Agenda — Indio City Council, March 20, 2024 (part 2 of 3)

Indio Electric Finance Authority Item: Purchase by the Indio Electric Fi... Page 126 of 503

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FIELD SERVICE POLICY
All field service work is performed in accordancewith the following clarifications, unlessotherwise mutually agreedupon:

Customer Responsibilities
The customer or others are expectedto provide the following, unlessotherwise noted in our quotation:

1. Free, clear, and unlimited accessto substation site and areasaround the equipment foundation.

2. Switch, lock out, and ground any equipment necessary to establish a safe work area.

3. Disconnect and reconnect all external bushing/bus terminations, protection controls, CTs, and relay wiring, asrequired.

4. Disassembly and reassemblyof any deluge and/or iso-phasebus systems, as required, for free and clear access.

5. Disposal of excess/scrap oil, solid wastes, crates, and/ or packaging material generated during the execution of work.

6. Temporary power source (120/240 VAC @ 30 amps) and a ladder to accessthe top of the equipment, as needed.

7. One person on- site during the execution of any work, for safety reasons, that also has the competency to provide clarifications on any energized or de-energized equipment within the substation.

Additional Charges
The following out-of-scopesituations may occur during work execution, which additional chargeswill apply:

1. Initial customer site- specific safety training in excess of four ( 4) hours.

2. Spareparts that are NOT within fifty ( 50) feet of the transformer.

3. Safety equipment requirements beyond personal protective equipment ( PPE) (safety glasses, hard hat, safety shoes, harness, & lanyard) or customer required site- access training for Delta Star personnel or subcontractors.

4. When temperaturesare below 10°C (50°F), it will be necessaryto elevate the transformers (active part & insulation) temperature prior to starting the final vacuum / oil filling process. This additional work will be based on T& M rates.

5. If/ when secondary oil containment may be required for compliance with any EPA or local site SPCC programs.

6. Customer requirements that exceedthose listed in our DS-100 (DS Installation and Maintenance Instruction Manual)

7. Exception is taken to all items that are not outlined in the Scope of Work section. For any additional work performed, thesetaskswill be consideredout-of-scopeand will be invoiced in accordancewith our FS Rate ScheduleFS-1000A.

8. Purchaseraccepts & assumesall responsibility for the resolution of any labor disputes regarding union representation, pricing, or work jurisdictions, including full liability for all costsincurred resulting from any such disputes.

9. Purchasershall provide a recent PCB report / certification of eachunit prior to the start of any scheduledwork. a. If PCB concentration is higher than 49 PPM, DSI will be unable to complete the work. b. If PCB concentration is 1-49 PPM, additional decontamination charges will apply. The proper disposal of the PCB oil shall be the responsibility of the purchaseror others.

Delays
Pricing is basedupon Delta Star crews working 7-days a week, and 8-12 hours per day uninterrupted. Any standby time or delays that are beyond Delta Star’s control, including those resulting from restricted or limited site access, will be consid ered out-of-scopework, and shall be billed in accordancewith Delta Star’s Field Service Rate ScheduleFS-1000A.

Cancellation
In the event of project cancellation, customer may be liable for the amounts set forth and outlined below ascompensation for reasonablecostsincurred, unlessotherwise approved by an authorized Delta Star Field Service representative. 0 -7 days prior to scheduled on- site date = 25% of order value or 8- 14 days prior to scheduled on- site date = 10% of order value.

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Indio Electric Finance Authority Item: Purchase by the Indio Electric Fi... Page 127 of 503

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FIELD SERVICE SCOPE OF WORK
A general description of services is provided below.

Field Service Supervision
Field Service technician will complete arrival check, provide installation guidance, complete internal connections, verify the installation meets our warranty requirements, and verify the transformer is ready for energization as time permits.
o Arrival Check: Prior to installation, a Delta Star Field Service technician will check arrival conditions ( check pressure, core insulation resistance, and insulation moisture content if applicable), review the transformer for damages/ leaks and complete a loose part inventory inspection.

Includes all- inclusive travel, per diem, and labor costs for a minimum of three ( 3) days on- site with two days ( roundtrip) travel to the customer identified substation site location.

A report is provided to the client with our checklist and photos to validate the inspection(s) performed. A customer representativemust acknowledge the report.

Unless waived by Delta Star, Field service is required to validate warranty coverage. Field service must be completed within four months (or 120 days) of delivery date. If unit is placed in storage, full assemblyof unit is required within four months of delivery per Delta Star Installation and Maintenance Instruction Manual ( DS-100).

Field Service Mobile Technical Assistance
Delta Star Field Service will provide one field service mobile substation specialist at the requestof our customerduring the field installation or acceptance of the subject equipment. The field service specialist will technically assist customer on the proper set-up and deployment of the equipment and provide standard/basic instruction to qualified electrical personnel during the installation and acceptanceof the equipment.

Includes all-inclusive travel, per diem, and labor costsfor a minimum of three (3) dayson-site with two days (roundtrip) travel to the customer identified substation site location. Additional days can be purchased for $ 3,150 per day per specialist.

Field Service Installation Services
Transformer Installation according to Delta Star Installation and Maintenance Instruction Manual ( DS- 100) unless otherwise approved.

Assembly of all ship loose parts.

Addition of make-up oil for radiators by meansof a filter cart.

Standardtesting includes: Core & Winding Insulation Resistance; Overall Power Factor & Capacitance; Bushing Power Factor (C1 & C2), if no test tap, perform Hot Collar; Surge Arrestor Power Factor; Single PhaseExcitation ( All HV DETC Taps to N, Rated HV DETC Tap to LTC Taps 1L, 1R, & 16R); Transformer Turns Ratio ( All HV DETC Taps to N, Rated HV DETC Tap to LTC Taps 16L thru 16R); verify operation of all devices reinstalled in the field; verify operation of LTC, if equipped; andOil Testing to include Moisture, DGA, IFT, Acid, Color/ Visual, D1816-2mm, Power Factor 25/ 100, SG & PCB.

Vacuum oil fill as listed in DS- 100 ( if applicable)
Clarifications
Additional days as required or requestedwill be charged at $2,000 per day, per technician basedon an 8 hour day, unless otherwise noted above. Overtime, weekend and holiday pay incurred will be additional charges.

No provisions are included for Union labor requirements; an updated field service quotation will be provided upon request.

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Indio Electric Finance Authority Item: Purchase by the Indio Electric Fi... Page 128 of 503 Revised 11/1/2019
ISO 9001: 2015 CERTIFICATE

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Indio Electric Finance Authority Item: Purchase by the Indio Electric Fi... Page 129 of 503

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Indio Electric Finance Authority Item: Purchase by the Indio Electric Fi... Page 130 of 503 City of Indio
City Council
March 20, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan H. Montgomery, City Manager
Subject: Authorization of Contract Change Order No. 1: In the amount of $338,941.00 for the Indio Badlands Trailhead Parking Lot Project with Three Peaks Corp.

New work entails the removal of current conditions, including chain link fence, new of implementation the signs, existing header, plastic and construction features such as paved roads, parking spaces, curbs, gutters, tubular fence, walkways, etc. The allocation covers the costs associated with the added Indio Badlands Trailhead Parking Lot Project, City Project No. PK2405.

RECOMMENDATION:

Approve a construction Contract Change Order No. 1 in the amount of $338,941.00 for the Indio Badlands Trailhead Parking Lot Project with Three Peaks Corp.

SUMMARY:

This staff report seeks authorization for Contract Change Order No. 1 with Three Peaks Corp., for $338,941.00, to construct the Indio Badlands Trailhead Parking Lot Project (City Project No.

PK2405). Initially, the contract with Three Peaks Corp. entailed constructing parking lots in our Downtown area. If approved, this contract will now include the Indio Hills Badlands Hiking Trail Parking Project, enhancing accessibility and user experience. The choice of Three Peaks Corp., originally the lowest bidder for the Downtown projects by over $50,000, allows the City to leverage competitive pricing and streamline project execution.

BACKGROUND INFORMATION:

A budget of $450,000 was approved for the Indio Badlands Trailhead Parking Lot in this current fiscal year budget, The project represents a strategic initiative aimed at bolstering the City's outdoor recreational infrastructure. The inclusion of this project in the fiscal year's planning and its execution within the original budget, facilitated by Three Peaks Corp.'s competitive pricing, exemplifies the City's dedication to efficiently enhancing public amenities. Consolidating the project under a single contractor not only streamlines the timeline but also ensures completion in time for the peak hiking season, from fall through spring, without the need for additional financial resources.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
338,941 In current year budget: Yes
AGENDA ITEM #8.7
Authorization of Contract Change Order No. 1: In the amount of $338,941.... Page 131 of 503 Current FY General
Fund Impact:
0 Budget adjustment: No
Next FY Financial
Impact:
0 Strategic Objective:

Source of funds: CIP Fund-Org-Object
Reference:
300-554002

ALTERNATIVES:

Not to authorize the change order request.

ATTACHMENTS:

Attachment 1 - Bid Sheets Badlands Trailhead Parking Lot - Three Peaks Corp.

Attachment 2 - Badlands Trailhead Parking Lot-Precise Grading Planset

APPROVAL(S):

Ruby D. Walla, Director of Finance Approved - 12 Mar 2024 Bryan H. Montgomery, City Manager Approved - 12 Mar 2024

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Authorization of Contract Change Order No. 1: In the amount of $338,941.... Page 132 of 503 M
Mobilization/ Demobilization
(not exceed 5% of total estimate
cost)
LS 1 $10,000.00 $10,000.00
DC Dust Control LS 1 $4,400.00 $4,400.00
S SWPP LS 1 $2,000.00 $2,000.00
TTC Temporary Traffic Control LS 1 $2,500.00 $2,500.00
RG Rough Grading LS 1 $41,180.00 $41,180.00
DN 1 Remove existing 6" edgeband LF 540 $10.00 $5,400.00 DN 2 Remoe existing plastic header LF 575 $3.00 $1,725.00 DN 3 Remove portions of existing 6' high
chain link fence LF 320 $18.00 $5,760.00
DN 4 Remove and reinstall existing 24'
wide chain link drive gate EA 1 $3,720.00 $3,720.00
DN 5 Remove existing 20' wide chain link
gate EA 1 $1,310.00 $1,310.00
DN 6 Remove existing 4' wide chain link
gate EA 1 $200.00 $200.00
DN 7 Remove Existing Signs EA 4 $100.00 $400.00
CN 1 Install 3" AC pavement over 4"
class II AB SF 18005 $4.20 $75,621.00
CN 2 Construct 6" curb and gutter per
detail 120 LF 195 $63.00 $12,285.00
CN 3 Construct 6" median curb per detail
123 LF 1455 $44.00 $64,020.00
CN 4 Construct 3' ribbon gutter per
detail 139 LF 510 $35.00 $17,850.00
CN 5 Construct Caltrans accessible curb
ramp EA 1 $5,100.00 $5,100.00
CN 6 Install parking stall striping per
detail on sheet 2 LF 700 $3.10 $2,170.00
CN 7 Install handicap accessible parking
stals per detail on sheet 2 EA 2 $1,340.00 $2,680.00
CN 8 Construct 4" thick meandering path
per detail 134 SF 960 $11.00 $10,560.00
CN 9 Construct 6' wide cobble lined
swale per detail on sheet 2 SF 110 $21.00 $2,310.00
CN 10 Construct 24'Wx6'H tubular fence
vehicle gate per detail on sheet 2 EA 1 $7,745.00 $7,745.00 CN 11 Construct 6' H tubular fence per
detail on sheet 2 LF 320 $109.00 $34,880.00
CN 12 Construct walkway LF 775 $26.00 $20,150.00
CN 13 Construct 0" curb EA 2 $150.00 $300.00
CN 14 Construct earthen swale per detail
on sheet 2 LF 425 $11.00 $4,675.00
$338,941.00
BADLANDS TRAIL HEAD BASE AMOUNT:

EXTENDED
AMOUNT
UNITED
PRICES

ESTIMATED

QUANTITYUNITDESCRIPTIONITEM
NO.

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Authorization of Contract Change Order No. 1: In the amount of $338,941.... Page 133 of 503 A/V
BO
BO
M
XX
1 COVER SHEET
{UTILITIES
WATERINDIO WATER AUTHORITY(760) 391-4046
SEWERVALLEY SANITARY DISTRICT(760) 347-2356
IRRIGATIONCOACHELLA VALLEY WATER DISTRICT(760) 398-2651 ELECTRICIMPERIAL IRRIGATION DISTRICT(760) 399-9420 GASTHE GAS COMPANY(760) 335-7772
TELEPHONEVERIZON(760) 864-1715
CABLE T.V.TIME WARNER CABLE(760) 674-5472
USAUNDERGROUND SERVICE ALERT(800) 227-2600}
N.T.S.
%%UVICINITY MAP
%%UINDEX MAP
SHEET 3 (DEMO)
{NOTE TO CONTRACTOR: SITE CONDITIONS}
{CONTRACTOR AGREES TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR THE JOB SITE CONDITION DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING THE SAFETY OF ALL PERSONS AND PROPERTY. THIS REQUIREMENT APPLIES CONTINUOUSLY AND IS NOT LIMITED TO NORMAL WORKING HOURS.

THE CONTRACTOR ALSO AGREES TO DEFEND, INDEMNIFY, AND HOLD THE OWNER AND THE MSA CONSULTING, INC., HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR MSA CONSULTING, INC.} {NOTE TO CONTRACTOR: EXISTING UTILITIES}
{THE LOCATIONS OF UNDERGROUND UTILITIES SHOWN ON THE PLANS WERE OBTAINED FROM A REVIEW OF AVAILABLE RECORD DATA. WHILE DUE CARE WAS TAKEN IN PREPARATION OF THIS INFORMATION, MSA CONSULTING, INC. CANNOT AND DOES NOT GUARANTEE THE ACCURACY NOR THE COMPLETENESS OF THE INFORMATION. THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATIONS OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK.

THE CONTRACTOR AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH RESULT FROM HIS FAILURE TO LOCATE EXACTLY AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. THE CONTRACTOR SHALL POTHOLE PROPOSED CROSSINGS OF EXISTING UTILITIES PRIOR TO CONSTRUCTION AND SHALL VERIFY THEIR HORIZONTAL AND VERTICAL LOCATIONS.

IN THE EVENT, DURING CONSTRUCTION, THAT UNKNOWN UTILITIES OR UNKNOWN STRUCTURES ARE FOUND AT UNEXPECTED ELEVATIONS OR LOCATIONS, MSA CONSULTING, INC. IS TO BE NOTIFIED OF SUCH CONDITION AT ONCE. MSA CONSULTING, INC. WILL MAKE REQUIRED DESIGN CHANGES AND THE CONTRACTOR AGREES TO COMPLETE ALL WORK, INCLUDING REPAIRS REQUIRED, IN AN EXPEDITIOUS MANNER. THE CONTRACTOR FURTHER AGREES TO PURSUE DILIGENTLY THE COMPLETION OF SAID WORK.

ANY DISCREPANCY BETWEEN THE PLANS AND FIELD SHALL BE BROUGHT TO THE ATTENTION OF MSA CONSULTING, INC. THE CONTRACTOR SHALL NOTIFY MSA CONSULTING, INC. PRIOR TO POTHOLING. IF NECESSARY, MSA CONSULTING, INC. SHALL REVISE THE PLANS. THE CONTRACTOR SHALL BEGIN CONSTRUCTION AFTER REVISIONS ARE APPROVED.} {NOTE: RAW EARTHWORK ESTIMATE NO FACTORS
THE ABOVE LISTED EARTHWORK QUANTITIES ARE RAW FIGURES WITH NO SHRINKAGE OR SUBSIDENCE FACTORS INCLUDED. THE EARTHWORK QUANTITIES SHOWN ON THIS

PLAN ARE APPROXIMATE ESTIMATES SHOWN FOR AGENCY FEE PURPOSES ONLY, AND ARE BASE UPON THE PLAN ELEVATIONS SHOWN AND ON THE GROUND ELEVATIONS WHICH EXISTED AT THE TIME OF THE TOPOGRAPHIC SURVEY. THE LOCATION AND ELEVATION OF THE EXISTING GROUND CONTOURS WERE OBTAINED FROM A FIELD SURVEY AND ARE APPROXIMATE ONLY. NO REPRESENTATION IS MADE OR WARRANTY IMPLIED THAT THESE QUANTITIES ARE PRECISE OR THAT THE EARTHWORK WILL BALANCE.} {NUISANCE WATER DISCLAIMER NOTE:

EXCESSIVE OVER-IRRIGATION OF LANDSCAPING, IF IT PERSISTS, CAN POTENTIALLY RESULT IN DAMAGE TO OR FAILURE OF DRYWELLS, RETENTION BASINS, HARDSCAPE OR PAVEMENT. THE DESIGN SHOWN HEREIN IS INTENDED TO COMPLY WITH AGENCY REQUIREMENTS, INDUSTRY STANDARDS AND LOCAL CONDITIONS BASED UPON INFORMATION AVAILABLE TO THE DESIGN ENGINEER, ASSUMING RESPONSIBLE MAINTENANCE ON THE PART OF THE PROPERTY OWNER OR ASSOCIATION. IT IS RECOMMENDED THAT THE DEVELOPER INCORPORATE INTO FUTURE CC&R'S ENFORCEABLE RESTRICTIONS AGAINST OVER-WATERING BY FUTURE RESIDENTS.} {SOURCE OF TOPOGRAPHY:

SURVEY PERFORMED BY:
}MSA CONSULTING INC.
34200 BOB HOPE DRIVE
RANCHO MIRAGE, CALIFORNIA 92270
PHONE (760) 320-9811
DATE: APRIL 11, 2018
{ }
{EARTHWORK ESTIMATE
(FOR PERMIT PURPOSES ONLY)
RAW CUT510 CY
RAW FILL365 CY}

DETAILS

INDEX OF SHEETS
4 2
1 SHEET

GRADING PLANS

COVER SHEET

DESCRIPTION
{SITE ADDRESS}
{NORTHEAST CORNER OF AVENUE 42 AND GOLF CENTER
PARKWAY IN THE CITY OF INDIO}
{ABBREVIATIONS
(E)EAST
(N)NORTH
(S)SOUTH
(W)WEST
(NE)NORTHEAST
(NW)NORTHWEST
(SE)SOUTHEAST
(SW)SOUTHWEST
ACASPHALT CONCRETE
BCBEGINNING OF CURVE
BCRBEGIN CURB RETURN
BOCBACK OF CURB
BSBOTTOM OF STEPS
BSLBUILDIG SETBACK
C#CURVE
C/LCENTERLINE
C&GCURB AND GUTTER
C.B.CATCH BASIN
C.Y.CUBIC YARDS
DDEPTH
DBDRAIN BOX
DWG.DRAWING
DWYDRIVEWAY
EA.EACH
ECEND OF CURVE
ECREND CURB RETURN
ELEVELEVATION
EPEDGE OF PAVEMENT
ESMTEASEMENT
}{EVCEND OF VERTICAL CURVE
EX.EXISTING
FFFINISHED FLOOR
FGFINISHED GRADE
FLFLOWLINE
FSFINISHED SURFACE
GBGRADE BREAK
GFGARAGE FLOOR
HCHANDICAP
HPHIGH POINT
HZHORIZONTAL}
{INVINVERT
LINEL#
L.F.LINEAL FEET
LPLOW POINT
MAX.MAXIMUM
MHMANHOLE
MIN.MINIMUM
MOCMID-POINT OF CURVE
MVCMIP-POINT OF VERTICAL CURVE
NGNATURAL GROUND
NO.NUMBER
N.T.S.NOT TO SCALE
O/HOVERHEAD
P/LPROPERTY LINE
P.C.C.PORTLAND CONCRETE CEMENT
PCCPOINT OF COMPOUND CURVE
PEPAD ELEVATION
PIGPOINT OF INTERSECTION/GUTTER FL
POCPOINT ON CURVE
}{PRCPOINT OF REVERSE CURVE
PPPOWER POLE
PROP.PROPOSED
PT.POINT
PUEPUBLIC UTILITY EASEMENT
PVIPOINT OF VERTICAL INTERSECTION
PVMTPAVEMENT
R/WRIGHT OF WAY
RAD.RADIUS
RED.REDUCER
SDSTORM DRAIN
S.F.SQUARE FEET
STA.STATION
STD.STANDARD
S/WSIDEWALK
SWRSEWER
TBTOP OF BERM
TCTOP OF CURB
TFTOP OF FOOTING
TOGTOP OF GRATE
TPTOP OF PAVEMENT
TRWTOP OF RETAINING WALL
TWTOP OF WALL
TYP.TYPICAL
VCVERTICAL CURVE
VERTVERTICAL
WWIDTH
{NOTE TO CONTRACTOR: DRAINAGE INTEGRITY}
{THIS GRADING PLAN PROVIDES FOR ON-SITE DRAINAGE IN ACCORDANCE WITH THE FLOWLINES SHOWN. IT IS THE DEVELOPER'S RESPONSIBILITY TO ENSURE THAT THE SWALES ARE

CONSTRUCTED BY THE GRADING CONTRACTOR OR LANDSCAPE CONTRACTOR IN ACCORDANCE WITH THE APPROVED GRADING PLAN AND THAT THE INTEGRITY OF THE SWALES IS MAINTAINED. THIS PRECLUDES THE CONSTRUCTION OF BLOCK WALLS, FENCES, OR OTHER STRUCTURES ACROSS FLOWLINES WITHOUT PROVISIONS FOR APPROPRIATE OPENINGS.

MSA CONSULTING, INC. ASSUMES NO RESPONSIBILITY FOR ALTERATIONS IN THE DRAINAGE SYSTEM CAUSED BY ANY SUCH STRUCTURES OR OTHER GRADING MODIFICATIONS MADE BY THE DEVELOPER, HIS SUBCONTRACTORS, OR THE PROPERTY OWNER.} {CITY OF INDIO'S STANDARD GENERAL NOTES

1.ALL WORK SHALL BE DONE IN ACCORDANCE WITH THE CURRENT ENGINEERING STANDARDS FOR THE CITY OF INDIO, UNLESS OTHERWISE NOTED ON THE APPROVED PROJECT PLANS, OR AS DIRECTED BY THE CITY ENGINEER.

2.IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR (OR DEVELOPER/OWNER FOR A DEVELOPMENT PROJECT) TO OBTAIN FROM THE CITY OF INDIO, AND OTHER GOVERNING AGENCIES, ALL NECESSARY PERMITS PRIOR TO THE BEGINNING OF CONSTRUCTION.

