Indio City Council
June 5, 2024

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ADDENDUM “1”

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

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

2. MINIMUM LIMITS OF INSURANCE.

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

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

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

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

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

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

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

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

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

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

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

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

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

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ADDENDUM “2"

FEDERAL FUNDS
Each Task Order using Federal Funds, shall include a copy of the latest approved federal requirements and wage rates at the time of the issuance of a Notice to Proceed for that task.

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Agreement with
Hermann Design Group

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PROFESSIONAL SERVICES AGREEMENT

FOR AS-NEEDED PROFESSIONAL SERVICES FOR LANDSCAPE ARCHITECTURE BETWEEN THE CITY OF INDIO AND HERMANN DESIGN GROUP, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 5th day ofJune 2024 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation and Hermann Design Group, Inc., a California corporation, (“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 issuance of request for qualifications, the performance of as-needed professional services for landscape architecture defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.

2. 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 is through June 30, 2027, commencing on Effective Date, unless otherwise extended by written agreement of the Parties. (b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation and Method of Payment.”

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(c) Consultant acknowledges that 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 appropriated and authorized by City Council.

SECTION 2. SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE (a) SCOPE OF SERVICES. Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and the City agrees to retain and does hereby retain Consultant for the Services.
(b) SCHEDULE OF PERFORMANCE. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce Section 21, “Default” of this Agreement and may instead allow Consultant to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

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

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant 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 $250,000/fiscal year, 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 review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
(e) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

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

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

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If and to the extent that City utilizes for any purpose not related to this 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 desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.

SECTION 7. CONSULTANT’S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to 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. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or

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records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 24,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this 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 otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, 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 services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general

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and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

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

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

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

To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
(b) It is the understanding of City and Consultant that Prevailing Wage Laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, 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, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

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

SECTION 13. UNAUTHORIZED ALIENS.

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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 subconsultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.

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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 reimbursement 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 admissions 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) INDEMNITY FOR DESIGN PROFESSIONAL SERVICES. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify, defend and hold harmless the City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (“Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate, in whole or in part, to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors, or their officers, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c).

Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by the City in direct proportion to the Consultant’s proportionate percentage of fault.

Consultant’s percentage of fault shall be detem1ined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury, or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.

Notwithstanding, the provisions of this Section 16 pertaining to the duty and cost to defend shall not apply where a project-specific general liability policy insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their professional services on a primary basis.

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(b) OTHER INDEMNITIES. Other than in the performance of design professional services as set forth in paragraph A above, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and whether for personal or bodily injury and/or death, property damage, or economic injury (collectively “Claims”), in law or equity, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel reasonably acceptable to Indemnitees, and shall pay all costs and expenses, including all attorneys’ fee and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. (c) INDEMNIFICATION FROM SUB-CONSULTANTS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.

SECTION 17. INSURANCE.

Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Addendum “1” “Insurance” and made a part of this 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

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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 performedby 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.
(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

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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 this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 21. DEFAULT.

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

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

SECTION 22. EXCUSABLE DELAYS.

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

SECTION 23. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to 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:

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To City: City of Indio
Attn: City Manager
100 Civic Center Mall
Indio, CA 92201
To Consultant: Hermann Design Group, Inc.

Attn: Chris Hermann, President
77899 Wolf Road, Suite 102
Palm Desert, CA 92211
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 Consultant 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.

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

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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 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.

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(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. TIME OF ESSENCE.

Time is of the essence for each and every provision of this Agreement.

SECTION 36. FEDERAL FUNDS.

In the event the Services are funded either in whole or in part by a federal grant, Consultant shall comply with the requirements of Addendum “2” “Federal Funds.” [SIGNATURE PAGE FOLLOWS]

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Signature Page

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

FOR AS-NEEDED PROFESSIONAL SERVICES FOR LANDSCAPE ARCHITECTURE BETWEEN THE CITY OF INDIO AND HERMANN DESIGN GROUP, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF INDIO
___________________________
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:

Chris Hermann
Its: President

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Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”

SCOPE OF SERVICES

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CITY OF INDIO

STATEMENT OF QUALIFICATIONS FOR

ON-CALL LANDSCAPE ARCHITECTURE SERVICES
77899 WOLF ROAD, SUITE 102
PALM DESERT, CA 92211
(760) 777-9131 (PHONE)
(760) 777-9132 (FAX)
WWW.HDG-INC.COM
Jackson Park, Indio

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335

COVER LETTER
MAY 6, 2024

VIA PLANETBID UPLOAD
Mr. Donn Uyeno, PE
Principal Civil Engineer
City of Indio
100 Civic Center Mall
Indio, CA 92210
RE: On-Call Landscape Architectural Services
Dear Donn,
On behalf of Hermann Design Group (HDG), I am pleased to present this proposal to provide on-call landscape architectural services to the City of Indio for a variety of projects including parks, streetscapes and parkways, and landscape and lighting districts within the city. The work includes, but is not limited to evaluation of existing sites, landscape design, and irrigation design. The team will provide design themes and produce presentation materials for City Council, HOA, and other City Departments for approval.

Our team has established an excellent working relationship with the City on many projects since 2015 and we look forward to continuing our role as your on-call landscape architects. The HDG team has demonstrated an excellent track record for performing community outreach in Indio. We have successfully built consensus on design direction while navigating the process towards approval on projects such as including Miles Avenue Park and Indio Sports Park. HDG will bring unmatched knowledge and experience that is required to move your projects through the public process to solutions that are unique and define Indio’s brand.

Formed in 1995 as Hermann and Associates, Hermann Design Group was incorporated in 2009. We are a multi-disciplinary landscape architecture and planning firm that specializes in municipal projects. HDG is recognized as a leading landscape architecture firm that serves the Southern California region with offices in Palm Desert, Riverside, and San Diego. As a firm, we have over 29 years of experience leading design and development projects in the Coachella Valley. Our Palm Desert office is less than 15 minutes away from City Hall - our responsiveness and communication will be unmatched. Opus Garza, Associate, lives in Indio and will continue to be working on your projects as senior designer and project manager.

Chris Hermann will be the principal-in-charge, and is responsible for the implementation of the on-call work requested from the City and is the lead designer for the firm. Mr.

Hermann can be contacted by telephone at (760) 777-9131 or via email at chris@hdginc.com if further information is required.

If an on-call contract is established with the City, our scope of services will include reviews of existing landscape conditions, the generation of plans for proposed improvements, specifications, opinions of probable cost, submittals for agency approval, bidding support, and construction observation services.

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335

COVER LETTER
We communicate regularly with local agencies that would play a key role in the approval of City projects, specifically IWA and the Riverside County Agricultural Commission, We will utilize these relationships to ensure a smooth and efficient development process.

Furthermore, we are well-versed in submitting applications for turf reduction rebate programs, resulting in the prevention of water usage penalties and the creation of longterm financial and environmental benefits.

If awarded, the fee schedule shall remain valid for this duration of this contract.

Extensions would be subject to hourly rate increases based on the current Consumer Price Index (CPI-U) published by the Bureau of Labor Statistics. Our Palm Desert office will be responsible for managing any projects assigned to us by the City of Indio. I am authorized to negotiate agreement terms and compensation on behalf of our firm.

We are confident that we will provide you with a superior level of service based upon the values of integrity, communication, and flexibility to meet the quality standards set forth by the City of Indio. We thank you for the opportunity to present this proposal for on-call professional landscape architecture services, and look forward to continuing our service with the City.

We respectfully request the following changes to the PSA as it pertains to indemnification; these changes mirror the indemnification language in the contract we have with the City that was executed in 2019 and subsequently has been extended to the present day. We request that the subparagraph (a) of the indemnification section be stricken as presented in the RFQ, and the following subparagraphs (a) and (b) replace it to be in compliance with California State Senate Bill 496. Subparagraph (b) as presented in the RFQ would become subparagraph (c).

Section 16. Indemnification
(a) Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify, defend and hold harmless the City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (“Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate, in whole or in part, to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors, or their officers, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c). Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by the City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be detem1ined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury, or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City. Notwithstanding, the provisions of this Section 16 pertaining to the duty and cost to

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335

COVER LETTER
defend shall not apply where a project-specific general liability policy insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their professional services on a primary basis.
(b) Other Indemnities. Other than in the performance of design professional services as set forth in paragraph A above, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and whether for personal or bodily injury and/or death, property damage, or economic injury (collectively “Claims”), in law or equity, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel reasonably acceptable to Indemnitees, and shall pay all costs and expenses, including all attorneys’ fee and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

If you have any questions, please feel free to contact me via my office phone at (760) 777-9131 (extension 101) or my cell phone at (760) 774-5070. My email address is [email protected]. By signing below I attest that all information submitted within the qualifications is true and correct.

Best regards,
E. Chris Hermann, PLA
President / CEO
77899 Wolf Road, Suite 102
Palm Desert CA, 92211
(760) 777-9131 (Phone)
(760) 777-9132 (Fax)

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FIRM PROFILE

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 1 Hermann Design Group, Inc. was founded in 1995 in Palm Desert, California as Hermann & Associates. Our founding philosophy was to create a firm by which we are able to work on unique projects and allow for Mr. Hermann to lead the design process and build relationships with clients that will last for a lifetime.

We evaluate our clients’ distinct needs and desires through creative thinking, and we provide the right solutions for individual projects. Our design solutions always consider the sustainability of our valuable environment.

At Hermann Design Group, we are committed to wisely omitting water, also known as the “WOW” factor, with the goal of creating a positive impact on the environment from start to finish. We create sustainable design by strategically incorporating native and drought-tolerant horticulture and “smart” irrigation, in addition to utilizing local resources for materials to minimize environmental impacts.

Hermann Design Group provides the following landscape
architecture and planning services to assist public agencies and private developers in the design of outdoor environments and facilities, including:

Hermann Design Group is a healthy firm financially with no issues that would affect our ability to complete our obligations to our clients. We are profitable and strategic about our growth so that we will remain a successful enterprise.

Additionally, Hermann Design Group certifies that the firm and its principals are in good standing with all applicable licensing boards and is eligible to contract with any federal, state, or local public agency. HDG is certified as a Small Business through the State of California No. 1788893.
• Playgrounds, Parks, and
Recreation Facilities
• Golf Courses
• Natural and Historic Sites
• Streetscapes/Transportation
• Commercial/Retail/Industrial
• Hotels
• Interpretative Landscape
Design
• Master Planned Communities
• Creative Signage & Way
Finding
• Placemaking Experiences
INCORPORATED April 2009 (California S-Corporation)
PRESIDENT/CEO Chris Hermann
STAFF Eight Full-Time Employees; One Part-Time
FORMERLY Hermann & Associates
(Sole Proprietorship 1995-2009)
OFFICE LOCATIONS Palm Desert / Riverside / San Diego
HOURS OF OPERATION Monday – Friday 8:00 a.m. to 5:00 p.m.

WEBSITE www.hdg-inc.com

HERMANN DESIGN GROUP

FIRM PROFILE

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FIRM STAFFING AND

ORGANIZATION

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 2 Chris is a graduate of the Pennsylvania State University and has over 40 years of experience resolving the challenges of designing in the Inland Empire and desert environment, and he is a CLARB Certified Landscape Architect. Before moving to the Coachella Valley in 1994, he was a principal at RHA Landscape Architects-Planners in Riverside, a firm he had been with for nearly ten years.

Chris is the Lead Designer and Client Relationship Manager on all projects.

CHRIS HERMANN – PRESIDENT / CEO

PRINCIPAL-IN-CHARGE / LEAD DESIGNER (PALM DESERT OFFICE) Jose is a graduate of Cal Poly Pomona with a Bachelor of Science in Landscape Architecture with a career focus on irrigation design. He has been an integral part of Hermann Design Group since 1999. His extensive experience in the preparation of construction documents and field work experience allows for a complete design process from the schematic level to final design. Jose is bilingual, speaking both English and Spanish, making him invaluable in the field, as well as translating during public input workshops or community meetings.

JOSE ESTRADA – VICE PRESIDENT

PRINCIPAL / DIRECTOR OF IRRIGATION DESIGN (RIVERSIDE OFFICE) Kristin heads up our quality assurance program and coordinates the diverse facets of each project. She served as the construction administrator on the Rancho Mirage Community Park Expansion, acting as a liaison between the City and the contractor from bid opening through final walk through. Kristin will provide plan checking, specification writing, and bid document preparation.

