6 wks Fri 1/13/23 Tue 1/31/23 73 Client Clarifications & Revisions 3.8 wks Wed 2/1/23 Mon 2/27/23 74 GMP Budget Update 6 wks Wed 2/1/23 Tue 3/14/23
75 GMP Budget Review 1 day Wed 3/15/23 Wed 3/15/23
76 VE V2 Development 5 wks Thu 3/16/23 Wed 4/19/23
77 VE V2 Redesign Period - Civil, Arch, MEP, Structural 5 wks Mon 4/24/23 Fri 5/26/23 78 GMP V2 Rebid 6 wks Tue 5/30/23 Tue 7/11/23
79 GMP Budget V2 Review, Approval, Contract Update 5 days Wed 7/12/23 Tue 7/18/23 80 Submit for Grading Permit 1 day Wed 7/19/23 Wed 7/19/23 81 Submit Drawings for Building Permit 0 days Wed 7/19/23 Wed 7/19/23 82 Edison Electric plans (Cannot start until Building Permit Set has been submitted) 6 mons Thu 7/20/23 Wed 1/10/24 83 Building permit review, comments, revisions 3 mons Thu 7/20/23 Thu 10/12/23 84 Fire Protection Design 6 wks Thu 7/20/23 Wed 8/30/23 85 Grading Permit - Review and Approval 2 mons Thu 7/20/23 Thu 9/14/23 86 Fire Alarm Design 6 wks Thu 8/31/23 Thu 10/12/23
87 Grading Permit Received 2 days Fri 9/15/23 Mon 9/18/23 88 Building Permit received 1 day Fri 10/13/23 Fri 10/13/23 89 Fire Alarm & Fire Protection IFP Drawings Permit review 2 mons Mon 10/16/23 Tue 12/12/23 90 Construction 180 days Tue 9/19/23 Mon 6/3/24
91 Site demo, grading, building layout, UG utilities 3 mons Tue 9/19/23 Wed 12/13/23 92 Building 6 mons Thu 12/14/23 Mon 6/3/24
MEP Entitlement Drawing Development
Civil Updates per County Planning and Waste/Water Requirements Septic Design
HANS Corrections and Response
HANS Submittal 2nd round
Entitlement Second Round Submission & County Comments Issued

HANS APPROVAL
CEQUA Package Compilation
Entitlement Second Round Revisions - Civil & LPA updates CEQUA Document Submittal to County
CEQUA Review Period
CEQUA Approval
Septic Design Submission (Cannot submit until CEQUA approved) RWQCB/Septic Approval
County Hearing
County Approval Period
Construction Drawings Development & Permit
MEP Drawing Development
Structural Drawing Development
80% CD Set Published - City Submittal
Client Clarifications & Revisions
GMP Budget Update
GMP Budget Review
VE V2 Development
VE V2 Redesign Period - Civil, Arch, MEP, Structural
GMP V2 Rebid
GMP Budget V2 Review, Approval, Contract Update
Submit for Grading Permit
Submit Drawings for Building Permit
Edison Electric plans (Cannot start until Buildin
Building permit review, comments, revisions
Fire Protection Design
Grading Permit - Review and Approval
Fire Alarm Design
Grading Permit Received
Building Permit received
Fire Alarm & Fire Protection IFP Drawings Permit revie
Construction
Site demo, grading, building layout, UG utilities
Building

J F M A M J J A S O N D J F M A M J
Half 1, 2023 Half 2, 2023 Half 1, 2024
Haven Vineyards
Overall Project Schedule
Mon 4/17/23
Haven Vineyards - OPS - April 2023 Update Page 2 of 2 EXAMPLE OF DESIGN-BUILD SCHEDULE WITH 9-MONTH

CONSTRUCTION DURATION

EXAMPLE

SKILLED LABOR FORCE AVAILABLITY

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 165 of 3061 Labor Compliance/LCP Tracker
At Hamel Contracting we have an in-house compliance
team that ensures we comply with all statutory
requirements for the payment of prevailing wages,
including the monitoring and enforcement of your
subcontractor’s payment of prevailing wages. This includes the monitoring of State and Davis-Bacon reporting
requirements, as well as other governmental labor
regulations applicable to state and federally funded public works projects. It is our mission to streamline the certified payroll process for owners, general contractors, and
subcontractors by providing the complexity of Certified Payroll and Labor Compliance, we are able to manage the entire process for our clients, thus reducing the possibility of incorrect and/or incomplete documents. To further
ensure compliance, we have incorporated a line item into each lease-leaseback subcontractor schedule of values.

Subcontractors are allowed to bill toward this line item each month upon receipt of proper CPR’s and workforce
ratios.

Having certified payroll information managed through LCP Tracker has allowed us to better manage our skilled and trained workforce compliance program. The incorporation of SB693 relieved some significant pressure on the
participation rates for many trades, and as a result, Hamel has been able to comply with the required rates. These
challenges will become apparent as school districts release more work, encumbering a smaller workforce.

Hamel utilizes LCP Tracker, a cloud-based solution for
certified payroll and construction site compliance. We
require monthly proof of prevailing wages, certified
payroll, and union training contributions from all
subcontractors as a requirement of progress payment. We assign a project assistant to each project who utilizes LCP Tracker to monitor compliance. If a subcontractor does not meet all requirements, their payment is withheld, until such time that the deficiency is remedied.

Through pre-construction, construction, and project closeout phases, Hamel Contracting ensures successful compliance results.

Subcontractor Selection/Workforce Issues
Hamel maintains a master list of trade contractors that are prequalified through our rigorous screening process and after having demonstrated expert and timely completion of work on past projects. Our process is in addition to the code-mandated, advertised prequalification process. Hamel confirms that subcontractors are registered with DIR, meet license requirements, have relevant size and duration
project experience, and reference checks to confirm
abilities.

Hamels robust list of subcontractors give high priority to Hamel when we price or bid projects. The subcontractors appreciate the clarity of our bid and scope documents, that we expertly assemble to communicate the strategic plan
including schedule, scope, site logistics and phasing.

WUHSD directly benefits from Hamel’s clear
communication of project requirements to subcontractors with multiple close/tight bids.

Hamel’s approach to project bidding is transparent. We
review scope documents, schedule, logistics and phasing plans, subcontractor lists, and outreach efforts with
WUHSD prior to bidding to ensure understanding of bid
documents and strategic plan. Hamel collaborates with the team to identify potential ‘allowance’ items and appropriate contingency amounts, in conformance with the agreement.

Areas of Focus during Subcontractor Procurement:

Final review of documents (note remaining issues
for bidding)
Re-confirm/scope service and agency
requirements.

Finalize schedule, estimate, scopes, and front-end
docs.

Re-confirm off-site street improvements and
utility plans are submitted and approved.

Finalize trade comments and marketing efforts.

Finalize logistics with the district and achieve
approval to bid.

Confirm constructability items are addressed.

The pricing time period and addenda issuance dates will be discussed and agreed upon, targeting the appropriate Board of Education meeting date for eventual GPC approval.

The actual sealed trade contractor bids are received at a stipulated date and time and are immediately opening, read aloud, and recorded; the process is observed by any
interested team member.

Because of the clarity of our scoping documents, Hamel
trade contracts with the lowest responsive and responsible subcontractor without additive bid modifiers, often utilized by other LLB contractors.

Bids are opened and Hamel conducts post-bid interviews of subcontractors in the presence of the Owner and
Architect, providing complete access and transparency of the eventual GPC. Hamel views this philosophy as an
advantage to the district to obtain the most accurate pricing without duplication of scope and higher costs.

To achieve WUHSD’s goals of participation, we advertise, and target all known qualified material suppliers, services, and trade contractors in your area. Labor will begin to reach maximum capacity. Our plan is to continue to engage strong active subcontractors and gain commitments to bid

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 166 of 3061 and work on our projects. A brief outline of our Skilled and Trained Workforce Compliance Program is provided
below. A full-size sample monthly report is provided
immediately following this page:
• For new projects a skilled and trained workforce
compliance package, which includes an
instructional memo and a state regulation
compliance statement, is issued with every
subcontract agreement and a project tracking log
is created.
• Accounts payable refers to the log prior to issuing
subcontractor payments.
• As percentage requirements adjust each year,
new compliance packages are distributed to
contractors.
• The field administrator assigned to each project is
responsible for logging whether a subcontractor
has been on-site and if monthly compliance
reports are received.
• Compliance letters collected from contractors
currently working on-site are submitted to owners
thirty days arrears.
• Failure to submit skilled workforce compliance
documentation monthly will result in immediate
stop payment of contract funds owed to the entity
that is not in compliance with state regulation
requirements.
• Contractors are required to submit monthly
compliance reports to Hamel on or about the 10th
of each month certifying skilled workforce
compliance for any on-site work performed
during the previous month. Compliance letters
collected on the 10th of each month are forwarded
to the owner with month end billing.

Local Outreach/Hiring:

Hamel uses a system called BidMail to advertise the project to all subcontractors/trades we tend to invite to provide a proposal for the project. If there are addendums issued from the owner and/or architect, we download onto BidMail and send to our invited subcontractors to make sure our
subcontractors who are providing a proposal are aware of any changes to the plans and specifications of the project.

Hamel provides our master trade contractor list for
WUHSD review and confirmation of the quality of the
trade contractors we invite to ‘price’ your projects. Hamel has the ability and will comply with WUHSD’s process on current and future lease-leaseback projects.

Hamel may also bid on work. To ensure the best pricing
and fairness, our price is bid alongside other subcontractors and sealed bids are provided to the district and opened in public.

The changing bid climate has non-school builders entering the market. Hamel has redoubled phone banking efforts and outreach meetings to notify, assist, and help promote the projects to highly qualified prospective bidders. Members of Hamel’s project development team assist in this effort.

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The Lights at Indio Golf Course
Design-Build

REQUEST FOR PROPOSAL
October 2, 2023

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 168 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 2 Part 1: Cover Letter/Executive Summary

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 169 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 3

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RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 4 Part 2: Prequalification Questionnaire

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RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 5

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RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 6

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RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 7

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RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 8

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RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 9 Part 3: Experience and Qualifications

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RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 10

SUB-CONSULTANTS

LANDSCAPE STRUCTURAL MECHANICAL

ELECTRICAL

PLUMBING
CIVIL
SURVEY
Part 3: ORGANIZATION CHART

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 177 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 11 Item 1
Refer to Part 10: References.

Item 2
Refer to Part 1: Cover Letter/Executive Summary.

Items 3 & 4
As you’ll see in our project experience provided in this Proposal, Holt Architecture does not have extensive experience in Golf Course Clubhouse designs, however, our Principal in charge of the Project, Matt Acton, has extensive direct experience in Golf Course Operations having previously worked for 7+ years in the Golf Industry. Holding positions ranging from Golf Cart Attendant through Assistant Golf Professional, Matt understands the functions and operations of not only the Golf business but also the Food and Beverage operations which play an equally vital role in the success of the Golf Course has a whole for the business and enjoyment of the patrons. Teaming this life experience with our firm’s 40+ years of delivering effective design solutions to our clients, we are well positioned to provide the City a new Golf Clubhouse you and the City’s avid golf community a facility you’ll enjoy for years to come.

Item 5
Not applicable per Addendum #1, Item #6.

Item 6
Refer to Part 10: References.

Item 7
Refer our Roy’s Desert Resource Project in Part 10: Reference Review.

Item 8
Refer to page 32 for our sustainable strategies practices.

Item 9
Refer to page 28 for a description of our Approach.

Part 3: Experience and Qualifications

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RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 12 Part 3: Key Personnel Resumes

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RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 13 Doug Wall Construction
Contractor

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RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 14 Doug Wall Construction
Contractor

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RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 15 Doug Wall Construction
Contractor

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RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 16 Holt Architecture
Architect
Education
Bachelor of Science Degree,
Architecture, University of Michigan,
Ann Arbor
Matt has 14 years of industry experience and has been a part of the Holt Architecture team for 12 years and has quickly risen to become a Principal. Clients come to recognize his level of diligence and commitment to projects with past clients repeatedly commenting, “He made us feel like we were his only client.” Registration
Architect: CA #37028
NCARB: #103399
Matt serves as the primary contact. He will be Project Manager and Project Architect. He is directly involved in the design + development of the Project Documents from initial concept to final construction. He will provide day-to-day oversight of the Project Team, Project Schedule, and Budget.

Tom has 32 years of industry experience and has been part of Holt Architecture for 23 years and has ascended through the ranks to the role of Senior Principal.

Throughout his time with Holt, he has completed a variety of Public Sector Safety Projects, including the East County Emergency Operation Center, which is one of the most complex and shortest in duration, being completed in just over one year from the start of design.

Tom provides oversight and coordination between Staff, Consultants, Contractors and Clients.

Education
Bachelor of Science Degree,
Architectural Studies, University of
Illinois
Master of Architecture, Southern
California Institute of Architecture
Affiliations
• American Institute of Architects
• International Conference of Building
Officials
• California Baptist University - Construction
Management Advisory Board
Registration
Architect: CA #31626
NCARB: #160933
Matt Acton
Principal | Holt Architecture
Thomas Howell
Senior Principal | Holt Architecture
Indio has already identified Jorge as an example of what’s great about The City of Festivals. From the moment he joined the Youth Advisory Council ten years ago, the community has continued to appreciate his involvement with the City’s growth. He was even featured in the State of the City address short film—The City of Indio Legacy. With his experience as an Indio resident and his 4 years under Holt’s mentorship, Jorge brings a unique perspective as Project Designer for this project.

Jorge will serve as Project Designer and provide digital 3D models and renderings.

Jorge Andrade
Project Designer | Holt Architecture
Education
Bachelor of Arts Degree, Architecture,
University of California, Berkeley

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RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 17 VCA ENGINEERS, INC., an S-Corporation, owned and managed by Mr. Virgil C. Aoanan, is a client-focused, service-oriented civil and structural engineering firm located in the City of Alhambra and Irvine, California. With over 30 employees, (2 Principal Engineers, 17 Civil Engineers, 4 Structural Engineers, 4 CAD technicians and 5 administrative staff) VCA Engineers, Inc. engages in a wide variety of engineering designs and services involving private and public land development, facility engineering, transportation engineering, and topographical engineering.

VCA has both personal resources and design and construction experience that are relevant to the criteria as set forth in this RFP. The firm has successfully prepared Civil Engineering drawings, plans, specifications, cost estimates, calculations, studies, project definition books, and reports for various projects, involving, but not limited to: demolition, roadway design, ADA path-of-travel requirements, new and relocated utilities, grading, site developments, storm water management and drainage (LID, SUSMP and SWPPP), site sustainable design (LEEDS and CHPS), master planning, underground utilities, topographical/ALTA surveys, hydrology and hydraulics, flexible and rigid pavements, traffic signals, street signage and striping, sanitary sewers, potable and fire water, and irrigation water.

The firm’s Structural Engineering design expertise encompasses planning, analysis and design of structures (large and small), retaining walls, shallow & deep foundation design, cost estimates, industrial build design, miscellaneous landscape structure design, peer review/plan checking, structural observation and analysis/ structural repair of existing structures.

Mr. Aoanan has over forty years of hands-on experience in civil and structural engineering related to planning, design, management, and construction of airport, municipal, industrial, institutional, transportation, commercial, manufacturing, aerospace, and military facilities. He has prepared and executed engineering construction documents (plans, specifications, calculations, requisitions, contracts) in multiple capacities as project manager, project engineer, lead engineer, design engineer, and construction engineer in both the civil and structural disciplines.

Education
Bachelor of Science Degree, Civil
Engineering, University of Hawaii
Registration
Registered Civil Engineer, CA
#6079
Registered Structural Engineer, CA
#3903
CASQA Qualified SWPPP Develop
and Practitioner (QSD and QSP)
Envision Sustainability Professional
(EVN S.P.)
Virgil Aoanan
Principal | VCA Engineering, Inc.

VCA Engineering, Inc.

Civil Engineer
Relevant Experience
• City of Alhambra, New Alhambra Community Center
• City of Gardena, New Gardena Community Aquatic & Senior Center – Gardena, CA
• City of Hacienda Heights, New Hacienda Heights Community and Recreation Center – Hacienda Heights, CA
• City of Los Angeles, Slauson Connect Recreation Center Bridging Documents – Los Angeles, CA
• City of Los Angeles, New Budokan Recreation Center – Los Angeles, CA
• City of Los Angeles, Alpine Recreation Center On-site Improvements Expansion – Los Angeles, CA
• City of Los Angeles, Woodland Hills Recreation Center Site Improvements – Woodlands Hills, CA
• City of Los Angeles, Granada Hills Pool and Bathhouse Refurbishment – Granada Hills, CA

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RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 18 Community Works Design Group was established in 1985 and provides municipal planning services throughout the State of California. The firm focuses on Park, Recreation, Streetscape and Trails Planning projects. CWDG has a ready and available staff of nine highly professional individuals. We draw on four Licensed Landscape Architects, two LEED/ SITES Accredited Professionals, as well as an ISA Certified Arborist, Certified Irrigation Designer/ Certified Landscape Irrigation Auditor, and a Certified Access Specialist (CASp). Community Works Design Group does what its name implies - it assists communities with the design of projects that Work. Our focus is on municipal projects and has been since day one in 1985.

Scott Rice is President and Managing Principal of CWDG. He draws on previous work experience in graphic design and golf course maintenance to integrate high aesthetic quality in balance with functional, costeffective designs. His focus is in Public Works projects for various municipalities throughout the State, including Park Planning of various scales, median and parkway landscape, and LMD/ CFD planning, specializing in several areas including Skate Parks. He has served as the City Landscape Architect for the City of Highland continuously since 2005.

Education
Bachelor of Science Degree, Landscape
Architecture, Cal Poly Pomona
Registration
Licensed Landscape Architect, CA #5111,
NY #2645
Certified Access Specialist, CA #CASp-709
Scott Rice ASLA, LEED AP, CASP
Principal | Community Works Design Group (CWDG)
Community Works Design
Group (CWDG)
Landscape Architect
Appointments
Vice Chair, San Bernardino County Building and Safety Appeals Board and Member of Physically Disabled Access Appeals
Board
Daniel Burkhart is a Senior Project Manager and Technical Director for our firm. He is responsible for reviewing all technical aspects of construction drawings and specifications, and working in concert with our design director to ensure that all of our firm’s designs are constructible and can be maintained within our clients’ available resources. Prior to joining our firm, Dan served as a Senior Landscape Inspector for the City of Yorba Linda. He also has more than a decade of experience as an estimator and foreman for large-scale landscape contractors.

Education
Bachelor of Science Degree, Landscape
Architecture, Cal Poly Pomona
Daniel Burkhart
Senior Landscape Architect | CWDG
Registration
Licensed Landscape Architect, CA #6092
ISA Certified Arborist, WE-11637A

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RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 19 Wiseman + Rohy Structural Engineers has been involved with the design of civic and community projects for over 40 years. We embrace these projects, as they embody the type of work we enjoy and strive for – specialty buildings that offer a reward back to the community and user of the building.

These structures have certain core goals. They should all:
• Use available funds in the most efficient way possible • Be adaptable for many different uses
• Have the ability to change over time as needs evolve
• Be as low maintenance as possible
We believe in exemplary service to the team and the client through our years of experience, clear and frequent communication, and attention to detail. Through the principles of Lean Design, we are successful in identifying required information early, scheduling tasks in an order to accomplish goals without backtracking, and coordination with all other consultants to ensure these values are used not just within our firm but throughout the team. This approach dramatically reduces waste in design time and construction materials and results in a better coordinated, higher efficiency building with a fast-moving construction phase.

Steve is directly involved with overseeing the production of drawings from initial client contact through efficient layout and management of the project. He establishes and enforces Quality Control and Quality Assurance guidelines for the company and projects. He develops company-wide standards to maintain consistent and efficient engineering, and implements ‘Lean Thinking’ principles for multidisciplinary efficiency.