3.THE CONTRACTOR (OR DEVELOPER/OWNER FOR A DEVELOPMENT PROJECT) IS RESPONSIBLE FOR SATISFACTORY COMPLIANCE WITH ALL CURRENT ENVIRONMENTAL REGULATIONS.

4.THE CONTRACTOR MUST NOTIFY THE ENGINEERING DIVISION OF THE CITY OF INDIO'S PUBLIC WORKS DEPARTMENT (760.391.4019) AT LEAST 48 HOURS IN ADVANCE OF BEGINNING ANY NEW PHASE OF WORK. ANY IMPROVEMENT(S) INSTALLED WITHOUT INSPECTION(S) BY THE CITY WILL BE SUBJECT TO REMOVAL.

5.THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN ON THE PLANS IN AN APPROXIMATE WAY ONLY. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. THE CONTRACTOR IS RESPONSIBLE FOR CONTACTING UNDERGROUND SERVICE ALERT AT LEAST 48 HOURS PRIOR TO BEGINNING ANY EXCAVATION AND AS OTHERWISE REQUIRED BY LAW.

6.CONTACT PHONE NUMBERS FOR SOME OF THE LOCAL UTILITIES IN INDIO ARE:
IMPERIAL IRRIGATION DISTRICTELECTRIC760.339.9232
THE GAS COMPANYGAS909.335.7507
VERIZONTELEPHONE760.864.1726
VALLEY SANITARY DISTRICTSEWER760.347.2356
TIME WARNER CABLECABLE760.346.3714
INDIO WATER AUTHORITYWATER760.391.4140
CITY OF INDIOENGINEERING760.391.4017
COACHELLA WATER (CVWD)WATER760.398.2651

7.THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE REMOVAL, REPLACEMENT, PROTECTION, AND/OR RELOCATION OF ALL REGULATORY, WARNING, AND GUIDE SIGNS; AND FOR THE REMOVAL, REPLACEMENT, AND PROTECTION OF ANY PAVEMENT STRIPING, AND/OR PAVEMENT LEGENDS/MARKINGS. THE CONTRACTOR IS REQUIRED TO INSTALL NEW STRIPING AND PAVEMENT LEGENDS/MARKINGS,

AND SIGNING (INCLUDING STREET NAME SIGNS FOR ALL NEW STREETS OR AS OTHERWISE APPROVED OR DIRECTED BY THE CITY ENGINEER).

8.NO WALKWAY, TRAVEL LANE OR STREET CLOSURES ARE ALLOWED WITHOUT PRIOR APPROVAL OF THE CITY ENGINEER AND/OR CITY COUNCIL. WORK ZONE TRAFFIC CONTROL SHALL BE PER THE LATEST EDITION OF THE CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (CA MUTCD).

9.ALL TRAVELED WAYS MUST BE CLEANED DAILY OF ALL DIRT, MUD, AND DEBRIS DEPOSITED ON THEM AS A RESULT OF THE CONTRACTOR'S WORK. CLEANING TO BE DONE PER THE SATISFACTION OF THE CITY ENGINEER.

10.IN GENERAL, THE CONTRACTOR SHALL NOT DISTURB EXISTING SURVEY MONUMENTS OR BENCH MARKS NOTED ON THE PLANS OR FOUND DURING CONSTRUCTION. IF THIS OCCURS DURING CONSTRUCTION, REPLACEMENT SHALL BE PERFORMED TO CITY/COUNTY STANDARDS BY A LICENSED LAND SURVEYOR (OR A LICENSED CIVIL ENGINEER WITH NUMBER BELOW 33,966).

11.THE REGISTERED CIVIL ENGINEER (R.C.E.) SIGNING THESE DESIGN PLANS, AND ANY IMPROVEMENT PLAN (INCLUDING GRADING) SHALL BE RESPONSIBLE FOR ASSURING THE ACCURACY AND ACCEPTABILITY OF THE DESIGN THROUGHOUT CONSTRUCTION. IN THE EVENT OF

DISCREPANCIES DURING CONSTRUCTION, INCLUDING ANY ALTERATIONS OR VARIANCES NEEDED FROM THE APPROVED PLANS (EXCEPT MINOR ADJUSTMENTS IN THE FIELD TO MEET EXISTING CONDITIONS), SHALL BE THE RESPONSIBILITY OF THE R.C.E. TO DETERMINE AN ACCEPTABLE SOLUTION, TO REVISE THE PLANS, AND TO OBTAIN APPROVAL FROM THE CITY ENGINEER.

12.FOR ALL DEVELOPMENT PROJECTS, THE DEVELOPER/OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF HIS CONTRACTORS.

13."AS-BUILT," OR "RECORD" PLANS MUST BE SUBMITTED PRIOR TO ANY RELEASE OF SECURITIES AND/OR ISSUANCE OF A CERTIFICATE OF USE.

14.AT NO TIME SHALL PRIVATE PROPERTY BE USED IN CONJUNCTION WITH THE PROJECT UNLESS PROPERTY-OWNER APPROVAL IS OBTAINED IN WRITING AND GIVEN TO THE CITY.

15.FOR ALL DEVELOPMENT PROJECTS INVOLVING EARTHWORK, A FINAL SOILS REPORT SHALL BE SUBMITTED TO THE CITY ENGINEER. THIS

FINAL SOILS REPORT SHALL SHOW, AT A MINIMUM, THE LOCATION AND RESULTS FOR ALL SOIL TESTS, AND SHALL CONTAIN AN APPROVAL STATEMENT FROM THE SOILS ENGINEER STATING THAT THE SOIL IS SUITABLE FOR ITS INTENDED USE. THIS FINAL SOILS REPORT SHALL BE SIGNED BY THE SOILS ENGINEER OF RECORD.

16.ALL IMPROVEMENT PLANS (INCLUDING GRADING) ARE APPROVED FOR A PERIOD OF EIGHTEEN (18) MONTHS FROM THE DATE SIGNED BY THE CITY ENGINEER. AFTER AN 18 MONTH LAPSE OF SIGNIFICANT WORK, THE "ENGINEER OF RECORD" SHALL BE REQUIRED TO SUBMIT AND

PROCESS FOR CITY ENGINEER APPROVAL, UPDATED PLANS THAT COMPLY WITH THE MOST CURRENT CITY STANDARDS, PRACTICES, AND POLICIES.

17.CITY INSPECTION OF THE WORK CALLED FOR ON THE PLANS SHALL NOT IN ANY WAY RELIEVE THE CONTRACTOR OF THEIR OBLIGATION {CITY OF INDIO'S STANDARD GRADING NOTES

1.THE "CITY OF INDIO'S GENERAL NOTES" SHALL BE CONSIDERED PART OF THE "CITY OF INDIO'S GRADING NOTES."

2.ALL GRADING WORK SHALL CONFORM TO THE CITY OF INDIO'S GRADING ORDINANCE, THE ENGINEERED GRADING REQUIREMENTS OF THE UNIFORM BUILDING CODE, LATEST EDITION, AND SOILS REPORT, NO. , DATED , PREPARED BY: , OF: , TELEPHONE NO. .

3.THE ENGINEERING DIVISION OF THE CITY OF INDIO'S PUBLIC WORKS DEPARTMENT (760.391.4091) SHALL BE CONTACTED PRIOR TO THE BEGINNING OF WORK TO SCHEDULE A PRE-GRADING MEETING. NO WORK MAY BEGIN UNTIL AFTER THE PRE-GRADING MEETING AND THE CITY ENGINEER HAS GIVEN HIS APPROVAL TO BEGIN.

4.THE SOILS ENGINEER OF RECORD AND REGISTERED CIVIL ENGINEER SIGNING THESE PLANS SHALL EXERCISE SUFFICIENT SUPERVISORY CONTROL DURING GRADING TO INSURE COMPLIANCE WITH THE PLANS, SPECIFICATIONS, AND CODE WITHIN THEIR PURVIEW.

5.A GRADING PERMIT FROM THE CITY OF INDIO IS REQUIRED PRIOR TO THE COMMENCEMENT OF ANY WORK SHOWN ON THESE PLANS.

6.DURING ROUGH GRADING OPERATIONS, AND PRIOR TO CONSTRUCTION OF PERMANENT DRAINAGE STRUCTURES, TEMPORARY DRAINAGE CONTROL SHALL BE PROVIDED TO PREVENT PONDING WATER AND DAMAGE TO OTHER PROPERTIES.

7.AFTER CLEARING AND GRUBBING, THE EXISTING GROUND SHALL BE SCARIFIED TO A MINIMUM OF 6" ON THE ENTIRE SITE OR AS RECOMMENDED IN THE SOILS REPORT. ALL WASTE (INCLUDING VEGETATION WASTE) SHALL BE REMOVED FROM THE SITE AS PART OF CLEARING AND GRUBBING.

8.THE MAXIMUM CUT AND FILL SLOPE SHALL BE 2 HORIZONTAL TO 1 VERTICAL (2:1).

9.ALL SLOPES ADJACENT TO THE PUBLIC RIGHT-OF-WAY SHALL BE SET BACK 2 FEET IF HEIGHT IS LESS THAN 10 FEET, AND 3 FEET IF HEIGHT IS GREATER THAN 10 FEET.

10.PADS SHALL BE COMPACTED TO A MINIMUM OF 90% RELATIVE DENSITY PER A.S.T.M. SPECIFICATIONS AND THE SOILS REPORT.

11.MINIMUM BUILDING PAD AND DRAINAGE SWALE SLOPES SHALL BE 0.50%. DRAINAGE SWALES SHALL BE A MINIMUM OF 5.0' WIDE, AND SHALL BE CONTAINED ALL ON ONE PROPERTY. DRAINAGE SWALES SHALL BE 0.20' DEEP MINIMUM AND SHALL BE A MINIMUM OF 2.0' FROM THE TOP OF CUT OR FILL SLOPES.

12.ALL FILLS SHALL BE COMPACTED TO A MINIMUM OF NINETY (90) PERCENT OF MAXIMUM DENSITY AS DETERMINED BY THE UNIFORM BUILDING CODE SECTION 7010, OR EQUIVALENT, AS APPROVED BY THE CITY ENGINEER. FIELD DENSITY SHALL BE DETERMINED IN ACCORDANCE WITH THE UBC SECTION 7002, OR EQUIVALENT, AS DETERMINED BY THE CITY ENGINEER.

13.ALL STREET SECTIONS SHOWN ON THE PLANS ARE TENTATIVE. ADDITIONAL SOIL TEST(S) SHALL BE TAKEN AFTER ROUGH GRADING TO DETERMINE THE FINAL STREET STRUCTURAL SECTION REQUIRED. THE CITY ENGINEER SHALL APPROVE FINAL STREET SECTIONS IN WRITING AFTER SUBMITTAL OF "R" VALUE TESTS AND THE PRELIMINARY STRUCTURAL SECTION RECOMMENDATIONS. "R" VALUES SHALL BE TAKEN APPROXIMATELY EVERY 500 LINEAR FEET ALONG A ROADWAY, AND WHEN SOIL TYPE NOTICEABLY CHANGES.

14.PRIOR TO PLACING ANY CONCRETE, THE SOIL SHALL BE TESTED FOR "EXPANSIVENESS" AND FOR "HIGH SULFATES" AND A REPORT SHALL BE PROVIDED TO THE CITY. THE SOIL ENGINEER SHALL MAKE ANY NEEDED RECOMMENDATION IF EXPANSIVE OR HIGH SULFATED SOIL IS FOUND.

15.LOCATIONS OF FIELD DENSITY TESTS SHALL BE DETERMINED BY THE SOIL ENGINEER OF RECORD AND SHALL BE SUFFICIENT IN BOTH HORIZONTAL AND VERTICAL PLACEMENT TO PROVIDE REPRESENTATIVE TESTING OF ALL FILL PLACED AND ALL COMPACTION. TESTING IN AREAS OF A CRITICAL NATURE OF SPECIAL EMPHASIS SHALL BE IN ADDITION TO THE NORMAL REPRESENTATIVE SAMPLINGS. THE CITY ENGINEER MAY REQUIRE ADDITIONAL TESTS ON AN AS-NEEDED BASIS.

16.ALL UNDERGROUND FACILITIES, INCLUDING LATERALS, SHALL BE IN-PLACE AND INSPECTED PRIOR TO PLACING BASE (AND ASPHALT). THE

FINAL BACKFILL REPORT FOR EACH UTILITY SHALL INCLUDE A SIGNED APPROVAL STATEMENT FROM THE SOIL ENGINEER OF RECORD THAT THE BACKFILL IS SUITABLE FOR IT INTENDED USE.

17.BLOCK WALLS ARE NOT PART OF THE GRADING PERMIT. SUBMIT FOR SEPARATE BUILDING PERMIT(S).

18.THE CONTRACTOR SHALL PROVIDE EROSION AND DUST CONTROL MEASURES AS REQUIRED BY THE FUGITIVE DUST CONTROL PLAN APPROVED FOR THIS PROJECT. DUST CONTROL IS REQUIRED CONTINUOUSLY, EVEN WHEN NO WORK IS TAKING PLACE.

19.THE CONTRACTOR IS REQUIRED TO PREVENT STORMWATER POLLUTION PER HIS STORM WATER POLLUTION PREVENTION PLAN (SWPPP).

THE WASTE DISCHARGE IDENTIFICATION NUMBER (WDID #) FOR THIS PROJECT IS: . A NEW WDID # WILL NEED TO BE OBTAINED SHOULD THE OWNERSHIP OF THE PROJECT CHANGE.

20.AFTER GRADING, AND PRIOR TO ISSUANCE OF ANY BUILDING PERMIT(S), THE REGISTERED CIVIL ENGINEER (R.C.E.) WHO SIGNED THE

PLANS SHALL CERTIFY THAT THE ROUGH GRADING HAS BEEN COMPLETED AND THE SITE CONFORMS TO THE GRADING PLAN AS TO LINE AND GRADE.

21.AFTER GRADING, AND PRIOR TO ISSUANCE OF ANY BUILDING PERMIT(S), TWO SETS OF THE FINAL SOIL REPORTS SHALL BE SUBMITTED TO THE CITY ENGINEER FOR REVIEW AND APPROVAL. THE SOILS REPORT SHALL REFLECT THE FACT THAT THE COMPACTION HAS BEEN

OBTAINED NOT ONLY IN THE BUILDING PAD LOCATIONS, BUT IN THE REMAINDER OF THE SITE, INCLUDING THE SLOPES, TRENCH BACKFILL LOCATIONS, DRIVEWAY LOCATIONS, AND THE PROPOSED ROADWAYS. FINAL SOILS GRADING CERTIFICATION SHALL BE SUBMITTED BY THE SOILS ENGINEER OF RECORD THAT THE FINAL GRADING CONFORMS TO BOTH CHAPTER A33 OF THE CALIFORNIA BUILDING CODE (C.B.C.) AND THE APPROVED GRADING PLAN. THE FINAL COMPACTION REPORT SHALL ALSO CONTAIN THE LOCATION OF EACH TEST, THE VALUE OF EACH TEST, THE MAXIMUM UNIT DENSITY USED, AND THE TYPE OF FIELD TESTING PERFORMED FOR EACH TEST. SUFFICIENT MAXIMUM DENSITY {FEMA FLOOD ZONE:}
{THE PROJECT IS COVERED BY FIRM PANEL NUMBER 06065C2252H. THIS

MAP INDICATES THAT THE PROJECT AREA IS DESIGNATED AS ZONE X, INDICATING AREAS OF 0.2% ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE FLOOD. INSURANCE PURCHASE IS NOT REQUIRED IN THESE ZONES.}
PREPARED FOR:

IN THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA BEING A PORTION OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 8 EAST, S.B.B.&M., ALSO BEING A PORTION OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B.B.&M.

CITY OF INDIO
100 CIVIC CENTER MALL
INDIO CA, 92201
(760) 342-6530
445 PROPOSED CONTOURS

EXISTING CONTOURS
679.3 EXISTING SPOT ELEVATIONS

PROPOSED PROPERTY LINE
PROPOSED 6" CONCRETE CURB

CENTERLINE

PROPOSED RIGHT OF WAY

PROPOSED BOUNDARY
%%ULEGEND:

PROPOSED EASEMENT

EXISTING EASEMENT

EXISTING RIGHT OF WAY

PROPOSED FENCE
3 GRADING LIMIT LINE
0'
80'
SCALE 1"=40'
40' 120' 160'

ALL AMERICAN CANALGOLF CENTER PARKWAY
APN 692-040-016
APN 697-140-009
AVE 42

HARRISON ST
40TH AVE

JACKSON ST
42ND AVE
44TH AVE
I-10

GOLF CENTER PKWY
7 T5SR8E
12 T5SR7E
13 T5SR7E
18 T5SR8E
INDIO
SITE
65 EXISTING CURB AND GUTTER

UTILITY LINE
W: WATER MAIN, S: SEWER MAIN,
T: TELEPHONE, E: ELECTRICAL,
SD: STORM DRAIN

EXISTING FENCE

REFERENCE DRAWING TABLE

UTILITY
16"
SIZE
IRR 2562
CVWD DRAWING NO.
%%UPROJECT APN%%U
692-040-016
6797-140-009
PROPOSED 6" CONCRETE CURB AND GUTTER
PROPOSED 3' WIDE RIBBON GUTTER
FILE NO.

SHEETS
SHEET
OF

PREPARED UNDER THE DIRECT SUPERVISION OF
DATENAME (IE ROBERT S. SMITH)
APP'DREVISIONSNO. DATE
APPROVED BY:

DATE
RCE NO. 68510

INTERIM PUBLIC WORKS DIRECTOR/CITY ENGINEER
JUAN RAYA, P.E.

PLAN CHECKED BY:

DATE
I.P. No.
100 CIVIC CENTER MALL
INDIO, CA 92201
PHONE: (760) 342-6530
FAX: (760) 342-6590
www.indio.org
Dig Alert

DIAL TOLL FREE
1-800-227-2600

BEFORE YOU DIG

AT LEAST TWO DAYS
N
I
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E
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NA
E IF
C68510
TER
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MSA CONSULTING, INC.

Civil Engineering LandSurveying LandscapeArchitecture
Planning EnvironmentalServices DryUtilityCoordination GIS 34200 Bob Hope Drive Rancho Mirage, CA 92270 | 760.320.9811 | MSAConsultinginc.com

PRECISE GRADING PLAN

PARKING LOT

BADLANDS TRAIL HEAD
4 \A1;BEING A PORTION OF THE SOUTHWEST {\H0.7x;\S1#4;} OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 8 EAST, S.B.B.&M., ALSO BEING A PORTION OF THE SOUTHEAST {\H0.7x;\S1#4;\H1.42857x; OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B.B.&M.} RJB
MTC

CHECK BY
RJB

DESIGN BY

DRAWN BY
SCALE:
” “
”
-42.83'

LOCATION
BENCH
MARK
3 LL ELEV.

Page 4 of 7 ends

Authorization of Contract Change Order No. 1: In the amount of $338,941....Page 134 of 503

DETAILS
2 \A1;6'
\A1;12"\A1;36"
\A1;6" MIN.
\A1;6"
\A1;3" MIN.
\A1;10'
%%UVEHICLE GATE DETAIL
NTS
10 %%ULOCKING PIN DETAIL
NTS
%%uTUBULAR STEEL FENCE DETAIL
NTS
11 \A1;3" MIN.
\A1;12'\A1;12'
\A1;.75" GAP
{NOTE TO CONTRACTOR: QUANTITY ESTIMATE}
{MSA CONSULTING, INC. MAKES NO REPRESENTATION CONCERNING THE ESTIMATED

QUANTITIES ON THESE PLANS, EXCEPT THAT ALL SUCH FIGURES, INCLUDING ALL EARTHWORK QUANTITIES, ARE PRELIMINARY ESTIMATES AND FOR PERMIT PURPOSES ONLY.

IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PREPARE HIS OWN QUANTITY ESTIMATE FOR CONSTRUCTION OR COST PURPOSES. MSA CONSULTING, INC. SHALL NOT BE

RESPONSIBLE FOR ANY DEVIATIONS BETWEEN ESTIMATED QUANTITIES AND ACTUAL QUANTITIES AT THE TIME OF CONSTRUCTION.}
FILE NO.

SHEETS
SHEET
OF

PREPARED UNDER THE DIRECT SUPERVISION OF
DATENAME (IE ROBERT S. SMITH)
APP'DREVISIONSNO. DATE
APPROVED BY:

DATE
RCE NO. 68510

INTERIM PUBLIC WORKS DIRECTOR/CITY ENGINEER
JUAN RAYA, P.E.

PLAN CHECKED BY:

DATE
I.P. No.
100 CIVIC CENTER MALL
INDIO, CA 92201
PHONE: (760) 342-6530
FAX: (760) 342-6590
www.indio.org
Dig Alert

DIAL TOLL FREE
1-800-227-2600

BEFORE YOU DIG

AT LEAST TWO DAYS
N
I
L
E
N
E
E
R
NA
E IF
C68510
TER
E
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I
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A LF
T
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L
MSA CONSULTING, INC.

Civil Engineering LandSurveying LandscapeArchitecture
Planning EnvironmentalServices DryUtilityCoordination GIS 34200 Bob Hope Drive Rancho Mirage, CA 92270 | 760.320.9811 | MSAConsultinginc.com

PRECISE GRADING PLAN

PARKING LOT

CHECK BY
RJB

DESIGN BY

DRAWN BY
SCALE:
” “
”
-42.83'

LOCATION
BENCH
MARK
3 LL ELEV.

1. MAXIMUM SLOPES OF ADJOINING GUTTERS, THE ROAD SURFACE IMMEDIATELY ADJACENT TO THE CURB RAMP OR ACCESSIBLE ROUTE SHALL NOT EXCEED 5% WITHIN 4' OF THE TOP AND BOTTOM OF THE CURB RAMP.

2. CURB RAMPS SHALL HAVE A DETECTABLE WARNING SURFACE THAT EXTENDS THE FULL WIDTH AND 3'-0" DEPTH OF THE RAMP.

DETECTABLE WARNING SURFACE SHALL CONFORM TO THIS DETAIL.

3. THE EDGE OT THE DETECTABLE WARNING SURFACE NEAREST THE STREET SHALL BE BETWEEN 6" TO 8" FROM THE GUTTER FLOWLINE.

4. SIDEWALK AND RAMP THICKNESS, "T", SHALL BE 4" MINIMUM.

5. UTILITY PULL BOXES, MANHOLES, VAULTS AND ALL OTHER UTILITY FACILITIES WITHIN THE BOUNDARIES OF THE CURB RAMP WILL BE RELOCATED OR ADUSTED TO GRADE BY THE OWNER PRIOR TO, OR IN CONJUNCTION WITH, CURB RAMP CONSTRUCTION.