Additionally, Kristin heads our “back office” and takes care of financial and contractual elements.

KRISTIN HERMANN – CFO / MANAGING DIRECTOR

QUALITY CONTROL / SPECIFICATIONS (PALM DESERT OFFICE)
In his tenure at Hermann Design Group, Opus has become a key designer and indispensable leader with project management skills. Opus is a Cal Poly San Luis Obispo graduate who combines his understanding of plant material, maintenance, horticulture experience, and natural artistic talent with invaluable technical skill. He has comprehensive experience designing streetscapes, parks, and trailheads, in addition to residential/commercial landscapes. Opus is responsible for HDG CAD operations and systems management, providing guidance and mentorship to emerging designers.

ARMANDO “OPUS” GARZA – ASSOCIATE

SENIOR DESIGNER / PROJECT MANAGER (PALM DESERT OFFICE)

FIRM STAFFING

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 3 CESAR DELGADO

DESIGNER (RIVERSIDE OFFICE)
Based in the Riverside office, Cesar joined Hermann Design Group as a designer in 2021. Upon graduating from Cal Poly Pomona with a Bachelor of Science in Landscape Architecture, Cesar has exhibited a natural inclination toward producing hand graphics, employing graphic design tools, and developing renderings. With a strong aptitude for artistry and bringing a project’s vision to life, Cesar has made meaningful contributions to the master plan community and multiple housing developments at HDG. Additionally, he is bilingual in Spanish and English.

ULICES CISNEROS

DESIGNER (PALM DESERT OFFICE)
Ulices joined the HDG team as a designer in 2022 with an Associate of Science in Horticulture and a Bachelor of Science in Landscape Architecture from Cal Poly Pomona. Ulices successfully applies his knowledge of horticulture, acquired through both formal education and direct experience in the landscaping industry, to develop site plans and landscape designs. Prior to joining HDG, he worked as a designer at Ray Martin Design Corp and TKD Landscape Architecture, gaining considerable experience using various software programs such as AutoCAD, LandFX, SketchUp, Lumion, and Adobe Creative Suite. Ulices’ fluency in Spanish and English facilitates communication between HDG and their stakeholders, consultants, and community members.

FIRM STAFFING

FRANCISCO SANCHEZ

DESIGNER (PALM DESERT OFFICE)
Joining as a designer in 2020, Francisco quickly proved to be a vital asset to Hermann Design Group. With a Bachelor of Science in Landscape Architecture from Cal Poly Pomona and a demonstrated proficiency in 3D, color, and perspective renderings, Francisco has contributed to a diverse range of projects at HDG. While focusing primarily on residential design, he also plays a role in supporting project managers and senior designers on municipal projects. Fluent in both Spanish and English, Francisco has enhanced the ability to communicate effectively with Spanish-speaking communities in the Southern California region. Francisco is also a member of The City of Palm Desert Architectural Review Committee.

PAMELA FONSECA

DESIGNER/DRAFTSPERSON (RIVERSIDE OFFICE)
Based in the Riverside office, Pamela recently joined our firm in early December 2023. Upon graduating from Cal Poly Pomona with a Bachelor of Science in Landscape Architecture in 2020, Pamela worked several years as a landscape designer specializaing in 3D modeling for a pool contractor in San Dimas. Her passion for designing sustainable and functional landscapes brought her to Hermann Design Group. Pamela is bilingual in both Spanish and English, and she has exhibited a keen design sense in her time with us. Pamela is currently pursuing her Certification in Landscape Irrigation at Mt. San Antonio College.

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 4 ORGANIZATION

CITY OF
Our management team for this project consists of Chris Hermann, Principal -in-Charge and lead designer. Opus Garza will serve as project manager with Jose Estrada serving as director of irrigation design. Kristin Hermann handles all financial responsibilities of HDG including contracts, invoicing, and collections The key personnel and principals will not be replaced without prior consent from the City of Indio.

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 5 SELECTED REFERENCES

CITY OF INDIO
100 Civic Center Mall
Indio, CA 92201
Tim Wassil
Director of Public Works
[email protected]
(760) 625-1801

CITY OF LA QUINTA
78-495 Calle Tampico
La Quinta, CA 92253
Bryan McKinney
Public Works Director/City Engineer
[email protected]
(760) 777-7045

CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, CA 92260
Martin Alvarez
Director of Public Works
[email protected]
(760) 776-6467
The following information describes in further detail examples of work for the references listed above as requested in the RFP Section IX A 2.d.

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 6 PROJECT EXPERIENCE

PROJECT DESCRIPTIONS

CITY OF INDIO ON-CALL SERVICES

PARK MASTER PLANNING AND IMPROVEMENT PROJECTS
CLIENT: City of Indio
CLIENT ADDRESS: 100 Civic Center Mall
Indio, CA 92201
CONTACT’S NAME: Tim Wassil, P.E.

CONTACT’S TITLE: Director of Public Works
CONTACT’S TELEPHONE: (760) 625-1801
CONTACT’S EMAIL: [email protected]
CONTRACT DURATION: 2016 to Present
▪ Water Play Restoration
▪ Playground Surfacing Enhancements
▪ Play Area Replacement
▪ Shade Structure Replacement
▪ Site Analysis and Surveying
▪ Design
▪ Cost Estimating
▪ Construction and Bidding Documents
INDIO SPORTS PARK MASTER PLAN & PHASE I FINAL DESIGN/CONSTRUCTION 2020 - 2024 Site Analysis, Community Outreach, Workshops, Master Planning, Design Development, Cost Estimating, Construction and Bidding Documents. Construction observation and adminsitration services are antcipated during construction.

CENTER STAGE / THE LIVING ROOM - MASTER PLAN & FINAL DESIGN 2021 - 2023 Master Planning, Design Development, Lead Consultant, Cost Estimating, Construction and Bidding Documents. Construction observation services provided during construction.

HWY 111, INDIO BLVD., AND JEFFERSON OVERPASS MEDIAN ENHANCEMENTS 2021 - 2024 Preliminary planning and design, construction and bidding documents. Construction observation services anticipated duirng construction.

MILES AVENUE DOG PARK 2022-2023
Preliminary planning and design, construction documents. Construction observation services provided during construction.

DR. CARREON PARK AND DOWNTOWN INDIO SCULPTURE INSTALLMENTS 2019 AND 2021 Hardscape, landscape, and lighting elements to create an inviting element for the sculptures provided to to the City by Goldenvoice.

TEEN CENTER SPORTS COURT REHABILITATION 2021
Construction documents for sports court resurfacing and related landscape design.

PK 1707 PARK RENOVATIONS 2019

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 7 PROJECT EXPERIENCE

CITY OF INDIO - CONTINUED
DOMINGUEZ PARK 2018
New Play Area, Basketball Court and Landscape Improvements, Site Analysis, Surveying, Design, Construction, Cost Estimating, and Bidding Documents, Field Observation MILES AVENUE PARK – PHASE 1 2016-2017
Design Development, Cost Estimating, Construction and Bidding Documents, Field Observation
MILES AVENUE PARK MASTER PLAN 2016
Site Analysis, Community Outreach, Workshops, Master Planning, Cost Estimating HRPP GRANT PARK RENOVATIONS 2015-2016
Burr Park Parking Lot and Landscape Improvements
Dr. Carreon Park Exercise Course, Play Area and Landscape Improvements Hjorth Park Play Area Improvements
Station 87 Dog Park New Park Improvements
Site Analysis, Surveying, Design, Cost Estimating, Construction and Bidding Documents, Field Observation for all park sites.

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 8 PROJECT EXPERIENCE

CITY OF INDIO ON-CALL SERVICES

PARK MASTER PLANNING AND IMPROVEMENT PROJECTS
COMPLETION DATE & VALUE:

MILES AVENUE PARK PHASE I
Value
Completion Date
$1,150,000
2017
HRPP PARKS Value
Burr Park
Dr. Carreon Park
Hjorth Park
Station 87 Dog Park
Completion Date
$200,000
$315,000
$150,000
$1,150,000
2016

DOMINGUEZ PARK
Value
Completion Date
$225,000
2018
PK 1707 PARK RENOVATIONS
Value
Completion Date
$542,000
2019
DR. CARREON PARK
STATION 87 DOG PARK

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 9 PROJECT EXPERIENCE

CENTER STAGE
Hermann Design Group provided design services for the City’s newest addition to reignite the downtown area - Center Stage. The amphitheatre was designed by Michael McAuliffe with McAuliffe and Company Architects. The facility provides a flexible stage environment with accomodations for a multitude of theatrical needs for outdoor concerts including an mixing station with multiple lighting optoins. The site design includes paver access points, gates that open to the street, walkways, lighting, landscape, and open grass areas for the community to gather.

CLIENT: City of Indio
CLIENT ADDRESS: 100 Civic Center Mall
Indio, CA 92201
CONTACT’S NAME: Tim Wassil, P.E.

CONTACT’S TITLE: Director of Public Works
CONTACT’S TELEPHONE: (760) 625-1801
CONTACT’S EMAIL: [email protected]
COMPLETION DATE: 2024

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 10 PROJECT EXPERIENCE
CITY OF LA QUINTA – MEDIANS, STREETSCAPES, AND PARKWAYS

COMPLETED PROJECT DATE AND PROJECT VALUE
ACACIA: 2018
$489,000
QUINTERRA: 2019
$615,000
HIGHLANDS: 2019
$722,000
SILVERROCK VENUE SITE: 2020
$6,000,000
CACTUS FLOWER: 2024
$2,035,000

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 11 PROJECT EXPERIENCE
HDG prepared a multi-year plan for turf removal and landscape improvements in the North La Quinta Landscape and Lighting District. Approximately ten acres of turf will be removed saving over 25,373,049 gallons of water per year for median and parkway areas surrounding 11 communities.

Existing trees that were healthy have been preserved using an irrigation technique that has proven to be 100% successful in the desert heat where trees were accustomed to surface water from turf and converted to deep watering. All shrubs were placed on individual drip emitters and flow sensors, master valves, and the Rainbird IQ system for controller programming. Both cellular and radio service are used to daisy-chain the controller together for control by the City.

The landscape design utilizes a “desert oasis” palette and plant spacing is grouped for easier maintenance. The creative use of three rock sizes and colors with boulder accents creates interest, contrast, and movement in the ground plane. For every three trees removed, a new tree was installed. Median design included the used of date palms to enhance neighborhood entries and create a cohesive connection to surrounding streets.

The project required research of existing utility providers, applications for turf removal rebates from the water district, and surveying existing conditions in the field to establish demolition and removal plans. In addition to design and working drawings, the City required HDG to prepare all City bid documents, bid schedules, and provide field observation services.

CITY OF LA QUINTA / ON-CALL SERVICES
CLIENT: City of La Quinta
CLIENT ADDRESS: 74-495 Calle Tampico
La Quinta, CA 92253
CONTACT’S NAME: Bryan McKinney
CONTACT’S TITLE: Public Works Director/City Engineer
CONTACT’S NO.: (760) 777-7045
CONTACT’S EMAIL: [email protected]
ESTIMATED VALUE:

TIMESPAN:
$10,000,000
Eight Years

PROJECTS COMPLETED
TO DATE:
• Marbella/Sierra Del Rey, 2023
• Desert Pride, 2023
• Rancho Ocotillo, 2021
• Acacia Parkway, Median, and Retention Basins, 2018
• La Quinta Del Oro Entry, 2017
• Quinterra Parkway and Retention Basin, 2018
• Avenue 52 Parkway Demonstration Area, 2015

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 12 PROJECT EXPERIENCE

CITY OF PALM DESERT ON-CALL SERVICES
COMPLETION DATE & VALUE:

DESERT WILLOW FIRECLIFF

GOLF COURSE TEES, GREENS

AND TURF REMOVAL
Value
Completion Date
$4,350,000
2024

DESERT WILLOW PARKING

AREA (LANDSCAPE

AND IRRIGATION)
Value
Completion Date
$225,000
2024

CAHUILLA HILLS PARK
Value
Completion Date
$1,410,000
2025

DESERT WILLOW FIRECLIFF COURSE RENOVATION

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SCOPE OF SERVICES

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 13 SCOPE OF SERVICES

SUMMARY OF WORK MANAGEMENT PLAN
Hermann Design Group will be available on-call to meet with the City and provide a scope of work for each assignment. After an initial scoping meeting with City staff, we will prepare a project proposal that describes the scope of work and a detailed fee breakdown illustrating hourly rates, personnel assignments, and hours to complete the work based upon pre-approved fee schedules. A project schedule will be developed for each project which accommodates time for Staff review and City Council approval.