Education
Bachelor of Science Degree,
Architectural Engineering
(Structural), Cal Poly San Luis
Obispo
Steve Rohy
Principal in Charge | Wiseman + Rohy
Wiseman + Rohy
Structural Engineer
Registration
Registered Structural Engineer, CA #S-4341, ID #S-11706 Registered Civil Engineer, CO #39469, OR #75625, WA #42184 Professional Affiliations
• Structural Engineers Association of San Diego (SEAOSD) | SEAOSD Board of Directors (2009-2011)
• Structural Engineers Association of California (SEAOC) | Convention House Chair
• American Institute of Steel Construction (AISC)
• American Welding Society (AWS)
• Earthquake Engineering Research Institute (EERI)

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RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 20 P2S Inc.

Mechanical, Electrical, & Plumbing
Scott Newman has over eight years of experience in mechanical engineering and HVAC consulting. His experience includes new building and renovation projects at municipal facilities, university, college, and K-12 campuses, commercial office buildings and retail spaces, and athletic facilities. Services have ranged from sizing and selection of replacement mechanical equipment to new building design and energy studies.

Education
Bachelor of Science Degree,
Mechanical Engineering, University
of Southern California
Scott Newman
Mechanical Engineer | P2S Inc.

Lars Henderson has over nine years of experience creating electrical designs for the construction industry. Assignments have included municipal sites, educational institutions, commercial fit-outs, and mission critical facilities in the Los Angeles and New York City markets. Electrical service designs, landscape power renovations, and energy efficient lighting upgrades are areas Lars has accomplishments in. Beyond the compliances and routines of designing, it is the client’s end goal which Lars strives emphasis towards.

Education
Bachelor of Science Degree,
Electrical Engineering,
Pennsylvania State University
Lars Henderson
Lead Electrical Engineer | P2S Inc.

Registration
Electrical Engineer, California, E22361
Registration
Mechanical Engineer, California, M39167
Eric Gomez has over 17 years of plumbing design, fire protection and construction experience. His extensive knowledge spans design, drafting, specifications, plan check submittals, cost estimates, inspections and construction administration. Eric has significant expertise in municipal, educational, recreational and office facilities. He has designed a comprehensive range of plumbing and fire protection systems such as campus natural gas supply distribution as part of master planning for future expansions on various college and university campuses.

Education
AS, Computer Aided Drafting, ITT
Technical Institute
Eric Gomez
Plumbing Engineer | P2S Inc.

Certifications
Certified in Plumbing Design (CPD)
Plumbing Design, University of California, Los Angeles

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RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 21 Part 4: Commitment to Project Budget

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RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 22 Part 4: Commitment to Project Budget

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RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 23 Part 5: Concept Plan and Technical Design

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RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 24 Part 5: Site Plan

GOLF CLUBHOUSE
4,800 SF
PATIO

FUTURE GOLF

CART SHELTER

EXISTING PARKING LOT

PLANNED PARKING PER
ADDENDUM NO. 1
AVENUE 42
PRACTICE FACILITIES 1ST TEE

D LIMIT
AREA
RY
H
HOUSE
OLF
TER

STAGING AREA
0’ 8’ 16’ 32’ 64’ N
LEGEND

PROPOSED LIMIT

OF WORK

RELEVANT AREA

OF WORK

PRELIMINARY

ROOF LINE

TRUE NORTH

NEW CLUBHOUSE

FUTURE GOLF

CART SHELTER
N
Site Plan
Once macro spatial relationships have been established, we provide our clients multiple site concepts. In this stage, we look at how the program best suits the site to meet the client’s needs.

Starting in the first meeting, we work with clients to establish a detailed program, which includes spatial adjacencies and circulation patterns to maximize overall efficiencies. This exercise is used to establish relationships from the site level down to individual spaces. The relationships can transform as a project progresses, but this initial analysis drives design decisions throughout the remainder of the project.

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 191 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 25 Part 5: Floor Plan
Banquet Room: 1,462 SF
Restrooms: 333 SF
Kitchen: 513 SF
Post Office: 200 SF
Pro Shop: 660 SF
Snack Bar: 446 SF
Offices: 200 SF
Storage: 267 SF
Electrical & Fire: 108 SF
Janitor Closet: 62 SF
Floor Plan Square Footage
Overall Plan Area: 4,740 SF
Keeping consistent with our process, a similar
approach is used as we work through floor
plan concepts. We present multiple options
based on the Client’s established program and
site concept to maximize project efficiencies.

Then we begin to solidify a 2D plan that’s
acceptable to the needs of all stakeholders.

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 192 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 26 Elevations
East Elevation
West Elevation
Part 5:

South Elevation
North Elevation
Stucco
Precision Block Masonry
Stucco
Precision Block Masonry
Stucco
Precision Block Masonry
Stucco
Precision Block Masonry

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 193 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 27 Renderings
Southwest Perspective South Perspective
Summer Solstice, 9AM Summer Solstice, 9AM
Part 5:

Northwest Perspective
Summer Solstice, 4PM
Northeast Perspective
Summer Solstice, 4PM

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 194 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 28 Work Plan

SCHEMATIC DESIGN
■ Once a clear and concise program has been
established, we will present to the City initial
concepts and design ideas, and together validate
the direction of the project upon which to finalize
the design. Schematic Design documents are
developed in this stage, such as:
- Program Diagrams
- Alternate Plans Showing Primary and Support
Spaces
- Phasing Concepts
- Future Expansion Options
- Sketches and Study Models, as required
- Conceptual 2D Site and Floor Plans
- Evaluation and Ranking of Concepts
■ This step in the project development process will
help the City establish a clear design concept.

Our design team can then start to develop the
concept in 3 dimensions through a variety of tools
in the Design Development stage.

DESIGN DEVELOPMENT

CONSTRUCTION DOCUMENTS

BID/CONSTRUCTION ADMINISTRATION

SCOPE OF SERVICES SUMMARY
■ We integrate our Clients in the design process from
Day 1. Through a variety of digital media, Holt
creates the visual aids needed to help clients make
critical design decisions.
■ These visual aids are extremely important when
navigating the design’s approval process and
are integral to successful communication with the
various project Consultants.
■ Our use of BIM continues to facilitate the decision
making, detailing, production, and coordination of
the drawings so that the resulting documents are
clear, consistent, fully coordinated, and describe
the Project as accurately as possible.
■ Please see page 3 for more detail on our document
management and quality control.
■ When documents are ready to bid, the team will
assist the Owner in obtaining competitive Bids for
Construction.
■ During the construction process, the team will
provide the required construction observation
services to the client. This is to ensure the objectives of the Owner are met, which are expressed in the
Construction Documents.
■ After reviewing the Scope of Services and goals
described in the RFP, we are excited for the
opportunity to grow our ongoing relationship with
the City of Fontana and feel strongly that our
diverse team and project approach fits well with the
City’s service needs.

DESIGN DEVELOPMENT - MATERIAL SELECTION
Part 5:

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 195 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 29 Part 6: Delivery Schedule, Phasing and Timeline

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 196 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 30 Part 6: Delivery Schedule, Phasing and Timeline

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 197 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 31 Part 7: Sustainable Strategies and Life-Cycle Costing

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 198 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 32 Glare Daylighting Radiance: Solar Panels
Sustainable Strategies and Life-Cycle Costing
Baseline
Energy Analysis
Building Envelope
Option A Option B
Net Zero


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The Design Team uses study models and energy analyses to isolate areas where the design is least efficient.

We track design options and their energy impacts on the building performance. This helps us determine energy-saving strategies that lead to environmentally and fiscally responsible designs. A high performance design means cost savings throughout the lifespan of the project.

Sun Protection Daylighting System Building Envelope Large Overhangs Part 7:

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 199 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 33 Part 8: Skilled Labor Force Availability

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 200 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 34 Part 8: Skilled Labor Force Availability

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 201 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 35 Part 9: Safety Record

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 202 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 36 Part 9:

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 203 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 37 Part 9:

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 204 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 38 Part 9:

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 205 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 39 Part 9:

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 206 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 40 Part 9:

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 207 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 41 Part 9:

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 208 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 42 Part 10: Reference Review

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 209 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 43 Note: The County engaged Holt Architecture
to provide Bid and Construction Administration
Services for this Project, and this is the project
that led Sylvia Weck to recommend Holt
Architecture to Eric Weck for the remodel of your
Council Chamber.

Location: 50425 Carmen Avenue, Cabazon, CA
92230
Building Area: 25,280 SF (5 Buildings)
Site Area: 9.58 acres
Construction Delivery Method: Design-Bid-Build
Construction Duration: 18-Months
Completion: January 2013
Construction Cost: $13,067,938
Cabazon Civic Center
Dominick Lombardi
Supervising Project Manager
County of Riverside Facilities Management
3450 14th Street, 2nd Floor
Riverside CA 92501
Office (951) 955-6622
Mobile (951) 212-3520
[email protected]
References | Holt Architecture & Doug Wall Construction Location: 50208 Main Street, Cabazon, CA 92230
Building Area: 10,653 SF
Site Area: 1.70 acres
Construction Delivery Method: Design-Bid-Build
Construction Duration: 10-Months
Completion: May 2007
Construction Cost: $4,211,604
Cabazon Fleet Services
Location: 50390 Carmen Avenue, Cabazon, CA
92230
Building Area: 11,690 SF
Site Area: 2.37 acres
Construction Delivery Method: Design-Bid-Build
Construction Duration: 8-Months
Completion: January 2004
Construction Cost: $2,155,684
Cabazon Community
Center
Part 10:

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 210 of 3061 Design-Build Services
RFP: Indio | Clubhouse at The Lights at Indio Golf Course |October 2, 2023 | PAGE 44 Location: 6547 Yucca Avenue, Twentynine
Palms, CA 9227
Building Size: 25,028 SF
Site Area: 83,261 SF
Construction Delivery Method:

Construction Manager, Multi-Prime
Services Provided: Architectural, Structural,
Mechanical, Plumbing, Electrical.

Construction Duration: 32 months
Substantial Completion Date: 03/31/2023
Status: complete
Project Phoenix Community Center & Visitor Center
Frank Luckino
City Manager
City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
Office (760) 367-6799
Mobile (760) 401-0520
[email protected]
References | Holt Architecture
Location: 45900 Portola Avenue, Palm
Desert, CA 92260
Building Area: 11,363 SF
Site Area: 1.30 acres
Construction Delivery Method: Design-BidBuild
Construction Duration: 12-Months
Completion: November 2016
Construction Cost: $3,273,132
Hope Lutheran Fellowship Center
Mary Fay Pinnow
Building Committee
President
Hope Lutheran Church
45900 Portola Avenue
Palm Desert, CA 92260
Mobile (920) 420-1090
[email protected]
Anna Rodriguez
Supervising Project
Manager
County of Riverside
Facilities Management
44199 Monroe Street, Suite B
Indio, CA 92201
Office (760) 863-2537
[email protected]
Location: 19531 McLane Street, Palm
Springs, CA 92262
Building Area: 57,818 SF
Site Area: 106,900 SF
Construction Delivery Method: CM MultiPrime
Construction Cost: $20.2 Million
Construction Duration: 11 Months
Completion: September 2020
LEED Certified
Roy’s Desert Resource Center
Part 10:

GCX & Shepphird Associates Selection as the Design-Build Team for the ap... Page 211 of 3061 City of Indio
City Council
December 6, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Rogelio Huerta, Management Analyst
Subject: Sam's Fence Inc. Selection to Remove and Install a New Fence Around The Lights at Indio Golf Course totaling $214,500
RECOMMENDATION:

Approve the selection of Sam's Fence Inc. to remove and replace the fence at The Lights at Indio Golf Course and authorize the City Manager to execute the agreement for the project.

SUMMARY:

The City of Indio has initiated a substantial enhancement project at The Lights at Indio Golf Course, focusing on essential improvements, including the upgrade of existing fencing. There are several long stretches where the fencing is damaged and falling apart. Homeless individuals and critters, who have easy access through these gaps, are causing damage. The damage is unsightly for our golf patrons and expensive to repair. Invitations for proposals were extended to three prominent fencing companies: Sam's Fence Inc., All League Fencing, and Eagle Fence Company. After a thorough review process to establish a scope of work, quotes were received from two companies:

Sam's Fence Inc. presented a quote of $214,500, and All League Fencing submitted a quote totaling $198,445. Despite multiple outreach attempts, no other bids were received. Following careful consideration, City staff is recommending that the project be awarded Sam's Fence Inc. - this recommendation is rooted in the completeness of their quote, covering the essential scope of work, and incorporating prevailing wages—an essential element aligning with project requirements. If approved, City staff will initiate communications with Sam's Fence Inc. to formalize the collaboration, setting expectations for the timely commencement and completion of the fencing improvements at The Lights at Indio Golf Course.

BACKGROUND INFORMATION:

Sam's Fence, Inc., based in Thermal, CA, is a reputable fencing company recognized for its services in chain link, ornamental iron, wood, vinyl, and custom gate installations and repairs.

Specializing in cost-effective chain link fencing, the company provides solutions suitable for various property types, emphasizing durability and functionality. Their proficiency extends to ornamental iron fencing, adding an aesthetic element to properties. Furthermore, they offer wood and vinyl fencing options known for their durability and longevity, aligning with standards for sustainable solutions.

The company also provides expertise in custom gate design, temporary fencing for events or construction sites, and the installation and maintenance of access control systems. Sam's Fence, Inc. distinguishes itself by its responsiveness to emergency situations, ensuring prompt and effective repairs post-natural disasters. With an array of materials, including wood, chain link, vinyl, AGENDA ITEM #13.6
Sam's Fence Inc. Selection to Remove and Install a New Fence Around The ... Page 212 of 3061 aluminum, and decorative iron, the company offers flexibility to accommodate diverse budgetary and aesthetic preferences. In assessing potential fencing partners for municipal projects, Sam's Fence, Inc. stands out for its comprehensive services, adhering to industry standards and contributing to the durability and functionality of the projects.

Their focus on delivering essential fencing services aligns with the diverse needs of clients, and their proven expertise in various materials positions them as a reliable option for municipalities seeking quality craftsmanship and versatility.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$500,000 In current year budget: Yes
Current FY General
Fund Impact:
$214,500 Budget adjustment: No
Next FY Financial
Impact:
0 Strategic Objective: Community Infrastructure
Source of funds: Public Works Transportation CIP
Budget
Fund-Org-Object
Reference:

ALTERNATIVES:

Not approve the selection of Sam's Fence Inc. to remove and replace the fence at The Lights at Indio Golf Course.

ATTACHMENTS:

Attachment 1 - Sam's Fence, Inc. Proposal
Attachment 2 - All League Fence Co. Proposal
APPROVAL(S):

Jillian Martins, Assistant City Attorney Approved - 17 Nov 2023 Bryan H. Montgomery, City Manager Approved - 20 Nov 2023

Sam's Fence Inc. Selection to Remove and Install a New Fence Around The ... Page 213 of 3061

PLEASE SIGN AND RETURN WHITE COPY
Retain yellow copy to this contract for your invoice.

Your cancelled check is your receipt.

I hereby cancel this transaction.

Signed
Date
Respectfully submitted, By
You are authorized to furnish all materials and labor required to compete the work mentioned in the above proposal for which I agree to pay the amount mentioned in said proposal with the terms thereof Signed
Date
Amount of Sale $
Sales Tax $
TOTAL $
Down Payment $
Balance $
SAM’S FENCE, INC. proposes to furnish all materials, tools, and to perform all labor necessary to complete the following:

CUSTOMER DATE

CONTACT CELL PHONE

MAILING ADDRESS HOME PHONE

WORK PHONE

JOBSITE ADDRESS FAX

PROPOSAL AND CONTRACT
Phone (760) 345-2088
Phone (760) 397-0213
Fax (760) 397-0123

NOT RESPONSIBLE FOR UNDERGROUND UTILITY LINES
X
LIC. #875156
66-215 Harrison St.

Thermal, CA 92274
* You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the transaction. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or send a facsimile to Sam’s Fence Inc., no later than midnight.
* ALL MATERIALS REMAIN PROPERTY OF CONTRACTOR, WHO RETAINS THE RIGHT TO REMOVE THEM UNLESS PAID FOR! Contractor guarantees all workmanship to be of the highest standards by thoroughly skilled mechanics, also materials are to be of the highest quality by leading manufacturers. A charge of 25% of cash contract price will be made in case of cancellation of this order, by property owner or agent, of which he or she agrees to pay upon demand after refusing to allow the work to proceed within agreed terms. FENCES SET TO PROPERTY STAKES - NOT RESPONSIBLE FOR PROPERTY LINES. ALL WORK DONE BY LICENSED AND FULLY INSURED CONTRACTORS.

Terms of Payment shall be as follows:

A 1½% Monthly late charge will be applied to the balance if payment not received per terms of contract.

THIS PROPOSAL IS VOID IF NOT ACCEPTED WITHIN DAYS.

Sam's Fence Inc. Selection to Remove and Install a New Fence Around The ... Page 214 of 3061 To: Attn:

From: Page:

Project: Bid#:

Date: Specs:

Item Unit Qty Unit Price Amount
1 LF 2365 $25.00 $59,125.00
2 LF 3870 $36.00 $139,320.00
3 $0.00
4 $0.00
5 $0.00
6 $0.00
7 $0.00
12 $0.00
13 $0.00
14 $0.00
15 $0.00
16 $0.00
17 $0.00
18 $0.00
19 $0.00
20 $0.00
TOTAL $ 198,445.00
1831 Sonora Ave, San Bernardino CA 92404
Phone: 909.565.8687 Email: www.allleaguefencing.com
DIR#1000018901 Lic.# 986316
By (sign):

Signature:

Accpeted (print name):

Company:

By (sign):

Date: Date:

All League Fencing agrees to guarantee above fence to be free from defects in materials and workmanship for one year. All League Fencing, shall advise the customer as to local zoning regulations, if any additional permits are required there will be additional cost. All League Fencing will assist the customer, upon request, in determining where the fence is to be erected, but under no circumstance does All League Fencing assume any responsibility concerning property lines or in any way guarantee their accuracy. If property pins cannot be located it is recommended that the customers have the property surveyed and provide us with that report. All League Fencing will assume the responsibility for having underground public utilities located and marked. However, All League Fencing, assumes no responsibility for unmarked sprinkler lines, or any other unmarked buried lines or objects. The customer will assume all liability for any damaged caused by directing All League Fencing to dig in the immediate vicinity of known utilities. The final billing will be based on the actual footage of fencing built and the worked performed. Partial billing for materials delivered to the job site and worked completed may be sent at weekly intervals.

Adjustments for materials used on this job and adjustments for labor will be charged or credited the currently established rated and will identified and agreed upon in writing.

Additional charges for any extra work not covered in this contract that was requested by the customer will also be added and agreed upon in writing in an addendum to this contract.

The full amount of this contract along with any additional charges will become payable upon completion of all work. A finance charge of 1% per month (or a minimum of $1.00), which is an annual percentage rate of 18%, shall be applied to accounts that are not paid within 10 days after completion any worked invoiced. All materials will remain the property of All League Fencing, until all invoices pertaining to the job are paid in full. Right of access and removal is granted to All League Fencing in the event of non-payment under the terms of this contract. The customer agrees to pay all interest and any costs incurred in the collection of this debt.

Contractor are required by law to be licensed and regulate by the Contractors State Board. Any questions concerning a contractor may be referred to the register of the Board: Contractors' State Licence Board P.O Box 26000, Sacramento, CA 95826. 6' high chain link fencing with 1 3/8" top rail bottom tension wire 1 7/8" line post 2 3/8" corner post 11 1/2 gauge chain link
6' high black wrought iron fencing with top and bottom close pickets 1'' rials 1/2" pickets panels will be bolted on no welding in open field 2'' 14 gauge post
Proposal & Contract
Signature:

Accpeted (print
Company:

City of Indio
Description
Rogelio
Furnish And Install The Following
Steven Martinez
Indio Golf Course
10/30/23
2851

Sam's Fence Inc. Selection to Remove and Install a New Fence Around The ... Page 215 of 3061 City of Indio
City Council
December 6, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Mike Washburn, Chief of Police
Subject: Approval of a Five-Year Law Enforcement Services Agreement Between the City of Indio and Desert Sands Unified School District for the Provision of Police Services.