6. FOR RETROFIT CONDITIONS, REMOVAL AND REPLACEMENT OF CURB APRON WILL BE AT THE CONTRACTOR'S OPTION, UNLESS OTHERWISE SHOWN ON PROJECT PLANS.

7. TRANSITIONS FROM RAMP AND LANDING TO WALKS, GUTTER OR STREETS SHALL BE FLUSH AND FREE OF ABRUPT CHANGES. 3'
4' MIN.

1.5% MAX.

7.50% MAX.

FRONT EDGE OF SIDEWALK

CURBFACE LINE

LIP OF CURB/GUTTER
(IF SHOWN ON PLAN)
SEE NOTE NO. 2 AND 3.

SIDEWALK SIDEWALK

PLANTING AREA

RETAINING CURB ON BOTH SIDES OF RAMP IF NEEDED
6"
TYP.

PLANTING AREA
CASE F
TO 2.4"

2.3"TRUNCATED DOMES

0.2" HT.

TAPERED EDGES WHERE EXPOSED

0.45"

AT BASE

0.9"
AT TOP
TO 2.4"

2.3"
NO

PARKING
\A1;18' MIN.
\A1;12' (VAN), 9' (CAR)
\A1;9'

ANY DIRECTION
2% MAX
NOTE:

WITHIN THE ACCESSIBLE PARKING STALL PAINT THE WORDS "NO PARKING" IN 12" HIGH WHITE LETTERS MIN. CBC 11B-502.3.3 (THERMOPLASTIC) TYP. 36"X36" INTERNATIONAL SYMBOL OF ACCESSIBLITY PER CBC 11B-502.6.4.1 OR CBC 11B-502.6.4.2, BLUE BACKGROUND WHITE OUTLINE AND SYMBOL (THERMOPLASTIC TYPICAL)

ANY DIRECTION
2% MAX
\A1;5'
4" STRIPES AT 36" ON CENTER (BLUE) CBC 11B-502.3.3 (THERMOPLASTIC) \pxql;4" BLUE STRIPE CBC 11B-502.3.3 (THERMOPLASTIC)
\pxql;4" BLUE STRIPE CBC 11B-502.6.4.1 OR CBC 11B-502.3.3 (THERMOPLASTIC)4" BLUE STRIPE CBC 11B-502.6.4.1 OR CBC 11B-502.3.3 (THERMOPLASTIC) CBC 11B-502.2
CBC 11B-502.2 CBC 11B-502.2CBC 11B-502.3.1
\A1;(WIDTH/2) \A1;(WIDTH/2)

COLOR EQUAL TO
No. 15090 FEDERAL
STANDARD 595B

TWO COATS OF PAINT ON SURFACE OF PARKING AREA CENTERED ON STALL 3'-0" SQUARE (FLOOR PAINTED)
2" WIDE WHITE STRIPING TYP. TWO COATS AT FLOOR PAINT COND. NOTE: DIMENSIONS ARE FOR THE 3'-0" SQUARE SIGN \A1;36"
\A1;TYP
\A1;5'
\A1;(MIN)
4" WIDE PAINTED (36" O.C.)
BLUE STRIPES (2 COATS TYP.)

ACCESSIBLE ROUTE STRIPING
PAINT CURB BLUE THOUGH ENTIRE STALL WIDTH (2 COATS TYP.) WHERE OCCURS.

CONCRETE CURB AT

PLANTER OR SIDEWALK
C

L PER PLAN
9' TYPICAL
CL
\A1;4"
4" WIDE WHITE

HIGHWAY PAINT
(2 COATS), TYP.
\A1;4"
%%UCALTRANS ACCESSIBLE RAMP
NTS
5 %%UCALTRANS ACCESSIBLE RAMP
NTS
%%UPARKING STRIPING
NTS
6 \pxsm0.9;INSTALL 3" AC PVM'T OVER 4" CLASS II AB
%%UCONSTRUCTION NOTES%%U
1 2
3 4
5 \pxsm0.9,qj;CONSTRUCT 6" MEDIAN CURB PER CITY OF INDIO STANDARD DETAIL 123 \pxsm0.9;CONSTRUCT 6" CURB & GUTTER PER CITY OF INDIO STANDARD DETAIL 120

FOR PERMIT PURPOSES ONLY
%%UQUANTITY ESTIMATE
LF
EA
LF
LF
SF
\pxsm0.9;CONSTRUCT 3' RIBBON GUTTER PER CITY OF INDIO STANDARD DETAIL 139 6 EA
18005
195
1455
510
1 2\pxsm0.9;INSTALL HANDICAP ACCESSIBLE PARKING STALLS PER DETAIL ON SHEET 2 8 SF960
LF700
9 10
SF110
CONSTRUCT 4" THICK MEANDERING PCC SIDEWALK PER CITY OF INDIO STANDARD 134 11 \pxsm0.9;CONSTRUCT CALTRANS ACCESSIBLE CURB RAMP PER DETAIL ON SHEET 2 \pxsm0.9;INSTALL PARKING STALL STRIPING PER DETAIL ON SHEET 2 \pxsm0.9;CONSTRUCT 6'WIDE COBBLE LINED SWALE PER DETAIL ON SHEET 2 \pxsm0.9;PROTECT IN PLACE EXIST. 6' CHAINLINK AND TUBULAR FENCING 12 13
\pxsm0.9;CONSTRUCT 24'Wx6'H TUBULAR FENCE VEHICLE GATE PER DETAIL ON SHEET 2EA1 \pxsm0.9;CONSTRUCT WALKWAY. SEE LANDSCAPE PLANS LF775
\pxsm0.9;PROTECT IN PLACE EXISTING ELECTRICAL VAULT
14 \pxsm0.9;CONSTRUCT 0" CURB/FLUSH CURB 3' OPENING. EA2 15 \pxsm0.9;CONSTRUCT EARTHEN SWALE PER DETAIL ON SHEET 2 LF425 \pxsm0.9;CONSTRUCT 6'H TUBULAR FENCE PER DETAIL ON SHEET 2 LF320 16 REMOVE PORTIONS OF EXISTING 6' HIGH CHAIN LINK FENCE REMOVE AND RE-INSTALL EXISTING 24' WIDE CHAIN LINK DRIVE GATE REMOVE EXISTING 6" CONCRETE EDGEBAND

REMOVE EXISTING PLASTIC HEADER
%%UDEMOLITION AND DISPOSITION NOTES
1 REMOVE EXISTING 4' WIDE CHAIN LINK GATE
2 3
4 5
(FOR PERMIT PURPOSES ONLY)
%%UQUANTITY ESTIMATE
540 L.F.
575 L.F.
320 L.F.
1 EA.

REMOVE EXISTING 20" WIDE CHAIN LINK DRIVE GATE
1 EA.
6 REMOVE EXISTING SIGNS 4 EA.
1 EA.
8 PROTECT IN PLACE (ITEM PER PLAN) N/A
\A1;0.3' MIN
3:1
MAX
3:1
MAX
\A1;3' MIN.
%%UEARTHEN SWALE DETAIL
NTS
14 11
\pxqj;4"-6" UNGROUTED COBBLE
\A1;2"-4"
\A1;12"
\A1;60" MIN.FINISH GRADE (TYP.) FINISH GRADE (TYP.)
%%UCOBBLE LINED SWALE
NTS
9 \A1;12'
\A1;24'R:\2282\ACAD\Grading
recise\BADLANDS TRAILHEAD PARKING LOT\2282 PRECISE GRADING 02.dwg, 1/29/2024 11:34:53 AM, rbutler, MSA Consulting, Inc.

Page 5 of 7 ends

Authorization of Contract Change Order No. 1: In the amount of $338,941....Page 135 of 503 BO
BO

GOLF CENTER PARKWAY
APN 692-040-016
APN 697-140-009
AVE 42

COACHELLA BRANCH
OF THE

ALL AMERICAN CANAL
XX

PROPOSED PARKING LOT

DEMOLITION PLAN
3 40'
SCALE 1"=20'
0' 20' 60'
80'
%%UDEMOLITION PLAN
{NOTE TO CONTRACTOR: EXISTING UTILITIES}
{THE LOCATIONS OF UNDERGROUND UTILITIES SHOWN ON THE PLANS WERE OBTAINED FROM A REVIEW OF AVAILABLE RECORD DATA. WHILE DUE CARE WAS TAKEN IN PREPARATION OF THIS INFORMATION, MSA CONSULTING, INC. CANNOT AND DOES NOT GUARANTEE THE ACCURACY NOR THE COMPLETENESS OF THE INFORMATION. THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATIONS OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK.

CROSSINGS OF EXISTING UTILITIES PRIOR TO CONSTRUCTION AND SHALL VERIFY THEIR HORIZONTAL AND VERTICAL LOCATIONS. IN THE EVENT, DURING CONSTRUCTION, THAT UNKNOWN UTILITIES OR UNKNOWN STRUCTURES ARE FOUND AT UNEXPECTED ELEVATIONS OR LOCATIONS, MSA CONSULTING, INC. IS TO BE NOTIFIED OF SUCH CONDITION AT ONCE. MSA CONSULTING, INC. WILL MAKE REQUIRED DESIGN CHANGES AND THE CONTRACTOR AGREES TO COMPLETE ALL WORK, INCLUDING REPAIRS REQUIRED, IN AN EXPEDITIOUS MANNER. THE CONTRACTOR FURTHER AGREES TO PURSUE DILIGENTLY THE COMPLETION OF SAID WORK.

ANY DISCREPANCY BETWEEN THE PLANS AND FIELD SHALL BE BROUGHT TO THE ATTENTION OF MSA CONSULTING, INC. THE CONTRACTOR SHALL NOTIFY MSA CONSULTING, INC. PRIOR TO POTHOLING. IF NECESSARY, MSA CONSULTING, INC. SHALL REVISE THE PLANS. THE CONTRACTOR SHALL BEGIN CONSTRUCTION AFTER REVISIONS ARE APPROVED.} {NOTE TO CONTRACTOR: EXISTING IRRIGATION LINE} {EXISTING IRRIGATION LINE, CONTRACTOR TO POTHOLE AND FIELD VERIFY DEPTH OF COVER REQUIRED PRIOR TO CONSTRUCTION. DEPTH IS ESTIMATED TO BE 6-FEET BELOW EXISTING GROUND AND 4-FEET BELOW PROPOSED SURFACE. SEE EXISTING UTILITY NOTE.

CONTRACTOR TO PROVIDE TOP OF PIPE ELEVATIONS FOR DESIGN COMPARISON TO ENGINEER. DESIGN CONCURRENCE WILL BE REVIEWED WITH CVWD. }
N.T.S.
%%URIGHT OF WAY MAP
42ND AVE
7 T5SR8E
SITE

GOLF CENTER PKWY

CANAL C/L
FILE NO.

SHEETS
SHEET
OF

PREPARED UNDER THE DIRECT SUPERVISION OF
DATENAME (IE ROBERT S. SMITH)
APP'DREVISIONSNO. DATE
APPROVED BY:

DATE
RCE NO. 68510

INTERIM PUBLIC WORKS DIRECTOR/CITY ENGINEER
JUAN RAYA, P.E.

PLAN CHECKED BY:

DATE
I.P. No.
100 CIVIC CENTER MALL
INDIO, CA 92201
PHONE: (760) 342-6530
FAX: (760) 342-6590
www.indio.org
Dig Alert

DIAL TOLL FREE
1-800-227-2600

BEFORE YOU DIG

AT LEAST TWO DAYS
N
I
L
E
N
E
E
R
NA
E IF
C68510
TER
E
R
E
I
R
I
A
N
I F
R
V II
A LF
T
A TE
L
MSA CONSULTING, INC.

Civil Engineering LandSurveying LandscapeArchitecture
Planning EnvironmentalServices DryUtilityCoordination GIS 34200 Bob Hope Drive Rancho Mirage, CA 92270 | 760.320.9811 | MSAConsultinginc.com

PRECISE GRADING PLAN

PARKING LOT

CHECK BY
RJB

DESIGN BY

DRAWN BY
SCALE:
” “
”
-42.83'

LOCATION
BENCH
MARK
3 LL ELEV.

REMOVE EXISTING PLASTIC HEADER
%%UDEMOLITION AND DISPOSITION NOTES
1 REMOVE EXISTING 4' WIDE CHAIN LINK GATE
2 3
4 5
REMOVE EXISTING 20" WIDE CHAIN LINK DRIVE GATE
6 REMOVE EXISTING SIGNS8 PROTECT IN PLACE (ITEM PER PLAN)R:\2282\ACAD\Grading recise\BADLANDS TRAILHEAD PARKING LOT\2282 PRECISE GRADING 03.dwg, 1/29/2024 11:36:29 AM, rbutler, MSA Consulting, Inc.

Page 6 of 7 ends

Authorization of Contract Change Order No. 1: In the amount of $338,941....Page 136 of 503 525.7
532.1
526.1
531.2
522.5
522.4
524.5
524.6
523.4
537.2
538.9
541.5
BO
BO

GOLF CENTER PARKWAY
APN 692-040-016
APN 697-140-009
AVE 42

COACHELLA BRANCH
OF THE

ALL AMERICAN CANAL
XXXX
TYP
TYP
TYP

5.1%>
FL 528.33 FS 531.14
FS 530.80
FS 530.89
FS 531.08
FS 531.79
FS 533.93
FL 527.94
FS 528.03
FS 528.20
FS 527.14
FS 526.98
FS 526.82
FS 527.00
FS 526.15 FS 525.50
FS 524.99
FL 524.67
FL 524.60 FL 526.09
FL 525.76
FL 525.58
FL 525.32
FS 529.24
FL 530.35FL 528.25
FS 527.44
FS 527.38
FS 527.51
FS 526.87
FS 526.70
FS 526.11FS 526.08
FS 525.95
FS 525.74
FS 526.37
FS 527.64
FL 530.50
FL 530.45
FS 530.53
FS 530.70
FS 528.79
FS 528.13
FL 527.80
FL 527.94
FS 532.56
FS 531.50
FS 531.41
FS 530.72
FS 530.10
FS 529.94
FS 529.76
FS 529.30
FS 529.33
FS 529.93
FS 529.07
FS 528.96
FS 528.86
FS 526.01
FS 525.84
FS 525.15
FS 526.60
FS 526.75
FS 527.33
FS 531.30
FS 531.20
FS 532.69
FS 532.25
FS 531.97
FS 531.87
FS 531.88
FS 531.07
FS 529.32
FS 530.33
FL 533.55
FS 532.39
FS 532.58
FL 527.84
FL 526.13
FL 525.65
FS 533.04

3.4%

2.7%

2.6%

5.8%>
>
>>>>
>
>
>
>>
>
>
FS (526.03)
FS (524.81)
FS 527.50
FS 526.52
FS (525.67)
FS 526.89
FS (526.12)
L1
L2
L3
L4
L5 L6
L8
L9
L10
L11
L12
L13
L14L15
L16
L17
L18
L19
L20
L21
L22
L23
L24
L25
L26
L29
L30
L31
L32
L33
L34
L35
L36
L37
L38
L39
L40
L41
L42
\A1;24'
\A1;20'
\A1;24'
\A1;20'
\A1;20'
\A1;24'
\A1;24'
\A1;20'
528
535
525
526
526
524
523
522
521
533
532
531
530
529
528
527
526
526
527
528
529
525
527
529
528
531
533
532
533
532
531
530
529
528
528
527
526
526
527
530
529
530
528
529
530
531
533
530
529
528
534
533
1 2
3 4
5 6
8 9
1 0
1 1
1 2
1 3
1 4
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{THE LOCATIONS OF UNDERGROUND UTILITIES SHOWN ON THE PLANS WERE OBTAINED FROM A REVIEW OF AVAILABLE RECORD DATA. WHILE DUE CARE WAS TAKEN IN PREPARATION OF THIS INFORMATION, MSA CONSULTING, INC. CANNOT AND DOES NOT GUARANTEE THE ACCURACY NOR THE COMPLETENESS OF THE INFORMATION. THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATIONS OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK.

ANY DISCREPANCY BETWEEN THE PLANS AND FIELD SHALL BE BROUGHT TO THE ATTENTION OF MSA CONSULTING, INC. THE CONTRACTOR SHALL NOTIFY MSA CONSULTING, INC. PRIOR TO POTHOLING. IF NECESSARY, MSA CONSULTING, INC. SHALL REVISE THE PLANS. THE CONTRACTOR SHALL BEGIN CONSTRUCTION AFTER REVISIONS ARE APPROVED.} {NOTE TO CONTRACTOR: EXISTING IRRIGATION LINE} {EXISTING IRRIGATION LINE, CONTRACTOR TO POTHOLE AND FIELD VERIFY DEPTH OF COVER REQUIRED PRIOR TO CONSTRUCTION. DEPTH IS ESTIMATED TO BE 6-FEET BELOW EXISTING GROUND AND 4-FEET BELOW PROPOSED SURFACE. SEE EXISTING UTILITY NOTE.

CONTRACTOR TO PROVIDE TOP OF PIPE ELEVATIONS FOR DESIGN COMPARISON TO ENGINEER. DESIGN CONCURRENCE WILL BE REVIEWED WITH CVWD. }
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DATENAME (IE ROBERT S. SMITH)
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INTERIM PUBLIC WORKS DIRECTOR/CITY ENGINEER
JUAN RAYA, P.E.

PLAN CHECKED BY:

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I.P. No.
100 CIVIC CENTER MALL
INDIO, CA 92201
PHONE: (760) 342-6530
FAX: (760) 342-6590
www.indio.org
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DIAL TOLL FREE
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BEFORE YOU DIG

AT LEAST TWO DAYS
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MSA CONSULTING, INC.

Civil Engineering LandSurveying LandscapeArchitecture
Planning EnvironmentalServices DryUtilityCoordination GIS 34200 Bob Hope Drive Rancho Mirage, CA 92270 | 760.320.9811 | MSAConsultinginc.com

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Authorization of Contract Change Order No. 1: In the amount of $338,941....Page 137 of 503 City of Indio
City Council
March 20, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Receive and Accept: 2023 Housing Element Annual Progress Report for submittal to the State Department of Housing and Community Development (HCD) and the Governor's Office of Planning and Research (OPR) prior to April 1, 2024

RECOMMENDATION:

Receive and accept the 2023 Housing Element Annual Progress Report for submittal to the State Department of Housing and Community Development (HCD) and the Governor's Office of Planning and Research (OPR) prior to April 1, 2024

SUMMARY:

Government Code Section 65400(a)(2) mandates that all Cities and Counties annually submit to their legislative bodies an Annual Progress Report for the status and implementation of the General Plan’s Housing Element.

BACKGROUND INFORMATION:

The City’s Housing Element 2023 Annual Progress Report (APR) (Attachment 1) details the City’s progress in meeting the jurisdiction’s share of determined regional housing needs, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing for the period of January 1, 2023 to December 31, 2023. The Report also includes an Addendum (Attachment 2) that is required pursuant Assembly Bill 1793 that contains information regarding the housing units that were assisted by the Indio Housing Authority (the former Indio Redevelopment Agency’s housing successor) that are subject to covenants or restrictions.

The submittal of the attached Report to the City Council complies with the requirements of the aforementioned Government Code Section. As required, City Staff will submit the Report to the State Department of Housing and Community Development (HCD) and the Governor's Office of Planning and Research (OPR) by April 1, 2024.

The APR provides an overview of the progress made during the reporting period in meeting local, regional and state-wide housing production goals. The APR also reports on the City's progress in meeting local objectives that address housing needs identified in the City’s adopted 6th Cycle Housing Element of the General Plan 2021-2029, which the City Council initially adopted on January 5, 2022, and re-adopted on April 6, 2022, per requirement of the State Department of Housing and Community a received City the 2022, On April Housing (HCD). Development 21, Element certification from HCD, becoming the first City in the Coachella Valley to receive the certification.

AGENDA ITEM #8.8
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A key component of the APR is to report the progress in meeting the City’s obligation to prepare for and address housing needs as reflected in the Regional Housing Needs Allocation (RHNA). The State designated RHNA is the State-required process by which the State seeks to ensure cities and counties the segments economic all accommodate of housing enough for planning are to community. As such, over the 8-year Housing Element planning period, the City must adequately plan for its existing and projected housing needs. Per the latest RHNA, the City must plan for a total of 7,812 housing units for a variety of household income levels, including 2,963 that would be designated to be from Extremely Low to Moderate-Income as further identified below:

Indio RHNA
Very Low-Income: 1,793 housing units (of which 896 must be Extremely Low-Income) Low-Income: 1,170 housing units
Moderate-Income: 1,315 housing units
Above Moderate-Income: 3,534 housing units

The APR contains a Program Implementation Section (Table D) that identifies programs and objectives removal the to constraints governmental of local are to lead to meant that the maintenance, improvement, and development of housing as identified in the City's Housing Element.

As reflected in the table, some objectives have been completed, while others are in-progress or pending implementation. Staff will be contracting with a consulting firm during 2023 to assist staff meet completion milestones.

The APR also includes an Addendum required per Assembly Bill 1793 (AB 1793). Per AB 1793, the Indio Housing Authority (as the Housing Successor to the Former Redevelopment Agency) must have in place an inventory of homeownership units that were assisted by the former redevelopment agency or the housing successor and that are subject to covenants or restrictions pursuant to subdivision (f) of Section 33334.3. The inventory helps ensure that the former redevelopment agency’s investment of moneys from the Low and Moderate-Income Housing Fund are protected.

Per AB 1793, the Addendum must contain information such as the number of homeownership units that are subject to affordability covenants, the number of units lost to the portfolio and the number of funds recaptured by, or repaid to, the housing successor.

ATTACHMENTS:

Attachment 1 - 2023 Housing Element Annual Progress Report Attachment 2 - Addendum to APR (AB1793 inventory)

APPROVAL(S):

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2023 Housing Element Annual Progress Report for submittal to the State D... Page 198 of 503 ATTACHMENT 2

Addendum to the 2022 Housing Element Annual Progress
Report Pursuant to Assembly Bill 1793

(Successor Entity Report as Required Pursuant to California Health and Safety Code Section 347176.1)

As required, per Assembly Bill 1793 (AB 1793), the Housing Successor must have an inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3. This inventory shall include all of the following information:

(A) The number of those homeownership units covenanted to be affordable as of June 30, 2022:

Indio Mortgage Assistance Program: 6 units
Housing Rehabilitation Loan Program: 0 units

(B) The number of the units lost to the portfolio in the last fiscal year and the reason for those losses.