The design process will be fluid and provide for opportunities to have both staff and neighborhood input whenever necessary. The format of these meetings will be discussed, and a strategy plan put together to make sure that the topic is clear, direction is focused, and the outcome predictable to move the design forward. The goal will be to make sure that the community knows that the City has prepared the most strategic, creative, and cost-effective solutions for the long-term maintenance of these landscape areas. Cost estimating will be done in-house because we are familiar with the current bid climate and have built relationships with the landscape contractors who would install this work.

Value engineering recommendations will be made to bring projects within budget if necessary.

Upon approval of a design and the budget, we will provide clean and easily biddable construction documents. In house services include program development, design, and construction drawings for site furnishings, play areas, hardscape, landscape, technical studies/specifications, project budgeting, and irrigation. Additionally, Hermann Design Group will provide field observation services as needed to ensure installation and maintenance is in accordance with the design policies and standard plans.

Our design approach will involve close communication with the City. We will work to maximize each design area’s potential for improvement in design character, theme, and maintenance. Our staff’s familiarity with the City, local presence, and experience with working through aspects of projects allows us to work quickly and efficiently through the design and approval process.

TYPICAL PROJECT APPROACH
A. Maintain close communication with City staff throughout the project.

B. Meet with Staff as required during the project.

C. We will bring consultants onto the team as necessary for each project.

D. Weekly correspondence will be kept via email or telephone to communicate project critical path items, status and updates.

E. Clearly define project goals.

F. Apply proven design/problem solving processes.

G. Develop conceptual plans with City staff as required.

H. Prepare and evaluate opinion of probable construction cost estimates to be compared with project goals.

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 14 SCOPE OF SERVICES
• Evaluate alternative methods, techniques, and materials. • Creativity
• Infrastructure Review/Adjustments
• Maintenance Staff Input
• Water Efficient Irrigation Systems
• Defining/Limiting Turf Areas
• Cohesive-Hydrozone Conscience Planting Concepts
Our experience in the design of public places has shown us that the designer must constantly consider the following:
• Can the project be maintained?
• Are the facilities and structures resistant to potential vandalism? • Is the project efficient in design and construction?
I. PROJECT FAMILIARIZATION
• We will conduct a thorough physical inspection of the project site and collect data regarding existing or proposed improvements and facilities within the project area. We will compile an extensive photo gallery of the project illustrating related aspects and viewpoints.
• We will collect needed materials regarding existing conditions from the various agencies necessary to complete the design of the project. We will review and analyze each project with a “walk” to carefully analyze each relevant aspect with the team. We understand that some as-built plans may be available and will be provided by the City.
• We will review and identify utilities and easements serving each site and those that might be affected by the project site improvements.

II. PRELIMINARY PLANNING
• Once we have completed the project familiarization phase, our design team will meet with the City and review the various options and recommendations.

From this meeting, a conceptual plan will be prepared. We will prepare a base map showing topographic survey along with record boundary information and existing utilities. It will be the responsibility of the client for fees to local utility purveyors.
• The conceptual master plans for the project will be presented to the City for review and discussion.
• We will work with City to refine the design of the improvements and facilities by selecting items from the various master plan concepts to be incorporated into the final plan.
• The direction given by the City will be incorporated into the final preliminary plan.

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 15 SCOPE OF SERVICES
III. PROJECT BUDGETING
Our design team will prepare a preliminary opinion of probable cost which will be incorporated into elements of the project. This will then be presented to the City for their use in establishing project budgets.

IV. CONSTRUCTION DOCUMENTS
Upon receipt of approval of the preliminary planning portion, we will commence preparation of the construction documents. The plans will continue the concepts of low maintenance, vandal resistance, and attractive and practical design solutions.

A. Demolition Plan
We will prepare a demolition plan that illustrates existing plant material to be removed or to remain.

B. Construction Plan and Details
This plan will locate by dimension site improvements and site furnishings. Details and selections of materials are included.

C. Irrigation Plans
We will prepare complete irrigation plans. Elements of the system will be designed to carry optimum amounts of water to irrigate the site. Full detailing of equipment will be included.

Vandal resistance, durability, serviceability, reliability, water conservation, efficiency, and most importantly, consistency with Coachella Valley Water District and City of Palm Desert standards will be our primary concern. Systems will be designed to accommodate reclaimed water, as requested.

D. Planting Plans
Complete planting plans with necessary details will be provided. Plant suitability, maintainability, drought resistance, and reliability will be considered.

E. Construction Specifications
Detailed project description, preparation of bid schedules, bid item descriptions, payment methods, special provisions, and technical specifications for the items covered under this scope of work will be provided.

F. Opinion of Probable Cost
We will prepare an opinion of probable construction cost of the design development plans for use by the City encompassing cost projections.

G. Document Processing
We will submit the documents for City and various agency approvals. We will review documents and make necessary corrections.

H. Meetings
We will attend meetings as required during this phase of the project.

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 16 SCOPE OF SERVICES
I. Final Documents
After final approval, 24” x 36” plans shall be submitted to the City along with an electronic copy of the plans and specifications for bidding purposes.

V. BIDDING PHASE SUPPORT
• When the project goes out for competitive bidding, we will assist the City in the bid process, distributing bid packages, noting direction given to contractors, questions asked and follow-up clarifications or addendum items. • We will attend and chair the pre-bid meeting and provide written minutes and follow up information as required.
• We will assist the City in evaluating bids as required.

VI. CONSTRUCTION PHASE SUPPORT
• We will coordinate with the City as required throughout the life of the project. • This phase will commence with the notice to proceed to the contractor and terminate when final payment is issued by the City.
• We will attend and chair the pre-construction meeting. • We will provide weekly observations during construction for the purpose of establishing acceptability and provide written documentation of official job meetings to those present.
• Based on our observations at the site and on the contractor’s application for payment, we will assist in determining the amount owed to the contractor, if requested. We will review job drawings, as-builts, RFIs, submittals, samples, and other submissions of the contractor for conformance with the design of the project and for compliance with the information given in the conformance contract documents.
• We will review change orders and submittals for approval and issuance by the City. We will respond to requests for information from the contractor, issue field bulletins and requests for quotations.
• We will review as-builts and assist in the reproduction of the as-built information on flash drive or other requested format.

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 17 Quality control is a significant part of HDG’s long history of successful projects. HDG works with all stakeholders early on to ensure budgets, schedules, and expectations are agreed upon and clearly communicated. Designs are created and continuously measured against these definitions of success to ensure a proper outcome and follow through is achieved with minimal surprises. We recognize that though each design phase is evaluated differently, it’s important to revisit the initial goals and objectives. Regular communication will be maintained with all parties to assess the current project trajectory and plan for effective counter measures as challenges or changes arise.

QUALITY CONTROL
Ongoing Monitoring of Communication, Schedule, Goals and Budget with the City Concept
Design
Design
Development
Final
Design
Design
Delivery
Project
Planning
Define Success
Goals &
Objectives
Budgets
Schedule
Challenge Areas
Due Diligence
Expectations
Design Methods
Metrics of
Success
Evaluate Design
Usefulness
Convenience
Added Value
Quality
Engineering
Cost Effectiveness
Reliability
Verify Design
Bidding Issues
Constructibility
Engineering
Cost Effectiveness
Metrics of
Success
Ensure
Delivery of Files
Final Corrections
Assess Design
Goal Fulfillment
Constructibility
Reliability
Engineering
Cost Effectiveness

QUALITY CONTROL CRITERIA
Client Satisfaction

PROJECT START

CITY REVIEW INTERNAL REVIEW

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APPENDIX

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 Chris, a graduate of Pennsylvania State University,
founded Hermann Design Group in Palm Desert,
California in 1995. He has designed and overseen the
construction of both public and private development
projects throughout his career, with over 35 years of
experience working in the Coachella Valley.

Prior to founding HDG, Chris established the landscape
architecture department for CUH2A, one of the nation’s
largest multi-disciplinary architecture and engineering firms in 1983. He gained valuable experience working in collaboration with the civil engineering and architectural departments, solving a variety of design challenges.

Before becoming a Coachella Valley resident, Chris was
a principal at RHA Landscape Architects-Planners, Inc.
in Riverside, a firm he had been with for nearly ten years.

At RHA, Chris was principal in charge of schools, parks and recreation centers, commercial spaces, masterplanned communities, and other public sector work.

While recognizing the value of creating an inviting and aesthetically-pleasing environment, Chris prioritizes the conservation of natural resources and founded Hermann
Design Group upon the principle of sustainability.

In consideration of the environmental impacts of
landscape design, he implements sustainable elements
and techniques into the design process that maximize
resource efficiency.

Chris’s extensive experience working with a multitude
of municipal clients has demonstrated his keen
understanding of budgetary constraints, strict project
timelines, and the need for inclusive elements to deliver a product that meets the client’s goals from start to finish.

Mr. Hermann demonstrates HDG’s values of transparency
and integrity by facilitating effective communication
between the client, the consultant, and any applicable
stakeholders.

CHRIS HERMANN, PRESIDENT

PRINCIPAL LANDSCAPE ARCHITECT
CLARB Certified Landscape Architect #40888
CA #2754 / AZ #54352 / NV #1058 / ID #16916 / TX #3588

CERTIFICATIONS AND LICENSING
Pennsylvania State University
B.S. Landscape Architecture

EDUCATION
CVLink
Coachella Valley Cities, CA
University Park
Palm Desert, CA
City of Indio
Center Stage
Indio Sports Park Master Plan
Miles Avenue Park Master Plan
HRPP Grant Park Renovations
City of La Quinta
SilverRock Venue Site
X-Park
Fritz Burns Park Improvements
Seasons Dog Park
La Quinta Auto Collection
Rancho Mirage Community Park
Expansion & Amphitheater
Rancho Mirage, CA
Mecca Sports Complex
Mecca, CA
Thermal Community Park Master Plan
Thermal, CA
On-Call Services
City of Indio
City of La Quinta
City of Palm Desert
City of Palm Springs
City of Rancho Mirage
City of Moreno Valley
County of San Bernardino

REPRESENTATIVE PROJECTS AWARDS
Ann Hunter Welborn Circle of
Excellence Award for Sustainability
San Diego Housing Commission
APWA
CV Link (with Alta)
Station 87 Dog Park
SilverRock Venue Site
Sunline Operations Transit Center
City of La Quinta Wellness Center
RESUME

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 Mr. Estrada has steadily assumed positions of greater responsibility and leadership. Starting out as a project designer with RHA Landscape Architects-Planners, Inc. in 1994, he is now principal and vice president of Hermann Design Group, Inc.

Jose has been an integral part of Hermann Design Group since 1999, and he heads up our production office in Riverside. He has established a professional aptitude in irrigation and landscape design, and he is able to direct a project at all stages of development. His extensive experience in the preparation of construction documents and field work experience allows for a complete design process from the schematic level to final design. Jose is bilingual, speaking both English and Spanish, making him invaluable in the field. This ability to communicate in the field aids in explaining the design thought process, resulting in a more successful installation. Mr. Estrada’s ability to work independently and his attention to follow-through make him a valuable asset to any project team.

Jose has a wide diversity of experience in projects including public works projects, commercial, urban development, golf course development, and institutional projects. He is an experienced designer of LEED-certified projects.

He has provided design services for a large variety of clients throughout Southern California including the cities of Los Angeles, Perris, Menifee, Riverside, Indio, La Quinta, Palm Desert, Rancho Mirage, and Coachella.

Thermal Community Park Master Plan
Thermal, CA
Mecca Sports Complex
Mecca, CA
Miles Avenue Park
Indio CA
CV Link
Coachella Valley
SilverRock Venue Site
La Quinta, CA
Rancho Mirage Community Park
Expansion & Amphitheater
Rancho Mirage, CA
Dr. Carreon Park Improvements
Indio, CA
Indio Sports Park
Indio, CA

REPRESENTATIVE PROJECTS

JOSE ESTRADA, VICE PRESIDENT

PRINCIPAL / DIRECTOR OF IRRIGATION

EDUCATION
Cal Poly Pomona
B.S. Landscape Architecture
RESUME

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 In his tenure at Hermann Design Group, Opus has become a key designer and indispensable leader with project management skills. Opus combines his understanding of plant material, maintenance, horticulture experience, and natural artistic talent with invaluable technical skill.