RECOMMENDATION:

Approve the Five-Year Law Enforcement Services Agreement Between the City of Indio and Desert Sands Unified School District for the Provision of Police Services SUMMARY:

The Indio Police Department's School Resource Officer ("SRO") program has improved public safety within Desert Sands Unified School District's ("DSUSD") school sites while proactively addressing minor offenses in conjunction with the Principals and other school administrators. The goal is to continue providing a safe environment for students and educators in Indio schools. The proposed agreement provides a five-year term with the DSUSD for up to four (4) SROs within the school sites listed in the agreement. Further, the agreement represents a 50% cost-sharing of the Field Services fully-burdened cost rate identified in the City's current fee schedule.

BACKGROUND INFORMATION:

The Indio Police Department and Desert Sands Unified School District ("DSUSD") both recognize the value of having a School Resource Officer ("SRO") at middle and high schools within the City of Indio. The Police Department's SRO Program is evidence-based and continues to operationalize national and state recommendations to ensure the safety of students, educators, and other school personnel. DSUSD personnel also work closely with Police Department personnel to better align their school safety policies with the work of our School Resource Officers.

In support of the inter-agency relationship with DSUSD, Staff recommends the continued 50% costsharing understanding that it enables flexibility within the Department and the District. The agreement defaults to the Field Services Officer (hourly rate of $185) category of the City's fee schedule, which currently represents an agreed-upon rate of $92.50, annualized at $192,400.00 per officer. The rate is inclusive of fringe benefits, vehicle usage, and any other related costs for personnel. In addition to modernizing the elements of the law enforcement services agreement to meet contractual standards, the proposed agreement creates a single agreement with DSUSD to encompass up to four (4) School Resource Officers in lieu of having multiple agreements to cover the same school sites. The single agreement provides the Chief of Police additional staffing flexibility to meet the needs of both agencies.

AGENDA ITEM #13.7
Approval of a Five-Year Law Enforcement Services Agreement Between the C... Page 216 of 3061 Staff is also recommending a start date of the proposed agreement of January 1, 2024, to better align the updated pricing with the quarterly billing practices. Additionally, the prior agreements with DSUSD for SRO services expired on July 30, 2023, and Staff worked with the City Attorney's Office and drafted a side letter with DSUSD to extend the expired agreement's terms to December 31, 2023.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$288,600 In current year budget: Yes
Current FY General
Fund Impact:
$288,600 Budget adjustment: No
Next FY Financial
Impact:
$769,600 Strategic Objective: Public Safety
Source of funds: N/A Fund-Org-Object
Reference:
101-406535
ATTACHMENTS:

Attachment 1: Agreement for Enforcement Services IPD and DSUSD APPROVAL(S):

Mike Washburn, Chief of Police Approved - 28 Nov 2023
Jillian Martins, Assistant City Attorney Approved - 28 Nov 2023 Alan Garcia, Accountant Approved - 30 Nov 2023
Bryan H. Montgomery, City Manager Approved - 30 Nov 2023

Approval of a Five-Year Law Enforcement Services Agreement Between the C... Page 217 of 3061 Agreement For the Provision of Police Services Between The City of Indio and Desert Sands Unified School District from January 2024 to December 2028 1 LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE CITY OF INDIO FOR INDIO POLICE DEPARTMENT’S PROVISION OF ENFORCEMENT SERVICES

TO THE DESERT SANDS UNIFIED SCHOOL DISTRICT
THIS LAW ENFORCEMENT SERVICES AGREEMENT (“Agreement”) is made and entered into by and between the CITY OF INDIO, hereinafter “City”, a general law City of the State of California, on behalf of its Police Department, hereinafter “IPD”, and the Desert Sands Unified School District, a California Public School District (the “School District” or “District”) to provide enforcement services at: Desert Ridge Academy, located at 79-767 Avenue 39; Thomas Jefferson Middle School, located at 83-089 Highway 111; John Glenn Middle School, located at 79-655 Miles Avenue; Indio Middle School, located at 81-195 Miles Avenue; Amistad High School, located at 83501 Dillon Ave; Indio High School located at 81-750 Avenue 46; Shadow Hills High School 39-225 Jefferson Street; all of which are located within the territorial boundaries of the City of Indio hereinafter (“Indio Schools” or the “Schools”), sometimes collectively referred to as the “parties” and individually as a “party”.

WHEREAS, the City and the Desert Sands Unified School District entered into Agreements for the provision of Police Services to Amistad High School; Indio High School; Jefferson Middle, Indio Middle, and John Glenn Middle Schools to Shadow; and Hills High School and Desert Ridge Academy for the 2020-2021 through 2022-2023 School Years dated June, 17, 2020; and WHEREAS, the City and the Desert Sands Unified School District entered into a Side Letter Extension Agreement to extend the terms and to operate under the terms of those agreements referenced above until December 31, 2023; and
WHEREAS, the City and the Desert Sands Unified School District have identified a need to provide additional law enforcement at the Schools; and
WHEREAS, IPD and the School District share common goals that include providing support for Indio Schools which are located within the IPD’s jurisdiction, to address safety issues and focus on the needs of the school, its students and the larger Indio community; and WHEREAS, the parties desire to work collaboratively in this community and share a common goal and policing approach which supports the parties’ decision to enter into this Agreement to provide between one (1) and four (4) law enforcement officers on-site at the Indio Schools.

NOW THEREFORE THE PARTIES MUTUALLY AGREE TO THE FOLLOWING:

1. TERM. The term of this Agreement begins January 1, 2024, and shall be effective through December 31, 2028, unless terminated sooner as provided in Section 8.

1.1 The parties may agree to extend this Agreement for two (2) additional one (1) year terms upon the mutual written agreement by both parties. If either party wishes to exercise this option, they must contact the other party at least sixty (60) days prior to the expiration of the current term.

2. SCOPE OF SERVICES.

Approval of a Five-Year Law Enforcement Services Agreement Between the C... Page 218 of 3061 Agreement For the Provision of Police Services Between The City of Indio and Desert Sands Unified School District from January 2024 to December 2028 2 2.1 IPD agrees to provide a minimum of one (1) and a maximum of four (4) sworn police officers to provide police protection and police related community outreach services to the School District at Indio Schools, the (“School Resources Officer(s)” or “SRO(s)”). The duties of the School Resources Officer shall include routine field patrol of location, traffic enforcement, drug and narcotic enforcement, crime prevention and interdiction, law enforcement education programs, student counseling, monitoring of students, monitoring of various locations as needed by the respective District Director of Security or School Principal, and other services as mutually agreed upon by the District Director of Security, and the School Principal. The School Resource Officer will enforce the law and will not be used to enforce school discipline. IPD agrees to comply with reasonable requests of the School District necessary to the performance of IPD’s duties under this Agreement.

2.2 During the term of the Agreement, the officer(s) assigned to the Indio Schools shall perform his or her duties under the direction of the Police Chief, in consultation with the District Director of Security. Control over the actions of the assigned officer shall remain with the City. In the event of a dispute between the parties to this Agreement as to the extent of the duties and functions to be rendered, or the minimum level or manner of performance of such services, the District shall be consulted and a mutual determination shall be made by the City and the District. The City, through the City Manager in consultation with the Police Chief, shall have the final and conclusive determination.

2.3 During the term of this Agreement, the SRO(s) assigned to the Schools shall perform his or her duties under the direction of the Police Chief, in consultation with the District Director of Security. In the event of a dispute between the parties as to the extent of the duties and functions to be rendered, or the minimum level or manner of performance of such services, IPD shall consult with the District, and a mutual determination shall be made by the City and the District. The City, through the City Manager in consultation with the Police Chief, shall make the final and conclusive determination regarding the standard or type of services to be provided by the City pursuant to this Agreement.

2.4 All persons employed to perform such services and functions pursuant to this agreement shall be City employees. The District shall not assume any liability for the direct payment of City's employee's salary, wages, or other compensation to any City employee performing such services for the District pursuant to this Agreement.

2.5 For the purposes of performing said functions, the City shall furnish all the necessary labor, supervision, equipment, communications facilities, and supplies necessary to maintain the agreed upon level of service. Notwithstanding the foregoing, the District may provide additional resources for the City to utilize in the performance of the services.

2.6 Information sharing between the School Resource Officer(s) assigned to the Indio Schools and the District, as it relates to confidential student records, will be treated as any other confidential record, on a need to know basis during the course of investigations involving students from those respective schools.

2.7 The School District agrees to provide access to the Schools to allow for IPD to perform the above-described services.

Approval of a Five-Year Law Enforcement Services Agreement Between the C... Page 219 of 3061 Agreement For the Provision of Police Services Between The City of Indio and Desert Sands Unified School District from January 2024 to December 2028 3 2.8 The School District shall continue to contract separately for the provision of specialized police services such as for football games or other events, at or on the District property within the City.

3. MODIFICATION OF SERVICES. No portion of the services or responsibilities of either party described in this Agreement may be eliminated, reduced, or appreciably changed without the mutual written consent of both parties.

4. COMPENSATION.

4.1 The City shall invoice the District on a quarterly basis during the five (5) fiscal years which comprise the term of this Agreement; and shall do so for any extension terms as well as. The amount invoiced shall depend upon the number of SROs that the Parties elect to utilize in the subject contract term. The City shall provide invoices to the District during the first month of each quarter. The District shall remit payment of such invoices within thirty (30) days of receipt. Payment shall be sent to the following address:

City of Indio Finance
Department P.O. Drawer
1788 Indio, CA 92202-1788

4.2 Under no circumstances shall the compensation provided by the City pursuant to this Agreement exceed $800,000.00 per annum. The not-to-exceed amount represents the hourly rate for IPD’s Services, for four (4) officers at the Indio Schools. The hourly rate is currently $92.50 per hour per Officer, which represents fifty percent (50%) of the fully burdened rate, per Police Field Services pursuant to the current Indio Fee Schedule; and shall include all items of cost and expense to the Indio Schools for providing services pursuant to this Agreement.

The rate represents 50% of the fully burdened rate per Police Field Services pursuant to current City of Indio Fee Schedules.

SRO Rate Hourly Annually
Field Services
User Rate $ 185.00 $ 384,800.00
Cost-sharing
50% $ 92.50 $ 192,400.00
Total Full-Time
Position $ 92.50 $ 192,400.00
Four (4) Officers $ 92.50 x 4
$192,400.00 x 4
769,600.000 +
$30.400 buffer
=
$800,000.00
per annum not
to exceed

Approval of a Five-Year Law Enforcement Services Agreement Between the C... Page 220 of 3061 Agreement For the Provision of Police Services Between The City of Indio and Desert Sands Unified School District from January 2024 to December 2028 4 4.3 This amount does not account for contract rate adjustments, which the City may elect to impose in its sole and absolute discretion, and which shall not exceed six (6%) percent annually. IPD will notify the School District sixty (60) days prior to the renewal date of each year if the Payment for services rendered will be adjusted for the following term.

4.4 Any modification of services/rate(s)/contract costs authorizes the affected Party to elect to continue to receive services; or to terminate the Agreement consistent with the provisions of Section 8 of this Agreement.

5. VACATION AND HOLIDAY TIME.

5.1 The School Resource Officer’s vacation time shall not conflict with the schedule of duties mutually developed by parties. Because City and District holidays may not correspond, holiday time will be taken in accordance with the District’s holidays during the term of this Agreement. The excess days shall be taken with reasonable notice to the School District, but shall not conflict with the schedule of duties mutually developed by the parties.

5.2 If the assigned School Resource Officer is out for more than five (5) consecutive school days, IPD will either (a) provide an alternate sworn police officer to fill the assignment; or (b) if IPD is unable to provide an officer, the City will not charge the District for such service days. This provision only applies to circumstances where services are not provided for five (5) or more consecutive days when school is in session.

6. ADMINISTRATION AND SUPERVISION. The Chief of Police for the City of Indio, or his designee, shall administer this Agreement and supervise the person or persons providing such services to the School District on behalf of IPD. The Superintendent (or designee) shall administer this Agreement on behalf of the School District.

7. CITY EMPLOYEE. IPD personnel shall remain employees of IPD on special assignment to the School District for the purposes set forth in this Agreement in order to perform services at Indio Schools, and shall not be considered an agent, employee, or deputy of the School District.

8. TERMINATION. Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In the event of termination, the School District shall pay for services actually rendered through the termination date only.

9. HOLD HARMLESS AND INDEMNIFICATION

9.1 The School District shall indemnify and hold harmless the City, its respective directors, officers, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any acts or omissions of IPD, its officers, employees, contractors, agents, elected or appointed officials, volunteers, or representatives arising out of or relating to this Agreement, including but

Approval of a Five-Year Law Enforcement Services Agreement Between the C... Page 221 of 3061 Agreement For the Provision of Police Services Between The City of Indio and Desert Sands Unified School District from January 2024 to December 2028 5 not limited to property damage, bodily injury, or death. The School District shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the City, its Agencies, Authorities and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by School District, the School District shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of IPD; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes the School District’s indemnification of the City. The School District’s obligations hereunder shall be satisfied when School District has provided the appropriate form of dismissal (or similar document) to the City relieving the City, and by extension, IPD from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe the School District’s obligations to indemnify and hold the City harmless.

9.2 The City shall indemnify and hold harmless the School District, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives from liability, claim, damage or action whatsoever, based upon any negligent or reckless act or omission of IPD, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. The City shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the School District, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by IPD, the City shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of the School District; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes IPD’s indemnification of the School District. The City’s obligations hereunder shall be satisfied when IPD has provided the appropriate form of dismissal (or similar document) to the School District relieving the School District from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe IPD’s obligations to indemnify and hold harmless the School District.

10. ASSIGNMENT. Neither this Agreement, nor any duties or obligations under this Agreement, may be assigned by either party without the other party’s prior written consent.

11. ENTIRE AGREEMENT. This Agreement supersedes any and all agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties with respect to the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral or otherwise, relative to this subject matter exists between the parties at the time of execution of this Agreement. Any modification of this Agreement shall be effective only if it is in writing and signed by both parties.

12. WAIVER. Any waiver by Party of any breach 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

Approval of a Five-Year Law Enforcement Services Agreement Between the C... Page 222 of 3061 Agreement For the Provision of Police Services Between The City of Indio and Desert Sands Unified School District from January 2024 to December 2028 6 same or of any other term thereof. Failure on the part of the Party to require exact, full, and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof, or estopping the Party from enforcement hereof.

13. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

14. ELECTRONIC/DIGITAL SIGNATURES. 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 of 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 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.

15. LAW & VENUE. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Riverside County Superior Court. Parties shall comply with all applicable federal, state, and local laws, ordinances, codes, and regulations.

16. NO WAIVER. A waiver of full performance by either Party shall be construed, or operate, as a waiver of any subsequent default or any of the terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance.

17. NONDISCRIMINATION. Neither Party shall discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, national origin, or any other basis upon which discrimination is prohibited by California or federal law in connection with or related to the performance of this Agreement.

18. REPRESENTATIONS AND WARRANTIES; COVENANTS. Each Party hereby represents, warrants and agrees that (a) it has the full right and authority to enter into and fully perform this Agreement in accordance with its terms, and that this Agreement constitutes a valid, binding and enforceable agreement of such Party; (b) it shall perform its activities under this Agreement in accordance with all applicable Federal, state and local laws and regulations,

Approval of a Five-Year Law Enforcement Services Agreement Between the C... Page 223 of 3061 Agreement For the Provision of Police Services Between The City of Indio and Desert Sands Unified School District from January 2024 to December 2028 7 and (c) the execution, delivery and performance of this Agreement will not violate the provisions of any other agreement to which it is a party or by which it is bound.

19. NOTICES. Any notice required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below:

IPD DISTRICT
DESIGNATED PERSON:

Chief Michael Washburn,
Indio Police Department,
46800 Jackson Street Indio, CA 92201
PHONE
[email protected]
Desert Sands Unified School District 47-950
Dune Palms Road La Quinta, California
92253 Attn.: Superintendent
COPY TO:

CITY CLERK’s OFFICE:

Sabdi Sanchez, City Clerk Administrator
100 Civic Center Mall
Indio CA 92201
[email protected]
AND
CITY ATTORNEY:

Steven Graham Pacifico
2855 East Guasti Road, Suite 402
Ontario, CA 91761
[email protected]
[SIGNATURES ON FOLLOWING PAGE]

Approval of a Five-Year Law Enforcement Services Agreement Between the C... Page 224 of 3061 Agreement For the Provision of Police Services Between The City of Indio and Desert Sands Unified School District from January 2024 to December 2028 8 IN WITNESS WHEREOF, the duly authorized representatives of the parties hereto have entered into this Agreement as of November 15, 2023.

City of Indio: Desert Sands School District:
______________________________ ________________________________ Bryan Montgomery, City Manager By:

Title:

Attest:
_____________________________
Sabdi Sanchez, City Clerk Administrator
Approved as to Form:
_______________________________
Steven Pacifico Graham, City Attorney

Approval of a Five-Year Law Enforcement Services Agreement Between the C... Page 225 of 3061 City of Indio
City Council
December 6, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Carl S. Morgan, Dir. Of Economic Development Subject: Approval of proposal with Southwest Plumbing and Fire Protection in the amount not to exceed $150,000 for the addition of fire safety sprinklers to a city-owned building located at 82707 which consists of three individual suites.

RECOMMENDATION:

Approval of a proposal with Southwest Plumbing and Fire Protection in the amount not to exceed $150,000 for the addition of fire safety sprinklers to a city-owned building located at 82707 which consists of three individual suites.

SUMMARY:

The city-owned building at 82707 Miles Ave. currently houses Little Street Music Hall and the Academy of Musical Performance (AMP). The building was originally intended for retail with a maximum occupancy of 49. The use has shifted to a place of gathering for a music hall. However, this change poses a challenge for Little Street Music Hall to host events exceeding 100 people due to occupancy restrictions. This proactive measure aims to ensure the safety of all occupants and facilitates the requirements for occupancy exceeding 49 people. To address this limitation, it is proposed to install a comprehensive fire safety suppression system throughout the entire building.

After engaging with various service providers, including Southwest Plumbing & Fire Protection, Shasta Fire Protection, Inc., and Desert Fire, staff recommends the approval of the proposal from Southwest Plumbing and Fire Protection. The proposed cost is $121,533.00, with an additional allowance of $28,467.00 for unforeseen contingency costs, bringing the not-to-exceed amount to $150,000. Little Street Music Hall has already hosted open mic nights, comedy shows, and musical performances and has partnered with AMP to host showcases for their students.

BACKGROUND INFORMATION:

Staff reached out to vendors to solicit proposals for the project. Desert Fire did not respond to multiple requests for proposals.

Shasta Fire Protection $ 128,500
Southwest Plumbing and Fire Protection $ 112,533
Desert Fire No response from the contractor
This project is an investment in a city-owned building to allow for an indoor place of gathering for the community to enjoy events such as concerts, comedy nights, private events, and other events.