Number of covenanted units lost and the reason for the losses:

Indio Mortgage Assistance Program: 0 units
Reason for Loss: N/A
Housing Rehabilitation Loan Program: 0 unit
Reason for Loss: N/A

(C) Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund.

The amount of repayments or recapture of funds:

Indio Mortgage Assistance Program: $0
Housing Rehabilitation Loan program: $0

(D) Whether the housing successor has contracted with any outside entity for the management, monitoring or oversight of the units and, if so, the identity of the entity.

The Indio Housing Authority has not contracted with any outside entity to perform these functions. All functions are performed internally by Indio Housing Authority Staff.

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2023 Housing Element Annual Progress Report for submittal to the State D... Page 199 of 503 City of Indio
City Council
March 20, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Receive and Accept: 2023 General Plan Annual Progress Report for submittal to the Governor’s Office of Planning and Research State Clearinghouse and Planning Unit

RECOMMENDATION:

Receive and accept the City of Indio General Plan 2023 Annual Progress Report for submittal to the Governor’s Office of Planning and Research State Clearinghouse and Planning Unit prior to or by April 1, 2024

SUMMARY:

The City of Indio General Plan 2023 Annual Progress Report for submittal to the Governor’s Office of Planning and Research State Clearinghouse and Planning Unit pursuant to the provisions of California Government Code Sections 65400 and 65700

BACKGROUND INFORMATION:

California Government Code Sections 65400 and 65700 mandates that all cities and counties submit an annual report known as an Annual Progress Report (APR) on the status of the General Plan and progress in its implementation to their legislative bodies, the Governor's Office of Planning and Research (OPR), and the Housing and Community Development (HCD) by April 1 of each year.

The the information with public the regarding bodies legislative local provides APR and implementation of the General Plan for their city or county. APRs also inform the public of the progress in meeting the community’s goals.

Per State law, APRs must be presented to the local legislative body for its review and acceptance, usually as a consent or discussion item on a regular meeting agenda. Therefore, the APR should provide enough information for decision-makers to assess how the General Plan was implemented during the 12-month reporting period, either calendar year or fiscal year. More specifically, APRs should explain how land use decisions relate to adopted goals, policies, and implementation measures of the General Plan. The APRs should provide enough information to identify necessary "course local improve to means and Plan modifications the to or adjustments" General implementation.

ATTACHMENTS:

Attachment1_CityofIndioGeneralPlan2023AnnualProgressReport

AGENDA ITEM #8.9
2023 General Plan Annual Progress Report for submittal to the Governor’s... Page 200 of 503 APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 11 Mar 2024 Steven Graham, City Attorney Approved - 11 Mar 2024
Javier Estrada, Senior Accountant Approved - 12 Mar 2024 Bryan H. Montgomery, City Manager Approved - 12 Mar 2024

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City of Indio
General Plan
2023
Annual Progress Report

For submittal to the Governor’s Office of Planning and
Research State Clearinghouse and Planning Unit

Presented to the City Council for the City of Indio
March 20, 2024

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2023 General Plan Annual Progress Report for submittal to the Governor’s... Page 202 of 503 Table of Contents

Introduction: .................................................................................................. 3 Date of Presentation/Acceptance by the Local Legislative Body: .................. 3 Date of Update to the General Plan: ............................................................. 3 Overview of the Indio General Plan 2040: ..................................................... 3 Overview of the Indio Climate Action Plan (CAP): ......................................... 5 Overview of the General Plan 2040 Environmental Impact Report (EIR): ...... 6 Measures Associated with the Implementation of the General Plan: ............. 9 Housing Element Annual Progress Report Reporting Requirements: ............ 9 General Plan Compliance to Office of Planning and Research’s General Plan Guidelines: .................................................................................................. 10 Priorities for Land Use Decision-Making: .................................................... 10 Goals, Policies, Objectives, Standards or Other Plan Proposals that need to be Added or Were Deleted, Amended or Otherwise Adjusted: .................... 11 Planning Activities Initiated/General Plan Amendments/Major Development Applications Processed: .............................................................................. 11 Additional Content: ...................................................................................... 11 Appendix A.................................................................................................. 17

City of Indio 2023 General Plan Annual Progress Report
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2023 General Plan Annual Progress Report for submittal to the Governor’s... Page 203 of 503 Introduction:

This General Plan Annual Progress Report monitors the City’s progress in implementing the City of Indio General Plan 2040. It is submitted to the Governor’s Office of Planning and Research (OPR) in compliance with California Government Code Section 65400, which requires that cities submit an annual report on the status of the General Plan to their legislative bodies, OPR, and the Department of Housing and Community Development (HCD) in April each year.

The current Indio General Plan 2040 (General Plan) was adopted on September 18, 2019. It was the first comprehensive update of the City’s General Plan document since 1993. The comprehensive General Plan update allowed the City and the community to simultaneously consider the critical relationships across a broad range of policy areas.

The General Plan is a forward‐thinking document that recognizes and builds upon existing challenges and opportunities, reflects the diverse visions of the community and provides for future generations.

The City of Indio chose to prepare a Climate Action Plan (CAP) as a companion document to the General Plan. The CAP was adopted along with the General Plan. The Climate Action Plan emphasizes the City’s commitment to leadership in environmental sustainability and presents a toolkit of measures by which the entire community can reduce greenhouse gas emissions, and thus lessen impacts to global climate change.

The policy direction in the General Plan and CAP emphasized integration forward thinking, sustainable, land use and mobility strategies to address a range of issues including traffic, development, neighborhood character, housing, and quality of life, among others.

Date of Presentation/Acceptance by the Local
Legislative Body:

The City of Indio City Council accepted as a Receive and File action the 202 3 General Plan Annual Progress Report as part of the Consent Calendar for the March 20, 2024 regular Council meeting agenda.

Date of Update to the General Plan:

The Indio City Council adopted the Indio General Plan 2040 on September 18, 2019.

Overview of the Indio General Plan 2040:

This General Plan 2040 presents the community’s vision for Indio over the next 20 years.

This Plan was the culmination of a multi-year community-wide effort to reflect and define who we want to be as a community. Through the Plan and associated implementation efforts, the City seeks to enhance its local economy and maintain its “City of Festivals”

City of Indio 2023 General Plan Annual Progress Report

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reputation while simultaneously improving our access to quality education, housing, and jobs. This General Plan is an important planning document that implements the community’s vision, establishing goals, policies, and implementation actions that will help us achieve our long -term vision as a community that values our unique culture, entertainment and arts, and local character. The following vision statement and priorities are encapsulated into the General Plan:

Vision Statement:
“Indio is recognized as a vibrant community for arts and entertainment, education, commerce, and culture.”

Priorities:

• Restore Downtown as the heart of the community
• Reinvent the Highway 111 Corridor
• Establish a human-scale network of complete streets and community open spaces
• Expand commerce in the City
• Strengthen tourism and hospitality sector
• Revitalize and connect neighborhoods
• Enhance community health and wellness for everyone in Indio To implement the vision and key outcomes, the General Plan includes a series of major strategies to perform over the next 20 years.
• Restore Downtown as the heart of the community . Indio is one of a few cities in Southern California’s desert region that has a historic downtown. Like many California cities, Indio’s Downtown suffered disinvestment as new commercial centers and neighborhoods were built on the periphery of the City. A key effort of the City will be to attract new development to the Downtown. In large part, this will be guided by a new Downtown Specific Plan and place -making strategies. The City will also work to revitalize and connect the surrounding neighborhoods to Downtown, restoring the Downtown and its surrounding neighborhoods as the heart of Indio. The City will focus staff time and resource and public infrastructure investments in the area to help attract private investment. • Reinvent the Highway 111 Corridor. The area around Monroe Street and Highway 111 was the City’s second-generation commercial center, following the Downtown as the center of commerce in Indio. This area of the City has lost much of its vitality and economic activity. Uniquely located near the Downtown and at the cross-roads of Jefferson, Monroe, and Jackson Streets, the Highway 111 corridor serves as a major connector to the rest of the Coachella Valley. Highway 111 provides local access to homes and businesses while facilitating regional travel. This General Plan lays out a new future for the Highway 111 corridor centered on creating a walkable, mixed use-district in the vicinity of Indio Grand Marketplace (former Indio Fashion Mall). This “Midtown District” can serve as both a center of commerce and a gateway to the City’s festivals.

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• Establish a human-scale network of complete streets and community open spaces.

Indio residents articulated two desires that are mutually reinforcing: to provide more opportunity for active transportation, and to improve the visual character of the community. Both goals can be accomplished through urban design that focuses on the creation of human-scaled public spaces. By designing public spaces, such as streets, sidewalks, parks, and other community spaces, with an emphasis on people first, the City’s centers, neighborhoods, and districts will support more opportunities to gather and interact, reinforcing Indio’s sense of community. The City’s centers, neighborhoods, and districts will be far more valuable and sustainable when connected by a complete circulation network that effectively balances all modes of transportation and supports all users. Designing the circulation network for pedestrians and bicyclists will result in places and streets that are more comfortable, safer, and easier to use. Indio residents also expressed a desire for attractive, well-landscaped spaces that support a variety of family - and community-recreation activities. Quality of life, general health, and community character will all be enhanced by new parks and recreational facilities and the rehabilitation of existing facilities that better support active, outdoor - oriented lifestyles.

• Expanding commerce in the City. Indio expressed a deep desire for enhanced shopping and increased employment opportunities within the City. The City’s central location in the Coachella Valley and regional freeway and rail accessibility will enable Indio to continue to attract and maintain a wide variety of commercial, office, and industrial employers within the Workplace and Employment District, Regional Commercial District, and centers. The City will build upon and expand these existing employment areas to generate more and new types of jobs in the future. The City will also capture neighborhood- and community-serving retail and services. Together these will improve the quality of life, diversity and resiliency of the local economy.
• Strengthen tourism and hospitality sector. Indio’s year-round festivals are the envy of cities everywhere. The variety of entertainment activities draws people from around the world to Indio, bringing more than 1.4 million people into the City for just a single event. Yet, most visitors do not stay, shop, or dine in the City, creating a missed opportunity to capture revenue and taxes locally. The City seeks to enhance its hospitality offerings, emphasizing high -quality, resort -oriented development around the Festival District / Polo Grounds to both leverage and support the unique amenity.

• Revitalize and connect neighborhoods. Indio is known throughout the Coachella Valley for its excellent new neighborhoods. These modern neighborhoods are regarded as models for high -quality, suburban development. Yet the City has a range of other traditional neighborhood types too. Many of these neighborhoods have suffered disinvestment over time. As the City moves forward with implementing this General Plan, a part of its success will hinge on the ability to revitalize existing neighborhoods through public improvements that spur private investment. The City will also create new Connected Neighborhoods anchored by Neighborhood Centers with schools, retail and services, and other amenities that enhance the quality of life in these neighborhoods. Similarly, new Desert Estate

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neighborhoods can capitalize on their unique desert context by emphasizing their rural location and character.
• Enhance community health and wellness for everyone in Indio. A healthy community enables people of all ages and abilities to lead full, productive, and enjoyable lives. Indio is committed to promoting the well-being of its residents. The General Plan outlines steps that incorporate opportunities for active living into every neighborhood, maintain a clean and healthy environment, provide access to quality health and mental care services and facilities, provide decent and affordable housing, increase access to healthy and affordable foods, and nurture quality educational and employment opportunities.

Each element of the General Plan is organized with the following sections:
• Key Considerations, Strategies, and Context. A summary of the key topics and issues facing the community. The issues serve as background for the goals and policies noting key issues, opportunities, and challenges in Indio. • Goals, Policies, and Actions. Each element contains goals, policies, and actions necessary to achieve the community’s vision. They are intended to provide clear direction on how the City will implement the overall vision of this plan.

Each element of this General Plan contains goals, policies, and actions. Implementation actions are also included in the Implementation Chapter.

Goals are an overarching statement describing the overall vision and direction for the community. Goals are broad in both purpose and aim but are designed to establish directions and outcomes. The following is an example of a goal:

Goal LU-2: Active Places. Indio is a City with active and comfortable places that encourage social interaction and community gathering.

Specific position statements that support the achievement of goals and serve as guides to the City Council, Planning Commission, other City commissions and boards. City staff also use the policies when reviewing development proposals and making other decisions.

Policies seek to achieve the goals by mandating, encouraging, or permitting certain actions. Certain policies are critical and must be implemented. Thus, compliance with the policy or action is mandatory. Language used to describe this intent includes will, must, require, prohibit, conduct, maintain, and implement. Other policies are strongly encouraged by the City, but total implementation may not be possible; thus, compliance is not mandatory. Language used to describe this intent includes should, may, encourage, consider, explore, allow, discourage, and promote. The following are examples of policies in the Indio General Plan Land Use and Community Design Element:

LU-2.2 Balanced Land Uses. Maintain a balanced land use pattern to support a broad range of housing choices, retail businesses, employment opportunities, educational and cultural institutions, entertainment spaces, and other supportive uses and within long-established Indio neighborhoods and new growth areas.

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LU-2.4 New Gathering Spaces. Require new developments to provide public parks, plazas, and squares that establish interesting gathering spaces in planned districts and neighborhoods.

Overview of the Indio Climate Action Plan (CAP):

In the next century, climate change will not only impact our natural environment, but also threaten the health and economic vitality of communities across California and the country. The extent to which society is impacted by climate change is dependent on our actions today. By curbing greenhouse gas (“GHG”) emissions and adapting our communities to the already changing environment, we can significantly reduce the damages incurred from climate change. Local governments are in a unique position to become climate leaders by initiating city -wide policies, incentives, and education programs to deploy new technologies, pilot regulatory mechanisms, and spark behavioral change to meet the deep greenhouse gas reduction targets established by the State of California.

In 2006, the State passed Assembly Bill 32 (AB 32), the California Global Warming Solutions Act. AB 32 and the AB 32 Scoping Plan outline pathways to reduce GHG emission below 1990 levels by 2020. The passage of AB 32, and subsequent legislation such as SB 32, has been a key reason behind cities and counties developing plans to reduce GHG emissions by 2020 and beyond. The GPU provides measures (analyzed within the Climate Action Plan) to mitigate its GHG emissions impacts in order to demonstrate that the City is doing its part to meet State law.

Recognizing the important role that cities will play in the transition to a low -carbon economy, Indio has prepared a Climate Action Plan (CAP) as a roadmap for achieving community-wide GHG emissions reductions. The CAP includes a quantitative inventory and analysis of emissions, starting with 2010 as the baseline year through to a projection of emissions for 2020, 2030, and 2040, the time horizon of the General Plan.

Indio’s CAP is designed to provide clear policy guidance to City staff and decision-makers on how to reduce greenhouse gas emissions. It identifies a pathway to reduce emissions consistent with State -level emissions reduction targets for 2020 and 2030. This path includes strategies for improving connectivity and land use patterns, improving transportation modes and systems, incorporating energy efficiency standards, increasing the City’s renewable energy supply, and reducing solid waste.

Relationship to the General Plan
The Indio General Plan describes the City’s vision and establishes guiding principles, goals, policies, and implementation actions to realize the vision. This CAP evaluates the forecasted growth from the City’s General Plan and the effects of the GHG reduction measures included in the General Plan. These reduction measures are included in Chapter 4 and the chapter provides a reference to the related action in the General Plan.

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Overview of the General Plan 2040 Environmental
Impact Report (EIR):

In accordance with California Environmental Quality Act (CEQA) Guidelines Section 15124, the City of Indio has prepared an Environmental Impact Report (EIR). The type of EIR which was prepared is known as a Program EIR (PEIR ). A PEIR is prepared on a series of actions that can be characterized as one large project; it allows for consideration of broad policy alternatives and program -wide mitigation. Furthermore, a PEIR can be used for subsequent activities that are consistent with the larger program if the activity would not create new significant environmental effects.

Accordingly, a PEIR was prepared with objectives to support the purpose of the City’s General Plan Update, including the Climate Action Plan. The primary objectives, as discussed in Chapter 1.0 of the Indio 2040 General Plan are to generate and maintain the following:
• Quality of Life: A high quality of life for all residents. • Night Life, Entertainment, and Recreation : A lively Downtown Indio, exceptional city-wide events, and regional parks and trails that will attract visitors and residents alike.
• Multi-Modal Transportation Network: An interconnected transportation network that serves all users and modes in a healthy, equitable manner. • Sustainable Community: An efficient community that can persist for generations. • Range of Housing Options: A wide variety of housing types to serve a broad and diverse community of new and existing residents, providing housing opportunities for households of all ages, types, incomes, and lifestyles. • Exceptional Educational Opportunities: Extensive educational and vocational training opportunities that help develop a diverse and well-trained workforce. • Expanded Employment: A strong, resilient economy that offers opportunities for entry level, service, technology, and entrepreneurial employment to meet the needs of Indio’s residents and to attract future residents to the region. • City of Festivals: Indio’s internationally known festivals will continue to attract and support entertainment and hospitality that enhance Indio as the City of Festivals. • Compelling Retail and Commercial Uses: A retail sector that fully serves the needs of all of the City’s residents, offering both quality everyday and specialty retail uses at locations throughout the City.
• Efficient Use of Infrastructure: A well -planned and smartly developed City that grows in concert with its ability to provide services.

The analysis contained in the PEIR focuses on both the general plan update and the climate action plan, addressed together as the GPU.

Notice of Preparation and Initial Study:

The Notice of Preparation (NOP) for the GPU, with the Initial Study, was distributed on August 12, 2015, for a thirty (30) calendar day public comment period. A total of

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seven (7) comments were received. The Initial Study concluded that there would be no impacts related to the following environmental checklist items:

• Agricultural impacts related to zoning or rezoning of forest land, timberland, or Timberland Production.
• Agricultural impacts related to the loss of forest land or the conversion of forest land to non-forest use.
• Hazards and hazardous materials impacts related to the project being in the vicinity of a private airstrip, resulting in safety hazards for people residing or working in the project area.
• Noise impacts related to the project being in the vicinity of a private airstrip, exposing people residing or working in the project area to excessive noise levels.

Additionally, the Initial Study concluded the impacts related to the following environmental checklist items would be less than significant:

• Cultural resource impacts related to disturbing any human remains, including those interred outside of formal cemeteries.
• Hazards and hazardous materials impacts related to exposure of people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands.
• Hydrology and water quality impacts related to inundation by seiche, tsunami, or mudflow.
• Land use and planning impacts related to physically dividing an established community.
• Transportation and traffic impacts related to changes in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks The above -listed impacts, which the Initial Study concludes to have either no impact or a less than significant impact, are not further analyzed in this PEIR (see Section 7.0, Issues Found Not to Be Significant).

The above-listed impacts, which the Initial Study concludes to have either no impact or a less than significant impact, are not further analyzed in this PEIR (see Section

7.0, Issues Found Not to Be Significant).

A public scoping meeting was held on Thursday, August 20, 2015 at 6:00 p.m. at the Indio Teen Center, located at 81678 Avenue 46. Public comments received in conjunction with community outreach for the GPU and on the NOP did not identify any areas of controversy related to environmental issues. The NOP, Initial Study, and comment letters are included in this PEIR as Attachment E to this staff report.

Per CEQA, the following issues must be analyzed in an EIR:
• Aesthetics Hydrology/Water Quality
• Agricultural Resources Land Use/Planning

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• Air Quality Mineral Resources
• Biological Resources Noise
• Cultural Resources Geology/Soils
• Population/Housing Public Services
• Hazards/Hazardous Materials Recreation
• Transportation/Traffic Utilities/Service Systems
Other required CEQA discussions, which are covered in the Draft EIR for the General Plan Update, include:
• Growth Inducement
• Significant Irreversible Effects
• Alternatives
Public Review of the Draft EIR or PEIR

The draft EIR was completed and made available for public review on March 15, 2019 (“Draft EIR”). The Draft EIR was posted on the City’s web site, and copies were available at City Hall public counter and on line at www.indio2040.org. The public comment period for the draft EIR was 45 days in duration (per CEQA), ending on April 29, 2019. Public comments received for the Draft EIR are summarized in the matrix of received public comments (Exhibit D to Resolution 10106, Certifying the FEIR, Attachment B).

Final Environmental Impact Report

Following the end of the public review period, the City must provide written responses to comments received on the Draft PEIR per CEQA Guidelines Section 15088 and consider all comments in making its decision. Detailed responses to the comments received during public review, a Mitigation Monitoring and Reporting Program (MMRP), Findings of Fact, and a Statement of Overriding Considerations (SOC) for impacts identified in the Draft EIR as significant and unavoidable must be prepared as part of the PEIR certification process. The culmination of this process is a public hearing where the City Council will determine whether to certify the Final EIR as being complete and in accordance with CEQA. The Final EIR must be available to public agencies, which provided comments at least 10 days before the public hearing to certify the EIR in order to provide commenters the opportunity to review the written responses to their comment letters.

The GPU includes goals, policies and associated implementation programs that would serve to reduce potential environmental impacts from future development consistent with the General Plan. The PEIR includes mitigation measures so that future projects can incorporate measures to lessen impacts, and the City can ensure that significant impacts are substantially lessened or avoided, whenever feasible. As part of the PEIR and included as Appendix J to the FEIR, a Mitigation Monitoring and Reporting Program (MMRP) has been developed in conjunction with the EIR and is incorporated into the FEIR. The MMRP serves as a regulatory document for the lead agency, which provides a summary of the mitigation measures agreed to as part of the project approvals.

Alternatives to the proposed land use and circulation changes associated with the GPU are presented in Chapter 9.0, Project Alternatives, of the FEIR. These alternative development scenarios may further reduce or avoid significant impacts associated with

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the GPU. The Findings of Fact and Statement of Overriding Considerations are presented as Exhibits A-B of Resolution 10106 Certifying the FEIR, Attachment B.

Measures Associated with the Implementation of the
General Plan:

The General Plan has a 20‐year timeframe, and implementation of its goals and policies during this period is a collective effort by City staff in every Department and Division.

During the 20 -year planning horizon, the City will utilize the goals, policies, and implementation programs in this General Plan to guide growth, development, and conservation. However, the General Plan is a living document.

As the City grows and changes, it will be necessary to amend maps, specific policies, and implementation actions to address changing economic and demographic conditions. In fact, State law encourages annual reviews of implementation actions and recommends that the entire General Plan be thoroughly reviewed every five years to ensure it is still consistent with the community’s goals. Any part of a general plan may be amended to accommodate changing conditions. Property owners, the Planning Commission, the City Council, or City staff may propose amendments. Proposed changes must be reviewed by the Planning Commission and the City Council at public hearings and potential environmental impacts must be evaluated in accordance with the CEQA. Community members, neighborhood groups, and local organizations are encouraged to get involved in the ongoing planning efforts of the City and to participate in the implementation of the General Plan. By maintaining active engagement in the process, Indio’s residents can be part of shaping the City to make it an even more inclusive, vital, and thriving City than it is today.