He is responsible for HDG CAD operations and systems management, providing guidance and mentorship to emerging designers. Opus has comprehensive experience designing projects in the public sector such as parks, trailheads, and capital improvement projects in addition to noteworthy commercial and residential developments.

When Alta Planning + Design contacted us in 2015 to assist locally with the landscape design of the CVLink, Opus worked alongside Chris Hermann on the design work, eventually taking over as the lead contact for with Alta. Also starting in 2015, Opus has served as the project manager for the improvements included in the City of La Quinta’s multi-year North Landscape and Lighting District Renovation Plan. In his role as project manager, Opus has produced numerous turf removal and landscape redesign plans for various basins, streetscapes, parkways, and medians throughout La Quinta. Several of these projects include Rancho Ocotillo, Acacia, Del Oro, Quinterra, and Highlands. His experience overseeing long-term city-wide capital improvement projects has provided him with the knowledge necessary to maximize project efficiency and create a sense of design cohesion.

OPUS GARZA, ASSOCIATE

SENIOR DESIGNER / PROJECT MANAGER

EDUCATION
Cal Poly San Luis Obispo
B.S. Landscape Architecture
Center Stage
Indio, CA
Miles Avenue Park
Indio, CA
Indio Sports Park
Indio, CA
Median Improvements
Indio, CA
South Jackson Park
Indio, CA
Station 87 Dog Park
Indio, CA
Hjorth Park
indio, CA
CVLINK
Coachella, CA
South Jackson Park
Indio, CA
X-Park
La Quinta, CA

REPRESENTATIVE PROJECTS
RESUME

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Exhibit B – Compensation
Page | 1
EXHIBIT “B”

COMPENSATION

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CITY OF INDIO

COST PROPOSAL FOR

ON-CALL LANDSCAPE ARCHITECTURE SERVICES
77899 WOLF ROAD, SUITE 102
PALM DESERT, CA 92211
(760) 777-9131 (PHONE)
(760) 777-9132 (FAX)
WWW.HDG-INC.COM
Jackson Park, Indio

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HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335

HERMANN DESIGN GROUP

NORMAL HOURLY RATES
Principal Landscape Architect/Principal Planner ..................................................................$195.00 per hour Construction Manager............................................................................................................165.00 per hour Landscape Architect................................................................................................................150.00 per hour Project ManagerAssociate ......................................................................................................135.00 per hour Irrigation Designer ..................................................................................................................135.00 per hour Senior Designer.......................................................................................................................125.00 per hour Professional Staff/Specification Writer...................................................................................105.00 per hour Designer ....................................................................................................................................95.00 per hour Draftsperson .............................................................................................................................85.00 per hour Administrative Staff...................................................................................................................75.00 per hour

OUTSIDE CONSULTANTS
Services of outside consultants not listed in this proposal, at our direct cost, plus 15% of the actual cost of their services for coordination.

REIMBURSABLES
Reimbursable items, such as the cost of reprographic services, soil samples, and travel outside the Coachella Valley will be charged at our cost plus 15%.

RATE INCREASES
Due to increases in wages/benefits, fees and hourly rates are subject to an annual increase based on the Consumer Price Index (CPI-U) published by the Bureau of Labor Statistics.

HOURLY RATES

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Addendum 1 - Insurance
Page | 1
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
Page | 2
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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Addendum 1 - Insurance
Page | 3
endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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

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Addendum 2 – Federal Funds
Page | 1
ADDENDUM “2"

FEDERAL FUNDS
Each Task Order using Federal Funds, shall include a copy of the latest approved federal requirements and wage rates at the time of the issuance of a Notice to Proceed for that task.

Agreements for Professional Services to perform As-Needed Professional L... Page 1934 of 2161 City of Indio
City Council
June 5, 2024

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Final Tract Map for Coco Palms 27, LLC, Tract Map No. 38072-3 (Dolfina), generally located on the southeast corner of Jackson Street and Avenue 49 RECOMMENDATION:

Find that the Final Tract Map conform to all applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance; approve the Final Tract Map for Coco Palms 27, LLC, Tract Map No. 38072-3 (Coco Palms), generally located on the southeast corner of Jackson Street and Avenue 49; authorize the City Clerk to attest the approved Tract Map upon completion of any technical corrections required by the City Engineer; and authorize the Mayor to sign and the City Clerk to attest the Subdivision Improvement Agreement and accept the Street and Survey Monument Improvement guarantee in the form of a Lien Agreement.

SUMMARY:

The proposed residential subdivision for Tract Map No. 38072-3 (Dolfina) is generally located on the southeast corner of Jackson Street and Avenue 49. Coco Palms 27, LLC, has submitted the Subdivision Improvement Agreement along with a Line Agreement to guarantee the site improvements.

BACKGROUND INFORMATION:

On April 20, 2022, the City Council approved Tentative Tract Map No. 38072 and set certain conditions for the site improvements. Coco Palms 27, LLC, is required to comply with the conditions of the approved tentative tract map. Coco Palms 27, LLC, has executed the Subdivision Improvement Agreement and submitted a Line Agreement to guarantee the completion of the site improvements.

The improvements consist of Street and Survey Monument Improvements within the tract boundaries.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
AGENDA ITEM #8.15
Final Tract Map for Coco Palms 27, LLC, Tract Map No. 38072-3 (Dolfina),... Page 1935 of 2161 Source of funds: N/A Fund-Org-Object
Reference:

N/A
Additional Financial Details:

The subdivision lots in the Final Tract Map No. 38072-3 have been annexed into the Community Facilities District 2004-1 for Police, Fire, and Paramedic services.

ATTACHMENTS:

Attachment 1 - Vicinity Map
APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 23 May 2024 Steven Graham Pacifico, City Attorney Approved - 28 May 2024 Alan Garcia, Accountant Approved - 28 May 2024
Bryan H. Montgomery, City Manager Approved - 29 May 2024

Final Tract Map for Coco Palms 27, LLC, Tract Map No. 38072-3 (Dolfina),... Page 1936 of 2161 ATTACHMENT 1

VICINITY MAP

Final Tract Map for Coco Palms 27, LLC, Tract Map No. 38072-3 (Dolfina),... Page 1937 of 2161

Final Tract Map for Coco Palms 27, LLC, Tract Map No. 38072-3 (Dolfina),... Page 1938 of 2161 City of Indio
City Council
June 5, 2024

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Authorize release of Subdivision Improvement Agreement and improvement bond for street and survey monument improvements previously posted by CRD Holdings, for Parcel Map No. 37837 (Church at the Red Door) and accept the new Subdivision Improvement Agreement and improvement bonds with Church at the Red Door for the street and survey monument improvements
RECOMMENDATION:

Authorize release of Subdivision Improvement Agreement and improvement bonds for street and survey monument improvements previously posted by CRD Holdings, for Parcel Map No. 37837 (Church at the Red Door) and accept the new Subdivision Improvement Agreement and improvement bonds with Church at the Red Door for the street and survey monument improvements.

SUMMARY:

Parcel Map No. 37837 (Church at the Red Door) is a subdivision situated at the southeast corner of Jefferson Street and Avenue 49. Church at the Red Door will be replacing the Subdivision Improvement Agreement and improvement bonds for street and survey monument improvements for the parcel map improvements. These improvement bonds will ensure the timely completion of the necessary improvements.

BACKGROUND INFORMATION:

CRD Holdings processed and recorded Parcel Map No. 37837 for the Church at the Red Door project and had entered into a Subdivision Improvement Agreement and posted improvement bonds for street and survey monument improvements. Church at the Red Door will replace the Subdivision Improvement Agreement and improvement bonds as per the original engineer’s construction cost estimate. Church at the Red Door will be completing the site improvements contemplated by the Subdivision Improvement Agreement and street and survey monument improvement bonds being replaced.

Church at the Red Door will execute the new Subdivision Improvement Agreement and post the corresponding bonds to guarantee the completion of the improvements.

FINANCIAL SUMMARY:

Current FY Financial $0 In current year budget: N/A
AGENDA ITEM #8.16
Authorize release of Subdivision Improvement Agreement and improvement b... Page 1939 of 2161 Impact:

Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
Source of funds: N/A Fund-Org-Object
Reference:

N/A
Additional Financial Details:

There is no financial impact associated with the substitution of the Subdivision Improvement Agreement and surety bonds.

ATTACHMENTS:

Attachment 1 - Vicinity Map
APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 23 May 2024 Jennifer A. Mizrahi, Assistant City Attorney Approved - 24 May 2024 Ruby D. Walla, Director of Finance Approved - 28 May 2024 Bryan H. Montgomery, City Manager Approved - 29 May 2024

Authorize release of Subdivision Improvement Agreement and improvement b... Page 1940 of 2161 ATTACHMENT 1

VICINITY MAP

Authorize release of Subdivision Improvement Agreement and improvement b... Page 1941 of 2161

Authorize release of Subdivision Improvement Agreement and improvement b... Page 1942 of 2161 City of Indio
City Council
June 5, 2024

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Conflict: Yes Member: Lupe Ramos Amith
Subject: Agreement with Albert A. Webb Associates in an amount not-to-exceed $925,100 for the Construction Management and Inspection Services for the Jackson Street Improvement Project - Phase 1 (City Project No. TS1901), (County of Riverside Project No. D0-0012)
RECOMMENDATION:

Approve Agreement with Albert A. Webb Associates in an amount not-to-exceed $925,100 for the Construction Management and Inspection Services for the Jackson Street Improvement Project - Phase 1 (City Project No. TS1901), (County of Riverside Project No. D0-0012) SUMMARY:

The Jackson Street Improvement Project aims to enhance traffic flow and pedestrian safety from south of Avenue 52 to the intersection of Odlum Drive/Avenue 49, including parts of Avenue 50 and Avenue 52. The project is divided into two phases, with Phase 1 focusing on the immediate expansion of traffic lanes. The City requested proposals for construction management services, and after evaluation, Albert A. Webb Associates was chosen for their expertise and capability to meet project requirements. The City Council already approved the construction contract with Granite Construction Company on May 1, 2024.

BACKGROUND INFORMATION:

The project encompasses improvements along Jackson Street from 1,600 feet south of Avenue 52 to the intersection of Odlum Drive/Avenue 49, as well as segments of Avenue 50 and Avenue 52 adjacent to Jackson Street. The scope of work includes the widening and rehabilitation of streets to accommodate two northbound and two southbound lanes of traffic. This project will increase traffic flow, installing new street crossings equipped with underground drainage systems for efficient storm water management, and establishing conduits for IID, streetlights, and future traffic signals to support the area's infrastructure needs.

Additionally, the project includes constructing sidewalks, curb ramps, and driveways to improve pedestrian accessibility and safety, as well as replacing a CVWD irrigation pipeline. Furthermore, this phase of the project entails procuring equipment for three future traffic signals that have long lead times, so that they will be ready for installation with Phase 2 of this project.

The project plans have been split into two phases designed to address both the current phase that will create a second northbound lane for traffic on Jackson Street, and future enhancements that AGENDA ITEM #8.17
Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1943 of 2161 can only be installed once right-of-way acquisitions are complete. This contract focuses specifically on Phase 1, where the primary objective is to create two northbound and two southbound traffic lanes on Jackson Street, enhancing traffic flow and improving overall mobility in the area. The City Council awarded this construction contract to Granite Construction Company on May 1, 2024.

On April 1, 2024, the City posted a Request for Proposals (RFP) for qualified firms to submit proposals for Construction Management and Inspection Services on the Jackson Street Improvement Project - Phase 1.

On May 1, 2024, the following six (6) firms submitted proposals for the scope of services requested:
 Albert A. Webb Associates (Riverside, CA)
 Berg & Associates, Inc. (San Pedro, CA)
 Dynamic Engineering Services, Inc. (Corona, CA)
 Fountainhead Consulting Corporation (Fontana, CA)
 Southstar/DCCM (Riverside, CA)
 Z&K Consultants Inc. (San Bernardino, CA)
A review committee made up of City and County staff, evaluated the RFPs and selected Albert A.

Webb Associates, based on their experience, understanding of the work to be done, experience with providing similar kinds of work, quality of staff, and a demonstrated technical ability to meet the needs of the project.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$750,000 In current year budget: No
Current FY General
Fund Impact:
$0 Budget adjustment: Yes
Next FY Financial
Impact:
$175,100 Strategic Objective: Community Infrastructure
Source of funds: Capital Projects Fund-Org-Object
Reference:
300-523006
Additional Financial Details:

The FY 2023/24 Budget has $750,000 allocated towards the Construction Management and Inspection Services for this project. Staff recommends allocating $175,100 of the FY 2024/25 Budget for the remainder of the contract.