Downtown Indio is in the middle of a renaissance with 18 new projects under construction or AGENDA ITEM #13.8
Approval of proposal with Southwest Plumbing and Fire Protection in the ... Page 226 of 3061 planned to start in the near future. Including Indio Taproom, Italica, Gabinos Creperie, Desert Beer, Co, True Awakening Studio, Indio Distilling Co, College of the Desert campus expansion and Child Development Center, and over 110 mixed-use apartment units. The proposed lease is consistent with the Downtown Specific Plan document and will stimulate new investment, create new jobs, and generate additional sales tax revenues for the community.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$150,000 In current year budget: Yes
Current FY General
Fund Impact:
$150,000 Budget adjustment: No
Next FY Financial
Impact:

Strategic Objective: Downtown & Hwy 111
Revitalization
Source of funds: General Fund Fund-Org-Object
Reference:
1011175-553005
ATTACHMENTS:

Attachment 1 - Southwest Plumbing & Fire Protection Proposal APPROVAL(S):

Carl S. Morgan, Dir. Of Economic Development Approved - 28 Nov 2023 Jillian Martins, Assistant City Attorney Approved - 29 Nov 2023 Alan Garcia, Accountant Approved - 30 Nov 2023
Bryan H. Montgomery, City Manager Approved - 30 Nov 2023

Approval of proposal with Southwest Plumbing and Fire Protection in the ... Page 227 of 3061 31-410 Reserve Drive, Suite 5
P. O. Box 2006
Thousand Palms, CA 92276
(760) 343-2345 Phone ~ (760) 343-4255 Fax
PROPOSAL #2022-291-R-2
DATE: NOVEMBER 15, 2023

TO: AVENIDA MUSIC
ATTN: JOSIAH GONZALEZ
PHONE: (760)777-2305
EMAIL: [email protected]
PLEASE BE ADVISED THAT SOUTHWEST FIRE PROS SUBMITS THE FOLLOWING PROPOSAL AS SET FORTH BELOW.

WE INCLUDE LABOR AND MATERIALS TO INSTALL FIRE SPRINKLER SYSTEM.

WE EXCLUDE

SPECIAL PERMITS, METERS, FEES OR ASSESSMENTS

ELECTRICAL ALARM SYSTEM

FIRE EXTINQUISHER/CABINETS

PAINTING OF ANY PIPING
PROJECT: ENCORE COFFEE SHOP AND ATTACHED BUILDINGS
LOCATION: 82707 MILES AVE. INDIO, CA 92201
NUMBER OF ADDENDUMS NOTED: NONE

OVERHEAD DESCRIPTION
SWFP TO DESIGN AND INSTALL PER NFPA 13, 2016 AND THE LOCAL FIRE AUTHORITY A NEW WET FIRE SPRINKLER SYSTEM.

SWFP POINT OF CONNECTION TO BE DETERMINED AT 12” A.F.F.

SWFP TO INSTALL NEW 200 DEGREE UPRIGHTS WITH BRASS FINISH IN EXPOSED ARES.

SWFP TO INSTALL NEW WHITE SEMI-RECESSED TYPE HEADS IN NEW CEILING ELEVATIONS.

PATCH-BACK AND PAINT OF ANY DEMOED MATERIALS TO PREFORM WORK NOT INCLUDED AND TO BE DONE BY OTHERS. SWFP WORK TO BE PERFORMED AS MINIMALLY INVASIVE AS POSSIBLE.

FIRE SPRINKLER PERMIT INCLUDED.

BID BASED BN DESIGN DRAWINGS DATED 12-9-22
DESIGN $3,500.00
PERMIT $1,057.00
INSTALL 41,864.00
TOTAL $46,421.00

UNDERGROUND DESCRIPTION
INSTALL PER NFPA 24 2022, I.W.A. AND THE LOCAL FIRE AUTHORITY.

SWFP TO HOT-TAP EXISTING D.I. PIPE ON MILES AVENUE.

SWFP TO INSTALL DOUBLE CHECK DETECTOR ASSEMBLY, FIRE DEPARTMENT CONNECTION, AND RISER SWEEP FOR FIRE SPRINKLER SERVICE.

SWFP TO PERFORM THE TRAFFIC CONTROLLING FOR THESE PORTIONS OF THE WORK, ASPHALT DEMO AND HAUL AWAY, CONNECTIONS TO THE CITY MAIN, OBTAIN APPROVAL FROM IWA, BACKFILL AND PATCH BACK CONCRETE AND ASPHALT.

DESIGN $2,500.00
PERMIT $1,057.00
INSTALL $63,055.00
TOTAL $66,112.00
GRAND TOTAL $112,533.00

Approval of proposal with Southwest Plumbing and Fire Protection in the ... Page 228 of 3061 31-410 Reserve Drive, Suite 5
P. O. Box 2006
Thousand Palms, CA 92276
(760) 343-2345 Phone ~ (760) 343-4255 Fax

FIRE PUMP(S)

WIRING OF ELECTRONIC ALARM BELL (ALARM BELL FURNISHED BY SOUTHWEST FIRE PROS)

CLARIFICATIONS
THIS BID IS GOOD FOR 30 DAYS AT WHICH TIME IT CAN BE WITHDRAWN.

ALL WORK BID IS BASED ON AN 8 HOUR WORKDAY M-F AT STRAIGHT TIME- NO OT /DT.

WE EXPECT TO PARTICIPATE IN THE DEVELOPMENT OF THE CONSTRUCTION SCHEDULE.

BID IS BASED ON SOUTHWEST FIRE PROS INTERPRETATION OF THE PLANS, SOUTHWEST FIRE PROS SHALL HAVE FINAL APPROVAL ON DESIGN OF THE FIRE SPRINKLER SYSTEM. **PERMIT AND DESIGN DUE UPON ACCEPTANCE, 30% MATERIALS DEPOSIT DUE BEFORE COMMENCEMENT, **60% DUE UPON ROUGH INSPECTION, 10% RETENTION UPON COMPLETION.

CURT CARRICO
CELL: (760) 668-7744 ______________________________ ____________________ [email protected] PROPOSAL ACCEPTED DATE

Approval of proposal with Southwest Plumbing and Fire Protection in the ... Page 229 of 3061 City of Indio
City Council
December 6, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Carl S. Morgan, Dir. Of Economic Development Subject: A Commercial Lease Agreement with IORA Hospitality, LLC, doing business as Melt located at 45238 Oasis Street and a $62,000 tenant improvement allowance.

RECOMMENDATION:

Approve the Commercial Lease Agreement with IORA Hospitality, LLC. and a $62,000 tenant improvement allowance.

SUMMARY:

Staff received a proposal from iora Hospitality, LLC, to open Melt: Modern Creamery in Downtown Indio. IORA Hospitality, LLC will be doing business as (dba) Melt, a modern fast-casual restaurant, seeks to lease 45238 Oasis Street, which accounts for approximately 1,771 square feet of space.

Melt will be the second restaurant concept from owners Justin and Mackenzie Jenkins, together they founded Beautiful Day in La Quinta. They have a passion for providing exceptional guest experiences and sourcing the best ingredients. Melt will feature artisanal grilled cheese sandwiches, craft soft serve with seasonal flavors, and top-tier ingredients. Staff recommends approval of the proposed lease with IORA Hospitality, LLC as it represents another business choosing to invest in Downtown Indio. Downtown Indio is in the middle of a renaissance with 18 new projects under construction or planned to start in the near future. With over $200 million in public and private investments coming to Downtown, which include Indio Taproom, Italica, Gabinos Creperie, Desert Beer, Co, Little Street Music Hall, College of the Desert campus expansion and Child Development Center, and over 110 mixed-use apartment units. The proposed lease is consistent with the Downtown Specific Plan document and will stimulate new investment, create new jobs, and generate additional sales tax revenues for the community.

BACKGROUND INFORMATION:

Adopted in April 2020, the Downtown Specific Plan created the blueprint for the revitalization of Downtown Indio. The goal of the Downtown Specific Plan is to promote economic development and revitalization to make Downtown Indio a compelling local and regional destination.

On August 16, 2023, the City Council authorized staff to negotiate a lease of the City-owned property located at 45238 Oasis Street consisting of 1,771 square feet of space.

In terms of the General Plan, the property on Oasis Street is within the Downtown Specific Plan zoned Downtown-Core (DT-C) characterized by lively, pedestrian-oriented retail and restaurant uses. Goal ED-7 of the General Plan states that an economic development goal is to have “A City AGENDA ITEM #13.9
A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 230 of 3061 with the destination hospitality, retail, and entertainment opportunities to meet the needs of visitors and residents.” Additional entertainment and hospitality uses will conform to such a goal as part of the City's economic development strategy. Accordingly, the proposed lease is consistent with the General Plan and staff recommends that the City Council find that the lease of the property is in conformance with the General Plan.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$62,000 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$5,313 Strategic Objective: Downtown & Hwy 111
Revitalization
Source of funds: American Rescue Plan Act
(ARPA)
Fund-Org-Object
Reference:
241-523006
Additional Financial Details:

The salient terms of the Building Lease Agreement are as follows:

Premises: The building is located at 45238 Oasis Street (Attachment 1). The property consists of a one-story building of approximately 1,771 square feet.

Permitted Use of Premises: The Premises shall open and be used solely for the operation of the fast-casual restaurant to be open a minimum of 5 days a week.

Lease Term: The term of the Agreement is five (5) years.

Rent Commencement Date: Twelve (12) months from when the Landlord delivers the keys to the tenant.

Rent: The rent shall be $885.50 per calendar month during the Term, prorated for any partial calendar month in the Term.

Security Deposit: Tenant shall pay the Security Deposit of $3,000 to Landlord on the date Tenant signs and delivers a counterpart of this Lease to Landlord.

Condition of Premises: Tenant is accepting the Premises in their current “as-is” condition, without representation or warranty, express or implied. The first is the Tenant’s initial improvements that are paid for by the Tenant with their own capital. The second type of improvements are those paid for with the tenant improvement allowance. All tenant improvements are subject to review and approval by the City.

Prevailing Wages: In making the tenant improvements, the Tenant shall comply with the prevailing wage laws.

Possessory Interest Taxes and Utilities: Tenant shall be responsible for the payment of all real property taxes on Tenant’s possessory interest and all charges for gas, electricity, telephone service, water, sewer service, trash removal, and other utilities and services furnished to the Property during the Term.

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 231 of 3061 Tenant Improvement Allowance: The Landlord is providing the Tenant with a tenant improvement allowance of Sixty-two Thousand Dollars ($62,000) that will be utilized for the actual costs of design and construction of certain Improvements.

ATTACHMENTS:

Attachment 1- MELT LEASE
APPROVAL(S):

Carl S. Morgan, Dir. Of Economic Development Approved - 27 Nov 2023 Steven Graham, City Attorney Approved - 30 Nov 2023
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 30 Nov 2023 Bryan H. Montgomery, City Manager Approved - 30 Nov 2023

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 232 of 3061

CITY OF INDIO COMMERCIAL LEASE AGREEMENT
SINGLE-TENANT - 45238 OASIS STREET
This Commercial Lease Agreement (“Lease”), dated the 1st day of January, 2024, for reference purposes only, is made by and between the CITY OF INDIO, a California municipal corporation (“Landlord”), and IORA Hospitality dba MELT California limited liability company, (“Tenant”). Landlord and Tenant are sometimes referred to in this Lease individually as a “Party”, and collectively as “Parties.”

ARTICLE I
PREMISES; EFFECTIVE DATE; TERM; DUE DILIGENCE PERIOD; MONTHLY RENT; DEPOSIT; USE; TENANT IMPROVEMENTS

1.1 Premises. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, in accordance with the terms and conditions of this Lease, space within a building located at 45238 Oasis Street, approximately located as shown by the shaded area and arrow on Exhibit “A” entitled “Lease Plan” (“Premises”).

1.2 Effective Date. This Lease shall not become effective until it has been approved by the governing body of Landlord and executed by the Parties.

1.3 Term. The lease term shall commence on January 1, 2024 (“Commencement Date”) and continue for a period of Five years (5) and shall expire on December 31, 2029 (“Expiration Date”) unless terminated earlier pursuant to provisions herein. Tenant shall have the option to renew the lease for two (2) additional three (3) year terms and shall give sixty (60) days written notice prior to the Expiration Date. Parties shall negotiate in good faith the monthly rental amount for that renewal, the first year of which shall be 3-5% above the monthly rental amount in the preceding lease year.

1.4 Due Diligence Period. Notwithstanding anything herein to the contrary, Tenant shall have a period of twelve (12) months from the Effective Date of the Lease (“Due Diligence Period”) to conduct due diligence activities, including making all Tenant Improvements, conducting any inspections, testing, investigations, studies, obtaining of permits, variances and approvals that are reasonably necessary to build and operate the Premises as a fast casual restaurant. Tenant shall have a right of access to the Premises during the Due Diligence Period.

Tenant acknowledges that all of the terms and conditions of this Lease shall apply during the Due Diligence Period, including, without limitation, the insurance and indemnification requirements herein. Tenant shall promptly repair any and all damage to the Premises caused by the inspections, testing, investigations, and studies permitted by this Section. Should Tenant be unable to obtain Permits within the Due Diligence Period, parties may extend the Due Diligence Period by written amendment to this Lease.

1.5 Monthly Rent. Tenant shall pay to Landlord, commencing on January 1, 2025, the following sums as Monthly Rent. Monthly Rent shall be paid in the matter specified in Section 3.1 of this Lease, entitled “Payment of Rent.”

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 233 of 3061 2 January 1, 2025 to December 31, 2029 - $885.50 per month

1.6 Security Deposit. Tenant shall deposit with Landlord a security deposit for the Premises in the amount of Three Thousand Dollars ($3,000) (“Deposit”). The Deposit shall be subject to the terms and conditions contained in Section 3.3 of this Lease.

1.7 Permitted Use. Tenant agrees to use the Premises for the following purpose(s), and for no other purpose: Fast casual restaurant.

1.8 Tenant Improvements. Landlord shall grant to Tenant an allowance of up to Sixty Two Thousand Dollars ($62,000) (“Tenant Improvement Allowance”) for the construction of improvements, as set forth in the Schedule of Performance in Exhibit “C,” attached hereto and incorporated herein (“Tenant Improvements”), as follows:

A. 20 Percent (20%): Twelve Thousand Four Hundred Dollars ($12,400) upon the issuance of building permits.

B. 60 Percent (60%): An amount not to exceed Thirty Seven Thousand Two Hundred Dollars ($37,200) upon receipt by Landlord of “adequate documentation” of Tenant’s expenses for Tenant Improvements, not to be paid more often than monthly.

C. 20 Percent (20%): Twelve Thousand Four Hundred Dollars ($12,400) upon thirty (30) days of opening, provided all lien releases are in place and are approved by Landlord in its sole and absolute discretion.

As used in subsection B above, “adequate documentation” of Tenant’s expenses for the construction of the Tenant Improvements shall consist of signed invoices and/or receipts from vendors, contractors, and/or subcontractors for services, product, and/or supplies rendered/provided, or to be rendered/provided with respect to the construction of the Tenant Improvements.)

ARTICLE II
CONDITION OF PREMISES; DELIVERY OF PREMISES

2.1 Condition of Premises. Tenant has examined the Premises and agrees to take possession of the Premises in an “as is” condition. Tenant hereby acknowledges: (a) that it has been advised to satisfy itself with respect to the condition of the Premises (including but not limited to the electrical and fire sprinkler systems, security, environmental aspects, seismic and earthquake requirements, and compliance with the Americans with Disabilities Act), and applicable zoning, municipal, county, state and federal laws, ordinances and regulations and any covenants or restrictions of record (collectively “Applicable Laws”) and the present and future suitability of the Premises for Tenant’s intended use; (b) that Tenant has made such investigation as it deems necessary with reference to such matters, is satisfied with reference thereto, and assumes all responsibility therefore as the same relate to Tenant’s occupancy of the Premises and/or the terms

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 234 of 3061 3 of this Lease; and (c) that neither Landlord, nor any of Landlord’s agents, has made any oral or written representations or warranties with respect to said matters other than as set forth in this Lease.

As required by California Civil Code No 1938, an ADA Survey has not been conducted by a Certified Access Specialist for the Premises. A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, Landlord may not prohibit Tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of Tenant, if requested by Tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.

2.2 Delivery of Premises. Landlord agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Tenant by the Commencement Date of this Lease, as specified in Section 1.3. If, despite said efforts, Landlord is unable to deliver possession as agreed, Landlord shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease. Tenant shall not, however, be obligated to provide Monthly Rent or perform any other obligations under this Lease, until it receives possession of the Premises. If possession is not delivered within thirty (30) calendar days after the Commencement Date, Tenant may, by notice in writing after the end of such thirty (30) calendar day period, cancel this Lease and the Parties shall be discharged from all obligations hereunder.

2.3 Landlord Access. Landlord, and its authorized agents, representatives, and employees, may enter the Premises at any time in case of emergency, and otherwise at reasonable hours, with advanced written notice to: (i) inspect the Premises; (ii) exhibit the Premises to prospective purchasers, lenders, insurers or tenants; (iii) determine whether Tenant is complying with all its obligations hereunder; (iii) take possession due to any uncured, material breach of this Lease in the manner provided herein; (iv) perform any covenants of Tenant which Tenant fails to perform; and (v) repair, alter, or improve the Premises or any portion of the Premises, and may for such purposes erect, use and maintain scaffolding, pipes, conduits, and other structures in and through the Premises where reasonably required by the nature of the work to be performed; provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference with the operation of Tenant’s business as reasonably possible.

Tenant hereby waives any claim for damages, including but not limited to interference with business, lost profits, and any other incidental or consequential damages of any sort whatsoever, for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. Landlord shall at all times have and retain a key with which to unlock all of the doors in or about the Premises (excluding Tenant’s vaults, safes, and similar areas designated in writing by Tenant in advance); and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into or detainer of the

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 235 of 3061 4 Premises or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof.

No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations, or improvements except as otherwise expressly agreed to be performed by Landlord in this Lease.

2.4 Vehicle Parking. Intentionally Omitted.

ARTICLE III
PAYMENT OF MONTHLY RENT; SECURITY DEPOSIT; LATE CHARGES

3.1 Payment of Rent. Monthly Rent shall be paid in advance on or before the first calendar day of each month during the Term. If the Term commences on a calendar day other than that first calendar day of the month or ends on a calendar day other than that last calendar day of a calendar month, then Monthly Rent will be appropriately prorated by Landlord based on the actual number of calendar days in such month. If the Term commences on a calendar day other than the first calendar day of a calendar month, then the prorated Monthly Rent for such month shall be paid on or before the first calendar day of the Term. Monthly Rent shall be paid to Landlord without written notice or demand, and without offset, in lawful money of the United States of America at Landlord' s address, or to such other address as Landlord may from time to time designate in writing.

3.2 Rent Adjustment and Improvements. In consideration of twelve months’ rent abatement provided for in section 1.5 hereof, Tenant will, at its sole cost and expense, design and construct tenant improvements for a fast casual restaurant [example: design and perform tenant improvements to upgrade and replace the HVAC system]. All changes are subject to the City’s written approval.

3.3 Security Deposit. If Tenant defaults with respect to any provision of this Lease, including but not limited to the provisions related to the payment of Monthly Rent, Landlord may use, apply, or retain all or any part of the Deposit for the payment of rent, any other sum in default, or for the payment of any other amount Landlord may spend or become obligated to spend by reason of Tenant' s default, or to compensate Landlord for any other loss or damage Landlord may suffer by reason of Tenant' s default. If any portion of the Deposit is so used, applied, or retained, Tenant shall with five (5) calendar days after written demand deposit cash with the Landlord in an amount sufficient to restore the Deposit to its original amount. Landlord shall not be required to keep the Deposit separate from its general funds, and Tenant shall not be entitled to any interest earned on the Deposit. The Deposit shall not be deemed a limitation on Landlord' s damages or a payment of liquidated damages or a payment of rent due for the last month of the Term.

A. Tenant specifically waives the provisions of California Civil Code Section 1950 which provides that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant, or to claim the Premises. Landlord and Tenant agree that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other foreseeable or unforeseeable loss or damage caused by the act or omissions of Tenant or Tenant's officers, agents, employees, independent contractors, or otherwise.

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 236 of 3061 5 B. If Tenant faithfully and timely performs every provision of this Lease to be performed by it, the Deposit or balance of the Deposit shall be returned to Tenant within sixty (60) calendar days after the expiration of the Term. Landlord may deliver the funds deposited under this Lease by Tenant to the purchaser of the Premises in the event that the Premises is sold, and after such time, Landlord shall have no further liability to Tenant with respect to the Deposit.