Appendix A of this Report addresses the measures taken during 202 3 or prior to 202 3 relating to the implementation of the City’s current General Plan.

Housing Element Annual Progress Report Reporting
Requirements:

California Government Code Section 65400 establishes the requirement that each city prepare an annual report on the status of the housing element of its general plan and progress in its implementation, using forms and definitions adopted by the Department of Housing and Community Development (HCD).

The City Council also adopted the City’s Sixth Cycle Housing Element on January 5, 2022 during a publicly noticed public hearing. Following this adoption, the California Department of Housing and Community Development (HCD) required the City to make minor modifications to the Council adopted Housing Element and also required that the City Council adopt a revised version of the Housing Element. The City Council adopted the revised Housing Element on April 6, 2022 and HCD certified the City’s Housing Element on April 21, 2022.

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The City of Indio City Council accepted as a Receive and File action the 202 3 Housing Element Annual Progress Report as part of the Consent Calendar for the March 20, 2024 regular Council meeting.

General Plan Compliance to Office of Planning and
Research’s General Plan Guidelines:

The Indio General Plan fully complies with the Governor’s Office of Planning and Research (OPR) guidelines for General Plan documents. The General Plan contains each of the seven required elements specified in California Government Code Section 65302, as follows:

1. Land Use; and,

2. Housing; and,

3. Mobility; and,

4. Conservation; and,

5. Noise; and,

6. Safety; and,

7. Open Space; and,

8. Environmental Justice.

The Indio 2040 General Plan includes these required elements along with the following optional elements:

1. Community Facilities and Infrastructure

2. Health and Equity (inclusive of Environmental Justice)

3. Economic Development

4. Implementation
Priorities for Land Use Decision-Making:

The City passed a moratorium on new self -storage facilities and recreational vehicle storage facilities in 2023. On March 15, 2023, the City Council approved Urgency Ordinance No. 1791 establishing a moratorium that would be immediately in effect for a period of forty -five (45) days, during which no approvals may be made or issued by the City, its officers or employees of any applications for a use permit, variance, building permit, business license or any other applicable entitlement or permit, for the use of any land within the City or the construction, establishment or operation of self -storage facilities, mini-storage facilities and recreational vehicle storage facilities. Because the expiration of the statutory 45 -day period will occur prior to the City Council's May 3, 2023 regular meeting, staff scheduled the required public hearing and associated decision on whether to extend the moratorium for the Council's April 19, 2023 regular meeting. On April 19, 2023, the City Council adopted Urgency Ordinance No. 1793 that extended the aforementioned moratorium for up to 10 months and 15 days. As part of the moratorium consideration process, staff developed a work plan inclusive of community and stakeholder engagement, policy review and analysis and Planning Commission and City Council study sessions and public hearings.

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Goals, Policies, Objectives, Standards or Other Plan
Proposals that need to be Added or Were Deleted,
Amended or Otherwise Adjusted:

There were no actions taken in 2023 to amend goals, policies, objectives, standards or other plan proposals.

Planning Activities Initiated/General Plan
Amendments/Major Development Applications
Processed:

The City processed a number of major development applications in 2023 comprised of:

• A new residential development comprised of 1,500 units in a gated 55+ community. • A new single-family and multi-family residential project comprised of 1,200 units. • A 180-unit/100 percent affordable housing project.
• A 20 residential unit multi-family project with ground floor commercial space. • A 30 residential unit multi-family project with ground floor commercial space. • Expansion of an existing used care dealing from 7,500 square feet to 28,175 square feet with on-site carwash building and 54 parking spaces. • New recreational vehicle storage development comprised of a 1,500 square foot one- story office building and 212 covered recreational vehicle and boat parking spaces. • New indoor storage facility comprised of 565 units and 72 recreational vehicle parking spaces.
• A multi-tenant 13,602 square foot commercial retail center comprised of three drive- thru fast-food restaurants.
• A new drive-through/pick-up window coffee restaurant.

Additional Content:

Review of:

Interagency or intergovernmental coordination efforts and identify areas for improvement.

This may include participation in a regional blueprint or partnerships with State or Federal programs.

During 202 3, the City participated in intergovernmental coordination efforts with the Coachella Valley Association of Governments (CVAG), the Coachella Valley’s Metropolitan Planning Organization, regarding transportation, land use and housing for the Coachella Valley.

During 2023, the City participated in an intergovernmental coordination effort regarding

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the provision of current and future adequate electrical infrastructure for the Eastern Coachella Valley inclusive of the Cities of Indio, La Quinta and Coachella.

The implementation of mitigation measures from the General Plan Final Environmental Impact Report or Negative Declaration.

The California Environmental Quality Act (CEQA) requires that a reporting or monitoring program be adopted for the conditions of project approval that are necessary to mitigate or avoid significant effects on the environment (Public Resources Code 21081.6). This mitigation monitoring and reporting program is intended to track and ensure compliance with adopted mitigation measures during the project implementation phase. For each mitigation measure recommended in the Final Environmental Impact Report (Final EIR), specifications are made herein that identify the action required, the monitoring that must occur and the agency or department responsible for oversight.

The City Council adopted the Program Final Environmental Impact Report (PFEIR) for the Indio General Plan 2040 on September 18, 2019. Appendix J of the PFEIR is comprised of the Mitigation Monitoring and Reporting Program (MMRP). The City regularly implements the MMRP, as applicable. For example, the City requires evidence of approval for qualifying projects from the Southern California Air Quality Monitoring District (SCAQMD). As part of its land use entitlement review process, the City requires cultural resources reports as part of the City’s initial application process. For each development proposal, the City notifies applicable Native American Tribes pursuant to the statutory provisions of AB 52 and/or SB 18, regularly conducts government to government consultations and incorporates requested mitigation measures from one or more of the Tribes into the conditions of approval for a development project. Finally, the City Council approved an expansive citywide Capital Improvement Project (CIP) Program in 2023 that is addressing a number of the specified capital projects in the MMRP.

Equity planning considerations of the General Plan, such as impacts on particular ethnic or socioeconomic population groups (i.e., environmental justice issues).

The Indio General Plan 2040 contains a Health and Equity Element. The City, because of limited staff and financial resources, has not had the capacity to engage in large scale implementation of this Element . The City also installed electrical vehicle charging stations and began the planning process for the installation of additional charging stations by the City through a state grant. Further, the City approved the installation of 36 additional electrical vehicle charging stations in North Indio. Also, in 202 3, the City continued its sponsorship of the Indio Certified Farmer’s Market that is held October through May in Downtown Indio on City - owned property. In 2023, the City’s Police Department continues its practice of extensive volunteer and community outreach program comprised of a Neighborhood Watch Program that enlists the active participation of residents in cooperation with law enforcement to reduce crime in residential communities, Crime Free Multi -Housing Program that helps rental property owners, residents, police and other agencies work together to keep illegal nuisance activities off of rental properties, Business Outreach Program that offers robbery and burglary prevention, code enforcement and trespassing ass istance, Crime Prevention Through Environmental Design (CPTED) that analyzes the physical environment to

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reduce the incidence and fear of crime, including graffiti and a staffed mobile Graffiti Abatement Program.

Summarize efforts to:

Promote infill development, reuse, and redevelopment particularly in underserved areas while preserving cultural and historic resources.

The City Council adopted the City of Indio Unified Development Code on September 21, 2022 that became effective on October 22, 2022. The Unified Development Code contains the City’s land use allowances and development standards and is implemented citywide. This Plan is intended to implement the General Plan 2040’s vision and goal of a more compact, connected and dense City. The City Council also adopted the Highway 111 Corridor Specific Plan on September 21, 2022. This Plan is intended to implement the higher density/higher intensity land use patterns envisioned by the General Plan 2040 for this area of the City and promotes mixed use development, connections between private properties and to the public rights -of-way, context sensitive design to minimize impacts to existing non -residential developments within the corridor and to surrounding residential developments. The City continues to implement the Downtown Specific Plan adopted in April 2020 that promotes a compact and efficient land use pattern for the 140- acres downtown area of the City. In 2023, the City processed land use entitlement applications for the development of 20 units of market rate housing and 30 units of market rate housing in Downtown Indio. Also, in 2023, the City processed a land use entitlement application for 206 one hundred percent affordable multi -family housing units.

As part of its land use entitlement review process, the City requires cultural resources reports as part of the City’s initial application process. For each development proposal, the City notifies applicable Native American Tribes pursuant to the statutory provisions of AB 52 and/or SB 18, regularly conducts government to government consultations and incorporates requested mitigation measures from one or more of the Tribes into the conditions of approval for a development project.

Protect environmental and agricultural resources and other natural resources.

The City of Indio has adopted the Coachella Valley Multi -Species Habitat Conservation Plan and implements its requirements as appropriate in applicable parts of the City. The City works to actively promote the remaining agricultural resources in the community although the City’s growth and development over the last 30 years has significantly reduced the amount of agricultural resources land that is in operation within the City. The City implements the statutory and City requirements of the California Environmental Quality Act (CEQA).

Encourage efficient development patterns.

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citywide. This Plan is intended to implement the General Plan 2040’s vision and goal of a more compact, connected and dense City. The City Council also adopted the Highway 111 Corridor Specific Plan on September 21, 2022. This Plan is intended to implement the higher density/higher intensity land use patterns envisioned by the General Plan 2040 for this area of the City and promotes mixed use development, connections between private properties and to the public rights -of-way, context sensitive design to minimize impacts to existing non -residential developments within the corridor and to surrounding residential developments. The City continues to implement the Downtown Specific Plan adopted in April 2020 that promotes a compact and efficient land use pattern for the 140- acres downtown area of the City. During 2023, the City worked with the developer of an approved four-story building to address project financing issues for a project containing 72 market rate apartments on Floors 2-4 and 7,000 square feet of commercial space on Floor 1. In addition, in 2023, the City facilitated the buildout of five (5) new businesses into Downtown Indio and worked with the College of the Desert on its 80,000 square feet campus expansion project. In 2023, the City processed land use entitlement applications for the development of 20 units of market rate housing and 30 units of market rate housing in Downtown Indio. Also, in 2023, the City processed a land use entitlement application for 206 one hundred percent affordable multi -family housing units along Highway 111.

Describe the jurisdiction's strategy for:

Economic development – Depending on the needs of your jurisdiction, this analysis could include information on the ratio of jobs to dwelling units, tax revenues, demographics, census information, etc.

The City of Indio has an Economic Development Department comprised of five (5) full- time staff members. During 202 3, the Department focused on downtown revitalization efforts through the marketing and sale or lease of city- owned properties to increase the number of businesses and employment within the City’s designated downtown area as well as to increase tax revenue generation from this area of the City. In addition, Economic Development developed a robust social media marketing program to highlight new business opportunities in the City and new or expanded programs and events.

Monitoring long-term growth – For example: population growth, employment growth, land use development, and the provision of adequate supporting public services and infrastructure.

Subsequent to the adoption of the General Plan 2040 in September 2019, the City has engaged in monitoring efforts for long -term growth. We have monitored population and employment growth figures for each calendar year to determine land absorption rates, land use pattern and employment gains and losses. We have monitored the City’s limited supply of industrial land and its absorption by non -employment generating land uses, particularly self-storage/mini-storage facilities and recreational vehicle storage fac ilities.

This latter monitoring resulted in the initiation of a study by staff and public meetings with the Planning Commission to review the long -term land use allowances of these types of land uses. Based on this public discussion, the Planning Commission in early 2023 made an advisory recommendation to the City Council to enact a moratorium on these types of

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land uses to allow for a through public review of the long -term continued allowances of these land uses and potential limitations or restrictions on these land uses.

Other actions:

Outline department goals, objectives, activities, and responsibilities, as they relate to land use planning.

The Community Development Department administers the City's land use policies, including the administration of the General Plan and the implementation of zoning, building, subdivision and environmental regulations to ensure the orderly physical growth of the community. Program activities range from advance and current planning to building permit issuance and inspection, business license inspection, building permit and business license code enforcement, housing support services and Housing Element implementation. The Department also oversees the City’s Community Development Block Grant (CDBG) entitlement program. The Community Development Department is comprised of three (3) services area consisting of Building and Safety Services, Housing and Neighborhood Services and Planning Services. The Department’s primary goals and objectives are to ensure that the City’s long -term vision for growth and development are realized in the continued physical development and redevelopment of the City, to educate and inform residents, property owners and businesses on the adopted rules and regulations of the City and to deliver high-quality customer service.

Perform a regional or sub-regional outlook of population growth, housing, job generation, and other socioeconomic trends.

The City works regularly with the Coachella Valley Association of Governments (CVAG), the Coachella Valley Economic Partnership (CVEP), Lift to Rise and Riverside County to analyze sub-regional trends for the Coachella Valley in the areas of population growth, housing and job generation. The City through its adoption and certification of its Sixth Cycle Housing Element, has adequately planned for needed housing in the City. In the summer of 2022, the City initiated the development of the City’s Pro -Housing Plan to identify strategies and actions needed to obtain a Pro -Housing designation from the California Department of Housing and Community Development (HCD). This Plan and the City’s receipt of the designation will commit to the City to pro-active strategies to help increase overall housing production in the City with a focus on increasing the supply of affordable housing in the City. The City Council adopted the City’s Pro -Housing Plan in October 2023 following several study sess ions earlier in the year with the Council to refine the Plan . City staff anticipates apply ing for a Pro -Housing designation from the Department of Housing and Community Development in 2024.

Summarize the comments of other boards and commissions on the general plan implementation.

The City of Indio Planning Commission is actively involved in the implementation of the City’s General Plan. The Commission is the land use advisory body to the City Council.

The City Council has delegated certain quasi -judicial authorities to the Planning Commission for the review of land use related conditional use permits and site plan

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reviews. The Commission makes advisory recommendations to the City Council on the subdivision of real property for residential and non -residential land use purposes. The Commission also recommends to the City Council legislative actions including but not limited general plan text or map amendments, zoning text or map amendments and new or amended specific plans. During 202 3, the Planning Commission made advisory recommendations to the City Council on a mendments to specific plans and master plans and certain development applications subject to final decision-making by the City Council. In other instances, it made final decisions on development applicati ons that the City Council had previously delegated decision-making authority for.

Identify and monitor customer service improvements and methods to encourage public involvement in planning activities.

In 202 3, the City refined its public-facing GIS webpage to incorporate updated information pertaining to its interactive GIS based Development Dashboard . This Dashboard offers citizens, businesses owners and other interested parties the opportunity to obtain real-time data on current development projects and their various statuses.

As part of the adoption of the City’s Unified Development Code, the mailed public notice area for public hearing notices was increased from 300 feet to 500 feet and the preparation and installation of four (4) by four (4) public notice boards were established.

Both of these requirements were implemented throughout 2023 for received development applications.

Review and summarize grant administration for land use planning activities.

During 2023, the City administered and closed out two grants comprised of an SB 2 Planning Grant and a Local Early Action Planning (LEAP) Grant. The SB 2 Planning Grant in the amount of $310,000 was for the preparation of the Highway 111 Corridor Specific Plan. The LEAP Grant in the amount of $300,000 was for the preparation of the City’s Sixth Cycle Housing Element and Pro -Housing Plan/Pro -Housing Designation Request. Bothe of these projects were completed in 2023.

Provide a technology review such as the implementation of Geographic Information Systems (GIS) or the establishment of websites.

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Appendix A

The General Plan and CAP Implementation Status Table

March 2024
Project Status Key:

• Ongoing: Recurring or continues action
• Pending: Incorporated in a current work and/or planned for the immediate future
• Underway: In the process of being implemented
• Complete: Action/task has been completed

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Land Use and Community Design Implementation Programs
# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
1 Specific plan
consistency. Following
adoption of the
General Plan, review
the existing, adopted
Specific Plans and
Project Master Plans
and make changes to
ensure consistency
with the General Plan.

High Planning Short Pending
due to
limited staff
resources
2 Update zoning. Modify
zoning standards to
promote
neighborhood, district,
and center design.

Zoning standards
should consider
building intensity,
height and massing,
placement on a lot,
parking location and
amount, ground-floor
open space, and
parking location and
access. The revised
zoning should include:
• Form-based
regulations and
standards that
create more
certainty in the
development
review process,
and clearly define
walkable centers
and
neighborhoods.

Design guidelines
to illustrative
High Planning Short Complete

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community
character and
complement
development
requirements.
• Building design
standards to foster
growth and
development in the
existing residential
neighborhoods,
including by-right
up zoning and
support for missing
middle housing.
• Updated
subdivision
ordinance.
• Streamline desired
uses to permit
uses that foster
greater economic
opportunity and
conform to
General Plan by-
right, including
hospitality, visitor-
serving uses, and
temporary or pop-
up uses.
• Allow for reduced
parking
requirements,
unbundled parking,
shared parking,
and multiple tenant
structures that
encourage
development of
shared spaces and
services.

# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
3 Development review.

Work to find efficacies
and make
Medium Planning Ongoing Ongoing

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development
permitting as simple
and as transparent as
possible.
• Move elements of
permitting process
online where
possible
• Integrate the
permitting and
planning with GIS
capabilities to aid
in program
development
• Work to reduce
multiple visits per
applicant

4 Neighborhood master
planning process.

Review existing
project master plan
requirements and
update the planning
process to enable
incremental
development of
vacant parcels while
generating
interconnected
centers,
neighborhoods, and
employment areas of
the City.

High Planning,
Public Works
Short Pending
due to
limited
staff
resources
# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
5 Development fees:

Update citywide
development impact
fees for infrastructure,
affordable housing,
other community
High Planning,
Economic
Development,
Public Works,
Parks
Medium Complete

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benefits, and long-
range planning.

6 Business
Improvement Districts.

Facilitate the
formation of Business
Improvement
Associations (BIA),
Business
Improvement Districts
(BID), or similar to
unite business owners
into area branding,
marketing, ongoing
maintenance, and
beautification efforts.

Focus initial efforts in
Downtown, Midtown,
and Highway 111.

High Planning,
Economic
Development
Medium Pending
7 Placemaking program.

Implement a
placemaking program
focused on cost-
effective and flexible
activities, such as a
“lighter, quicker,
cheaper” approach in
Midtown and
Downtown.

High Planning,
Economic
Development
Short Underway
8 Midtown marketing.

Create a Midtown
branding and
marketing strategy.

Medium Planning,
Economic
Development
Short Underway
# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
9 Midtown master
developer. Study
whether to seek a
master developer to
lead redevelopment
efforts in the Midtown
subarea.

High Planning,
Economic
Development
Short Complete

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10 Development
monitoring. Monitor
future development
and growth in the City
and report annual
changes to the
Planning Commission
and City Council. Key
metrics may include
housing by type and
income level,
commercial floor area,
jobs, vehicle miles
traveled, and
greenhouse gas
emissions.

Medium Planning Ongoing Ongoing
11 Infill housing incentive
program. Establish an
infill housing incentive
program consistent
with the Housing
Element. Potential
incentives may
include an expedited
building permit
process, impact fee
waivers, or other
incentives.

Medium Planning,
Economic
Development
Long Pending
12 General Plan reviews.

Review the General
Plan on a five-year
cycle, including a
review of individual
elements and
community programs.

Periodically revise the
General Plan and
respond to individual
Plan Amendment
petitions.

High Planning,
Economic
Development
Short Pending
Mobility Implementation Programs
# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS

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13 Design guidelines.

Complete the City’s
complete street
design guidelines and
update the City’s
design standards for
consistency with
complete streets.

High Public Works Short Complete
Protected streets and
intersections list.

Develop a list of
protected streets and
intersections that are
exempt from a level of
service standard (see
policy ME-1.8) for any
mode or that are
exempt from
implementing
appropriate complete
street standards. This
list will be maintained
by the City’s Public
Works Department
and shall be approved
by City Council
resolution. Conditions
that would warrant a
complete streets
exception would
include inadequate
right-of-way, potential
impacts to
environmentally
sensitive areas, the
need to modify mode
priority due to an
adjacent land use
compatibility issue, or
the need to maintain
enhanced designs for
other prioritized
modes.

High Public Works Short Pending
# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS

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14 Development review.

Update the City’s site
plan review process
and subdivision
ordinance to require
the provision of
adequate bicycle and
pedestrian access for
new development
projects.

High Planning,
Public Works
Short Complete
15 SB 743 monitoring.

Monitor
implementation of SB
743 and update the
City’s CEQA
guidelines to reflect
revisions in CEQA
requirements. The
City’s consistency with
SB 743 requirements
does not relieve
development from
maintaining the City’s
level of service
requirements noted in
Policy ME-1.8.

Medium Public Works Short Complete
# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
16 Curb-space allocation.

Develop curb space
priorities and
guidelines to assist
with actively
managing increased
Medium Public Works Medium Pending

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demands on curb
space utilization.

17 Parking requirements.

Revise the Zoning
Ordinance
requirements for off-
street parking to
ensure consistency
with the General Plan.

High Planning,
Public Works
Short Complete
18 Dedicate City staff for
Complete Streets and
Safe Routes to School
Projects. Allocate
additional staff
resources to manage,
implement and pursue
funding for complete
street projects,
including the submittal
of grant applications
for bikeway,
pedestrian and Safe
Routes to School
(SRTS) funding.

High Public Works Short Ongoing
19 Vehicle idling.

Establish a local
ordinance that
exceeds the state
vehicle idling
restrictions where
appropriate, including
restrictions for bus
layovers, delivery
vehicles, trucks at
warehouses and
distribution facilities
and taxis, particularly
when these activities
take place close to
sensitive land uses
(schools, senior
centers, medical
facilities and
residences).

Medium Public Works Medium Pending

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20 Collision analysis.

Analyze areas of high
risk of pedestrian or
cyclist danger and
develop a priority list
of future physical
improvements that
consider future land
uses within the area.

High Public Works Short Ongoing

Economic Development Implementation Programs
# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
21 Update economic
development
planning. Continue to
update and implement
an economic
development strategy.