ATTACHMENTS:

Attachment 1 - Project Location Map
Attachment 2 - Agreement with Albert A. Webb Associates, Inc.

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 29 May 2024 Jennifer A. Mizrahi, Assistant City Attorney Approved - 29 May 2024 Ruby D. Walla, Director of Finance Approved - 30 May 2024

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1944 of 2161 Bryan H. Montgomery, City Manager Approved - 30 May 2024

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1945 of 2161 ATTACHMENT 1
Project Location Map

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1946 of 2161

COUNCIL MEETING DATE
N
W E

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

PROJECT LOCATION

CITY BOUNDARY
MAY 1, 2024

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

NOT TO SCALE JACKSON ST
AVENUE 52

CITY OF INDIO
AVENUE 50
AVENUE 49
AVENUE 51 JACKSON ST

COUNTY OF RIVERSIDE CITY OF INDIO CITY OF COACHELLA
AVENUE 48
COUNTY
OF

RIVERSIDE CITY OF INDIO COUNTY OF RIVERSIDE

CITY OF INDIO

CITY OF COACHELLA

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1947 of 2161 ATTACHMENT 1
Agreement with Albert A.

Webb Associates, Inc.

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1948 of 2161

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF INDIO,

A CALIFORNIA MUNICIPAL CORPORATION
AND
ALBERT A. WEBB ASSOCIATES
Form Approved 09/01/2022

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PROFESSIONAL SERVICES AGREEMENT
FOR THE JACKSON STREET IMPROVEMENT PROJECT – PHASE 1
PROJECT NO. TS1901
BETWEEN THE CITY OF INDIO AND ALBERT A. WEBB ASSOCIATES, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 5th day of June, 2024 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation and Albert A. Webb Associates, Inc. a California Corporation (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter referred collectively referred to as the “Parties.”

RECITALS

1. City has sought by issuance of request for proposal of the performance of the Jackson Street Improvement Project – Phase I (Project No. TS1901) defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.

2. Consultant was selected by the City to perform those services.

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

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

5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services and 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 is through June 30, 2025, commencing on Effective Date, unless otherwise extended by written agreement of the Parties.

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(b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation and Method of Payment.”
(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 appropriated and authorized by City Council.

SECTION 2. SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE (a) SCOPE OF SERVICES. Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and the City agrees to retain and does hereby retain Consultant for the Services.
(b) SCHEDULE OF PERFORMANCE. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce Section 21, “Default” of this Agreement and may instead allow Consultant to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

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

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant 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 Nine Hundred Twenty-Five Thousand One Hundred dollars ($925,100.00), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.

Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 24, “Notices” hereof. Under no circumstances shall the total amount paid to

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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. (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 review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant 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

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Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

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 desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.

SECTION 7. CONSULTANT’S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to 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 otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, 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 services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general

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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 Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

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

To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
(b) It is the understanding of City and Consultant that Prevailing Wage Laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, 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, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

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

SECTION 13. UNAUTHORIZED ALIENS.

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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 subconsultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.

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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 reimbursement 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 admissions 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.

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(b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may 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 isin 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 this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 21. DEFAULT.

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

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

SECTION 22. EXCUSABLE DELAYS.

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

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unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

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

SECTION 24. NOTICES.

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

To City: City of Indio
Attn: City Manager
100 Civic Circle Drive
Indio, CA 92201
To Consultant: Albert A. Webb Associates
Attn: Mr. Dilesh Sheth, PE/TE
3788 McCray Street
Riverside, CA 92506
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Consultant 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.

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SECTION 27. BINDING EFFECT.

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. TIME OF ESSENCE.

Time is of the essence for each and every provision of this Agreement.

SECTION 36. FEDERAL FUNDS.

As the Services are funded either in whole or in part by federal funds, Consultant shall comply with the requirements of Addendum “2” “Federal Funds.” [SIGNATURE PAGE FOLLOWS]

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1962 of 2161

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
BETWEEN THE CITY OF INDIO AND ALBERT A. WEBB ASSOCIATES, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF INDIO
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
IND-PSA rev20220901
Signature Page
CONSULTANT:

By:

Its:

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1963 of 2161 IND-PSA rev20220901
Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”

SCOPE OF SERVICES

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1964 of 2161 Prepared for:

C o n s t r u c t i o n M a n a g e m e n t a n d
Inspection Services for the
Proposal to Provide

JACKSON STREET

IMPROVEMENT
PROJECT PHASE 1
May 1, 2024
webbassociates.com

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1965 of 2161 Section 1. Cover Letter
Section 2. Statement of Qualifications
Section 3. Project Understanding & Approach
Section 4. Scope of Work
Section A. Appendix - Resumes
1 3
10 14
21 Table of Contents Page 24 of 50 AGENDA ITEM #8.17
Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1966 of 2161 1 3788 McCray Street, Riverside, CA 92506 | P:951.686.1070 | F:951.788.1256 | www.webbassociates.com

1. Cover Letter
May 1, 2024
Donn Uyeno
Public Works Engineering Services
City of Indio - Public Works
100 Civic Center Mall
Indio, CA 92201
RE: Request for Proposals to Provide Construction Management and Inspection Services for the Jackson Street Improvement Project Phase I #D0-0012
Dear Mr. Uyeno,
The City of Indio (City) is a significant and esteemed partner of Albert A. Webb Associates (WEBB) and WEBB is enthusiastic about providing support to the City on the Jackson Street Phase 1 Project (Project) with Construction Management and Inspection Services.

WEBB’s proposal provides a comprehensive overview of the firm’s qualifications, the experience of the project team, and a detailed plan to successfully complete the City’s project. We identified potential project challenges and have worked through options to address and mitigate risks for the City. WEBB’s CM team prepared the plans, specifications, visited the project site, and talked with contractors to best understand and prepare for this Project.

Reed Chilton, PE, QSD Director of Construction Management and Inspection, Land Surveying, and Mapping will act as Principal-in-Charge and Keith Barnett will act as Construction Manager for the project. WEBB will collaborate with the following sub-consultants: South Environmental for Environmental Monitoring, Smith-Emery for Geotechnical Analysis, and Burke Rix Communications for Public Outreach.

Success Factors
To be successful on the City’s project, WEBB has identified the following critical success factors:
• Construct the entire project safely so each team member returns each day better than when they left • Be a good neighbor with clear communication to the public and consider traffic impacts • Review, inspect, observe, and test all materials and work to receive a high-quality project • Identify potential scheduling impacts early and mitigate risks of time extensions • Minimize additional project costs by enforcing the Contract Documents and planning ahead • Adhere to MMRP requirements to construct the Project in an environmentally responsible manner Our Core Values Add Value
WEBB’s core values are Leadership, Teamwork, and Excellence. As we strive daily to practice these principles, we are confident that we will add unmatched value to the City.

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1967 of 2161 2 Leadership adds value:
• Principal-in-Charge, Reed Chilton, PE, specializes in managing large construction projects and leading teams. He has worked with the City on multiple projects. • Construction Manager, Keith Barnett, has extensive experience working with the City and multiple agencies in the region and is on the Owner’s team. He earns respect by enforcing Contract requirements, finding solutions, and firm and fair negotiating. • Inspector, Clay Jarvenin or Phil Lemoine, will be assigned to the Project. Both are a trusted inspectors and are knowledgeable of City standards and the region.

Teamwork adds value:
• WEBB is also working with the City on the Civic Center Storm Drain and Sports Park projects. WEBB has a similar team including the CM, survey team, and public outreach team for this project. The cohesive team working on multiple projects will provide efficiencies to the City that will decrease costs for the City.
• We understand the inconvenience construction can cause. We have partnered with Burke Rix Communications on this project for public outreach services to keep the public informed of the schedule and benefits of the Project.
• WEBB teamed up with Smith-Emery for soils testing, materials testing, and special inspections.

Smith-Emery is a trusted team and is extremely responsive with a wide range of services.

Excellence adds value:
• WEBB’s team is always seeking ways to improve and add value through technology. Here are a few examples for this Project that are no additional cost to the City:
• Procore will be used to manage the project. The City, Engineers, Contractor, and Agencies will all have the same set of project documents
• WEBB will drive the project alignment with a 360˚ camera and upload the street view imagery to Mapillary. It is public domain and free to access to provide before and after photos. • WEBB will provide monthly aerial photos for the City. The photos can be used for Council presentations and project updates.
• Excellence leads to great relationships. During the RFP, WEBB talked to contractors to identify risks, opportunities, and strategies.

The City can be confident the project will be successfully completed in a timely and professional manner by our experienced, motivated, and professional CMI Team. We look forward to the opportunity to continue working together. As always, if you have any questions regarding our proposal, please contact me directly at 951.830.5746, or by email at [email protected].

WEBB will not be taking any exceptions to the City of Indio Standard Agreement for Professional Services.

Sincerely,
Reed Chilton, PE, QSD
Director, Construction Management and Inspection, Land Surveying and Mapping [email protected]
951.830.5746

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1968 of 2161 3 2. Statement of Qualifications
Project Personnel Organization Chart
The following chart provides an overview of key personnel who will be responsible for the City’s project.

Detailed resumes for key WEBB project team members can be found in the Appendix of this proposal. All civil engineers are licensed in the State of California.

CONSTRUCTION MANAGER
Keith Barnett
Construction Services Manager

ASSISTANT CONSTRUCTION MANAGER
Andrew Vollrath, EIT
Assistant Construction Manager

SUBCONSULTANTS
Environmental Monitoring
South Environmental
Geotechnical Analysis
Smith-Emery
Public Outreach
Burke Rix Communications

PRINCIPAL-IN-CHARGE

PROJECT MANAGER
Reed Chilton, PE, QSD
Director
C 83827

TECHNICAL EXPERTS
Dilesh Sheth, PE
Senior Vice President
C 65078
Jason Ardery, PE, TE, LLS, CPESC,

QSD, QSP
Vice President

IN-HOUSE INSPECTORS
Clay Jarvinen
Construction Inspector
Phil Lemoine
Construction Inspector

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1969 of 2161 4 Project Team Overview
Reed Chilton, PE, QSD
Director
Reed Chilton, PE, QSD
Director, Construction Management and Inspection, Land
Survey and Mapping
Keith Barnett
Construction Manager
Keith Barnett
Construction Services Manager
Keith Barnett is a Construction Services Manager and Inspector with WEBB’s Construction Management and Inspection Department.

Keith has more than 25 years of experience with various types of projects. His experience as a construction manager for various large scale projects, coupled with his decisive nature and excellent project management skills, has made him capable of overseeing teams, budgets, and schedules. Keith is adept at client relationship management, scope development, and field monitoring.

Reed Chilton, PE, QSD, is Director of WEBB’s Construction Management and Inspection and Land Survey and Mapping
Department. Reed has worked on a variety of private and public projects and has established a strong foundation in the engineering and construction management profession. His project experience includes sewer lines, drainage facilities, water lines, recycled water lines, wastewater treatment facilities, dry utilities, street improvements, street lighting, traffic signals, and landscaping.

Specifically, his involvement with these projects includes preparation of specifications and bid documents, contract management and administration, permitting, submittal and RFI review and coordination, leading meetings, field investigations, project documentation, review and approval of change orders and pay estimates, project close-out, and managing day-to-day needs for owners and contractors.

Andrew Vollrath
Assistant Construction Manager
Andrew Vollrath
Assistant Engineer
Andrew is currently an assistant engineer working on receiving his Professional Engineering License. Andrew manages the progress of numerous projects, with the goal of a high-quality product within budget and schedule. His role includes preparing and negotiating the financial aspects of the job, ensuring materials are up to standard, maintaining communication between owners, contractors, and engineers, and collaborating with designers and public agencies to ensure a successful construction process.

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1970 of 2161 5 Jason Ardery, PE TE, LLS, CPESC,

QSD, QSP
Vice President
Jason Ardery, PE, TE, LLS, CPESC, QSD, QSP
Vice President
As an experienced civil engineer and land surveyor, Jason brings a wealth of experience in planning, designing, and managing complex projects from conception to completion. With 19 years of experience, Jason has established a reputation for delivering high-quality results that meet or exceed client expectations.