3.4 Late Charges. Tenant hereby acknowledges that late payment by Tenant of the Monthly Rent or any other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease. Such costs include, but are not limited to, processing and accounting charges and late charges which may be imposed upon Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Monthly Rent or any other sums due from Tenant under this Lease, shall not be paid within ten (10) days after the time set forth in this Lease for payment thereof, Tenant shall thereupon pay to Landlord a late charge equal to ten percent (10%) of the overdue amount. Landlord and Tenant agree that this late charge represents a reasonable sum considering all of the circumstances existing on the date of this Lease, including the relationship of the sum to the loss to Landlord that could be reasonably anticipated by such nonpayment by Tenant and the anticipation that proof of actual damages sustained by Landlord would be costly or inconvenient to determine. Landlord and Tenant agree that such late charge shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord at law, in equity, or under this Lease. Landlord, at its option, may deem any such overdue amounts and/ or late charges so unpaid to be owing, nonpayment of which shall, in addition to any other rights and remedies available to Landlord, give rise to those rights and remedies of Landlord set forth in Section 12.2 of this Lease.

ARTICLE IV
USE; COMPLIANCE WITH LAWS; NON-DISCRIMINATION

4.1 Use. The Premises shall be used only for the purposes set forth in Section 1.7 and purposes incidental to that use and in accordance with the General Rules and Regulations attached hereto as Exhibit “B.” Tenant shall use the Premises in a careful, safe, and proper manner and shall not use the Premises for any disreputable business or purpose. Tenant shall not use or permit the Premises to be used or occupied for any purpose or in any manner prohibited by any applicable law, ordinance order, rule, regulation, or other governmental requirement. Tenant shall not commit waste or suffer or permit waste to be committed in, on, or about the Premises. Tenant shall conduct its business and control its employees, agents, and invitees in such a manner so as not to create a nuisance or a risk of fire or other hazard, or that would violate, suspend, void, or increase the rate of fire or liability or any other insurance of any kind at any time carried by Landlord upon the Premises.

4.2 Signs. Any signs to be installed by Tenant shall be subject to the prior written approval of Landlord and shall be installed by a sign contractor approved by Landlord. All required permits for signs shall only be obtained by the approved sign contractor who shall also be responsible for compliance with all applicable codes. Tenant shall be responsible for payment of

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 237 of 3061 6 all sign costs including installation costs, permits and costs to repair the Premises resulting from the installation or removal of such sign.

4.3 Compliance with Laws. Tenant shall comply with all applicable laws, ordinances, orders, rules, regulations, and other governmental requirements relating to the use, condition, or occupancy of the Premises. The judgment of any court of competent jurisdiction or the admission of Tenant in a proceeding brought against it by any governmental entity that Tenant has violated any such governmental requirement shall be conclusive as between the Landlord and the Tenant and shall constitute grounds for declaration of default, material breach, forfeiture, and termination of this Lease by Landlord.

4.4 Compliance with Environmental Laws. Tenant and the Premises shall remain in compliance with all applicable laws, ordinances, orders, rules and regulations regulating, relating to, or imposing liability of standards of conduct concerning any Hazardous Materials, or pertaining to occupational health or industrial hygiene, occupational or environmental conditions on, under, or about the Premises, as now or may at any later time be in effect, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”) [42 USC Section 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (“RCRA”) [42 USC Section 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (“FWPCA”) [33 USC Section 1251 et seq.]; the Toxic Substances Control Act (“TSCA”) [15 USC Section 2601 et seq.]; the Hazardous Materials Transportation Act (“HMTA”) [49 USC Section 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 USC Section 6901 et seq.] the Clean Air Act [42 USC Section 7401 et seq.]; the Safe Drinking Water Act [42 USC Section 300f et seq.]; the Solid Waste Disposal Act [42 USC Section 6901 et seq.]; the Surface Mining Control and Reclamation Act [30 USC Section 101 et seq.] the Emergency Planning and Community Right to Know Act [42 USC Section 11001 et seq.]; the Occupational Safety and Health Act [29 USC Section 655 and 657]; the California Underground Storage of Hazardous Substances Act [H & S C Section 25288 et seq.]; the California Hazardous Substances Account Act [H & S C Section 25300 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act [H & S C Section 24249.5 et seq.] the Porter-Cologne Water Quality Act [Water Code Section 13000 et seq.] together with any amendments of or regulations promulgated under the statutes cited above and any other federal, state or local law, ordinance, order, rule or regulation now in effect or later enacted that pertains to occupational health or industrial hygiene, and only to the extent the occupational health or industrial hygiene laws, ordinances, or regulations relate to hazardous substances on, under, or about the Premises, or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use (“Environmental Laws”).

A. Tenant shall immediately notify Landlord in writing and provide copies upon receipt of all written complaints, claims, citations, demands, inquiries, reports, or notices relating to the condition of the Premises or compliance with Environmental Laws. Tenant shall promptly cure and have dismissed with prejudice and of those actions and proceedings to the satisfaction of Landlord. Tenant shall keep the Premises free of any lien imposed pursuant to and Environmental Law.

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 238 of 3061 7 B. For the purpose of Section 4.4, the term “Hazardous Materials” shall include, without limitation, substances defined as “hazardous substances,” “hazardous materials,” “toxic substances,” “hazardous wastes,” “extremely hazardous wastes,” or “restricted hazardous wastes,” or stated to be known to cause cancer or reproductive toxicity, under any Environmental Law. Tenant shall not permit to occur any release, generation, manufacture, storage, treatment, transportation, or disposal of any Hazardous Materials. Tenant shall promptly notify Landlord in writing if Tenant has or acquires notice or knowledge that any Hazardous Materials have been or are threatened to be released, discharged, disposed of, transported, or stored on, in, under, or from the Premises; and if any Hazardous Materials are found on the Premises, Tenant, at its sole cost and expense, shall immediately take such action as is necessary to detain the spread of and remove the Hazardous Material to the complete satisfaction of Landlord and the appropriate governmental authorities.

C. Landlord shall, at Landlord’s sole cost and expense, have the right at all reasonable times and from time to time to conduct environmental audits of the Premises, and Tenant shall cooperate in the conduct of those audits.

D. If Tenant fails to comply with the forgoing covenants pertaining to Hazardous Materials, Landlord may cause the removal (or other cleanup acceptable to Landlord) of any Hazardous Materials from the Premises. The costs of Hazardous Materials removal and any other cleanup (including transportation and storage costs) will be owing under this Lease, whether or not a court has ordered the cleanup, and those costs will become due and payable on demand by the Landlord. Tenant shall give Landlord, its agents and employees, access to the Premises to remove or otherwise cleanup any Hazardous materials. Landlord, however, has no affirmative obligation to remove or otherwise cleanup any Hazardous Materials, and this Lease shall not be construed as creating any such obligation.

E. For any Hazardous Material brought on site due to Tenant’s occupancy, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord and at Tenant’s sole cost), and hold Landlord and Landlord’s elected and appointed officials, officers, employees, agents, successors and assigns free and harmless from and against all losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, costs, judgments, suits, proceedings, damages (including consequential damages), disbursements or expenses of any kind (including attorneys’ and experts’ fees and expenses and fees and expenses incurred in investigating, defending or prosecuting any litigation, claim or proceeding) that may at any time be imposed upon, incurred by, or asserted or awarded against Landlord in connection or arising out of: (i) any Hazardous Material on, in, under or affecting all or any portion of the Premises, (ii) any violation or claim of violation of any Environmental Law by Tenant; or (iii) the imposition of any lien for the recovery of costs for environmental cleanup or other response costs relating to the release or threatened release of Hazardous Materials on, in, under or affecting all or any portion of the Premises.

Tenant’s indemnification shall survive the expiration and termination of this Lease.

4.5 Non-Discrimination. Tenant herein covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through it, and this Lease is made and accepted upon and subject to the requirement that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex,

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 239 of 3061 8 genetic information, gender, gender identity, gender expression, marital status, age, national origin, or ancestry, in the leasing, use, occupancy, tenure, or enjoyment of the Premises, nor shall the Tenant itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of Tenants, sub-tenants, or vendees in the Premises herein leased.

ARTICLE V

TAXES AND UTILITIES

5.1 Possessory Interest Tax/Property Taxes. Tenant recognizes and understands that this Lease may create a possessory interest subject to taxation and that Tenant may be subject to the payment of taxes levied on such interest. Tenant shall pay all taxes including without limitation any possessory interest, real estate and personal property taxes and assessments assessed, levied, confirmed or imposed during the Term of this Lease, whether or not now customary or within the contemplation of Landlord and Tenant: (i) upon, measured by or reasonably attributable to the cost or value of Tenant’s equipment, furniture, fixtures and other personal property located in the Premises, or by the cost or value of the leasehold improvements made in or to the Premises by or for Tenant, regardless of whether title to the improvements is in Tenant or Landlord; (ii) upon or with respect to the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises or any portion of the Premises; (iii) upon the Premises and all personal property, furniture, fixtures and equipment, and all replacements, improvements, or additions to them, whether owned by Landlord or Tenant; and (iv) upon this transaction or any document to which Tenant is a party creating or transferring and interest or an estate in the Premises.

5.2 Utilities. Tenant shall pay the appropriate suppliers for all water, gas, power, electricity, light, heat, telephone, facsimile, internet, and other utilities and communications services used by Tenant on the Premises during the Term, including the taxes thereon, whether or not the services are billed directly to Tenant. Tenant shall procure, or cause to be procured, without cost to Landlord, any and all necessary permits, licenses, or other authorizations required for the lawful and proper installation and maintenance upon the Premises of wires, pipes, conduits, tubes and other equipment and appliances for use in supplying any of the services to and upon the Premises. Landlord, upon request of Tenant, shall at the sole expense and liability of Tenant, join with Tenant in any application required for obtaining and continuing any of the services.

ARTICLE VI
INSURANCE; INDEMNIFICATION; WAIVER AND RELEASE

6.1 Minimum Insurance Requirements. Tenant, at its sole cost and expense, commencing on the date Tenant is given access to the Premises, and continuing during the Term, shall procure, pay for, and thereafter keep in full force and effect the following types of insurance, in at least the amounts and in the forms specified below:

A. Commercial General Liability (CGL) with limits no less than Two Million Dollars ($2,000,000.00) per occurrence basis including products and completed operations,

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 240 of 3061 9 property damage, bodily injury and personal & advertising injury with limits no less than Two Million Dollars ($2,000,000) per occurrence. Tenant shall maintain in force liability insurance, at all times during the term of this Lease and any renewal or extension thereof, which shall insure and indemnify Landlord, the City Council and each member thereof, and every officer and employee of Landlord against liability or financial loss resulting from any suits, claims or actions brought by any person or persons and from all costs and expense of litigation brought against Landlord, the City Council and every member thereof for any injury to persons and/or damage to property in, on or about the Premises by reason of the use or occupation by Tenant or by any other person or persons of the Premises and the activities of Tenant.

B. A policy or policies of Workers Compensation insurance in the amount required by the State of California.

C. Property Insurance against all risk of loss at full replacement cost with no coinsurance penalty provision at Tenant’s cost and expense, shall be obtained and at all times during the term hereof maintain in effect covering (1) all improvements included in the Premises; (ii) Tenant’s trade fixtures, furnishings, equipment, and inventory of merchandise located in the Premises; and (2) all alterations, additions, and changes made in or to the Premises during the term of this Lease at Tenant’s expense, providing protection to the extent of not less than one hundred percent (100%) of the insurable value of all said items against any peril included under insurance industry practices in the jurisdiction of the Premises within the classification “fire and extended coverage,” together with insurance against vandalism, malicious mischief, and sprinkler leakage or other sprinkler damage, if sprinklers are installed, and including “use and occupancy” and/or “business interruption” coverage. Tenant hereby waives any and all rights of recovery against Landlord for any loss occurring to such items on account of fire or other casualty, and the aforesaid policies of insurance shall contain appropriate provision recognizing this release by Tenant and waiving all right of subrogation by the insurance carrier. The proceeds of such insurance, so long as this Lease remains in effect, shall be used to repair or replace the items so insured in the event of loss on account of fire or other casualty.

D. Automobile Liability: Covering any auto, or if Tenant has no owned autos, hired, and non-owned autos, with limits no less than the amount required by law per accident for bodily injury and property damage.

E. Plate Glass Insurance: Plate glass insurance covering all plate glass on the Premises at full replacement value; provided that Tenant shall be permitted to self-insure plate glass insurance.

F. Insurance covering all of Tenant’s Improvements and Tenant’s Alterations, in an amount not less than their full replacement value from time to time, including replacement cost endorsement, providing protection against any peril included within the classification Fire and Extended Coverage, sprinkler damage, vandalism, malicious mischief and such other additional perils as covered in an “all risks” standard insurance policy. Any policy proceeds shall be used for the repair or replacement of the property damaged or destroyed unless this Lease shall cease and terminate under the provisions of Article 14.

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 241 of 3061 10 G. Business Interruption Insurance: Commercially reasonable business interruption insurance.

6.2 Delivery of Evidence of Tenant’s Insurance. Each such insurance policy or certificate thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) calendar days prior to the expiration dates of the expiring policies. In the event that Tenant shall fail to insure or shall fail to furnish Landlord the evidence of such insurance as required by Article VI, Landlord may from time to time acquire (without any obligation to do so) such insurance for the benefit of Tenant or Landlord or both of them for a period not exceeding one (1) year, and any premium paid by Landlord shall be recoverable from Tenant. Tenant’s compliance with the provisions of Article VI shall in no way limit Tenant’s liability under any of the other provisions of this Lease. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.

6.3 Other Insurance Requirements. The insurance to be acquired and maintained by Tenant shall be with companies admitted to do business in the State of California and companies of Best’s Rating Guide of A or better. Tenant shall deliver to Landlord, prior to taking possession of the Premises, a certificate of insurance evidencing the existence of the policies required hereunder, and such certificate shall certify that the policy:

A. Names Landlord and any other entities designated by Landlord as additional insureds under the Commercial General Liability policy; B. Shall not be canceled or altered without thirty (30) calendar day’s prior written notice to Landlord;
C. Insures performance of Tenant’s indemnity set forth in this Lease; D. Provide that no act or omissions of Tenant shall affect or limit the obligations of the insurer with respect to other insureds or including Landlord; E. Include all waiver of subrogation rights endorsements necessary to affect the provisions below; and
F. Provide that the commercial general liability policy and the coverage provided shall be primary, that Landlord although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord by reasons of acts or omissions of Tenant, and that coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant.

6.4 Mutual Waiver of Subrogation. The Parties hereto release each other and their respective authorized employees, agents, and representatives, from any and all claims, demands, loss, expense, or injury to any person, or to the Premise or to personal property, including, but not limited to, furnishings, fixtures or equipment located therein, caused by or resulting from perils, events, or happenings which are the subject of insurance in force at the time of such loss. Each

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 242 of 3061 11 Party shall cause each insurance policy obtained by it to provide that the insurer waives all right of recovery by way of subrogation against either party in connection with any damage covered by any policy. Neither Party shall be liable to the other for any damage caused by fire or any of the risks insured against under any insurance policy in effect as required by this Lease.

6.5 No Ownership. Nothing contained in Article VI shall be construed as creating or implying the existence of: (i) any ownership by Tenant of any fixtures, additions, alterations, or improvements in or to the Premises, or (ii) any right on Tenant’s part to make any addition, alteration, or improvement in or to the Premises.

6.6 Indemnity. Tenant agrees, except as to the sole negligence or willful misconduct of Landlord, to fully indemnify, defend, and hold Landlord, its elected and appointed officials, officers, employees, agents, successors and assigns, free and harmless from any and all third-party claims, liability, loss, damage, costs, or expenses, including attorney fees, resulting from Tenant’s occupation or use of the Premises, specifically including, without limitation, any claim of liability, loss or damage arising by reason of:

A. The death or injury of any person or persons, including Tenant or any person who is an employee, agent, guest, or customer of Tenant, or by reason of the damage or destruction of any property, including property owned by Tenant or any person who is an employee, agent, guest, or customer of Tenant, and caused or allegedly caused by either the condition of the Premises, or some act or omission of Tenant or of some agent, contractor, employee, servant, guest, or customer of Tenant on the Premises;
B. Any work performed on the Premises or materials furnished to the Premises at the instruction or request of Tenant; and
C. Tenant’s failure to perform any provision of this Lease, or to comply with any requirement of local, state, or federal law or any requirement imposed on Tenant or the Premises by any duly authorized governmental agency or political subdivision.

6.7 Waiver and Release. Tenant waives and releases all claims against Landlord, its employees, and agents with respect to the matters for which Landlord has disclaimed liability pursuant to the provisions of this Lease. In addition, Tenant agrees that Landlord, its elected and appointed officials, employees, agents, successors and assigns shall not be liable for any loss, injury, death, or damage (including consequential damages) to persons, property, or Tenant’s business occasioned by theft; acts of God; public enemy; injunction; riot; strike; insurrection; war; terrorism; court order; order of governmental body or authority; earthquake; fire; explosion; falling objects; water; rain; snow; leak or flow of water, or by dampness or from the breakage, leakage, obstruction, or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, or light fixtures; or from construction, repair, or alteration of the Premises; or from any acts or omissions of any visitor of the Premises; or from any cause beyond Landlord’s control.

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 243 of 3061 12 ARTICLE VII
REPAIRS AND MAINTENANCE; ALTERATIONS

7.1 Tenant Obligations. Tenant shall maintain in good condition and repair, the entirety of the Premises (except that portion of Premises to be maintained by Landlord under Section 9.2 below), including the Improvements and all Fixtures, and the HVAC systems, as well as the landscaping and all parking areas (collectively “Premises Systems”). Notwithstanding the foregoing, in case of complete HVAC failure or breakage that is beyond repair as documented by a third-party professional, Landlord and Tenant shall equally pay for the replacement of the HVAC system with Landlord and Tenant each paying fifty percent (50%) of the cost. In such case, Tenant shall obtain at least three bids, with Landlord having final approval of the contactor for such work.

7.2 Alterations. Tenant shall not make any alterations, improvements or additions in, on or about any of the Premises, without first obtaining Landlord’s prior written consent.

A. All alterations, improvements, or additions in, on or about the Premises, whether temporary or permanent in character, shall immediately become Landlord’s property and at the expiration of the Term of this Lease shall remain on the Premises without compensation to Tenant.

B. By notice given to Tenant no less than ninety (90) calendar days prior to the expiration of the Term of this Lease, Landlord may require that any alterations, improvements, or additions in, on or about the Premises be removed by Tenant. In that event, Tenant shall remove the alterations, improvements or additions at Tenant’s sole cost and expense and shall restore the Premises to the condition in which the Premises was before the alterations, improvements, and additions were made, reasonable wear and tear accepted.

7.3 Mechanic’s Liens. Tenant shall pay or cause to be paid all costs and charges for:
(i) work done by Tenant or caused to be done by Tenant, in or to the Premises, and (ii) all materials furnished for or in connection with such work. Tenant shall indemnify the Landlord against and hold the Landlord and the Premises free, clear and harmless of and from any liens or claims of liens arising out of any work performed, materials furnished, or obligations incurred by the Tenant, and Tenant shall be responsible for the removal of any such liens and all costs to remove same.

Failure to remove any such liens within thirty (30) calendar days of written request by Landlord shall constitute a default of this Lease. At its election, but without having any obligation to do so, the Landlord may pay such liens not so removed by the Tenant and the amount expended by Landlord shall be paid by Tenant within fifteen (15) calendar days after delivery of a statement for the expense.