The strategy should
be based on analysis,
community and
stakeholder
engagement, General
Plan goals and
policies, and City
Council priorities. In
addition to the vision,
goals, objectives, and
actions generated
during preparation of
the strategy, it should
actively seek to
achieve the goals of
the General Plan, and
it may provide or
address the following:

• A business
visitation program
• A communications
strategy to market
Indio to existing
businesses,
residents, and
High Economic
Development,
community
partners
Ongoing Ongoing

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potential new
business
• Specific business
types to target for
business attraction
efforts
• An incentives
policy
• Measurable
objectives for local
economic
development
efforts and for
collaboration with
regional economic
development
partners
• Economic
development
performance
benchmarks and
targets
• A mechanism to
measure
performance and
adjust programs
where needed to
improve
performance

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# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
22 Establish and
implement an annual
business visitation
program. Focus on
attracting and
recruiting new
investment in key
sectors with a focus
on hospitality and
retail.
• Participate in
investment events
such as ICSC
conferences
• Commission a
hospitality market
study and identify
sites for future
investment
• Maintain and
update inventory of
sites for
commercial
development
High Economic
Development,
community
partners
Ongoing Ongoing
23 Establish, update, and
publish an inventory of
sites and facilities.

Continue to make
inventory of available
spaces for economic
development and new
High Ongoing
Economic
Development,
investments available.

Keep information up
to date and available
on line.
• Provide
information of
commercial
development sites
by type of land use
High Economic
Development,
community
partners
Ongoing Ongoing

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• Provide
information on
large scale
residential
developments
community
partners

# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
24 Downtown Indio
Specific Plan. Market
the Downtown
Specific Plan to
developers and
businesses generally
conducive to a
pedestrian-oriented
Downtown area, such
as a mix of local and
regional-serving retail,
local serving office
uses, arts and cultural
facilities, and cafes /
restaurants.

High Economic
Development,
community
partners
Ongoing Ongoing
25 Midtown district.

Market the Midtown
District to developers
and businesses to
revitalize the area
around the Fashion
Fair Mall.

High Economic
Development,
Planning
Short Ongoing
26 Streamline
development
permitting process.

Work to find efficacies
and make
development
permitting as simple
and as transparent as
possible. • Move
elements of permitting
process online where
possible • Integrate
the permitting and
planning with GIS
Medium Planning Ongoing Complete

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capabilities to aid in
program development
Work to reduce
multiple visits per
applicant.

# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
27 Marketing and
placemaking
programs. Develop
marketing and
beautification
strategies to raise
awareness of areas
targeted for
revitalization
High Economic
Development,
Planning
Short Ongoing
28 Workforce training
inventory. Conduct an
inventory of workforce
training needs of
businesses in Indio
and coordinate with
regional partners and
other educational
institutions to identify
or create suitable
training programs and
help coordinate
training resources in
the County.

High Economic
Development
Short Ongoing
29 Public-private
partnerships. Support
the use of public-
private partnerships to
foster job growth and
vocational training,
including partnerships
used or planned by
major public entities in
Indio.

Medium Economic
Development
Ongoing Ongoing

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Health and Equity Implementation Programs
# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
30 Health resources
inventory. Develop an
inventory of health
resources in the City
in cooperation with the
Riverside University
Health System-Public
Health and local
hospital system.

Medium Planning Short Pending
31 Healthy food plan.

Develop a plan to
attract more healthy
food choices for
residents of the City.

The plan should
strategically consider
location and
expansion of new and
existing businesses to
promote access to
healthy food choices,
including farmers’
markets (see action
3), throughout the
City, including
incentives to locate or
expand grocery stores
and other healthy food
purveyors throughout
the City.

Medium Planning Long Pending
32 Farmers’ market.

Pursue funding and
partner with local
organizations to
provide a year-round
farmers market in the
City and seek out
additional vendors to
participate in the
market
Medium Planning Medium Complete

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# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
33 Health fitness
challenges. Create
and implement health
fitness challenges for
City employees,
businesses, and
residents to
encourage healthy
living.

Low Community
Services
Medium Pending
34 Health fair. Host an
annual Health Day
Fair with information,
health care
screenings and
services, and activities
celebrating an active
lifestyle. The event
should be sponsored
by the City and
involve a wide range
of service providers.

Medium Community
Services
Ongoing Complete
35 Employee health and
wellness program.

Implement employee
health and wellness
programs such as:
• Offering discounts
for gym or health
club memberships;
Offering onsite
health clinics for
employees;
• Bringing in
exercise
instructors to teach
lunchtime classes;
Distributing
educational
information about
physical fitness,
nutrition, and other
Medium Community
Services
Medium Pending

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health topics to
employees;
• Organizing
competitive events
that encourage
employees to be
physically active;
and
• Prohibiting
smoking and
vaping on City
property.

# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
36 Town hall meetings.

Hold bi-annual town
hall meetings to
implement the
General Plan.

Publicize the meetings
widely and in multiple
languages.

Medium Planning Short Pending
37 Zoning code updates.

Amend City codes
and ordinances for
their impact on health.

Topics that should be
addressed include:
• Tobacco retail
licensing
• Standards for
multi-family
buildings located
along freeways or
truck routes or
near hazardous
materials
• Smoke-free multi-
family housing
• Location of fast
food restaurants
and liquor stores
High Planning Short Complete

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• Standards for
improved indoor
air quality resulting
from pollution such
as toxics, VOCs,
mold, paint,
asbestos,
smoking, and other
chemicals
• Encouragement for
HVAC systems
that achieve high
levels of indoor air
quality
• Reduction of dust
and other
emissions from
construction sites
and unpaved
industrial areas of
the City

38 Development
checklist. Coordinate
with the Riverside
University Health
System-Public Health
to implement a land
development review
checklist to ensure
that projects enhance
public health
outcomes. The
checklist should
address topics such:
• Pedestrian
environment
• Building siting
• Access to transit
• Access to parks
• Proximity to
healthy food
sources
• Proximity to
existing or
potential sources
of pollution (such
High Planning Short Pending

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as freeways and
land uses that use
hazardous
materials) Shade
and tree canopy

# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
39 Smoke-free events.

Support smoke-free
public events and
facilities, including
farmers’ markets,
public parks and trails,
and community street
fairs.

Medium Community
Services
Ongoing Ongoing
40 Regional coordination.

Cooperate with local,
regional, and state
agencies that work to
improve air quality
and mitigate negative
health impacts.

Medium Planning Ongoing Ongoing
41 Vandalism and
maintenance
reporting. Create a
program and/or
method for residents
to monitor and report
vandalism along with
maintenance issues in
parks and public
Right-of-Way.

Medium Planning Medium Complete
42 CPTED manual.

Develop a
development manual
to provide basic
requirements and
incentives for the
inclusion of design
features in new
development to
reduce potential for
crime. These features
could include well-
Medium Planning Medium Pending

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lighted parking areas,
open landscaping,
limited access into
and between
buildings, and limited
access to rooftops.

# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
43 Learning partnerships.

Partner with local
institutions and other
public and private
organizations to
maintain and enhance
existing extended
learning opportunities
through after-school
enrichment programs,
summer boost
programs, school
breaks, and weekends
for all children.

High Community
Services
Medium Pending
44 Housing Element.

Incorporate analysis
of key livability issues,
including
overcrowding, lead
exposure, and other
substandard housing
conditions, in the next
housing element
update.

High Planning Short Complete
45 Healthy Indio initiative.

In collaboration with
Riverside University
Health System-Public
Health, create the
healthy Indio Initiative
to promote public
health and wellness
citywide.

Medium Planning,
Community
Services
Medium Pending

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Parks, Recreation, and Open Space Implementation Programs # DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
46 Park Master Plan.

Prepare a Park
Master Plan that
includes the following:
• A comprehensive
inventory of the
City’s existing and
planned parks and
recreational
facilities, including
regional park and
open space
initiatives.
• A comprehensive
inventory of the
City’s existing and
planned trails.
• An assessment of
future park and
recreational needs.

Preferred planning
and zoning tools
for new
development, such
as land dedication
and in lieu fees.
• Park funding and
financing options,
including
mechanisms to
maintain existing
and future park
resources,
including
development
extract, general
fund, bonds, and
grants.

High Planning,
Community
Services
Short Pending

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# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
47 Park and Recreational
Facility Fee Study.

Conduct a park and
recreational facility fee
study, in conjunction
with other fee studies
defined in the General
Plan, to support
updated park and
recreational impact
fees.

High Planning,
Community
Services
Short Complete
48 Urban agriculture.

Amend the Municipal
Code to implement
the General Plan
Update to support
urban agriculture.

Adopt regulations that
specify the
requirements for
community gardens
and other urban
agricultural uses, such
as farm stands,
farmers’ markets, and
animal keeping.

Medium Planning Short Complete
49 Community garden
program. Establish a
community garden
program in the City.

Medium Community
Services,
Planning
Medium Pending
# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
50 Park placemaking.

Create incentives for
converting vacant,
underutilized, or
parking lots into small
parks or open spaces
throughout the City.

Medium Planning Short Pending
51 Increase parkland.

Establish a funding
Medium Planning,
Public Works
Short Pending

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source to increase
parkland within Indio
by transforming
abandoned utility
corridors into linear
parks, reclaiming
unused street rights-
of-way, or purchasing
fallow farmland.

52 Trail signage. Develop
trail signage program
to include signage
along trails for
interpretative
purposes, and to
display rules of
appropriate use and
conduct on trails.

Low Public Works Short Pending
53 Edible landscaping
program. Develop a
program that permits
planting fruit trees
within parks or on
other City property.

Coordinate with non-
profit organizations or
community volunteers
to identify funding
sources, plant and
maintain the trees,
and harvest the fruit.

Low Planning and
Public works,
Parks
Short Pending
54 Joint use agreements.

Create joint-use
agreements with
Desert Sands Unified
School District to
maximize shared
community use of
school facilities and
City park facilities,
where appropriate, to
expand opportunities
for physical activity.

High Planning,
Community
Services
Short Pending

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Conservation Implementation Programs
# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
55 Staff allocation.

Designate a City staff
member(s)
responsible for
overseeing
implementation of its
energy and water
conservation
programs. Example
activities may include:
• Manage the
residential energy
disclosure
program.
• Promote
installation of solar
panels and
implementation of
energy upgrades
through Indio’s
Ygrene and HERO
Programs.
• Benchmark
municipal facilities
using the
Environmental
Protection
Agency’s

ENERGY STAR
Portfolio Manager
or equivalent
benchmarking tool
and identify energy
efficiency
upgrades in City
buildings.
• Establish an
employee
carpooling
program.

High Sustainability
Coordinator
Short Pending

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• Provide lectures,
seminars, and
training on green
building based on
guide and training
material
emphasizing
desert conditions
and opportunities.

56 Residential transfer of
title energy
disclosures. Establish
an energy disclosure
program to be
performed prior to
sale or other transfer
of title. Disclosures
should provide
prospective owners
with recommendations
for retrofit measures
to be given to the
buyer prior to transfer
of title.

High Planning,
Sustainability
Coordinator
Short Pending
57 Low-income
weatherization
assistance program.

Partner with Imperial
Irrigation District and
SoCal Gas to
aggressively promote
existing programs that
provide financial
assistance to low-
income households
for weatherization
improvements and
heating, ventilation,
and air conditioning
(HVAC) tune-ups.

High Sustainability
Coordinator
Ongoing Ongoing

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# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
58 Solar financing.

Formalize and
implement a protocol
to promote installation
of solar panels by
continuing to support
Indio’s Ygrene and
HERO Program and
by distributing
information on actual
savings achieved by
PV systems.

High Sustainability
Coordinator
Short Pending
59 Landscape and water
conservation
ordinance. Adopt the
Coachella Valley
Model Water Efficient
Landscape
Ordinance.

High Planning,
Public Works
Short Complete
60 Greywater Ordinance.

Study and adopt an
ordinance allowing
greywater systems
that redirect water
from washbasins,
showers, and tubs.

Planning,
Public Works
Pending
61 Zoning and
implementation
ordinances. Regularly
review and update
zoning and building
codes to enable
innovative
sustainability
measures, including
implementation of the
following:
• Permit approval
streaming for
renewable energy
or energy
upgrades
High Planning,
Public Works,
Sustainability
Coordinator
Ongoing Complete

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• Greywater capture
and reuse systems
• Wind generation
on residential and
commercial
buildings Electric
vehicle
infrastructure
requirements
• Green building
performance
standards, such as
those to achieve
Net Zero goals
• Dark Sky
Ordinance

62 Heritage trees.

Identify heritage trees
that should be
preserved. Trees on
this list shall only be
removed when a
public interest served
by removal outweighs
the interest in
preservation and
heritage status.

Medium Community
Services,
Planning
Ongoing Pending
63 Agricultural study.

Develop a study of
sound agricultural
practices that
addresses surface
and groundwater
contamination,
particulate emissions
from agricultural
operations, minimal
soil erosion, and the
buildup of salts in
soils. Based on the
study, create
brochures available to
the agricultural
community.

Low Community
Services
Short Pending

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# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
64 Historic resources
program. Establish a
program and identify
potential funding
sources to facilitate
the preservation and
maintenance of
identified historic
resources. Ensure
that any proposed
changes to such
landmarks are
appropriate to the
historic character of
the original structure.

Medium Planning Short Pending
65 Historic resources
design guidelines.

Prepare and adopt
design guidelines that
contribute to the
creation of a
distinctive character
for each subarea
based on important
historic/cultural
resources within each
subarea.

Medium Planning Short Pending
Infrastructure and Public Facilities Implementation Programs # DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
66 Plan consistency.

Following adoption of
the General Plan,
review the existing
utility master plans
and make changes to
ensure consistency
with the General Plan.

High Public Works Short Complete
67 City ordinances.

Update the existing
City code and
High Public Works,
Planning
Short Underway

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ordinances to reflect
current requirements
and GP policies for
water, sewer, and
storm drainage
requirements and
policies. This should
include low impact
development practices
which improve water
quality and promote
groundwater
recharge, increase on-
site infiltration.

68 Groundwater
management plan.

Complete the
Groundwater
Management Plan, as
required by State law.

Oversee the
completion of the Plan
and provide materials
and resources as
needed.

Medium Public Works Short Complete
# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
69 Solid waste diversion.

Establish a waste
diversion plan within
a minimum diversion
rate of 75% of solid
waste generated from
landfills.

High Public Works Short Underway
70 Multifamily recycling.

Establish a protocol to
expand outreach and
technical assistance
to multifamily
buildings to increase
recycling in
accordance with
AB341.

Medium Public Works Short Pending

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71 Green purchasing.

Implement a “green
purchasing” program
that minimizes
impacts to the
environment from
production to disposal.

The program should
address product
stewardship and
producer
responsibility.

Medium City Manger Short Pending
Food share programs.

In conjunction with
community partners
and neighborhood
organizations, explore
and pilot food share
programs reduce food
waste.

Low Planning,
Public Works
Medium Pending
Event waste diversion.

Require recycling and
food waste diversion
at special events,
including City-hosted
events.

High Public Works Short Pending
# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
72 Neighborhood clean-
up program. In
coordination with the
Housing and
Development Services
Department, host
community and
neighborhood clean-
up program, tree
planting, and other
beautification
programs.

Low Planning,
Public Works
Short Ongoing
73 Development impact
fees. Adopt nexus-
based impact fees
that mitigate the cost
of providing
High Planning,
Public Works
Ongoing Complete

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infrastructure and
public facilities to
serve new
development. Address
infrastructure
improvements that are
necessitated by new
development –
including water,
sewer, stormwater,
and utilities. Seek
additional funding
mechanisms as
necessary.

74 Sewer and stormwater
user fees. Update
existing user fees for
sewer and stormwater
to fund needed
system upgrades and,
to the extent feasible,
allow for wastewater
recycling and
stormwater capture for
beneficial use.

Medium Planning Medium Complete

Safety Implementation Programs
# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
75 Plan consistency.

Following adoption of
the General Plan,
review the existing
hazard mitigation and
emergency operations
plans and make
changes to ensure
consistency with the
General Plan.

High Emergency
Services
Coordinator
Ongoing Pending
76 California building
codes. As new
versions of the
California Building
Standards Code (CCR
Title 24, published
Medium Building &
Safety, Public
Works
Ongoing Complete

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triennially) are
released, adopt and
enforce the most
recent codes.

Specifically, to
minimize damage
from earthquakes and
other geologic activity,
implement the most
recent State and
seismic requirements
for structural design of
new development and
redevelopment.

# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
77 Develop city
standards and
guidelines. The City
shall develop
standards and
guidelines and require
their use in new
construction to
provide the greatest
possible protection for
human life and
property in areas
where there is a high
risk of seismic or
geologic hazard
occurrence. This
could include
requirements for
geotechnical reports
and seismic safety
plans and setbacks for
new construction,
among others.

Medium Planning Short Complete
78 Maintain GIS
database. Maintain
the City’s Geographic
Information System
(GIS) database to
assist hazard
planning, including:

High Planning,
Public Works
Ongoing Pending

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• Critical facilities
• Vulnerable
populations
• Infrastructure

79 Critical facility
insurance coverage.

Document current City
insurance coverage
on critical City
facilities. Collect all
costs associated with
mitigation from a
disaster and operating
costs as required by
Federal funding
eligibility.

High Emergency
Services
Coordinator`
Short Ongoing
# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
80 Residential disaster
response plans.

Establish a program
that requires all
residential
associations over 100
homes to establish a
disaster response
plan and practice the
plan regularly.

Establish a disaster
response drill/exercise
schedule requirement
and practice annually.

Low Ongoing
Low Emergency
Services
Coordinator,
Planning
Ongoing Ongoing
81 Emergency
management.

Establish an
ordinance for anti-
price gouging, on call
debris management
contractors, and pre-
identified mass care
shelter locations.

Low Emergency
Services
Coordinator
Short Pending

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82 Community
Emergency Response
Team (CERT
newsletter. Regularly
publish a CERT
newsletter.

Low Emergency
Services
Coordinator
Short Pending
83 Reduce fire hazards.

Amend the Municipal
Code to include weed
abatement/brush
management
regulations to reduce
fire hazards and
ensure adequate
coordination between
planning and fire
issues.

Medium Planning,
Emergency
Services
Coordinator
Short Pending
# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
84 Hazard impact
assessment. Hire a
consultant to conduct
a Hazards Impact
Assessment for City of
Indio that will identify
losses to revenue,
and recovery time
objectives for
businesses and the
City.

Medium Emergency
Services
Coordinator
Medium Pending
85 Disaster mitigation
funding. Consider
applying for Mitigation
grant funding
opportunities before a
disaster (Stafford Act
Section 404) and
prepare as much as
possible for mitigation
projects after a
disaster (Stafford Act
Section 406).

Typically, private
property is not eligible,
but there may be
other funding
Medium Emergency
Services
Coordinator
Ongoing Ongoing

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opportunities for
HOAs, etc.

86 Hazardous mitigation
training course.

Implement an 8-hour
hazardous mitigation
basic training course
requirement for new
hires of the City of
Indio.

Low Emergency
Services
Coordinator
Short Pending
87 Climate vulnerability
assessment.

Complete a climate
vulnerability
assessment
consistent with the
requirements of SB
379 at the time of the
next Housing Element
update.

High Planning,
Emergency
Services
Coordinator
Complete
Noise Implementation Programs
# DESCRIPTION PRIORITY RESPONSIBILITY TIME
FRAME

PROEJCT
STATUS
88 Special events noise
mitigation program.

Continue to monitor
Special Events noise
levels and seeks ways
to mitigate for least
neighborhood
disruption, including in
the Major Music
Festival Overlay Zone.

High Planning,
Public Works
Ongoing Ongoing
89 Noise ordinance.

Amend the noise
ordinance to include
day and nighttime
noise level limits and
to specifically protect
noise sensitive land
uses during overnight
hours.

High Planning Short Pending

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90 Airport overlay. Adopt
an overlay zone, as
part of the Noise
Ordinance or
separately, for lands
that fall within the
airport influence area
of the Bermuda Dunes
Airport.

Medium Planning Medium Pending
91 Construction noise
limits. Review the
hours of allowed
construction activity to
ensure they effectively
lead to compliance
within the limits
(maximum noise
levels, hours and days
of allowed activity)
established in the
City’s noise
regulations.

Medium Planning Short Ongoing
92 Noise studies.

Require submittal of
applicable technical
reports prepared by
qualified professionals
as part of the
development review
process. Depending
on the location, size,
or type of
development
proposed, technical
reports could be
required, including a
noise impact analysis.

High Planning Ongoing Ongoing

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2023 General Plan Annual Progress Report for submittal to the Governor’s... Page 255 of 503 City of Indio
City Council
March 20, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Construction Contract with Three Peaks Corp., in an amount not-to-exceed $11,832,256.16, for the Indio Sports Park Improvement Project (City Project No. PK2203), and budget adjustments.

RECOMMENDATION:

Approve the project plans and specifications for the Indio Sports Park Improvement Project (City Project No. PK2203); reject the bid protest by Act 1 Construction, Inc. and award a construction contract to Three Peaks Corp., in an amount not-to-exceed $11,832,256.16. Further, approve a budget transfer from available General Fund Fund Balance of $1,100,265.16 to fully fund the project.

SUMMARY:

On February 28, 2024, staff received seven (7) construction bids for the Indio Sports Park Improvement Project. After a thorough bid analysis and due diligence, staff determined that Three Peaks Corp. (Three Peaks) is the lowest bidder.

BACKGROUND INFORMATION:

The City was successful in receiving Proposition 68 Statewide Park Development and Community Revitalization Program Funds in the amount of $8.5 million from the State Office of Grants and Local Services (OGALS) to build a new sports park for the City. The project includes soccer and baseball fields, landscaping, grading, concrete work, storm drains, water and sewer.

The construction part of the project was advertised on January 11, 2024. The City received and opened bids on February 28, 2024. A total of seven (7) sealed bids were received. A summary of the bids are provided below.

Bidder’s Name Location Total Bid
Three Peaks Corp. Calimesa, CA $11,832,256.16
Act 1 Construction, Inc. Norco, CA $12,996,149.14
Riverside Construction Comp. Inc. Riverside, CA $14,440,904.46 Los Angeles Engineering Covina, CA $14,447,000.00
Horizons Construction Company Int’l. Inc. Orange, CA $14,993,433.33 Granite Construction Company Indio, CA $15,101,205.00 Urban Habitat Environmental Landscapes La Quinta, CA $17,139.069.43

AGENDA ITEM #8.10
Construction Contract with Three Peaks Corp., in an amount not-to-exceed... Page 256 of 503 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 Three Peaks Corp. The company is appropriately licensed and qualified to perform the work within the project specifications.

The Engineer’s construction cost estimate was $10,800,000. The bid amount is 9% higher than the cost estimate, reflecting the competitive market for this work.

On March 1, 2024, Act 1 Construction, Inc., (Act 1) the second lowest bidder submitted a timely bid protest, a copy of which is provided as Attachment 2. They claim that Three Peaks did not list subcontractors for the fence, landscape, shade structure and surveying work on the job. They also argue that Three Peaks did not list all of their public agency jobs they worked on, or are currently working on for the past two years on a bid references form.