As a Vice President and having served as the Director of Land Development at WEBB for more than 10 years, Jason led a team of well experienced and diversified Project Managers, Engineers, Designers, Planners, Landscape Architects, and administrative staff in residential, commercial, and industrial development projects.

Jason is very familiar with the entitlement process having been involved with and overseen the approval of many entitlement applications, including Change of Zones, General Plan Amendments, Specific Plans, Specific Plan Amendments, Tentative Maps, Site Plans, Air Port Land Use compliance, Williamson Act & Agricultural Preserve cancellations. Jason also served on the City of Eastvale General Plan Advisory Committee for the development of the first General Plan for the City of Eastvale.

Jason has extensive experience in site development, grading and drainage design, utility design, roadway design, and construction administration. Jason’s expertise includes designing and managing projects ranging from small site developments to large infrastructure improvement projects. Jason has a deep understanding of civil engineering and surveying principles, which allows for efficient and cost-effective design solutions.

With extensive experience in land development, Jason also has expertise in boundary surveys, ALTA surveys, topographic surveys, construction staking, mapping, and legal descriptions. Jason has a keen eye for detail and accuracy, which ensures that surveying projects are completed with precision and professionalism.

Jason is a licensed civil engineer, traffic engineer, land surveyor, Certified Professional in Erosion and Sediment Control (CPESC), a Qualified SWPPP Developer (QSD), and Qualified SWPPP
Practitioner (QSP), a small Unmanned Aircraft System (sUAS) Remote Pilot, and holds a Bachelor of Science degree in Civil Engineering from California State Polytechnic University, Pomona.

Jason is also a member of professional organizations such as the American Society of Civil Engineers and serves as the President of his current HOA.

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1971 of 2161 6 Dilesh Sheth
Senior Vice President
Dilesh Sheth
Senior Vice President
Dilesh Sheth, PE, TE, is a Senior Vice President with WEBB and is Director of the Traffic & Transportation Department. Dilesh assists public and private clients with sophisticated civil works projects.

Clients benefit from his expertise in presenting project findings and recommendations to elected officials, municipal commissions, community groups, and the general public.

Dilesh has coordinated projects with Caltrans and numerous counties, cities, flood control districts, utility companies, residential, and business owners throughout Inland Southern California. This experience enables him to help clients realize a wide range of project goals and comply with varied requirements. He balances the needs of the community with the needs of local jurisdictions to bring positive solutions to difficult situations and projects. Dilesh’s technical experience includes highway design, intersection and interchange improvements, street widening, alignment studies, and geometrics’ drawings. His recent projects include a diverse range of roadway design, freeway ramp improvements, residential development street design, traffic signal design, traffic control plans, signing & striping plans, and pedestrian and bike facilities. He has also handled site access evaluation, intersection capacity analysis, traffic forecasting, circulation planning, traffic impact studies, parking studies, parking demand analysis, transportation demand management plans, focused site specific traffic studies, and area-wide circulation studies.

Dilesh is currently serving as the Program Manager for the On-Call traffic engineering services for the cities of Palm Springs, Cathedral City, Lake Elsinore, and Grand Terrace, and the County of Riverside.

Through his efforts, Dilesh has been able to raise over $24.3 million in funds from HISP and CVAG for these cities and their numerous projects. A large majority of these projects were completed without any matching funds needed from the City.

Clay Jarvinen
Construction Inspector
Clay Jarvinen is a Construction Inspector in WEBB’s Construction Management and Inspection Department. Clay has over 35 years experience in the construction industry and municipal government industry.

Clay Jarvinen
Construction Inspector

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1972 of 2161 7 Phillip J. Lemoine, CET
Construction Inspector
Phillip Lemoine, CET, (Phil) is a Construction Inspector with WEBB’s Construction Management and Inspection Department. Phil was instrumental in providing construction management and inspection for improvements of Assessment District Nos. 159 and 161 and CFD 88-4 for the County of Riverside in the Murrieta/Temecula area.

His responsibilities included the on-site inspection and construction management of five bridges in Assessment District Nos. 159, 161, and CFD 88-4 for the County of Riverside.

Phil also provided construction management services for the widening of the Rancho California Road bridge crossing over the I-15 for the City of Temecula. He was also the CFD Contract Manager for various projects within the City of Fontana including Sierra Lakes CFD No. 12 and Shady Trails CFD No. 31. Phil also provided CFD contract management for The Preserve CFD No. 2003-3 for the City of Chino.

Phillip J. Lemoine, CET
Construction Inspector
Public Agency References
Agency Contact Person Phone Number and
Email Services Duration
City of Indio
100 Civic Center Mall
Indio, CA 92201
Tim Wassil, PE,

PMP, CCM
Public Works
Director
760-391-4018
[email protected] Various 2012 - Current
City of Chino
13220 Central Avenue
Chino, CA 91710
Isaac Ortega
Inspection
and Permitting
Supervisor
909-334-3250
iortega@cityofchino Various
Elsinore Valley Municipal
Water District
31315 Chaney Street
Lake Elsinore, CA 92530
Nelson Nuezca
Engineering
Manager
951-674-3146 Ext. 8786
[email protected] Various 2017 - Current
County of Riverside
3133 Mission Inn Avenue
Riverside, CA 95507-4199
Anna Rodriguez
Project Manager
760-863-2552
[email protected] Various

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1973 of 2161 8 Relevant Project Experience
Madison Street Improvements From
Avenue 50 to 52
City of Indio
Client Contact: Tim Wassil, PE, PMP, CCM, Public Works
Director
City of Indio
760.391.4018
WEBB provided construction management and inspection for the $6.9 million Madison Street Improvement Project for the City of Indio. This project includes asphalt paving average paving section of 14.5-inches, concrete construction including curb, gutter, sidewalk, and ADA ramps, drainage installation, traffic signal installation, landscaping and irrigation, water relocation and upgrades, traffic control, surveying, dry utility, conduit installation, potholing, and related work to widen a four-lane road. The WEBB Team was also responsible for coordinating with the City of La Quinta, the Coachella Valley Association of Governments, the Coachella Valley Water District, the Imperial Irrigation District, Goldenvoice, Empire Polo, and other utilities. This project required extraordinary scheduling coordination due to its proximity to the Coachella Music Festivals.

Project Highlights:
• Traffic Analysis
• Aggressive Schedule for Phase 1
• Coordination with multiple Agencies
• Coordinated Project Schedule around music festivals and property owners Highway 111 Off-site Improvements -
Detention Center
City of Indio
WEBB provided construction management and inspection for the $3.1 million John J. Benoit Detention Center Offsite Storm Drain, Street, and Traffic Signal Improvement Project for the County of Riverside Economic Development Agency. Storm drain improvements consisted of excavation/grading of retention basin of approximately 18,040-CY, installation of 3,660-LF of RCP ranging in sizes from 18-inch to 48-inch, and construction of 161-LF of curb inlet catch basins. Installation of RCP required multiple water relocations and modifications including vertical offsets ranging in sizes from 1-inch to 2-inch services and 6-inch to 12-inch mainline along with sewer lateral modifications. Coordination with the Indio Water Authority, Valley Sanitary District, City of Indio Public Works, and Imperial Irrigation District was required. WEBB also coordinated soils testing with local business owners.

Client Contact: Tim Wassil, PE, PMP, CCM, Public Works
Director
City of Indio
760.391.4018

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1974 of 2161 9 John J. Benoit Detention Center Phase II
City of Indio
The project consisted of offsite improvements for the John J. Benoit Detention Center, including Hwy 111 and Oasis roadway, new sidewalk, access ramps and associated concrete improvements, landscape and irrigation, signing & striping, and traffic signal modification improvements. Coordination with the following agencies was required: City of Indio Public Works, Valley Sanitary District, and Indio Water Authority.

Client Contact: Tim Wassil, PE, PMP, CCM, Public Works
Director
City of Indio
760.391.4018
21/22 Pavement Management Project
City of Indio
Client Contact: Juan Raya, PE, City Engineer
City of Indio
100 Civic Center Mall
Indio, CA 92201
760.541.4225 / [email protected]
WEBB’s Construction Management & Inspection team oversaw the repaving of 19 separate street segments; inside 10 neighborhoods and three parking lots. Work will include grinding and removing existing asphalt and replacing the removed asphalt to prior grade, protecting manholes and valves, replacing existing striping, NPDES and AQMD compliance, and traffic control and resident/business notifications.

Construction Management Services -
City of Chino
Lewis Investments Company LLC
Client Contact: J. Scott Crawford
Lewis Operating, Corporation
512.244.1200
WEBB has been the contract manager since 2004 for this $150 million CFD backbone infrastructure development project for Lewis Operating Corp. in The Preserve development in the City of Chino. Improvements include streets, water, recycled water, sewer, traffic signals, street lighting, drainage facilities, sewer, parks, and landscaping. Responsibilities include the preparation of specifications, assembling the bid package, bidding, award recommendation, contract execution coordination, conduct preconstruction meetings, conduct weekly construction meetings, coordination with design engineers, field construction managers, and contractors, weekly working day statements, change order reviews and preparation, construction schedule monitoring, submittal coordination, RFI/RFC responses, monthly progress estimate preparation, punch list completion coordination, NOC preparation, and preparation of CFD acquisition and reimbursement packages.

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1975 of 2161 10 3. Project Understanding and Approach
We understand this RFP is requesting Construction Management and Inspection Services for the Jackson Street Improvement Project Phase 1 (Project), and we are committed to delivering exceptional results. The WEBB Team is equipped to handle all aspects of the scope, including pre-construction meetings, utility coordination, coordinating submittal and shop drawing review, leading meetings, reviewing change orders, RFIs, and schedules, performing construction inspection, public outreach, material testing, construction staking, and environmental monitoring, and all Construction Management Services to support the construction efforts.

Inspection Services will be required to ensure quality control, document work, and provide direct interaction with the contractor. We will maintain the construction records and transmit them in an orderly fashion to the City during and at the conclusion of the work.

Furthermore, we recognize the significance of this project within the context of the City’s Master Plan. We are dedicated to aligning our efforts with your vision and goals, ensuring that the project progresses smoothly and efficiently. Our familiarity with the local area and our track record of successful collaborations with your staff make us confident that we can provide the high level of service and expertise that the City require.

We are eager to serve as your trusted advisor throughout the duration of the project, keeping you informed every step of the way and addressing any challenges or risks that may arise. With our proven capabilities and commitment to excellence, we are confident that we can help the City achieve your objectives within budget and on schedule.
*Added Value: Since WEBB is providing Construction Management and Inspection services for the nearby Civic Center and Sports Park projects which share similar construction schedules, we can provide value by allowing our inspector to cover multiple projects concurrently. We propose to provide 2 full-time inspectors to cover the 3 projects, rather than 3 inspectors. This strategy allows us to include 640 fewer inspection hours in our proposal resulting in a cost savings of close to $100,000 for the City!
WEBB will meet all requirements described in the Scope of Services of the RFP for the project.

SCOPE: Work for Phase 1 includes pavement widening and rehabilitation, installation of street crossings including sub-surface drainage facilities, IID conduit, streetlight conduit, and traffic signal conduit and pull boxes for three new traffic signals that will be installed with Phase 2. Phase 1 improvements also include installation of sidewalk, curb ramps, and driveways and removal and replacement of CVWD irrigation pipelines. During Phase 1, the contractor will also be required to furnish traffic signal pedestals for three signals and delivery to the City storage yard.

DESIGN ENGINEER:

Webb Associates
CONTRACTOR:

Granite Construction
LOCATION:

Along Jackson Street from 1,600-FT south of Avenue
50 to the intersection of Odlum Drive/Avenue 49, and
along Avenue 50 and Avenue 52 east and west of
Jackson Street.

ESTIMATED CONSTRUCTION COST:
$6.2 million
ESTIMATED CONSTRUCTION PERIOD:
220 Working Days
AGENCY COORDINATION/PERMITS:

City of Indio, CVWD
PUBLIC INTERACTION:

Local residents
REQUIRED INSPECTIONS AND TESTING:

Inspection or Test Performed By Verified By
General Inspection WEBB WEBB
Soil Compaction Testing Smith-Emery WEBB
Base and Asphalt Testing Smith-Emery WEBB
Chlorinate and Pressure Test Contractor WEBB
IID Contractor WEBB
Biological Survey South Environmental WEBB
Paleontological Monitoring South Environmental WEBB
SWPPP Inspections Contractor WEBB
Construction Staking WEBB Contractor

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1976 of 2161 11 CRITICAL ITEM #2
Schedule Coordination/Timing of the Mesquite
Water Mutual Association, City Project No. W-32
• Schedule coordination with the Mesquite Water
Mutual Association, City Project No. W-32,
will be critical to the project as the proposed
waterline is located within the limits of Phase 1
Improvements. To avoid unnecessary removals
and reconstruction of Phase 1 improvements,
coordination with this project will be necessary
to ensure all facilities within the Phase 1 limits
are installed prior to Phase 1 paving.
• WEBB will coordinate with the developer on
timing of construction. Sewer construction within
Avenue 50 will also need to be coordinated.