7.4 Landlord Obligations. Landlord shall be responsible for maintenance and repair of the roof, exterior walls and structural components of the Premises (including structural floor) and all meter, pipes, conduits, equipment (excluding heating, ventilation and air conditioning equipment), components and facilities that supply the premises with utilities (except as the appropriate utility company has assumes these duties); provided however that Landlord shall not be required to make repairs necessitated by reason of any acts or omissions of Tenant, including negligence or willful misconduct of Tenant or anyone claiming under Tenant, by reason of the

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 244 of 3061 13 failure of Tenant to perform or observe any conditions or agreements of this Lease, or by reason of improvements made by Tenant or anyone claiming under Tenant.

ARTICLE VIII
DAMAGE AND DESTRUCTION; CONDEMNATION

8.1 Damage or Destruction of Premises. Unless as the result of negligence or intentional unlawful act of Tenant, if during the term of this Lease, any portion of the Premises shall be damaged by fire or other catastrophic cause, so as to render such portion of the Premises untenable, the obligations under this Lease may be suspended while such portion of the Premises remains untenable. In the event of such damage, Tenant shall give Landlord notice of such untenable conditions and the Landlord shall elect in its sole discretion, whether to repair the Premises or to cancel this Lease with respect thereto. It shall notify Tenant in writing of its election within thirty (30) calendar days after service of notice by Tenant. In the event that Landlord elects not to repair the Premises or portion thereof, this Lease shall be deemed canceled as of the date the damage occurred with respect to the applicable portion(s).

8.2 Condemnation. If all or any part of the Premises shall be condemned or taken as a result of the exercise of the power of eminent domain, including any conveyance or assignment in lieu of any condemnation or taking, this Lease shall terminate as to the part so taken as of the date of taking, and in the case of a partial taking, either Landlord or Tenant shall have the right to terminate this Lease as to the balance of the Premises by notice to the other within thirty (30) calendar days after the date of such taking; provided, however, that a condition to the exercise by Tenant of such right to terminate shall be that the portion of the Premises taken shall be of such extent and nature as substantially to handicap, impede or impair Tenant’s use of the balance of the Premises. In any event, Landlord shall be entitled to any and all compensation, damages, income, rent, awards and any interest therein whatsoever which may be paid or made in connection therewith, and Tenant shall have no claim against Landlord for the bonus value of any unexpired Term of this Lease or otherwise; provided, however, that nothing herein shall prevent Tenant from pursuing a separate award against the taking entity, specifically for its relocation expenses or for the taking of any personal property or trade fixtures belonging to Tenant, so long as such separate award to Tenant does not diminish any award otherwise due Landlord as a result of such condemnation or taking.

ARTICLE IX
ASSIGNMENT; SUBLETTING; PROCESSING

9.1 Assignment and Subletting. Tenant shall not assign, mortgage, pledge, encumber, or hypothecate this Lease or any interest herein (directly, indirectly, voluntarily, or involuntarily, by operation of law, or otherwise) or sublet the Premises or any part thereof, or permit the use of the Premises by anyone other than Tenant without the prior written consent of Landlord first being obtained. If Tenant is a corporation, a limited liability company or a partnership, the transfer (as a consequence of a single transaction or any number of separate transactions) of fifty percent (50%) or more of the beneficial ownership interest of the voting stock of Tenant issued and outstanding

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 245 of 3061 14 as of the date hereof, the membership interests in Tenant or the partnership interests in Tenant, as the case may be, shall constitute an assignment hereunder for which such consent is required.

Further, Tenant shall not assign this Lease or sublet the Premises or any portion thereof to any corporation which controls, is controlled by or is under common control with Tenant, or to any corporation resulting from merger or consolidation with Tenant, or to any person or entity which acquires all the assets as a going concern of the business of Tenant that is being conducted on the Premises, without the prior written consent of Landlord. Any of the foregoing acts without such consent shall be void and, at the sole option of Landlord, constitute an Event of Default entitling Landlord to terminate this Lease and to exercise all other remedies available to Landlord under this Lease and at law.

A. In the event that Tenant should desire to sublet the Premises or any part thereof, or assign this Lease, Tenant shall provide Landlord with written notice of such desire at least sixty (60) calendar days in advance of the proposed effective date of such subletting or assignment. Such notice shall include: (i) the name of the proposed subtenant or assignee; (ii) the nature of business to be conducted by the proposed subtenant or assignee in the Premises; (iii) the terms and conditions of the proposed assignment or sublease including but not limited to a detailed description of all compensation in cash or otherwise which Tenant would be entitled to receive in connection with such assignment or sublease; and (iv) the most recent financial statements or other financial information concerning the proposed subtenant or assignee as Landlord may require. At any time within thirty (30) calendar days following receipt of Tenant’s notice, Landlord may by written notice to Tenant elect to: (i) terminate this Lease as to the space affected by the proposed subletting or assignment, as of the effective date of the proposed subletting or assignment; (ii) consent to the proposed subletting of the Premises or assignment of this Lease; or (iii) disapprove of the proposed subletting or assignment. Landlord may elect to terminate this Lease as to the space affected by the proposed assign or subletting in its sole and absolute discretion. If Landlord does not elect to terminate this Lease, however, Landlord shall not unreasonably withhold its consent to a proposed subletting or assignment.

B. Subject to obtaining Landlord’s consent in accordance with the requirements of Section 9.1, in order for any assignment or sublease to be binding on Landlord, Tenant must deliver to Landlord, promptly after execution thereof, an executed copy of such sublease or assignment whereby the subtenant or assignee shall expressly assume all obligations of Tenant under this Lease as to the portion of the Premises subject to such assignment or sublease.

Any purported sublease or assignment will be of no legal force or effect unless and until the proposed sublease has been consented to, in writing, by Landlord and a fully executed copy thereof has been received by Landlord.

C. Regardless of Landlord’s consent, no subletting or assignment shall release Tenant or any guarantor of Tenant, of its or their obligations, or alter the primary liability of Tenant and its guarantor(s), if any, to provide Monthly Rent and to perform all other obligations to be performed by Tenant hereunder. The acceptance of payments by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent or further assignment, subletting, hypothecation or third party use or occupancy. In the event of default by any assignee or successor of Tenant in the performance of any of the terms of this Lease, Landlord may proceed directly

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 246 of 3061 15 against Tenant and/or its guarantor(s), if any, without the necessity of exhausting remedies against said assignee or successor. Landlord may consent to subsequent assignments or subletting of this Lease or amendments or modifications to this Lease with assignees of Tenant, without notifying Tenant and/or its guarantor(s), if any, or any successor of Tenant, and without obtaining its or their consent thereto and such action shall not relieve Tenant and/or its guarantor(s), if any, or any successor of Tenant of liability under this Lease.

D. Landlord shall have the unconditional right to sell, encumber, pledge, convey, transfer, and/or assign any and all of its rights and obligations under the Lease without the consent of or notice to Tenant or any guarantor(s) of Tenant’s obligations hereunder.

9.2 Processing Fee. Tenant agrees to pay Landlord an administrative fee of One Thousand Dollars ($1,000.00) and an additional amount for reasonable attorney’s fees incurred in conjunction with the processing and document review of any requested transfer, assignment, subletting, license, or concession agreement, change of ownership, mortgage or hypothecation of the Lease or Tenant' s interest in and to the Premises

ARTICLE X
HOLDING OVER; SALE OF PREMISES; TERMINATION

10.1 No Right to Holdover. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of this Lease. If, without objection by Landlord, Tenant holds possession of the Premises after expiration of the Term, Tenant shall become a Tenant from month-to-month upon the terms herein specified, except that the monthly rent shall equal to one hundred and fifty percent (150%) of the monthly rent payable by Tenant at the expiration of the Term. In addition, Tenant shall continue to pay all other amounts due to Landlord hereunder. Each Party shall give the other notice at least one (1) month prior to the date of termination of such monthly tenancy of its intention to terminate such tenancy. If, after objection by Landlord thereto, Tenant holds possession of the Premises after expiration of the Term, Tenant shall constitute a Tenant at sufferance and without in any way waiving the wrongful holding over of the Premises by Tenant, Landlord shall be entitled to receive for each month or portion thereof during which Tenant wrongfully holds over at the Premises monthly rent equal to two hundred percent (200%) of the monthly rent payable by Tenant at the expiration of the Term together with all other amounts otherwise due to Landlord hereunder. Landlord' s receipt of increased monthly rent under this Section 10.1 shall not constitute an extension of the Term nor shall it constitute a waiver of Tenant' s wrongful holding over and shall not prejudice any other rights or remedies available to Landlord under this Lease or by law.

10.2 Sale of Premises. In the event Landlord, or any successor owner of the Premises, shall sell or convey the Premises, all liabilities and obligations on the part of the Landlord, or such successor owner, under this Lease accruing thereafter shall terminate, and thereupon all such liabilities and obligations shall be binding upon the new owner. Tenant agrees to attorn to such new owner.

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 247 of 3061 16 10.3 Early Termination of Tenancy. Notwithstanding any provision of this Lease to the contrary, Landlord reserves the right, in its sole and absolute discretion, and independent of whether or not Tenant may or may not be in default of this Lease, to terminate this Lease at any time by providing sixty (60) days advance written notice to Tenant of such termination. In such event, Tenant shall immediately surrender the Premises to Landlord. If Tenant fails to do so, Landlord may, without notice and without prejudice to any other remedy Landlord may have, enter upon and take possession of the Premises and expel or remove Tenant and its effects without being liable to prosecution or any claim for damages therefore. Tenant shall owe Landlord for all loss and damages which Landlord may suffer by reason of such failure of Tenant to vacate.

ARTICLE XI
SUBORDINATION; ESTOPPEL CERTIFICATES

11.1 Subordination. This Lease and the rights of Tenant hereunder are subject and subordinate to any ground or underlying lease and the lien of the holder of or beneficiary under a mortgage or deed of trust which now or in the future encumbers the Premises and to any and all advances made thereunder, and interest thereon, and all modifications, renewals, supplements, consolidations and replacements thereof. Tenant agrees that any ground or underlying landlord or lender may at its option, unilaterally elect to subordinate in whole or in part, such ground or underlying lease or the lien of such mortgage or deed or trust to this Lease. Such subordination or priority of this Lease, as the case may be, shall be effective without the necessity of executing any further instrument or agreement to effect such subordination or priority; provided, however, that Tenant agrees to execute, acknowledge, and deliver to Landlord upon demand any and all instruments required by Landlord or any such ground or underlying Landlord or lender evidencing the subordination or priority of this Lease, as the case may be. Tenant hereby irrevocably appoints Landlord as its agent and attorney-in-fact to execute, acknowledge, and deliver any such instruments in the name of and on behalf of Tenant if Tenant fails to so execute, acknowledge and deliver such instruments within ten (10) calendar days after written request therefore.

11.2 Estoppel Certificates. At any time and from time to time, Tenant shall execute, acknowledge and deliver to Landlord, within five (5) calendar days after request by Landlord, a certificate certifying, among other things: (i) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that this Lease is in full force and effect, as modified, and stating the date and nature of each modification); (ii) the date, if any, to which monthly rent (if applicable) and other sums payable hereunder have been paid; (iii) that no notice has been received by Tenant of any default which has not been cured except as to defaults specified in said certificate; and (iv) such other matters as reasonably may be requested by Landlord.

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 248 of 3061 17 ARTICLE XII
DEFAULT; REMEDIES; DISPUTE RESOLUTION

12.1 Default; Breach.

A. Default. A “Default” by Tenant is defined as a failure by Tenant to observe, comply with, or perform any of terms, covenants, conditions, or rules applicable to Tenant under this Lease, and shall include but not be limited to:
(1) Failure to provide the Monthly Rent set forth in Section 1.5 or other amounts owing pursuant to the terms of this Lease.
(2) Vacation or abandonment of the Premises or a disruption in services for a period time exceeding five (5) calendar days.
(3) Failure by Tenant to provide Landlord with reasonable evidence of insurance required under this Lease.
(4) Failure by Tenant to timely deliver to Landlord any instrument or assurances required pursuant to this Lease, including an estoppel certificate pursuant to Section

11.2 of this Lease.
(5) Failure by Tenant to provide Landlord with reasonable written evidence (in duly executed original form, if applicable) of compliance with Applicable Requirements and Applicable Laws when requested.
(6) Occurrence of any of the following events: (i) the making by Tenant of any general arrangement or assignment for the benefit of creditors; (ii) Tenant’s becoming a “debtor” as defined in 11 U.S. Code Section 101 or any successor statute thereto (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where possession is not restored to Tenant within thirty (30) days; or (iv) the attachment, execution, or other judicial seizure of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where such seizure is not discharged within thirty (30) days; provided, however, in the event that any provision of this Subparagraph 12.1(A)(6) is contrary to any applicable law, such provision shall be of no force or effect, and shall not affect the validity of the remaining provisions. (7) Failure of Tenant to fulfill any obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of one (1) calendar day following written notice thereof by or on behalf of Landlord to Tenant. (8) Tenant making or furnishing any warranty, representation, or statement to Landlord in connection with this Lease, or any other agreement made by Tenant for the benefit of Landlord, which is or was false or misleading in any material respect when made or furnished.

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 249 of 3061 18 (9) Assignment or sublease of this Lease or any portion of the Premises, or attempt to assign or sublease this Lease or any portion of the Premises, by Tenant in violation of Section 9.1.
(10) Tenant committing waste on the Premises.
(11) Failure of Tenant to otherwise perform, satisfy, or abide by any of the terms, covenants, conditions, or provisions of this Lease.

B. Breach. In the event that Tenant is in Default of this Lease, Landlord shall notify Tenant in writing of the nature of the Default and of the corrective action to be taken. If corrective action is not commenced within ten (10) business days after receipt of written notice and not completed within thirty (30) days thereafter, or longer, if Tenant is diligently pursing corrective action, such failure by Tenant shall constitute a “Breach,” and Landlord may pursue those remedies set forth in Section 12.2.

12.2 Remedies. On the occurrence of Tenant’s Breach of this Lease, Landlord shall have the right to pursue any one or more of the following remedies in addition to any other remedies now or later available to Landlord, either in law or equity, which remedies shall not be exclusive, but shall instead be cumulative: (i) remove all persons and property from the Premises and repossess same, in which case any and all of Tenant’s property that Landlord removes from the Premises may be stored in a public warehouse or elsewhere at the cost of, and for the account of, Tenant; or (ii) allow Tenant to remain in full possession and control of the Premises.

A. If Landlord chooses to repossess the Premises, then this Lease will automatically terminate in accordance with the provisions of California Civil Code Section 1951.

In the event of such termination of the Lease, Landlord may recover from Tenant:
(1) The worth at the time of award of the unpaid rent which had been earned at the time of termination, including interest at the maximum rate allowed by law; (2) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided, including interest at the maximum rate allowed by law; (3) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and (4) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant' s failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom.

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 250 of 3061 19 B. “The worth at the time of the award,” as used in Section 12.2(A) shall be computed by allowing interest at the maximum rate allowed by law. “The worth at the time of the award” shall be computed by discounting the amount at the discount rate of the Federal Reserve Bank at the time of the award, plus one percent (1%).

C. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, lost rents, eviction costs, attorney's fees, brokers' commissions, expenses of remodeling the Premises required by the re-letting, and like costs. Re-letting can be for a period shorter or longer than the remaining Term. Tenant shall pay to Landlord the rent due under this Lease on the dates the rent is due, unless Landlord notifies Tenant that Landlord elects to terminate this Lease. After Tenant's Default and for as long as Landlord does not terminate Tenant's right to possession of the Premises, if Tenant obtains Landlord's consent, Tenant shall have the right to assign its interest in this Lease, or sublet all or a portion of the Premises, but Tenant shall not be released from liability or its obligations under this Lease. Landlord's consent to a proposed assignment or subletting shall be as required in Section

9.1. D. If Landlord elects to re-let the Premises, then any rent that Landlord receives from re-letting shall be applied to the payment of: (i) first, any indebtedness from Tenant to Landlord other than rent due from Tenant; (ii) second, all costs incurred by Landlord in re-letting, including costs for maintenance; and (iii) third, Rent due and unpaid under this Lease.

E. After deducting the payments referred to in Section 12.2, any sum remaining from any rent that Landlord receives from re-letting shall be held by Landlord and applied in payment of future rent as rent becomes due under this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this Lease, the rent received from any re-letting is less than the rent due on that date, then Tenant shall pay to Landlord, in addition to the remaining rent due, all costs which Landlord incurred in re-letting, including without limitation maintenance, that remain after applying the rent received from the re-letting, as provided in Section 12.2.

12.3 Continuation after Breach. Even though Tenant has breached this Lease and/or abandoned the Premises, this Lease shall continue in full force and effect for so long as Landlord does not terminate Tenant’s right to possession as provided in Section 12.2 above, and Landlord may enforce all its rights and remedies under this Lease. In such event, Landlord may exercise all of the rights and remedies of a Landlord under California Civil Code Section 1951.4, or any successor statute. Acts of maintenance or preservation or efforts to re-let the Premises or the appointment of a receiver upon initiative of Landlord to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession.

12.4 Other Relief. In the event of re-entry or taking possession of the Premises, Landlord shall have the right but not the obligation to remove all or any part of the trade fixtures, furnishings, equipment, and personal property located in the Premises and to place the same in storage at a public warehouse at the expense and risk of Tenant or to sell such property in accordance with applicable law. The remedies provided for in this Lease are in addition to any

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 251 of 3061 20 other remedies available to Landlord at law or in equity, by statute or otherwise. Any amounts so expended by Landlord shall be immediately payable by Tenant.

12.5 Landlord's Right to Cure Default. All agreements and provisions to be performed by Tenant under any of the terms of this Lease shall be at its sole cost and expense. If Tenant shall fail to perform any other act on its part to be performed hereunder and such failure shall not be cured within the applicable cure period provided for herein, if any, Landlord may, but shall not be obligated so to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as provided in this Lease. All sums so paid by Landlord and all necessary incidental costs shall be on Tenant's account and shall be payable to Landlord on demand.

12.6 Dispute Resolution. Any dispute arising out of or relating to this Lease, or breach thereof, shall be first submitted to the senior management of each Party for resolution during a thirty (30) calendar day dispute resolution period. Notice must be in writing and served pursuant to Section 13.1 herein. The foregoing dispute resolution period shall run concurrently with any notice and cure periods provided for herein.

ARTICLE XIII

GENERAL PROVISIONS

13.1 Attorneys’ Fees. Should any action or proceeding be commenced by Landlord to enforce the provisions provided in this Lease, or should any litigation be commenced between the parties to this Lease concerning said Property, this Lease, or the rights and duties of either in relation thereto, the prevailing party in such litigation shall be entitled, in addition to such other relief as may be granted as the result of said litigation, to a reasonable sum for its attorneys’ fees.

13.2 Notice. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, return receipt requested, telegraphed, delivered or sent by telex, telecopy or cable and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if mailed, three (3) business calendar days after the date of posting by the United States post office, (iii) if given by telegraph or cable, one (1) business calendar day after the date delivered to the telegraph company with charges prepaid.

To Landlord: To Tenant:

City of Indio IORA Hospitality, LLC
100 Civic Center Mall 45238 Oasis Street
Indio, CA 92201 Indio, CA 92201
Attn: City Manager Attn: Justin Jenkins

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 252 of 3061 21 A. Notice of change of address shall be given by written notice in the manner detailed in this Section. Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to constitute receipt of the notice, demand, request or communication sent.

B. Tenant hereby agrees that service of notice in accordance with the terms of this Lease shall be in lieu of the methods of service specified in Section 1161 of the California Code of Civil Procedure Section 1161. The provisions of California Code of Civil Procedure Section 1013(a), extending the time within which a right may be exercised or an act may be done, shall not apply to a notice given pursuant to this Lease.

13.3 Tenant Reports. On the fifteenth (15th) day of each calendar month, during the Term hereof, Tenant shall submit to Landlord a statement in writing certified to be correct (if Tenant is a corporation, the statement shall be certified by an officer of the corporation, by an officer of Tenant) as to total gross sales, from all sources, for the proceeding calendar month.