On March 4, 2024, Three Peaks submitted their response to Act 1 bid protest letter, a copy of which is provided as Attachment 3. Three Peaks has done numerous park projects in the Coachella Valley including the Miles Avenue Dog Park and the Center Stage project currently under construction. The City already knew the contractor can self-perform the fencing, landscaping and install the shade structure. As stated in the letter the surveying work is under the threshold for listing subcontractors because the dollar amount of work is less than one half of one percent of the total bid price.

The review of the documents found that Three Peaks has submitted references form listing similar park projects done for public agencies throughout Riverside County and it demonstrates their ability to do the scope of work for this project.

Furthermore, The California Legislature adopted public bidding laws and requirements for the benefit of the public and public-agencies, and not for the financial benefit or gain of any particular bidder. As cited in Ghilotti, referring to Judson Pacific-Murphy Corp. v. Durkee [(1956) 144 Cal. App. 2d 337, 383]:

It certainly would amount to a disservice to the public if a losing bidder were to be permitted to comb through the bid proposal or license application of the low bidder after the fact [and] cancel the low bid on minor technicalities, with the hope of securing acceptance of his, a higher bid. Such construction would be adverse to the best interests of the public and contrary to public policy.

The Notice Inviting Bids, also states, “The City reserves the right to reject any Bid or all Bids, and to waive any irregularities or informalities in any Bid or in the bidding, as deemed to be in its best interest.”

The additional public agency projects that Three Peaks worked on, which were not included in their bid package, don’t affect their bid price nor give them an unfair advantage over Act 1 and the other bidders. The bid for Act 1 is significantly higher, by $1,163,892.98, than Three Peak’s bid. Since this omission doesn’t impact the essence of the bid, the City has the discretion to waive this minor irregularity in the bidding process for the greater good of the public.

Therefore, the City Engineer recommends that the City Council reject the bid protest by Act 1 Construction, approve the project bid documents, which are on file in the Department of Public Works, and award the contract to Three Peaks Corporation. Construction is scheduled to take place from May 2024 to June 2025.

FINANCIAL SUMMARY:

Page 2 of 23 ends

Construction Contract with Three Peaks Corp., in an amount not-to-exceed... Page 257 of 503 Current FY Financial
Impact:
$11,832,256.16 In current year budget: No
Current FY General
Fund Impact:
$3,894,731.00 Budget adjustment: Yes
Next FY Financial
Impact:

N/A Strategic Objective: Community Infrastructure
Source of funds: Grant, General Fund Fund-Org-Object
Reference:
various

Additional Financial Details:

The City will be using General Fund and State Clean California grant funds that were set aside for the construction of the Project, per the approved FY 23/24 Capital Improvement Program budget.

The City will also allocate $1,400,000 from the mid-year paving budget to pay for the street work portion of the project adjacent to the new park.

Staff requests approval to use General Fund fund balance to cover the unfunded portion of the project, totaling $1,494,731.00.

Increase appropriations:
1011190-581003 Operating Transfers Out $1,494,731.00

Expected Offset:
101-305005 Unassigned Fund Balance $1,494,731.00

Increase appropriations:
300-554002 Improvements Non-building $1,494,731.00

Increase estimated revenue:
300-408305 Operating Transfers In $1,494,731.00

State Proposition 68 Grant Remaining Balance $ 7,937,525.00 General Fund approved in FY24 budget $ 1,000,000.00
Street Paving approved in mid-year budget adjustments $ 1,400,000.00 Fund Balance $ 1,494,731.00
Total $11,832,256.00

ATTACHMENTS:

Attachment 1 - Project Location Map
Attachment 2 - Bid Protest from Act 1 Construction Inc.

Attachment 3 - Bid Protest Response from Three Peaks Corp.

Attachment 4 - City Contract w/ Three Peaks Corp.

APPROVAL(S):

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Construction Contract with Three Peaks Corp., in an amount not-to-exceed... Page 258 of 503 Timothy Wassil, Public Works Director Approved - 13 Mar 2024 Steven Graham, City Attorney Approved - 13 Mar 2024
Rob Rockwell, Assistant City Manager Approved - 14 Mar 2024 Bryan H. Montgomery, City Manager Approved - 14 Mar 2024

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Construction Contract with Three Peaks Corp., in an amount not-to-exceed... Page 259 of 503 ATTACHMENT 1
Project Location Map

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Construction Contract with Three Peaks Corp., in an amount not-to-exceed... Page 260 of 503

100 Civic Center Mall, Indio, CA 92201

@cityofindio 760-391-4000 Indio.org

PROJECT LOCATION MAP

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Construction Contract with Three Peaks Corp., in an amount not-to-exceed... Page 261 of 503 ATTACHMENT 2
Bid Protest
Act 1 Construction Inc.

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Construction Contract with Three Peaks Corp., in an amount not-to-exceed... Page 262 of 503

RE: Indio Sports Park Improvement Project No. PK2203
Formal Bid Protest Letter
Dated: 03/01/2024

To Whom It May Concern,

Act 1 Construction is submitting this letter as a formal Letter of Protest to the above-mentioned Public Works Project. After careful review of the bids, bid documents, and public contract code below are the listed reasons Act 1 feels this formal protest is in order.

Upon preliminary review, we noticed that Three Peaks Corp. (TPC) failed to list subcontractors for the landscape, structural steel canopies, fencing/gates and survey scopes of work. Additionally, Three Peaks Corp. Inc. failed to properly disclose all projects currently in progress, as required in the bid specifications. Public Contracts Code §4106 states that if a prime contractor fails to specify a subcontractor when so required, the prime contractor agrees that he or she is fully qualified to perform that portion himself or herself and will in fact perform that portion of the work. In this instance, Three Peaks Corp. is not qualified to perform the landscape, fencing, structural steel or surveying per the specifications set forth at bid time, nor is licensed to perform the work themselves (see Exhibits 1 – 4 for state license classifications). Clarification on identified deficiencies stated above and additional deficiencies are as follows:

1) Three Peaks Corp. failed to list a licensed fencing subcontractor. Public Contracts Code §4106 states that if a prime contractor fails to specify a subcontractor when so required, the prime contractor agrees that he or she is fully qualified to perform that portion himself or herself and will in fact perform that portion of the work. To our knowledge and research, Three Peaks Corp. is not licensed nor certified to perform the scope of work as explained above. Quality assurance section 16.3 emphasizes that all welding shall be performed in strict adherence to the current pertinent requirements of the American Welding Society. The value of the fencing scope, in which requires a C-13 license as defined by the California Contractor’s State License board, exceeds in value of upwards of $380,000. The identified defect shall be deemed incurable and their bid proposal shall be deemed unresponsive. This defect is an incurable bid advantage if the City accepts or awards this contract to Three Peaks Corp. as the tax-payers money is subject to bid shopping after award of contract for this significant scope of work. It is unfair to all subcontractors and/or other general contractors who submitted bid proposals as well.

2) Three Peaks Corp. failed to disclose Public Agency projects in excess of $15,000.00 that are currently in progress or that they have done in the last two years. Per the References Form in the bids docs on page B- 11, it requires that bidder must state projects “For all Public Agency projects in excess of $15,000 that you are currently working on or have worked on in the past two (2) years, provide the following information:”.

Additionally, per page B-10 it states that a “Failure to provide truthful answers to the questions above or in the following References Form may result in the Bid being deemed non-responsive.” Three Peaks Corp did not list numerous projects and six are shown below, among others, that were required by the bid specs to be listed. Here are some that we have come upon through publicly available DIR web sources. (Contract approx. amounts shown in parenthesis
)

(1) Duke Watkins Park - Project in Needles, CA that TPC is currently doing ($2,283,701) Note: TPC listed a different Duke project and did not list this one. (2) Marina Park First Beach – Project in Needles, CA that TPC is currently doing ($1,864,588) (3) Living Room Par Improvement– Project in Indio, CA that TPC is currently doing ($1,747,775) (4) 2022/2023 Concrete Program – Project in Yucaipa that TPC did approx. 1 year ago ($86,983) (5) 2nd Street & 3rd Street - Project in Yucaipa that TPC did approx. 1 year ago ($208,948) General Engineering Contractor

Page 8 of 23 ends

Construction Contract with Three Peaks Corp., in an amount not-to-exceed... Page 263 of 503 (6) 6124 Sidewalk project– Project in San Bernardino that TPC did approx. less than 2 years ago ($37,800)
Failure to disclose such projects, is not only an inadvertent act, but also directly violates the bid specifications set forth to all bidders. The identified defect should be deemed incurable and their bid proposal should be deemed unresponsive.

3) Three Peaks Corp. failed to list a subcontractor for the landscape scope of work for this project. The CA state license board does not show Three Peaks Corp. as having a C-27 license for landscape work. The value of the landscaping scope is upwards of $2,000.000.00 and is a major portion of work on this project.

To ensure proper compliance with the bid plans and specifications, the CSLB defines any contractor performing such work to possess a C-27 license (Authority cited: Sections 7008 and 7059, Reference:

Sections 7058 and 7059 (Business and Professions Code) in which Three Peaks Corp. does not possess. By not listing the required subcontractors, they failed to comply with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et sec of the Government Code of the State of California).

Not only does this violate PCC 4106, but this defect is an incurable bid advantage if the City accepts or awards this contract to Three Peaks Corp. as the tax-payers money is subject to bid shopping after award of contract for this significant scope of work. It is unfair to all subcontractors and/or other general contractors who submitted bid proposals as well.

4) Three Peaks Corp failed to list a qualified installer of the two hexagonal shade structures and other specialty equipment as identified on the bid specifications and drawings. To our knowledge, Three Peaks Corp. is not a certified installer of the listed manufacturers, nor do they carry a D-34 Prefabricated Equipment Contractor license that is found under the C-61 Limited Specialty license to install the specified shades structures (neither of which Three Peaks Corp possesses), especially the approved manufacturers reference in the bid specifications and/or addendums. This value of work exceeds $100,000 in value and quality assurance and warranty requirements may not be met unless a qualified and certified installer provides and installs such structures. The specifications require a licensed engineer to submit shop drawings and footing engineering prior to installation, all of which is not listed by a subcontractor licensed to perform such work on Three Peaks Corp.’s bid. Not only does this violate PCC 4106, but this defect is an incurable bid advantage if the City accepts or awards this contract to Three Peaks Corp. as the tax- payers money is subject to bid shopping after award of contract for this significant scope of work. It is unfair to all subcontractors and/or other general contractors who submitted bid proposals as well.

5) Three Peaks Corp. failed to list a licensed surveyor for this project and Per California Labor Code 1720, any subcontractor doing "construction" on a project shall be listed as a subcontractor and shall possess a valid DIR number. Surveyors are required to provide field labor that report to the state with a DIR number, a DIR listed journeyman trade, an apprenticeable craft, and have a subcontract with the Prime contractor.

They must be covered by a CA surveying license, therefore unless the Prime contractor carries a surveying license. Any trade that cannot be self performed by a prime contractor is by definition, a subcontractor. To our knowledge, Three Peaks Corp is not licensed to perform survey work.

Per the Subletting and Subcontracting clause in the project specifications on page IB-7, “Failure to list a subcontractor for a portion of the work means that the prime Contractor will do that portion of the work. It is the Agency’s intent for the Subletting and Subcontracting Fair Practices Act to apply to all phases of the work.”

Public Cont. Code § 4104(a)(l) & (b) therefore requires that prime contractor bidders on public jobs list in their bid the name and the "portion of the work" to be performed by any subcontractor in an amount in excess of $10,000 or more than .5% of the total bid price, whichever is greater. In this case, the value of the surveying scope of work exceeds an estimate of $60,000 in value. Such failure to list a surveyor gives Three Peaks Corp. an unfair bid advantage and such defects should be incurable.

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Construction Contract with Three Peaks Corp., in an amount not-to-exceed... Page 264 of 503

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Construction Contract with Three Peaks Corp., in an amount not-to-exceed... Page 265 of 503 Exhibit 1: Class A - General Engineering Contractor
https://www.cslb.ca.gov/about_us/library/licensing_classifications/a_- _general_engineering_contractor.aspx
A - General Engineering Contractor
Business & Professions Code
Division 3, Chapter 9. Contractors, Article 4. Classifications 7056. A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works requiring specialized engineering knowledge and skill, including the following divisions or subjects: irrigation, drainage, water power, water supply, flood control, inland waterways, harbors, docks and wharves, shipyards and ports, dams and hydroelectric projects, levees, river control and reclamation works, railroads, highways, streets and roads, tunnels, airports and airways, sewers and sewage disposal plants and systems, waste reduction plants, bridges, overpasses, underpasses and other similar works, pipelines and other systems for the transmission of petroleum and other liquid or gaseous substances, parks, playgrounds and other recreational works, refineries, chemical plants and similar industrial plants requiring specialized engineering knowledge and skill, powerhouses, power plants and other utility plants and installations, mines and metallurgical plants, land leveling and earthmoving projects, excavating, grading, trenching, paving and surfacing work and cement and concrete works in connection with the above mentioned fixed works.

Exhibit 2: Class C-27 – Fencing Contractor
https://www.cslb.ca.gov/about_us/library/licensing_classifications/C-27_-_Landscaping.aspx C-27 - Landscaping Contractor
California Code of Regulations
Title 16, Division 8, Article 3. Classifications
A landscape contractor constructs, maintains, repairs, installs, or subcontracts the development of landscape systems and facilities for public and private gardens and other areas which are designed to aesthetically, architecturally, horticulturally, or functionally improve the grounds within or surrounding a structure or a tract or plot of land. In connection therewith, a landscape contractor prepares and grades plots and areas of land for the installation of any architectural, horticultural and decorative treatment or arrangement.

Authority cited: Sections 7008 and 7059, Reference: Sections 7058 and 7059 (Business and Professions Code)

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Construction Contract with Three Peaks Corp., in an amount not-to-exceed... Page 266 of 503 Exhibit 3: Class C-13 – Fencing Contractor
https://www.cslb.ca.gov/about_us/library/licensing_classifications/C-13_-_Fencing.aspx C-13 - Fencing Contractor
California Code of Regulations
Title 16, Division 8, Article 3. Classifications
A fencing contractor constructs, erects, alters, or repairs all types of fences, corrals, runs, railings, cribs, game court enclosures, guard rails and barriers, playground game equipment, backstops, posts, flagpoles, and gates, excluding masonry walls.

Authority cited: Sections 7008 and 7059, Reference: Sections 7058 and 7059 (Business and Professions Code)

Exhibit 4: Class D-34 – Prefabricated Equipment Contractor https://www.cslb.ca.gov/About_Us/Library/Licensing_Classifications/C-61_Limited_Speciality/D- 34_-_Prefabricated_Equipment.aspx
D-34 - Prefabricated Equipment Contractor (Under the C-61 Limited Specialty License)

California Code of Regulations
Title 16, Division 8, Article 3. Classifications
A prefabricated products/equipment contractor performs installations of prefabricated products/equipment, including but not limited to the following:
(a) Theater stage equipment, school classroom equipment, playground equipment, bleacher bench/seat component parts (no installation or renovation of any supporting or structural member); store fixtures, and display cases (either prefabricated or modular form); all forms and types of toilet/shower room partitions/accessories; and prefabricated closet systems. (b) Laboratory and medical equipment, dust collecting systems; factory built fireplaces and accessories (no masonry facing); major appliance installations and ventilating hoods in connection with existing fuel and energy lines which are installed by others.
(c) Bus stop shelters, prefabricated phone booths; prefabricated sound proof environmental clean rooms; panelized refrigerated walk-in boxes (not to include the work of refrigeration contractor); all types of modular office, institutional or home improvement systems including, but not limited to all types of pre- finished and/or UL listed pre-wired wall panels.

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Construction Contract with Three Peaks Corp., in an amount not-to-exceed... Page 267 of 503 ATTACHMENT 3
Bid Protest Response
Three Peaks Corp.

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Construction Contract with Three Peaks Corp., in an amount not-to-exceed... Page 268 of 503

PO BOX 101 - Calimesa, Ca 92320
909-795-1690
License #941528

March 4, 2024

City of Indio
100 Civic Center Mall
Indio, Ca 92201
Attn: Donn Uyeno, PE

SENT VIA EMAIL

Re: PK2203: Indio Sports Park – Bid Protest

Mr. Uyeno,

This letter is in response to Bid Protest Letter dated 03/01/2024 from Act 1 Construction. Below are our responses to the five issues they raised.

1. TPC holds a Class A license and can self-perform this work as it falls under the “parks, playgrounds and other recreational works” as stated in Exhibit 1.

2. In the Instructions to Bidders, Irregular Proposals, it states that “(t)he completed proposal forms shall be without interlineations, alterations, or erasures.” We completed the References Form completely as provided in the Bid Proposal package and followed the requirements in the Instructions to Bidders that specifically stated not to alter the proposal forms as Act 1 did. It should also be noted that the 3rd place bidder completed the References Form in the same manner as TPC.

3. TPC holds a Class A license and can self-perform this work as it falls under the “parks, playgrounds and other recreational works” as stated in Exhibit 1.

4. TPC can install the two hexagonal shade structures and other specialty equipment per the specified supplier.

5. TPC did not need to list a licensed surveyor as the scope of work is less than ½ half of 1 percent of the total bid price.

As you can see the issues raised by Act 1 are unfounded. With a Class A license TPC is qualified to self-perform all the required scopes of work. We respectfully request that you reject the Act 1 bid protest and find Three Peaks Corp. as the lowest responsible bidder. If you require anything further please let us know.

Respectfully,

Erik Simmons, President

Enclosure: Exhibit 1: Class A – General Engineering Contractor

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Construction Contract with Three Peaks Corp., in an amount not-to-exceed... Page 269 of 503 Exhibit 1: Class A - General Engineering Contractor
https://www.cslb.ca.gov/about_us/library/licensing_classifications/a_- _general_engineering_contractor.aspx
A - General Engineering Contractor
Business & Professions Code
Division 3, Chapter 9. Contractors, Article 4. Classifications 7056. A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works requiring specialized engineering knowledge and skill, including the following divisions or subjects: irrigation, drainage, water power, water supply, flood control, inland waterways, harbors, docks and wharves, shipyards and ports, dams and hydroelectric projects, levees, river control and reclamation works, railroads, highways, streets and roads, tunnels, airports and airways, sewers and sewage disposal plants and systems, waste reduction plants, bridges, overpasses, underpasses and other similar works, pipelines and other systems for the transmission of petroleum and other liquid or gaseous substances, parks, playgrounds and other recreational works, refineries, chemical plants and similar industrial plants requiring specialized engineering knowledge and skill, powerhouses, power plants and other utility plants and installations, mines and metallurgical plants, land leveling and earthmoving projects, excavating, grading, trenching, paving and surfacing work and cement and concrete works in connection with the above mentioned fixed works.

Authority cited: Sections 7008 and 7059, Reference: Sections 7058 and 7059 (Business and Professions Code)

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Construction Contract with Three Peaks Corp., in an amount not-to-exceed... Page 270 of 503 ATTACHMENT 4

CONTRACT

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C-1
City Project: PK 2203 City of Indio Public Works

CONTRACT

CITY OF INDIO CONTRACT FOR

INDIO SPORTS PARK IMPROVEMENTS
PROJECT NO. PK2203

THIS CONTRACT (“Contract”) is made and entered this March 20 , 2024 (“Effective Date”), by and between the CITY OF INDIO, a California municipal corporation (“City”) and Three Peaks Corp., a California corporation, (“Contractor”). Contractor’s California State Contractor’s license number is 941528; Class A, B, C-10, C-33). Contractor’s DIR registration number is 1000008140.

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. S cope of Services . Contractor shall perform the Work in a good and workmanlike manner for the project identified as Indio Sports Park Improvement Project (“Project”), as described in this Contract and in the Contract Documents.

3. C ompensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of Eleven million, eight -hundred thirty-two thousand, two- hundred fifty-six dollars and sixteen cents ($11,832,256.16) in accordance with the prices as submitted in the Bid.

4. I ncorporation 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. A
ntitrust 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. P
revailing Wages . City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.

7. W orkers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract , the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the

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C-2
City Project: PK 2203 City of Indio Public Works
provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

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

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

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

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

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

CITY OF INDIO
By:

Lupe Ramos-Amith, Mayor
ATTEST: APPROVED AS TO FORM:

By: By:

Cynthia Hernandez, CMC, City Clerk Steven P. Graham, City Attorney

Dated: Three Peaks Corp.
(“CONTRACTOR”)

By:

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C-3
City Project: PK 2203 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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C-4
City Project: PK 2203 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 h ereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body
.

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

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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C-5
City Project: PK 2203 City of Indio Public Works
Bond No. __________

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS that:

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

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

INDIO SPORTS PARK IMPROVEMENT PROJECT
(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 obligati on, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.

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

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C-6
City Project: PK 2203 City of Indio Public Works
waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

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Construction Contract with Three Peaks Corp., in an amount not-to-exceed... Page 277 of 503

C-7
City Project: PK 2203 City of Indio Public Works
WORKERS’ COMPENSATION

CERTIFICATE OF INSURANCE

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

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

1. This certificate is issued to:

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

The insureds under such policy or policies are:

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

Policy Number Effective Date Expiration Date

By:

Its Authorized Representative

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Construction Contract with Three Peaks Corp., in an amount not-to-exceed... Page 278 of 503 City of Indio
City Council
March 20, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Amendment No. 1 to the Agreement with West Coast Arborists in an amount not-to-exceed the for services maintenance for citywide $200,000 tree remainder of Fiscal Year 2023/24.

RECOMMENDATION:

Approve Amendment No. 1 to the Agreement with West Coast Arborists in an amount not-to-exceed by $200,000 for citywide tree maintenance services for the remainder of Fiscal Year 2023/24.

SUMMARY:

There is an ongoing City-wide beautification program that West Coast Arborists (WCA) has been instrumental in helping the City improve its image. WCA has played a key role in planting date trees and broadleaf trees, as well as removing dead trees and stumps in many City medians and landscapes. The City has already exhausted the original agreement amount of $400,000 on tree planting and maintenance; therefore, staff is requesting an additional $200,000 for the remainder of Fiscal Year 2023/24.

BACKGROUND INFORMATION:

The City Council approved a three-year agreement with WCA on April 20, 2022, in the amount of $400,000 per year, with the possibility of two one-year extensions. Since 2007, WCA has been providing tree trimming, removal, planting, and emergency services to the City of Indio, consistently delivering timely and high-quality work.

The agreement amount for this Fiscal Year 2023/24 was depleted faster due to the cleanup from tropical storm Hillary, resulting in numerous downed trees in Landscape and Lighting Districts (LLD) and City fund properties. WCA has also assisted in addressing deferred maintenance, particularly in the removal of dead trees and stumps left in the ground after tree removals.