CRITICAL ITEM #1
Edge Conditions
• The project was designed to be built in one phase.

Due to the timing of right-of-way acquisitions, it
is now planned to be constructed in two phases.

Phase 1 will leave edge of asphalt and concrete
improvements that will need to be tied-into during
Phase 2. It is critical that the improvements
installed in Phase 1 are constructed accurately
to minimize removals and provide a seamless
transition into the Phase 2 construction.

CRITICAL ITEM #3
CVWD Waterline Shutdown Work
• Scheduling the shutdown will be critical to the
project as CVWD will only allow each waterline
to be shut down for a 72-hour period. Therefore,
coordination with CVWD staff for allowable
shutdown times will be needed as well as
detailed coordination and scheduling with the
contractor to ensure all work that can be done
prior to the shutdown is complete to prevent any
unforeseen issues during the shutdown.
• Dewatering of the existing waterline will need
to be controlled and monitored to prevent and
water entering private properties or affecting
other construction activities.

CRITICAL ITEM #4
Resident Coordination
• Removal and reconstruction of existing
residential driveways and landscaping will need
to be coordinated with each property owner to
minimize impacts on their property and ensure
they have access when needed. Being proactive
and informative to all property owners well before
any construction activities take place, will be in
everyone’s best interest and allow the contractor
to make any adjustments to schedules, if
necessary.

Figure 1 - Jackson Street at Avenue 50
CRITICAL ITEM #5
IID & Traffic Signal Coordination
• In order to minimize the removals and throwaway
cost for Phase 2, the installation of traffic signal
conduits within the Phase 1 paving limits is
proposed. Review of the contractor’s schedule
will be necessary to ensure conduits will be
installed prior to Phase 1 paving.
• To minimize any delays due to the lead time on
traffic signal equipment, the furnishing of traffic
signal equipment for installation in Phase 2 has
been included in Phase 1. Coordination early on
with the contractor will be necessary to make
sure that the traffic signal equipment has been
ordered to allow for the necessary lead time and
ensure the equipment will be available for the
Phase 2 installation.
• Installation of proposed IID conduit crossings
prior to Phase 1 paving will be necessary to avoid
any additional removals and pavement patching
with Phase 2. Therefore, coordination with IID
staff for the installation of the conduits and
coordination and scheduling with the contractor
will be necessary to ensure all work that can be
done prior to Phase 1 paving and is acceptable
to IID.

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1977 of 2161 12 CRITICAL ITEM #6
Environmental Monitoring
• Pre-construction surveys and monitoring will
be required by the Project MMRP. WEBB
understands the sensitivity of these areas and will
ensure the project is completed in a responsible
manner.
• Surveys will need to be scheduled and completed
prior to construction of various phases based on
the time of year.
• WEBB will work with the Contractor and
understand the daily activities to have the
paleontological monitor on-site when needed.

Key Project Issues:

Webb Staff has current experience with the City of Indio, prepared the bid documents and visited the site to better understand the critical items of construction. We have identified the following key project issues and challenges:

1. Safety:

Safety is always the number one priority for a construction project. This project includes various potential safety hazards such as heavy equipment, trenching, and working on existing infrastructure.

WEBB Approach:
• The WEBB Team will be active in encouraging safe practices. The inspector will attend the contractor’s weekly safety meetings and safety will be discussed at each project meeting. • WEBB’s Inspector will be on-site daily to review access for residents and that all work is performed within the easements.

2. Public Conveniences & Coordination with Homeowners:

WEBB Approach:
• WEBB’s Staff will be in the field consistently throughout the project and will maintain steady communication. WEBB will be able to assist by explaining what is happening and answer any questions. WEBB has bilingual staff that will help communicate with Spanish speaking residents, if applicable.
• WEBB’s public outreach group will notify and educate the public of the upcoming improvements, traffic control phases, and driveway construction work. • Based on our experience in the area, theft and vandalism may be a concern for the contractor. We will discuss this at the Pre-Construction Meeting so it is clear that the City is not responsible for any damage or vandalism.

3. Communication:

The project team will be large, and all parties need to know the status of critical points of the project.

Meetings, phone calls, emails, text messages, and field conversations can become cumbersome and ineffective if not handled properly. Current plans, specifications, material submittals, RFI responses, and other project documentation will be readily available to the entire project team.

Figure 2 - Coordination with Local Businesses and
Church for Access

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1978 of 2161 13 WEBB Approach:
• The WEBB Team will lead the communication effort on the project. Critical conversations will be clarified in writing and distributed to the team. All project documentation, including approved submittals, RFI responses, design clarifications, meeting minutes, and approved contract documents will be made available throughout the project to the team. • WEBB uses Procore Construction Management Software for all projects and will make all project information available to the City, contractor, and City agencies at no additional charge to the City.

The WEBB Staff will be proactive, informed, and professional to make sure the latest information is known in the field. Approved documents will be uploaded to the City’s site. • Progress meetings will be a forum to discuss progress, identify issues, solve problems, schedule inspections, and make assignments. WEBB will distribute meeting minutes to the team with action items, assignments, and clear direction.

4. Construction Sequencing and Scheduling:

Material submittals and long lead items need to be addressed immediately to avoid costly delays during construction. Tie-in to the existing mainline will need to be coordinated with the City.

WEBB Approach:
• We will review the contractor’s schedule to make sure all pre-construction items are included such as permits, potholing, pothole report, submittals, and material procurement are accounted for and followed throughout the project.
• Once a baseline schedule is approved, the contractor will provide a three-week look ahead schedule for review at the construction progress meetings. These schedules will be used by the WEBB Team to schedule inspections, monitoring, and testing. • Coordination with the Mesquite Water Mutual Association waterline will be critical. The waterline needs to be installed before the street improvements in this area.

5. Quality Assurance/Quality Control:

Constant supervision of the project will be required to ensure the City that all project requirements are met during construction. Our goal is to make sure the City receives the quality project they are paying for.

WEBB Approach:
• Smith-Emery will provide all reports for compaction tests, materials tests, manhole coating inspections, and special inspections to verify compliance with the Contract Documents. • WEBB will schedule soils testing to provide all materials and compaction tests to assure the City receives a high-quality project.

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1979 of 2161 14 Task Description of WEBB’s Scope Schedule/
Frequency Deliverables Person Responsible
1 PRE-CONSTRUCTION
Contract
Document
Constructibility
Review
Perform a comprehensive review of the
plans and specifications to check for
consistency, discrepancies, conflicts,
and opportunities.

Perform field walk with the project
Inspector. Provide recommendations
from our findings and any Value
Engineering ideas that could help
avoid change orders, improve the
final product, and improve the project
schedule.

Review all findings with the City and
design team. We recommend that the
Engineer provide a Composite Utility
Map for the review so all phases of the
project can been seen on a single plan.

Prior to Bidding
1 Full-day Workshop
with Summary of
recommendations
Principal-inCharge
Preconstruction
Conference
Lead meeting and discussions
on critical items in construction,
Contractor’s schedule, and means
and methods. Provide springboard for
the project team to action items. The
WEBB team will follow-up on deadlines
for each item.

Prior to
Construction
Meeting Agenda
Meeting Minutes
Action Items List
Construction
Manager
2 SUBMITTALS
Document
Tracking
WEBB proposes to process all
project documents through Procore
to automatically log and track reviews
and provide access to the project
team. All project documents will be
routed and accessible on Procore
including submittals, warranties,
spare parts, trainings, RFIs, change
orders, and payment applications. All
documents will be available to view at
all times, promoting transparency and
accountability by all team members.

Continuous
Procore Training
Weekly Summary
Reports
Resident
Engineer
Submittal
Management
WEBB will log, track, manage the
distribution, and ensure timely review
of all submittals. WEBB will review
construction related submittals and
shop drawings and provide a preliminary
review of technical submittals before
coordinating with the design engineer
for review. We will conform to the
specified turn-around times and
understand the importance of timely
review to avoid having risk turn to the
Owner for delays.
<20 nontechnical
submittals (by
WEBB)
<50 technical
submittals
(by Design
Engineer)
Submittal
Responses
Weekly Submittal
Log
Resident
Engineer

4. Scope of Work Page 38 of 50 AGENDA ITEM #8.17
Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1980 of 2161 15 Task Description of WEBB’s Scope Schedule/
Frequency Deliverables PersonResponsible
Submittal
Schedule
Provide list of required submittals,
shop drawings, and items required by
Contractor.

Prior to
Construction
List of Anticipated
Submittals
Resident
Engineer
3 CONSULTATION AND MEETINGS
Project
Meetings
Regularly scheduled meetings will be
held with the Project Team to discuss
progress, identify issues, identify action
items, and schedule inspections as
needed. WEBB will prepare meeting
agendas and minutes based on the
current project needs. The inspector
will attend and actively participate in all
construction meetings. With “boots on
the ground”, the WEBB inspector will
be prepared to address potential issues
and inform the City of the progress of
each project.

WEBB will use meetings or conference
calls to discuss progress, identify
issues, identify action items, and
schedule inspections as needed for the
coming week.
<50 meetings
Meeting
Agendas
Meeting
Minutes
Action
Items List
Construction
Manager
RFI
Management
WEBB will review RFIs submitted
by the Contractor and coordinate
responses with the City and Engineer.

WEBB will not provide design revisions.

WEBB will coordinate with the Engineer
for modifications to the plans or
specifications. WEBB will provide
recommendations to the Engineer and
the City on the best options on resolving
conflicts. WEBB has Engineers
assigned to this project to assist in
making sound recommendations to the
project team.
<30 RFIs
RFI Responses
Weekly RFI Log
Resident
Engineer
4 AS-BUILT DRAWINGS
Record
Drawings
The WEBB inspector will review the
Contractor’s as-builts prior to processing
monthly progress pay estimates each
month. All City approved changes will
be documented throughout the project.

The inspector will also maintain a set
of as-built drawings on which the
approved changes are noted.

Monthly
Final Review
Monthly Review
Letter
Recommending
Acceptance of
Contractor
As-Builts
Inspector
5 CHANGE ORDERS
Change Order
Request
Review
WEBB will review all change order
requests from the Contractor and
make recommendations for approval,
rejection, or revision to the City based
on the plans and specifications. WEBB
will negotiate with the Contractor on
the Owner’s behalf.
<20 Change
Order Requests
Change
Order Log
Memo to City
Construction Manager

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1981 of 2161 16 Task Description of WEBB’s Scope Schedule/
Frequency Deliverables PersonResponsible
T&M Tracking
All extra work will be documented on
the observation reports. WEBB will
document man hours and equipment
hours associated with all extra work.

Force Account extra work reports and
potential claim reports, including costs,
will be reviewed and assessed by the
Construction Manager to determine if a
change order is warranted.

T&M Packages Review and
Comment
Resident
Engineer
Change Order
Description and
Justification
WEBB will prepare the change order
documentation including a detailed
description of the work and justification
of why it is determined to be a change
to the contract.

Change Orders Change Order Documents
Construction
Manager
Time Extension
Review
When a time extension is requested,
WEBB will review the schedule and
impact to the project’s critical path. The
project owns the float so only impacts
to the critical path will be considered for
time extensions.

Requests Memo to City Construction
Manager
6 CONSTRUCTION OBSERVATION
Field
Observation
WEBB’s experienced inspection team
will ensure the City receives the quality
project it deserves. The Inspector will
review items such as Permits, SWPPP,
deliveries, plans and specs, schedule
special inspections, and communicate
with the CM daily.

Daily Observation Reports document
the hours on the job site, weather
conditions, any visitors on the job
site, daily activities, decisions, and
observations. WEBB will use EVMWD’s
observation report form. The inspectors
will fill out the reports throughout the
day and will be equipped with an iPad
and iPhone. Daily project photos are
attached to the daily reports. Reports
will be distributed to the project team
by the inspector.