13.4 Counterparts. This Lease may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

13.5 Captions. Any captions to, or headings of, the sections or subsections of this Lease are solely for the convenience of the parties hereto, are not a part of this Lease, and shall not be used for the interpretation or determination of the validity of this Lease or any provision hereof.

13.6 Amendment of Agreement. The terms of this Lease may not be modified or amended except by an instrument in writing executed by each of the Parties hereto.

13.7 Waiver. The waiver by Landlord or Tenant of any agreement, condition, or provision herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other agreement, condition or provision herein contained, nor shall any custom or practice which may grow up between the Parties in the administration of the terms hereof be construed to waive or to lessen the right of Landlord or Tenant to insist upon the performance by Tenant or Landlord in strict accordance with said terms. The subsequent acceptance of any payment hereunder by Landlord shall not be deemed to be a waiver of any breach by Tenant of any agreement, condition or provision of this Lease, other than the failure of Tenant to pay the particular amount so accepted. Specifically, Landlord may accept any payment from Tenant and apply same to any amount owing hereunder notwithstanding any stated intent or instruction on the part of Tenant to the contrary and without waiving or compromising any claim that such payment was less than the payment actually due from Tenant.

13.8 No Merger. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work as a merger, and shall, at the option of Landlord, terminate all or any existing subleases or sub-tenancies, or may, at the option of Landlord, operate as an assignment to it of any or all such subleases or sub-tenancies.

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 253 of 3061 22 13.9 Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of California.

13.10 Fees and Other Expenses. Except as otherwise provided herein, each of the Parties shall pay its own fees and expenses in connection with this Lease, including any permit or license fees which Tenant may be required to obtain pursuant to its occupancy.

13.11 Authority to Execute Agreement. Landlord and Tenant represent and warrant that the individuals who have signed this Lease have the legal power, right and authority to enter into this Lease so as to bind each Party for whom they sign to perform as provided herein.

13.12 Successors and Assigns. This Lease shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. Tenant shall be responsible for the acts or omissions of its subtenant(s), if any.

13.13 Incorporation of Exhibits. Each of the Exhibits to this Lease are incorporated by reference as though fully set forth herein.

13.14 Entire Agreement. This Lease supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Tenant and Landlord as to the subject matter hereof. No subsequent agreement, representation, or promise made by either Party hereto, or by or to any employees or agents of either Party shall be of any effect unless it is in writing and executed by the party to be bound thereby. (Signatures on following page)

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 254 of 3061 IN WITNESS WHEREOF, the Parties hereto have executed this Lease as of the calendar day and year written below.

LANDLORD:

CITY OF INDIO, a California
municipal corporation
By: ____________________________
Bryan H. Montgomery
City Manager

Date: __________________________
ATTEST:

By: _____________________________
Cynthia Hernandez
City Clerk

Date: ___________________________
APPROVED AS TO FORM:

By: ____________________________
Steven P. Graham
City Attorney
TENANT:

IORA Hospitality, a Limited Liability
Corporation
By: ____________________________
Justin Jenkins
Member
Date: ___________________________

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 255 of 3061 2 EXHIBIT “A”
Premises

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 256 of 3061 3 EXHIBIT “B”
General Rules and Regulations

1. Business shall operate at a minimum of five (5) days per week.

2. All floor areas of the Premises (including vestibules, entrances and air returns), doors, fixtures, windows, and plate glass shall be maintained by Tenant, in a clean, safe and good condition.

3. All trash, refuse and waste materials shall be stored in adequate containers, approved by Landlord and regularly removed from the Premises. These containers shall not be visible to the general public and shall not constitute a health or fire hazard or nuisance to any tenant. In the event that any tenant shall fail to remedy such a health or fire hazard or nuisance within five (5) days after written notice by Landlord, Landlord may remedy and/or correct such health or fire hazard or nuisance at the expense of Tenant.

Tenant must obtain a separate temporary dumpster to receive its move-in merchandising debris, and construction debris from any tenant improvements or alterations. Should it be necessary for Landlord to have Tenant's solid or liquid rubbish cleaned up, the cost for such cleaning shall be charged back to Tenant along with an administrative fee of fifteen per cent (15%).

4. No portion of the Premises shall be used for lodging purposes. No cooking is allowed on the Premises unless Tenant is a restaurant.

5. Neither sidewalks nor walkways shall be used to display, store or place any merchandise, equipment or devices, except in connection with sidewalk sales held with Landlord's prior written approval in each instance.

6. No public telephone, newsstand, shoeshine stand, refreshment, vending or other coin operated machine shall be installed or placed on the sidewalk or walkway area adjacent to the Premises or on the Common Facilities without Landlord's prior written approval in each instance. No public telephones are allowed within or outside of the Premises (other than Landlord provided public telephones).

7. No person or persons shall use the Premises, or any part thereof, for conducting therein a second-hand store, auction, distress or fire sale or bankruptcy sale, or "going out of business" sale or "lost our lease" sale, without Landlord's prior written consent in each instance.

8. No portion of the Premises shall be used for the storage of any merchandise, materials or other properties, other than those reasonably necessary for the operation of Tenant's business. Landlord may, from time to time, inspect the Premises to ensure compliance with the foregoing provisions.

9. No display areas of the Premises shall be left vacant, and Tenant shall not black out or otherwise obstruct the windows of the Premises, without Landlord's prior written consent. Signs in the windows may be limited and must be approved by the Landlord in writing.

10. Landlord shall have the absolute right to enter upon the Premises to perform such cleaning and clearing of the pipes and drains servicing the Premises (including rotorooter service), and any grease traps and exhaust systems servicing the Premises, as Landlord shall deem necessary.

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 257 of 3061 4 11. If Tenant shall operate a carry-out food operation, including food and/or soft drink vending machines as well as any ice cream store, Tenant shall pay Landlord for all sidewalk and walkway cleanup work (including without limitation steam cleaning), that Landlord shall determine is necessary to preserve the sanitation, cleanliness and clean appearance of the Center. Tenant shall pay Landlord on an estimated month basis, adjusted annually, and will be responsible for a cleanup of not less than one hundred feet (100') in radius from the entrance(s) to the Premises.

12. The sidewalks, exits and entrances shall not be obstructed by Tenant or used by it for any purpose other than for ingress to and egress from the Premises.

13. Tenant shall not alter any lock or install any new or additional locks or any bolts on any door of the Premises without the prior written consent of Landlord (except as to safes and vaults of the Tenant). Installation of floor safes will require prior written approval by Landlord and must remain with the Premises at termination.

14. The toilet rooms and urinals, wash bowls and other apparatus therein shall not be used for any purpose other than that for which they were constructed and no foreign substance of any kind whatsoever shall be placed therein. The expense of any breakage, stoppage or damage resulting from the violation of this rule shall be borne by the Tenant who, or whose employees, invitees, contractors or agents, shall have caused it.

15. Tenant shall not use, keep or permit to be used or kept, any noxious gas or substance in the Premises, or permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Premises by reason of noise, odors, and/or vibrations, or interfere in any way with other tenants or those having business therein. Tenant shall not make or permit to be made any loud or disturbing noises or disturb or interfere with neighbors’ use and enjoyment of their property, whether by the use of any musical instrument, radio, television, video or audio recording, shouting, or in any other manner. Tenant shall not throw anything out of doors.

16. Landlord will direct electricians as to where and how electrical, telephone, television and cable wires are to be introduced to the Premises. No boring or cutting for wires will be allowed without the prior consent of Landlord. The location of telephone call boxes and other office equipment in the Premises shall be subject to the approval of Landlord. All such consents and approvals by the Landlord must be in writing.

17. Tenant shall be responsible for assuring that doors to the Premises are not left unlocked during non-business hours, except while moving furniture or other items in or out of the Premises.

18. Landlord reserves the right to exclude or expel from the Premises any person who, in the judgment of Landlord, is intoxicated or under the influence of liquor or drugs, or is violating the rules and regulations of the Premises.

19. The requirements of Tenant will be attended to only upon application to Landlord’s designated property manager. Employees of Landlord shall have no obligation to perform any work for Tenant or do anything outside their regular duties for Tenant unless under special instructions from Landlord, and no employee shall have any obligation to admit any person (Tenant or otherwise) to any office of Landlord without specific instruction from Landlord.

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 258 of 3061 5 EXHIBIT “C”
Schedule of Performance
To be included prior to the execution of the agreement

A Commercial Lease Agreement with IORA Hospitality, LLC, doing business ... Page 259 of 3061 City of Indio
City Council
December 6, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Construction contract with LC Paving and Sealing, Inc., in an amount not-toexceed $437,900 for the FY 23/24 ADA Curb Ramp Replacement Project (Project No. ST2402)
RECOMMENDATION:

Approve the project plans and specifications for the FY 23/24 ADA Curb Ramp Replacement Project (Project No. ST2402); and award a construction contract to LC Paving and Sealing, Inc., in an amount not-to-exceed $437,900.

SUMMARY:

On October 26, 2023, staff received six (6) construction bids for the FY 23/24 ADA Curb Ramp Replacement Project (Project No. ST2402). After thorough bid analysis and due diligence, staff determined that LC Paving and Sealing, Inc. is the lowest bidder per the bid opening.

BACKGROUND INFORMATION:

The project consists of the removal and replacement of 48 curb ramps to bring them into compliance with current ADA standards. Work will include removal of existing concrete ramps, sidewalk, AC pavement, concrete pavement/cross-gutters, fine grading and compaction, construction of new curb ramps, sidewalk, AC pavement, concrete pavement/cross-gutters, traffic control and resident/business notifications.

Work will be done in two (2) residential neighborhoods. The first one is located north of Avenue 44, east of Monroe Street, and west of Jackson Street, also known as the Kenner Street Neighborhood.

The second one is located north of Avenue 45, east of Jackson Street, and south of Avenue 44, also known as the Jewel Tract Neighborhood.

The project was advertised on October 4, 2023. The City received and opened bids on October 26, 2023. A total of six (6) sealed bids were received. A summary of the bids received is provided below.

Proposer Name Location Total
Bid
LC Paving & Sealing, Inc. Escondido, CA $437,900
Onyx Paving Anaheim, CA $444,000
Jacobsson Engineering Construction, Inc. Palm Desert, CA $467,875 AGENDA ITEM #13.10
Construction contract with LC Paving and Sealing, Inc., in an amount not... Page 260 of 3061 Proposer Name Location Total
Bid
LCR Earthwork & Engineering Const. Inc. Jurupa Valley, CA $492,600 Universal Construction and Engineering Palm Desert, CA $492,972 Leonida Builders, Inc. Acton, CA $560,000
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 LC Paving and Sealing, Inc. The company is appropriately licensed and qualified to perform the work within the project specifications. Staff recommends awarding the contract to LC Paving and Sealing, Inc.

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 also approve the project bid documents, which are on file in the Department of Public Works. The Engineer’s construction cost estimate was $450,000.

Construction is scheduled to take place from January to March 2024.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$437,900 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: CDBG Fund Fund-Org-Object
Reference:
230-523006
Additional Financial Details:

The FY 23/24 Capital Improvement Program budget included sufficient funds for this project.

ATTACHMENTS:

Attachment 1 - Project Location Map
Attachment 2 - City Contract w/ LC Paving and Sealing, Inc.

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 29 Nov 2023 Jillian Martins, Assistant City Attorney Approved - 29 Nov 2023 Glendale Berdan, Accountant Approved - 29 Nov 2023
Bryan H. Montgomery, City Manager Approved - 30 Nov 2023

Construction contract with LC Paving and Sealing, Inc., in an amount not... Page 261 of 3061 ATTACHMENT 1
Project Location Map

Construction contract with LC Paving and Sealing, Inc., in an amount not... Page 262 of 3061 ¨¦§10
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Kenner Ave
Crest Ave
Adobe Rd
S
ola St
K ni g
St
Ma ni St
Ocotillo Ave
Oasis St
S
murr St
To
wne St
Arab ai St
Orangegrove Ave
Lemon Grove Ave
El Paseo Ave
Cactus St
Oleander Ave
Yucca St
Sagebrush St
Deglet N
o
or St
Smoke Tree Ave
Mountain View Ave
Access R
d
Verbena Ave
Market St
Saguaro
St
Junipero Dr
Market Ct
Whitsett
Gro
ve St
Saguaro Gate
Crest Ave
Oleander Ave
Arab ai St Arab ai St
Yucca St
S
ola St
To
wne St
Deglet N
o
or St
Mountain View Ave
Avenue 44
M
o
nro
e
St
J
a
c
k
s
o
n
St
Indio Blvd
Fred War ing
Dr

CDBG-FUNDED CURB RAMP REPLACEMENT

KENNER NEIGHBORHOOD
LEGEND
24 - CASE C
12 - CASE A
J

W
JEWEL
EJEWEL
A
l
l
e
y
DillonAve
RubyAve
Palo Verde St
B
o
n
i
t
a
L
n
EmeraldAve
LupineAve
Ve
r
b
e
n
a
L
n
S
o
n
o
r
a
A
v
e
Tourmaline Ave
Jewel St
M
a
r
k
e
t
S
t
Serrano Ln
TourmalineAve
EmeraldAve
Serrano Ln
Jackson St

CDBG-FUNDEDCURBRAMPREPLACEMENT

JEWELTRACTNEIGHBORHOOD
LEGEND
5-CASEC
J
7-CASEA

ATTACHMENT 2

CONTRACT

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City Project: ST2402 City of Indio Public Works

CONTRACT

CITY OF INDIO CONTRACT FOR
23/24 ADA CURB RAMP REPLACEMENT PROJECT
PROJECT NUMBER: ST2402
THIS CONTRACT (“Contract”) is made and entered this 6th day of December, 2023(“Effective Date”), by and between the CITY OF INDIO, a California municipal corporation (“City”) and LC Paving & Sealing, Inc., a California corporation, (“Contractor”). Contractor’s California State Contractor’s license number is 621610; Class A, B, C-12. Contractor’s DIR registration number is 100004325.

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 ADA Curb Ramp Replacement 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 four hundred thirty-seven thousand, nine hundred dollars ($437,900) 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. Funding. Contractor and Owner do hereby acknowledge that this project will be partially or fully funded with Community Development Block Grant (CDBG) funds [24 CFR 570] and is therefore subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations.

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City Project: ST2402 City of Indio Public Works

7. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply. Contractor shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC a-276, a-5) and the implementation regulations issued pursuant thereto (29 CFR Section 1, 5) and any amendments thereof. Pursuant to the said regulations.

Contractor shall comply with the U.S. Department of Housing and Urban Development’s Federal Labor Standards Provisions (HUD 4010).

Contractor shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, the State of California, the Federal government, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.

Contractor acknowledges that work under this contract is subject to the payment of prevailing wages pursuant to Section 1770 and 1773 et seq. of the Labor Code of the State of California, the Director of Industrial Relations (State Prevailing Wages), and the U.S. Department of Housing and Urban Development’s Federal Labor Standards Provisions (Davis-Bacon Act Prevailing Wages). The Contractor to whom the contract is awarded, and all subcontractors under him, shall pay the higher of the Federal or State prevailing wage rate for any given classification employed in the performance of this contract.

Contractor acknowledges that the applicable Wage Determination for this project is:

General Decision Number: CA20230025
Modification Number: 9
Date: 09/08/2023

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

9. Section 3 Compliance. The Contractor hereby acknowledges that this federally funded project is subject to Section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701u and 24 CFR Part 75] and agrees to the following:

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City Project: ST2402 City of Indio Public Works
A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations.

C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice.

The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75.

E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 75.

F. Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract.

Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section7(b).

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City Project: ST2402 City of Indio Public Works

10. Additional Federal Requirements. Whereas, the work under this Agreement is subject to applicable Federal, State, and local laws and regulations, including but not limited to the regulations pertaining to the Community Development Block Grant program (24 CFR Part 570) and the Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200). Contractor, sub-contractors, Consultants, and subconsultants agree to comply with, and are subject to, all applicable requirements as follows:

A. Equal Employment Opportunity - Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). The Contractor/Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor/Consultant will ensure that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor/Consultant will take affirmative action to ensure that applicants are employed and the employees are treated during employment, without regard to their race color, religion, sex, or national origin. Such actions shall include, but are not limited to, the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor/Consultant agrees to post in a conspicuous place, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this non-discriminating clause.

B. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c: All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland “AntiKickback” Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD.

C. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7: When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction”). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination.

The recipient shall report all suspected or reported violations to HUD.

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City Project: ST2402 City of Indio Public Works
D. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333:

Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

E. Rights to Inventions Made Under a Contract or Agreement— Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD.

F. Rights to Data and Copyrights – Contractors and consultants agree to comply with all applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27.4, Federal Acquisition Regulations (FAR).

G. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended—Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA).

H. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)— Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

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I. Debarment and Suspension (E.O.s 12549 and 12689)—No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension,” as set forth at 24 CFR part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.

J. Drug-Free Workplace Requirements— The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F.

K. Access to Records and Records Retention: The Consultant or Contractor, and any sub-consultants or sub-contractors, shall allow all duly authorized Federal, State, and/or County officials or authorized representatives access to the work area, as well as all books, documents, materials, papers, and records of the Consultant or Contractor, and any sub-consultants or sub-contractors, that are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions. The Consultant or Contractor, and any sub-consultants or subcontractors, further agree to maintain and keep such books, documents, materials, papers, and records, on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles.

All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.

L. Federal Employee Benefit Clause: No member of or delegate to the congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise from the same.

M. Energy Efficiency: Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871).

N. Procurement of Recovered Materials (2 CFR 200.322.) A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

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City Project: ST2402 City of Indio Public Works

11. 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.

12. 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.

13. 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.

14. 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.

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City Project: ST2402 City of Indio Public Works
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written.

CITY OF INDIO
By:

Oscar Ortiz, Mayor
ATTEST: APPROVED AS TO FORM:

By: By:

Cynthia Hernandez, CMC, City Clerk Steven Graham, City Attorney Dated:
(“CONTRACTOR”)
By:

By:

LC Paving and Sealing, Inc.

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City Project: ST2402 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: ST2402 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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PERFORMANCE BOND
Bond No.

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 waive notice of any such change, extension of time, alteration or addition to

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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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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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City Project: ST2402 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 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 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)

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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 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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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)

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City Council
December 6, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Amendment 1 to the existing Streambed Alteration Agreement and Amendment No. 11 to the existing Professional Services Agreement with T.Y. Lin International in an amount not-to-exceed $278,787 for additional consulting services related to the final design for the Avenue 44 Bridge over the Coachella Valley Stormwater Channel (Project No. BR1101) RECOMMENDATION:

Approve Amendment 1 to the Streambed Alteration Agreement and Amendment No. 11 to the existing Professional Services Agreement with T.Y. Lin International in an amount not-to-exceed $278,787 for additional consulting services related to the final design for the Avenue 44 Bridge over the Coachella Valley Stormwater Channel (Project No. BR1101).

SUMMARY:

On May 15, 2014, the City Council approved an Agreement with T.Y. Lin International for Professional Services for the design and preparation of construction documents for a new bridge along Avenue 44, over the Coachella Valley Stormwater Channel (Channel). The City Council also approved a Streambed Alteration Agreement with the California Department of Fish and Wildlife (CDFW) on February 3, 2021, to mitigate impacts to the CDFW jurisdictional waters. Since this approval, project scope changes led to additional impacts to the CDFW jurisdictional waters. This Amendment No. 11 will authorize T.Y. Lin International (T.Y. Lin) to provide additional services to update the final plans and specifications to reflect the latest California Department of Transportation (Caltrans) Standards and resurvey the Channel to reflect the new conditions post Tropical Storm Hilary. In addition, the Amendment will authorize T.Y. Lin to support the City in mitigating the additional project impacts to the CDFW jurisdictional waters.

BACKGROUND INFORMATION:

In November 2022, the City submitted final plans to the Coachella Valley Water District (CVWD) for approval and permitting. During this period, Caltrans notified the City that all federally funded projects that request construction authorization after April 1, 2023, will need to be updated to the latest Caltrans Standards.