Notable projects include the transplantation of Blue Palms from City Hall and Date Palms from the Jackson Street median at Tractor Supply to Burr Park. Additionally, downtown areas saw the addition of broadleaf trees to the 2nd Saturday turf lot, skinning of Palm Trees at Living Room Park, and palm tree additions to the turf lot at Bliss Avenue and Towne Street. In LLDs, overgrown Palo Verde trees were removed, and Southern Live Oak trees were planted at Madison Ranch. At Dune Palms, Queen Palms were replaced with Tipu trees. Trees were also removed at Palm Meadows.

Staff is requesting the authorization to increase the agreement amount to the West Coast Arborists agreement, highlighting the crucial role WCA has played in the City's beautification efforts and the AGENDA ITEM #8.11
Amendment No. 1 to the Agreement with West Coast Arborists in an amount ... Page 279 of 503 specific projects undertaken. The additional funding will ensure the continuation of these valuable services.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$200,000 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$200,000 Strategic Objective:

Source of funds: Various Fund-Org-Object
Reference:

Various

Additional Financial Details:

Amendment No. 1 to the agreement in an amount not-to-exceed is being increased by $200,000 bringing the total to $600,000 per year. The additional funds are specified for tree services and will be allocated by the Public Works Director for the costs associated with tree services for the remainder of Fiscal Year 2023/24.

ATTACHMENTS:

Attachment 1 - Amendment No. 1 to Agreement
Attachment 2 - West Coast Arborists Schedule
Attachment 3 - West Coast Arborists Agreement for Services

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 12 Mar 2024 Steven Graham, City Attorney Approved - 13 Mar 2024
Glendale Berdan, Accountant Approved - 13 Mar 2024
Bryan H. Montgomery, City Manager Approved - 13 Mar 2024

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City Council
March 20, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Maintenance Agreement with Sunny Air Conditioning Plumbing & Electrical in an amount not-to-exceed $149,823.74 for HVAC preventative maintenance of Fire Station 3, Fire Station 4, Fire Station 5, Museum Buildings, IPAC, Indio Police Department, City Hall, Council Chambers, EOC, Senior Center, Teen Center, Corporate Yard, and IWA well sites

RECOMMENDATION:

Approve a Maintenance Agreement with Sunny Air Conditioning Plumbing & Electrical in an amount not-to-exceed $149,823.74 for HVAC preventative maintenance of Fire Station 3, Fire Station 4, Fire Station 5, Museum Buildings, IPAC, Indio Police Department, City Hall, Council Chambers, EOC, Senior Center, Teen Center, Corporate Yard, and IWA well sites.

SUMMARY:

The Public Works Department Facilities Maintenance Division currently lacks the necessary staff and the skills for performing preventative maintenance on commercial HVAC systems in-house. The Maintenance Agreement aims to extend the lifespan of equipment, reduce emergency calls, and minimize expenses. Staff solicited quotes for HVAC preventative maintenance. Two (2) quotes were received with Sunny Air providing the lowest quote. Staff recommends approving the Preventative Maintenance Agreement with Sunny Air Conditioning Plumbing and Electrical (Sunny Air).

BACKGROUND INFORMATION:

The proposed one-year contract with Sunny Air covers HVAC preventative maintenance for various city locations, including Fire Station 3, Fire Station 4, Fire Station 5, Museum Buildings, IPAC, Indio Police Department, City Hall, Council Chambers, EOC, Senior Center, Teen Center, Corporate Yard, and for IWA well sites. The agreement aims to extend equipment life and minimize emergency repairs.

The City received two (2) quotes as shown below:

Contractor Location Bid Amount
Sunny Air Conditioning Plumbing & Electrical Indio, CA $149,823.74 Ibarra’s Air Conditioning and Heating Indio, CA $153,362.00

Sunny Air’s quote includes maintenance to ice machines, and Ibarra Air does not include ice machines.

AGENDA ITEM #8.12
Maintenance Agreement with Sunny Air Conditioning Plumbing & Electrical ... Page 304 of 503 FINANCIAL SUMMARY:

Current FY Financial
Impact:
$149,823.74 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: Buildings & Grounds Misc. R&M Fund-Org-Object Reference:
604-523015

Additional Financial Details:

The Service Agreement Cost will be charged to the Buildings and Grounds 604 Miscellaneous R&M fund.

ATTACHMENTS:

Attachment 1 - PSA w/Sunny Air Conditioning
Attachment 2 - Quotes Received

APPROVAL(S):

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Maintenance Agreement with Sunny Air Conditioning Plumbing & Electrical ... Page 305 of 503 ATTACHMENT 1

MAINTENANCE AGREEMENT

SUNNY AIR CONDITIONING

PLUMBING AND ELECTRICAL

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PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF INDIO,

A CALIFORNIA MUNICIPAL CORPORATION

AND

SUNNY AIR CONDITIONING, PLUMBING & ELECTRICAL

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Maintenance Agreement with Sunny Air Conditioning Plumbing & Electrical ... Page 307 of 503 HVAC Maintenance Service Agreement
Page | 1

PROFESSIONAL SERVICES AGREEMENT

FOR HVAC PREVENTATIVE MAINTENANCE AGREEMENT

BETWEEN THE CITY OF INDIO AND

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this day of March 20, 202024 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation and Sunny Air Conditioning Plumbing & Electrical (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought by competitive multiple quotes requests the performance of the HVAC Preventative Maintenance Agreement defined and described particularly in Section 2 , “Scope of Services and Schedule of Performance” of this Agreement.

2. A consultant was selected by City to perform those services.

3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

4. Pursuant to the Chapter 33 of the Indio Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.

5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services and Schedule of Performance” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement shall commence on April 1 st, 2024, contingent upon approval by City Council. This agreement shall remain and continue in effect for a period of 12 months unless otherwise extended by written agreement of the Parties.

(b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms

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and conditions, including compensation as set forth in Section 4 “Compensation and Method of Payment.”

(c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appr opriated and authorized by City Council.

SECTION 2. SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE (a) SCOPE OF SERVICES. Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and the City agrees to retain and does hereby retain Consultant for the Services.

(b) SCHEDULE OF PERFORMANCE. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce Section 21, “ Default” of this Agreement and may instead allow Consultant to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Se ction 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Con sultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $149,823.74 unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 24, “Notices” hereof. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority under Indio Municipal Code Section 33.116 (C)(2) without approval by the City Council.

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(b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently revi ew each invoice submitted by the Consultant to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Co nsultant for correction and resubmission.

(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice.

(d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

(e) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn

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over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
(a) INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or subconsultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and subconsultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desir able to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, s ound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.

SECTION 7. CONSULTANT’S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.

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(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 24,” of this Agreement.

(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwis e expressly conferred in writing by City.

(b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, subconsultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.

(c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Contractor may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE.

Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing s ervices similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general

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standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consu ltant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

SECTION 11. PREVAILING WAGE LAWS.
(a) Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage ra tes and the performance of other requirements on certain “public works” and “maintenance” projects.

To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless fo rm any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
(b) It is the understanding of City and Consultant that Prevailing Wage Laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construc tion" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

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SECTION 13. UNAUTHORIZED ALIENS.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.

(b) Consultant, its officers, employees, agents or subcon sultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information conce rning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.

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(c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reim bursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.

(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

SECTION 16. INDEMNIFICATION.
(a) INDEMNIFICATION BY CONSULTANT. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or subconsultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to , directly or indirectly, in whole or in part, any goods provided or performance of Services by Consultant, its officers, agents, employees, representatives, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.

(b) INDEMNIFICATION FROM SUB-CONSULTANTS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set

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forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.

SECTION 17. INSURANCE.

Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Addendum “1” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.

These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Consultant are material considerations for this Agreement.

City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subconsultants.

If in the performance of its duties Consultant utilizes subconsultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making subconsultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 17 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any subconsultant or subcontractor for purposes of establishing a duty of care between any subconsultant or subcontractor and the City.

SECTION 19. CONTINUITY OF PERSONNEL.

Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.

(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress.

(b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.

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(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.

(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

(e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under th is Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 21. DEFAULT.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended or reduced, if circumstances warrant. During the p eriod of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

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SECTION 23. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Indio
Attn: City Manager
100 Civic Center Mall
Indio, CA 92201

To Consultant: Sunny Air Conditioning, Plumbing & Electrical Attn: Steven Jack Gibson / President / CEO
81077 Indio Blvd. Suite D
Indio, CA 92201

Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Co nsultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Indio Municipal Code.

SECTION 27. BINDING EFFECT.

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This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Indio Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEY’S FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits and Addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this

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Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 34. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:

1. Insurance requirements (“Addendum 1”)

2. All Exhibits and Addendums

3. All amendments

4. Consultant’s proposal, if any

5. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, Exhibits and Addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.

SECTION 35. T IME OF ESSENCE.

Time is of the essence for each and every provision of this Agreement. [SIGNATURE PAGE FOLLOWS]

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Exhibit A – Scope of Services
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PROFESSIONAL SERVICES AGREEMENT

FOR HVAC PREVENTATIVE MAINTENANCE AGREEMENT

BETWEEN THE CITY OF INDIO AND
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF INDIO
By: ___________________________
Bryan H. Montgomery
City Manager
ATTEST:

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

CITY ATTORNEY
By: ____________________________
Steven P. Graham
City Attorney

CONSULTANT
By:

Steven Jack Gibson
President / CEO

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Exhibit A – Scope of Services
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EXHIBIT “A”

SCOPE OF SERVICES

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Exhibit B – Compensation
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EXHIBIT “B”

COMPENSATION

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ADDENDUM “1”

INSURANCE
(A) INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:

1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary

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Addendum 1 - Insurance
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coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.

2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be

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endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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Maintenance Agreement with Sunny Air Conditioning Plumbing & Electrical ... Page 331 of 503 ATTACHMENT 2
QUOTES

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Maintenance Agreement with Sunny Air Conditioning Plumbing & Electrical ... Page 343 of 503 City of Indio
City Council
March 20, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Carl S. Morgan, Dir. Of Economic Development Subject: Indio Mural # 16 Project Finalist Selection: The City Council select the finalist for the Indio Mural # 16 Project.

RECOMMENDATION:

The City Council select the finalist for the Indio Mural # 16 Project.

SUMMARY:

On November 14, 2023, the City's Public Arts Commission conducted a review of 19 proposals submitted by qualified artists. Following careful consideration, the Commission selected proposals from artists Molly Keen and Adam Enrique Rodriguez. These artists were invited to present their proposals and engage in a Q&A session at the Commission meeting scheduled for February 13, 2024. At the said meeting, the Commission recommended both artists to the City Council for final selection. Therefore, staff requests that the City Council select the finalist for the Indio Mural #16 Project.

BACKGROUND INFORMATION:

The City has issued Indio Mural # 16 Request For Proposal (RFP) seeking proposals for a site- specific mural to be installed at the southwest corner of Jackson Street and Avenue 45 (Attachment 4). The City Council has allocated a total budget of $60,000 for the project, comprising $50,000 for the mural installation and $10,000 for lighting. The theme for this mural was festivals. The City received 19 proposals.

On February 13, 2024, artists Molly Keen and Adam Enrique Rodriguez presented their resumes and concept designs to the Public Arts Commission and underwent interviews followed by a Q&A session. At this meeting, the Commission recommended both artists to the City Council for the finalist selection.

The concept designs provided by the artists are included in Attachments 1 and 2 to this report, along with a rating sheet (Attachment 3) for the Commission's evaluation.

Staff hereby requests that the City Council select the finalist for this project.

AGENDA ITEM #9.1
Indio Mural # 16 Project Finalist Selection: The City Council select the... Page 344 of 503 FINANCIAL SUMMARY:

Current FY Financial
Impact:
$60,000 In current year budget: Yes
Current FY General
Fund Impact:

Yes Budget adjustment: No
Next FY Financial
Impact:

Depend on the timeline it may
impact
Strategic Objective: Community
Beautification
Source of funds: Public Arts Fund Fund-Org-Object
Reference:
203-521064

ALTERNATIVES:

1. Continue the request pending submission of additional information.

2. Refer the item back to the Public Arts Commission.

ATTACHMENTS:

Attachment 1 - Molly Keen
Attachment 2 - Adam Enrique Rodriguez
Attachment 3 - Mural Selection Rating Sheet
Attachment 4 - Mural Location

APPROVAL(S):

Yanel Ramirez, Management Analyst Approved - 12 Mar 2024 Steven Graham, City Attorney Approved - 12 Mar 2024
Alan Garcia, Accountant Approved - 12 Mar 2024
Bryan H. Montgomery, City Manager Approved - 12 Mar 2024

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Indio Mural # 16 Project Finalist Selection: The City Council select the... Page 345 of 503 Attachment A
M
olly Keen Proposal

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Indio Mural # 16 Project Finalist Selection: The City Council select the... Page 346 of 503 Indio Mural #16 Project
Request for Proposal - Molly Keen, Muralist and Educator “Indio Twilight: A Mural of Community Colors,” is a stunning representation of Indio’s unique charm and the spirit of the Coachella music festival. It is a mesmerizing mural that captures the magic of the Coachella Valley and the vibrant energy of the Coachella music festival. This mural is designed to be an immersive experience, inviting festival-goers and art enthusiasts to become a part of the artwork.

The mural’s background is a captivating blend of a starry night sky transitioning into a breathtaking desert sunset. This seamless fusion of day and night represents the Indio’s duality – its peaceful, starry nights and its dynamic, sun-soaked days.

There is an option for a day of painitng if the community desires to particpate in a paint-by-colors technique where locals become apart of the process. This can be a great way to show belonging and give painting workshops as a part of the mural making process.

This design is not just a mural; it’s an artistic celebration of Indio and the music festival’s spirit that it is home to. It’s a place where visitors can connect with the essence of Coachella, take memorable selfies, and immerse themselves in the magic of this incredible place.

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Indio Mural # 16 Project Finalist Selection: The City Council select the...Page 347 of 503 Key Features:

Native Plants & Animals: The cholla’s, wildflowers, barrell cactus, iconic plam trees. Animals include moths, vultures, coyote, spider and more. We can add or edit the type of plants and animals we showcase.

Ferris Wheel: At the heart of the mural stands an imposing Ferris wheel, a symbol of the Coachella music festival. It’s intricately detailed, with bright, neon lights that shine brilliantly at night, casting a colorful glow on the mural.

Hot Air Balloons: To the side of the Ferris wheel, a cluster of hot air balloons rises into the painted sky. Each balloon is uniquely adorned with patterns and colors, giving a nod to the hot air balloon rides that grace the Coachella Valley’s skyline during the festival.

Selfie Doors: Scattered throughout the mural are interactive selfie doors. These intricately designed doors are painted with vibrant, abstract patterns and Coachella-themed motifs. Festival-goers can step up and pose in front of these doors, creating memorable and shareable moments.

Desert Landscape: Surrounding the central features, the mural incorporates elements of Indio’s natural beauty.

Saguaro cacti, desert flora, and rolling sand dunes blend seamlessly with the celestial backdrop.

Musical Artistic Expression: The mural allows space for your unique artistic expression, Muralist Molly Keen.

Incorporate other elements that you wish. This type of design allows for additions and revsions that encapsulate your ideas and local flare. Featured are music notes, guitar and more.

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Indio Mural # 16 Project Finalist Selection: The City Council select the...Page 348 of 503 ‘Harmony of harvest’ Mural proposal:

Celebrating Fresno’s Agricultural Legacy
Mural Description:

Color, bold linework, and a whimsical dreamscape will entice any visitor or resident to stop and engage with the mural. There is also the chance for team building participation where residents can paint alongside the Artist in a paint-by-color, adult coloring book technique.

The mural concept captures the essence of Fresno’s rich agricultural heritage and the vital role that community, nature, farm laborers, fields, crops, planting, harvesting, and machinery play in shaping the region’s identity.

There will be a central focal point, a center, where visitors and residents alike can take a snapshot of the mural to understand the work in the span of a photo. The mural will include bountiful fields, nature’s harmony, a cycle of seasons, and a generational legacy. Like a portal into the fields, the mural will glimpse history while maintaining a playful and whimsical style.

Process: I create three designs digitally imposed on the wall so you have a variety of options to select from. We do a round of revisions and fall in love with the final design concept.

Color Palette: Think Doctor Suess meets rainbow, that
meets whimsical. Refer to the ‘Groovy’ color palette.

Style: The mural combines elements of a whimsical feel, blending detailed depictions of crops and machinery with expressive strokes that convey a sense of movement and
energy.

Impact: I desire a level of participation and interaction for the mural. The kind of art that makes visitors stop to take a picture. The playful “Harmony of Harvest”, serves as a celebration of Fresno’s agricultural heritage, fostering a sense of pride and unity within the community. It invites viewers to connect with their roots, honor the contributions of farm laborers, and appreciate the delicate balance
between nature and industry that sustains Fresno’s
agricultural legacy.

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Indio Mural # 16 Project Finalist Selection: The City Council select the...Page 349 of 503

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Indio Mural # 16 Project Finalist Selection: The City Council select the... Page 350 of 503 Attachment 2
Adam Enrique Rodriguez

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Indio Mural # 16 Project Finalist Selection: The City Council select the... Page 351 of 503 Indio Mural #16
By
Adam Enrique Rodriguez

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Indio Mural # 16 Project Finalist Selection: The City Council select the... Page 352 of 503 Adam Enrique Rodriguez Fine Art
[email protected]
October 18, 2023
Leila Namvar
81678 Ave. 46
Indio, CA 92201
Dear Leila,
Having the opportunity to create a mural in my hometown has been a life long dream of mine and I am beyond honored to be considered for this monumental renovation of Indio’s downtown area. As I mentioned in previous proposals, I was raised in Indio and spent a lot of my childhood in Old Town Indio. Both sides of my family’s history are deeply connected to Indio and the greater Coachella Valley and I take great pride in calling this area my home. Having been hired for many mural projects by various organizations including music and arts festivals throughout California, I have gained tremendous experience with working on large scale murals, both commercial and private. I believe my work would be a great addition to the City of Indio. Attached below, I have included some examples of my work and previous mural projects with Goldenvoice, PBS, Westﬁ
eld, and the Haagen Company, to give you an idea of the range of work I have completed. I have also included my concepts for the Indio’s Mural #16, an itemized list of materials, proof of insurance, and maintenance plan and overall pricing for the entire project. Thank you for providing this unique opportunity to enliven the City of Indio, to inspire it’s residents and visitors for generations to come.

Sincerely,
Adam Enrique Rodriguez

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Indio Mural # 16 Project Finalist Selection: The City Council select the... Page 353 of 503

PREVIOUS MURAL WORK
Landscape Mural, Westﬁeld Mall Palm Desert, 2016

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Indio Mural # 16 Project Finalist Selection: The City Council select the... Page 354 of 503 Westﬁeld Mall Palm Desert 2016. Collaboration with WiseTwo 2016

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Indio Mural # 16 Project Finalist Selection: The City Council select the... Page 355 of 503 RWB Festival by Empire Polo Ventures 2017

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Indio Mural # 16 Project Finalist Selection: The City Council select the... Page 356 of 503 Joshua Tree Music Festival Landscape Mural 2016

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Indio Mural # 16 Project Finalist Selection: The City Council select the... Page 357 of 503 Independent Lens Commercial for PBS 2017

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ARTIST STATEMENT
I was born and raised and currently live in Indio, CA. I graduated from Indio High School in 2008 and earned a scholarship to attend Laguna College of Art + Design in Laguna Beach, CA. In 2013, after years of being a lead art handler at HeatherJames Fine Art in Palm Desert, I began my journey as a professional artist in San Francisco.

My art incorporates the breadth of my knowledge of classical to abstract, heavily inﬂuenced by the neo-expressionism, graﬃti and contemporary art, creating an ongoing exploration of contrasts and styles. I believe my concept will reﬂect the vibrance and energy of Indio and bring a colorful character to the thriving new life in Old Town Indio. I am fascinated with ﬁnding new and innovative ways that art can transform our environment and ignite the community’s imagination and inspiration.

My work has received recognition from the Palm Springs Art Museum, the Broad Foundation for the Arts, Loma Linda Children’s Hospital, as well as being featured in a novel by Kobe Bryant, “Geese Are Never Swans” . Throughout my career, I have worked with brands like, TOMS shoes, Goldenvoice and Westﬁeld, including many non-proﬁt organizations and charities. In 2013, my work was published as album artwork for Grammy award-winning musician, Anderson .Paak.

As a Southern California native, I have always strived to represent our community and our culture in my artwork. Being able to contribute to the story of the City of Indio has always been a dream of mine and thank you again for your consideration on this important project.

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Indio Mural # 16 Project Finalist Selection: The City Council select the... Page 360 of 503 PROPOSAL FOR INDIO MURAL #16
For this mural project, taking into consideration that this wall will be visible to traﬃc, I thought it would be ideal to have a bright and colorful mural that reﬂects the vibrant energy of Indio. The entire wall will be covered with bold colors and iconography that are emblematic of “The City of Festivals” . Indio is my hometown and I have seen the beautiful transformations that have taken place throughout the years, I want my mural to represent our culture as locals and simultaneously inspire and connect to our visitors. The concept I have created will include landmarks that are commonly associated with Indio’s festivals like, the Ferris wheel, the concert stages and lights, ﬁreworks, etc. I also want to represent the Mexicano culture that is deeply rooted in Indio’s history by painting the festive papel picado banners across the top the wall, incorporating traditional loteria cards and a piñata in the center of the composition.

Also in center of the composition, I’ve included the native cactus wren, with wings outstretched, landing on a native beaver tail cactus in bloom with a bright California Poppy ﬂower. For the overall composition, the landmarks will be set over a landscape that will transform from the colors of day to night (from left to right), emphasizing our iconic native palms and mountains that will tie the entire piece together. For the interactive/social media aspect of the mural, I decided to use the string of balloons that run through the composition, where viewers can stand in front of the string and give the illusion of them holding the balloons. A ‘City of Indio’ hashtag can be included. The mural will be a mixture of hyper realistic qualities with expressive movement and painterly mark making. I had envisioned incorporating community involvement and possibly create an event where families in Indio can participate in the completion of the mural, if possible. I believe working alongside the community where I grew up is a crucial aspect to my creative process and I would love to create an opportunity for the public to contribute to a permanent mural in their hometown.

Indio’s public art has always been a source of inspiration for me and I would be honored for this mural to be a part of our rich legacy and revitalization of downtown Indio.

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Indio City CouncilMarch 20, 2024

Indio City Council
March 20, 2024