In addition, on August 20, 2023, the Coachella Valley experienced immense flooding caused by Tropical Strorm Hilary. This storm washed out the existing low water crossing along Avenue 44.

Rather than continue to rebuild the low water crossing, the City has been working with Caltrans to authorize construction so that the City can begin construction of the bridge. This approach AGENDA ITEM #13.11
Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 283 of 3061 presented an added benefit of reducing the amount of roadway removals that the bridge contractor would need to perform. In order to reflect this accurately during bidding, the designer will need to resurvey the channel and update the removal quantities.

Once these two changes have been incorporated, the project will be ready to advertise for bids.

In addition, during the project development, in order to reduce impacts to the CDFW jurisdictional waters, the City proposed installing dirt ramps into the channel to provide CVWD with channel access post bridge construction, similar to the dirt access ramps currently existing in the channel near the Jackson Street Bridge. However, during final design, CVWD required that the access ramps be concrete and constructed monolithic with the channel slope lining. This increased impacts to the CDFW jurisdictional waters.

To mitigate these additional impacts, CDFW has required that the City conserve 1.34 acres of streambed tributary to the Whitewater River. The City has identified potential mitigation land that will need to be accepted by CDFW and the landowner. T.Y. Lin and their project team will support the City in having this land approved, identify a conservation land manager, and other scope as required by the proposed amendments to the City’s Streambed Alteration Agreement.

Staff has reviewed the proposed changes to the Streambed Alteration Agreement and recommends the City Council approve the additional mitigation measures.

Staff has reviewed and negotiated the additional scope and fee with T.Y. Lin associated with these changes and believe that the City is receiving a fair and reasonable price.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$278,787 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: Various - See Financial Analysis Fund-Org-Object Reference:

Various - See Financial
Analysis
Additional Financial Details:

The City has approximately $61,000 of funds available from the federal Highway Bridge Program budget authorized for the Preliminary Engineering phase of this project. In addition, the City has an agreement with the Coachella Valley Association of Governments (CVAG) to fund 75% of the City’s local share since the widening of Avenue 44 is on the regional Transportation Project Prioritization Study. The City’s share is budgeted under Measure A. A full budget breakdown is outlined below:

Source Amount
Federal Share $ 61,000
Local Share $217,787

CVAG Share (75% Local) $163,340
City Share (Measure A) $ 54,447

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 284 of 3061

Total $278,787
These costs are budgeted in the FY 23/24 Capital Improvement Program.

Once the project has been advertised, City Staff will request additional funding from the federal Highway Bridge Program to fully fund the Preliminary Engineering phase of the project.

ATTACHMENTS:

Attachment 1 - Project Location Map
Attachment 2 - Amendment No. 11 w/ T.Y. Lin International Attachment 3 - Amendment No. 1 w/ Streambed Alteration Agreement APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 28 Nov 2023 Jillian Martins, Assistant City Attorney Approved - 28 Nov 2023 Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 30 Nov 2023 Bryan H. Montgomery, City Manager Approved - 30 Nov 2023

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 285 of 3061 ATTACHMENT 1

PROJECT LOCATION MAP

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 286 of 3061

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 287 of 3061 ATTACHMENT 2
AMENDMENT 11 WTIH T.Y. LIN INTERNATIONAL

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 288 of 3061 BR1101 Avenue 44 Bridge over the Coachella Valley Storm Water Channel 11TH AMENDMENT TO

AGREEMENT

BY AND BETWEEN

THE CITY OF INDIO

A CALIFORNIA MUNICIPAL CORPORATION
AND
T.Y. LIN INTERNATIONAL

A CALIFORNIA CORPORATION
DATED: DECEMBER 6, 2023
Form Approved 2/17/2023
11TH AMENDMENT TO AGREEMENT

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 289 of 3061 BR1101 Avenue 44 Bridge over the Coachella Valley Storm Water Channel This Amendment to the Agreement for Professional Services is made and entered into as of this 6th day of December, 2023, by and between the City of Indio (“City”), a California municipal corporation and T.Y. Lin International, a California Corporation (“Consultant”). City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Consultant entered into an agreement entitled “Agreement for Professional Services” dated May 15, 2014, as amended by Amendment 1 on April 3, 2017, Amendment 2 on November 29, 2018, Amendment 3 on December 12, 2018, Amendment 4 on June 19, 2019, Amendment 5 on August 21, 2019, Amendment 6 on January 6, 2021, Amendment 7 on March 17, 2021, Amendment 8 on October 20, 2021, Amendment 9 on June 1, 2022, and Amendment 10 on May 8, 2023, (“Agreement”) for the purpose of retaining services of Consultant to provide preliminary design and environmental clearance, final design, and design services during construction for the Avenue 44 Bridge over the Coachella Valley Storm Water Channel, City Project No. BR1101, Federal Project No. BRLKS-5275(024).

B. Pursuant to Section 47 of the Agreement, the Parties desire to amend the Agreement to revise the Scope of Work and increase the not-to exceed compensation amount.

C. Section 4(a) of the Agreement provides that the Compensation shall not exceed Two Million, One Hundred Sixty-One Thousand, Five Hundred Seventy-Four Dollars and Five Cents ($2,161,574.05).

D. This Amendment amends Section 4(a) to provide that the Compensation shall not exceed Two Million, Four Hundred Forty Thousand, Three Hundred Sixty-One Dollars and Five Cents ($2,440,361.05).

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Amendment which modifies and amends the Agreement as follows:

1. AMENDMENT. The Agreement is hereby modified and amended as follows:

1.1 [SCOPE OF WORK]. Section 1 of the Agreement is hereby amended as follows:

Subject to the provisions of Section 1 “Consultant’s Scope of Work,” the Agreement shall be amended to expand the Scope of Work for Phase II to include the additional services as described in Exhibit A, attached to this Amendment 11, and incorporated by this reference as though set forth in full.

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 290 of 3061 BR1101 Avenue 44 Bridge over the Coachella Valley Storm Water Channel

1.2 [COMPENSATION]. Section 4(a) of the Agreement is hereby amended to increase the Not to Exceed Amount to Two Million, Four Hundred Forty Thousand, Three Hundred Sixty-One Dollars and Five Cents ($2,440,361.05), as more particularly described in Exhibit A. The method of payment for the services provided under this Amendment 11 shall be lump sum for the services actually provided.

2. MANDATORY INVOICE INFORMATION/NOTICES.

Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.

On invoices submitted to the City, Consultant shall identify at the top of the first page, the Agreement’s not to exceed amount, the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice.

3. REMAINDER UNCHANGED. Except as specifically modified and amended in this Amendment, the Agreement remains in full force and effect and binding upon the Parties.

4. INTEGRATION. This Amendment consists of pages 1 through 16, inclusive, which constitute the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements, including written or verbal communications between the Parties with respect to all or any part of the transaction discussed in this Amendment.

5. SEVERABILITY. If any portion of this Amendment is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6. EFFECTIVE DATE. This Amendment shall not become effective until the date it has been executed by the appropriate authorities of the City and Consultant.

7. APPLICABLE LAW. The laws of the State of California shall govern the interpretation and enforcement of this Amendment.

8. REFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Amendment. [SIGNATURE PAGE FOLLOWS]

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 291 of 3061 BR1101 Avenue 44 Bridge over the Coachella Valley Storm Water Channel IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the Agreement on the date and year first written above.

CITY OF INDIO
___________________________

BRYAN MONTGOMERY
City Manager
ATTEST:

CITY CLERK
By: ___________________________
Sabdi Sanchez, City Clerk Administrator
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________
Steven Graham, City Attorney

CONSULTANT
T.Y. LIN INTERNATIONL
F.R. CLARK FERNON, PE
Vice President

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 292 of 3061 BR1101 Avenue 44 Bridge over the Coachella Valley Storm Water Channel

EXHIBIT A

CONSULTANT SCOPE OF WORK AND FEE PROPOSAL

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 293 of 3061 Amendment No. 11
October 2023
AVENUE 44 BRIDGE AT COACHELLA VALLEY STORMWATER CHANNEL Indio, California
This Amendment No.11 to the Agreement for Professional Services between the City of Indio and T.Y. Lin International, dated May 15, 2014, provides for the Post Final PS&E services to update the project base map and Bridge and Civil Plans, Specifications, and Estimate for the Caltrans 2023 Standards.

TY Lin Scope of Work for Updating the PS&E Package:
 Review and update references to Caltrans Standard Plans on all roadway plans.  Review and update references to Caltrans Standard Specifications in roadway specifications.
 Update project base map for the new topo, update all references, and re-tie the old and new contours.
 Update earthwork calculations for the updated topo.
 Update removal quantities and details for the washed-out roadway.  Replace/update OG line on all cross sections in slope paving plans.  Remove the pipes crossing below the GCS and extend the notch above it to the full width.
 Update references to the Caltrans Standard Plans 2023 on all bridge plans.  Update Bridge Special Provisions for the 2023 Caltrans Standards.  Update the Avoidance and Minimization requirements in the project specifications for the revised measures in CDFW Streambed Alteration Agreement.  Update Bid Schedule for revised quantities.
 Perform QA/QC of final Plans.

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 294 of 3061  Submit the updated PS&E to the city for review.
 Respond to one round of comments from the city.
 Submit PDF and Mylar for the Post-Final PS&E package.

MSA Scope of Work (see attached for additional details):
 Field Survey – Provide updated cross sections at 50-foot intervals along Avenue 44 from Circle Drive to Aztec Street, field locating all existing and visible surface utilities.  Update Aerial Mapping – Set targets and tie in control for updated aerial photogrammetry.
 Update DTM Surface – Using the updated aerial mapping and cross sections, generate updated DTM surface of the project site.
 Update Exhibits & Deliverables – Generate updated topographic exhibit incorporating the updated topographic information overlayed on the previously prepared base mapping. Exhibits will be delivered in both PDF and ACAD formats.

Exclusions:

Additional submittals to CVWD, additional reviews by CVWD, response to comments from CVWD, changes to the project plans for CVWD re-approval, or meetings with CVWD will not be required because of the above-mentioned updates and not included in this amendment.

Project Management:

Additional Project Management time and efforts will be required to continue with coordination with PDT and the City, for preparation of amendments and schedule / budget control.

Please see the attached Fee proposal for completing the above listed additional scope of work.

Thank you for the opportunity of working with the City of Indio on successful completion of this project and please let me know if I can answer any questions.

Sincerely,
Roya Golchoobian, PE
Vice President

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 295 of 3061 OH Rate = 153.34
Fee = 10% Roya G Jeff B Yi W
Raw Labor $113.29 $89.13 $54.12
Loaded Rate $315.71 $248.38 $150.82
Task
Updates to PS&E OPC MSA LSA TYLI
Survey - Xsections, DTM Updates 20 $34,946 $4,968
100% Design Plans Updates 40 90 48 $42,222
100% Specifications Updates 32 16 $14,077
100% Updates to Quantities, Bid Schedule, EE 32 36 $19,044 QA/QC 24 24 $13,538
PM 40 $12,628
Subtotal 168 186 48 $0 $34,946 $0 $106,478
Total Amendment
AVENUE 44 BRIDGE AT COACHELLA VALLEY STORMWATER CHANNEL AMENDMENT-11
October 2023
Updates to PS&E
402 $141,424

HOURS FEE

SUBTOTAL
TYLI

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 296 of 3061 34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com March 9, 2023
T.Y. Lin International
3633 East Inland Empire Boulevard, Suite 900
Ontario, CA 91764
Attn: Roya Golchoobian, PE
Subject: Proposal for Additional Survey Services (RFP 1870) Ave 44 Low Crossing Replacement – Indio, CA
Dear Roya Golchoobian:

MSA Consulting, Inc. (MSA) is pleased to provide you with this proposal for Additional Survey Services related to the Ave 44 Low Crossing Replacement Project, in the censusCity of Indio (City); as shown on the exhibit attached.

Our proposal is based upon the information provided to us, and our knowledge of the standards and requirements of the City of Indio.

The Scope and Fee described in this proposal shall be valid until March 30, 2024.

Scheduling for the Work will commence upon receipt of a signed copy of a Professional Service Agreement, which will serve to acknowledge approval of the terms contained herein.

We hope the attached scope and fee are consistent with your requirements. We appreciate the opportunity to offer our services and would be pleased to answer any questions you might have.

Very truly yours,
Luke R. Beverly, PLS
Vice President / Director of Survey and Mapping
MSA Consulting, Inc.

LB:br
Enclosures
Exhibit “A” – Scope of Work
Exhibit “B” – Compensation
Project Area Exhibit
Hourly Fee Schedule
R:\2240\Documents\Proposals\1870 Additional Surveying\lb_T.Y. Lin International_Additional Survey Services_Ltr_09.19.23.docx Via Electronic Mail

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 297 of 3061 Proposal for Additional Survey Services (RFP 1870)
Ave 44 Low Crossing Replacement – Indio, CA

March 9, 2023
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com EXHIBIT “A” – SCOPE OF WORK
MSA (Consultant) proposes to perform the following tasks:

2.4.1. Field Survey – Updated Cross sections
Provide updated cross sections at 50-foot intervals along Avenue 44 from Circle Drive to Aztec Street. Includes field locating all existing and visible surface utilities.

2.4.2. Updated Aerial Mapping
MSA to set targets and tie in control for updated aerial photogrammetry. Aerial photogrammetry will be performed by a subconsultant (Inland Aerial Surveys, Inc.).

2.4.3. Updated DTM Surface
Using the updated aerial mapping and cross sections, generate updated DTM surface of the project site.

2.4.4. Updated Exhibit & Deliverable
Generate updated boundary topographic exhibit incorporating the updated topographic information overlayed on the previously prepared base mapping. Exhibit to be delivered in both PDF and ACAD formats.

1.1. Reproduction
Reproduction expenses include in-house reproduction of maps, applications and supporting documents related to the additional survey services.

1.2. Inland Aerial Surveys, Inc.

Subconsultant will fly, photograph and map the site for production of topographic mapping at 1”=40’ scale and produce a base map with 1 ft. contour intervals in digital format.

CLIENT RESPONSIBILITIES and ASSUMPTIONS
The following has been taken into consideration in the preparation of this proposal:

1. Prevailing Wage rates are in effect.

2. Client, or authorized representatives, will be available to:
▪ Provide direction to MSA, as necessary.
▪ Provide full access to property, as necessary.
▪ Pay all processing deposits and fees.
▪ Provide signatory on all application forms and permits. ▪ Retain other technical consultants as needed for the projects. ▪ Obtain all permits required by the City/Agencies.
▪ Provide any necessary information, including, but not limited to: digital files, plans, maps, Title Reports, etc.

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 298 of 3061 Proposal for Additional Survey Services (RFP 1870)
Ave 44 Low Crossing Replacement – Indio, CA

March 9, 2023
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com

EXCLUSIONS
Consulting services not specifically listed in the scope above are excluded from the agreement. Additional services, if required, may be provided by MSA or other consultants under a separate written proposal with additional fees as approved by the Client.

Examples of these include:

1. All permits and fees

2. Utility research services

3. Engineering Improvement Plans

4. Environmental Plans

5. Construction Staking

6. Details/Schedules

7. Specifications

8. Monumentation

9. Record of Surveys

10. Corner Records

11. Survey Services; other than included herein

12. Preparation of Grant Deeds and/or Grant of Easements

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 299 of 3061 Proposal for Additional Survey Services (RFP 1870)
Ave 44 Low Crossing Replacement – Indio, CA

March 9, 2023
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com EXHIBIT “B” – COMPENSATION
Client agrees to compensate Consultant for such services as follows. Except where identified as hourly, costs represent a fixed fee to be billed monthly on a percent complete basis. Reimbursable expense will be billed at cost-plus.

Task/Description Fee
Field Survey and Design Level Mapping ........................................... $30,845.20

2.4.1. Field Survey – Updated Cross sections ..................................$18,402.13

2.4.2. Updated Aerial Mapping............................................................$6,395.71

2.4.3. Updated DTM Surface ..............................................................$1,401.13

2.4.4. Updated Exhibit & Deliverable...................................................$4,646.23 Other Direct Expenses .......................................................................... $4,100.00

1.1. Reproduction................................................................................$100.00

1.2. Inland Aerial Surveys, Inc..........................................................$4,000.00 Total – All Tasks ...................................................................................... $34,945.20

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 300 of 3061

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 301 of 3061

CURRENT HOURLY BILLING RATES
April 1, 2023

CLASSIFICATION HOURLY RATES
Principal Engineering Services
Principal Engineer...................................................................................................................................................................$250.00 Planning Services
Director of Planning.................................................................................................................................................................. 240.00 Planner / Designer ................................................................................................................................................................... 170.00 Planner / Project Manager ....................................................................................................................................................... 155.00 CADD Technician..................................................................................................................................................................... 140.00 Assistant Planner..................................................................................................................................................................... 130.00 Environmental Services
Director of Environmental Services .......................................................................................................................................... 210.00 Environmental Planner / GIS Specialist.................................................................................................................................... 170.00 Environmental Planner............................................................................................................................................................. 140.00 Assistant Environmental Planner ............................................................................................................................................. 130.00 Landscape Architecture Services
Studio Director – Landscape.................................................................................................................................................... 220.00 Senior Project Architect – Landscape ...................................................................................................................................... 190.00 Senior Project Manager – Landscape ...................................................................................................................................... 180.00 Senior Project Designer – Landscape...................................................................................................................................... 175.00 Project Architect – Landscape ................................................................................................................................................. 165.00 Project Manager – Landscape ................................................................................................................................................. 170.00 Project Designer – Landscape ................................................................................................................................................. 155.00 Associate Project Manager – Landscape................................................................................................................................. 150.00 Associate Project Designer – Landscape................................................................................................................................. 145.00 CADD Designer – Landscape .................................................................................................................................................. 135.00 Administrative Assistant........................................................................................................................................................... 110.00 Survey Services
Director of Surveying and Mapping .......................................................................................................................................... 220.00 Survey Manager....................................................................................................................................................................... 200.00 Survey Project Manager ...........................................................................................................................................................................200.00 Senior Surveyor ....................................................................................................................................................................... 185.00 Chief of Parties ....................................................................................................................................................................... 180.00 Survey Technician II ............................................................................................................................................................... 170.00 Survey Technician I ................................................................................................................................................................. 140.00 One-Man Survey Crew (Field).................................................................................................................................................. 180.00 One-Man Survey Crew (Prevailing Wage)................................................................................................................................ 200.00 Two-Man Survey Crew............................................................................................................................................................. 285.00 Two-Man Survey Crew (Prevailing Wage)................................................................................................................................ 315.00 Three-Man Survey Crew .......................................................................................................................................................... 365.00 Three-Man Survey Crew (Prevailing Wage) ............................................................................................................................. 400.00 Utility Services / Construction Administration
Utility Manager ......................................................................................................................................................................... 180.00 Utility Coordinator ................................................................................................................................................................... 165.00 CADD Technician..................................................................................................................................................................... 140.00 Engineering Services
Director of Design Services...................................................................................................................................................... 240.00 Senior Project Manager ........................................................................................................................................................... 240.00 Project Manager....................................................................................................................................................................... 210.00 Associate Project Manager ...................................................................................................................................................... 190.00 Senior Project Engineer ........................................................................................................................................................... 190.00 Project Engineer ...................................................................................................................................................................... 180.00 Senior Designer ....................................................................................................................................................................... 175.00 CADD Designer ....................................................................................................................................................................... 150.00 CADD Technician .................................................................................................................................................................... 140.00 Assistant Project Manager ....................................................................................................................................................... 115.00 Administrative Services
Administrative Assistant........................................................................................................................................................... 110.00 The above rates include all labor, materials, and incidental expenses such as vehicle mileage, postage, toll calls, and survey materials. Not included are reproduction costs, title company charges, special mailing charges, application, filing or permit fees or survey monuments. 34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com