WEBB inspectors have continued
education in OSHA, Confined Space,
Traffic Control, Asbestos, and general
construction safety practices. All
excavations will be monitored to verify
that the work site is secured before
leaving each day (WEBB provides a
Team environment with monthly safety
meetings and training).
1,120
Inspection
Hours
*Shared
inspection
hours with Civic
Center and
Sports Park
Daily Reports
Photos
Notice of NonCompliance
Additional
Inspection Notice
Inspector

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1982 of 2161 17 Task Description of WEBB’s Scope Schedule/
Frequency Deliverables PersonResponsible
7 SCHEDULES
Project
Schedule
Management
Review the Contractor’s CPM schedule
to minimize resequencing of critical
activities and facilitate an open
discussion on resource loading (labor
and equipment) and activity durations
(planned daily production). WEBB will
also ensure that the schedule allows
time for activities such as survey,
potholing, materials submittals, longlead items, and acquiring all permits.

Compare baseline schedule to activities
on the 3-week lookahead and updated
schedules and evaluate progress.

Baseline
Schedule
10 Monthly
Schedule
Updates
30 3 Week
Look-Aheads
Submittal Response
Discussion at
Project Meeting
Construction
Manager
8 MATERIALS AND EQUIPMENT TESTING CONSULTANTS
Observation
and Testing
Part-time observation and testing
during backfill of demolished areas,
flatwork and roadway subgrade,
aggregate base, and masonry
inspection; and full time observation
and testing during trench backfill, PCC
inspection, and paving.
645 Hours Daily Report Smith-Emery
Laboratory
Testing
Laboratory soil and materials testing
for optimum moisture and maximum
density, Hveem density for asphalt,
compliance testing for aggregate base
and asphalt, PCC compression and
mortar and grout compression testing.

As Needed Test Report Smith-Emery
Project Support
Professional project support for quality
control, response to RFIs, professional
input as needed in the field during
construction operations, scheduling,
and project management.

As Needed Response Memo Smith-Emery
Certification
Letters
Prepare letter reports as needed
throughout the construction process to
obtain building permits and a final
report of geotechnical observation,
concrete sampling, masonry inspection,
and materials testing services.

The report will include a summary of
the inspection activities and materials
testing, any deviations from
project requirements, and laboratory
test data.

As Needed Letter Report Smith-Emery

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1983 of 2161 18 Task Description of WEBB’s Scope Schedule/
Frequency Deliverables PersonResponsible
9 PAY REQUESTS
Progress
Payment
Review
WEBB inspectors will document all
activities on the project, prepare
necessary calculations, records, and
reports. They will compare cumulative
work quantities against award quantities
and investigate any discrepancies. They
will verify and document quantities with
the Contractor prior to submitting the
monthly progress pay estimate to the
Construction Manager for processing
in the format required by the City.

WEBB will confirm accuracy of
quantities and dollar values and confirm
the Contractor is current on certified
payroll, as-built updates, and project
schedule updates.
10 Monthly Pay
Applications
Recommendation
for Payment
Monthly Payment
Summary
Construction
Manager
Weekly Working
Day Statements
The Weekly Statement of Working
Days is a great tool to communicate
the counted days and time remaining
on the project. WEBB uses a standard
Caltrans template and will account for
delays, weather days, change orders,
and Contractor idle time.

Weekly Weekly Statement Resident
Engineer
Contract
Compliance
WEBB understands that the contract
shall be followed and will administer
the contract fairly to ensure all parties
are meeting their obligations. Review
includes submittals, turnaround times,
material used, pay request procedures,
quality control, and reporting.

Continuous Monthly Reports Construction
Manager
10 PROJECT CLOSEOUT
Punchlist
WEBB’s inspector will keep an ongoing project punchlist and prepare a final punchlist. The punchlist will be
reviewed by the CM team. The City will
be included in the punchlist walks and
all comments will be included on the
punchlist. The Notice of Completion will
not be issued until punchlist items are
addressed.

Final Month
Preliminary
Punchlist
Final Punchlist
Inspector
Warranties
All warranties will be summarized
for City Staff. WEBB will document
warranty start days and durations.

Final Month
Submittal
Response
Warranty Log
Resident
Engineer
Substantial
Completion
Once all required documents have been
submitted and the work is complete,
the notice of substantial completion will
be issued.

Final Month Letter Construction
Manager
Preparation of
As-Built
Drawings
Coordinate with the Engineer for
complete and accurate record drawings
in CAD and PDF format.

Final Month PDF and CAD
Record Drawings
Resident
Engineer

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1984 of 2161 19 Task Description of WEBB’s Scope Schedule/
Frequency Deliverables PersonResponsible
Notice of
Completion
Prepare the Notice of Completion and
submit to the City to be executed and
filed.

Final Month Notice of
Completion
Construction
Manager
Construction
Documentation
A comprehensive electronic notebook
of project documentation will be
submitted to the City.

Final Month Electronic
Notebook
Resident
Engineer
Project
Completion
Report
A final report, similar to the monthly
reports, will be submitted to the City.

WEBB will include suggestions for
future projects and lessons learned.

Final Month 1 Report Construction
Manager
Project
Report
A final summary report will be submitted
to close the project. Final Month 1 Report Principalin-Charge 11 PUBLIC OUTREACH
Information
Materials
Prepare and distribute information
materials for the public including
outreach flyers and mailers. Consultant
shall provide a boundary map
and EVMWD will provide an Excel
spreadsheet of mailing addresses.

Periodic
1 Fact Sheet
3 Letters
Burke Rix
Construction
Hotline
Establish and manage a construction
hotline and email address for
stakeholders, residents, and interested
parties to call with construction issues
and concerns. Log calls and provide
monthly reports to EVMWD on efforts.

Ongoing
Phone Line and
Email Address
Log
Burke Rix
Construction
Signage
Consultant shall design and produce
two construction signs. Consultant shall
provide a prototype of the project sign
to the City for review and acceptance
before production. Construction
Contractor will be responsible for sign
installation at the project site.

Prior to
construction
Contractor Installed
Signs Burke Rix
Social Media
Develop social media postings and
monthly project updates for EVMWD’s
website.

Periodic 6 Updates Burke Rix
Public
Complaints
Document and investigate public
complaints. Consultant shall advise
EVMWD of concerns and findings.

Consultant shall assist EVMWD with
the complaints as needed.

Ongoing Communication with
Public Burke Rix
Service
Interruptions
Consultant shall assist the Contractor
and EVMWD in advising the public of
service interruptions.

As-Needed Notifications Burke Rix

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1985 of 2161 20 12 ENVIRONMENTAL MONITORING
BIO-1, BIO-2,
and BIO-3
Burrowing Owl: First Preconstruction
burrowing owl survey 14-30 days prior
to ground disturbing activities, second
survey done 24 hours prior to ground
disturbance.

Roosting Bat: Pre-construction survey
between February 1 and August 31
7-14 days prior to palm tree removal.
<2 surveys
1 survey
1 survey
1 report/survey
1 report/survey
1 report/survey
South
Environmental
GEO-1
Prior to construction – prepare
Paleontological Resource Impact
Mitigation Plan (PRIMP)
During Construction – Paleontological
monitoring during disturbance of
native soils whilst grading and utility
trenching
Within 60 days after construction –
Paleontological Monitoring Report
1 PRIMP
<80 working
days (4 hours)
of on-site
monitoring by
the paleontologist
1 Report
2 Drafts, 1 Final
Daily Reports
2 Drafts, 1 Final
South
Environmental
South
Environmental
South
Environmental
13 CONTRUCTION STAKING AND SURVEY
Survey
Control
Survey Control Provide horizontal and vertical
survey control points throughout the progress of the
project including the setting of project Benchmarks.

Survey Control will be sufficiently marked and will be
preserved and protected.
<3 mobilizations Cut Sheets WEBB
Construction
Staking
Construction staking at regular intervals for roadway
excavation, grading, and curb, drainage, waterline,
and dry utilities
<35 mobilizations
1 set of stakes
Cut Sheets WEBB
Street
Certifications
Field survey street subgrade elevations, review and
verify existing subgrade elevations, and provide
letter certifying sub-grade is constructed per plan.

Any locations that are not able to be certified will be provided to the contractor and subject to additional
cost for re-certification.

Field survey street base elevations, review and verify
existing base elevations, and provide letter certifying the placement of base material is in accordance with
the approved street section. Any locations that are not able to be certified will be provided to the contractor and subject to additional cost for re-certification.
<13 mobilizations Cert Letters WEBB
Pre and
PostConstruction
Corner
Records
Prepare ties to existing survey monuments of record
which may be lost due to new construction.

Prepare and file with Riverside County Surveyor’s
Office, Pre-Construction Corner Records required
in association with preserving and replacing any
destroyed survey monuments as required per the
California Land Surveyors Act.

Following construction completion, replace survey
monuments destroyed by construction utilizing the
pre-construction ties and corner records.
<2 mobilizations Corner
Records WEBB

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1986 of 2161 IND-PSA rev20220901
Exhibit B – Compensation
Page | 1
EXHIBIT “B”

COMPENSATION

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1987 of 2161 Item Description
Principal-in-Charge Construction Manager Assistant Construction Manager Project Coordinator Inspector 2-Man Survey Crew Survey Coordination Total HoursSubtotal - LaborSub-consultant budgetExpenses Total/task
1 Billout Rate $ 302 $ 259 $ 189 $ 135 $ 152 $ 314 $ 250 Task 1 - CONSTRUCTION MANAGEMENT 80 460 415 195 1150 $ 248,060 $ 80,500 $ 5,000 $ 333,400 Task 2 - INSPECTION 1120 1120 $ 170,240 $ - $ 18,000 $ 188,200 Task 3 - MATERIAL TESTING $ - $ 92,000 $ - $ 92,000
Task 4 - ENVIRONMENTAL MONITORING $ - $ 132,250 $ - $ 132,300 Task 5 - CONSTRUCTION STAKING AND SURVEY 300 340 640 $ 179,200 $ - $ - $ 179,200 80 460 415 195 1120 300 340 2910 $ 597,500 $ 304,750 $ 23,000 $ 925,100

1. Rounded to the nearest $100.

Total
City of Indio
Jackson Street Improvement Phase 1
Construction Management and Inspection
J:\FORMAL PROPOSALS\City of Indio\20240236 - Jackson Street Improvement Project Phase I\Working Folder\20-0236 Indio Jackson PH1 - Manhour Estimate by Phase 5/1/202410:44 AM

IND-PSA rev20220901
Addendum 1 - Insurance
Page | 1
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 coverages

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1989 of 2161 IND-PSA rev20220901
Addendum 1 - Insurance
Page | 2
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 endorsed to

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1990 of 2161 IND-PSA rev20220901
Addendum 1 - Insurance
Page | 3
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.

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1991 of 2161 IND-PSA rev20220901
Addendum 2 – Federal Funds
Page | 1
ADDENDUM “2"

FEDERAL FUNDS
Any Task Order using Federal Funds shall include a copy of the latest approved federal requirements and wage rates at the time of the issuance of a Notice to Proceed for that task.

Agreement with Albert A. Webb Associates in an amount not-to-exceed $925... Page 1992 of 2161 City of Indio
City Council
June 5, 2024

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Approval of Final Parcel Map for Enoc Cota and Maria Elena Cota, Parcel Map No. 38238, generally located north of Avenue 38 and west of Dune Palms Road
RECOMMENDATION:

Find that the Final Parcel Map conforms to all applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance; approve the Final Parcel Map for Enoc Cota and Maria Elena Cota, Parcel Map No. 38238, generally located north of Avenue 38 and west of Dune Palms Road; and authorize the City Clerk to attest the approved Parcel Map upon completion of any technical corrections required by the City Engineer.

SUMMARY:

The proposed subdivision for Parcel Map No. 38238, generally located north of Avenue 38 and west of Dune Palms Road, consists of a 5.9-acre parcel that will be subdivided into four (4) parcels. All the required improvements are in, therefore there is no need for a Subdivision Improvement Agreement and bonds.

BACKGROUND INFORMATION:

On March 2, 2022, the City Council approved Tentative Parcel Map No. 38238 and set certain conditions for the site improvements. All the required improvements are in, therefore there is no need for a Subdivision Improvement Agreement and bonds.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
Source of funds: N/A Fund-Org-Object
Reference:

N/A
Additional Financial Details:

Parcel Map No. 38238 will be annexed into Community Facilities District 2004-1 for Police, Fire, and Paramedic Services.

AGENDA ITEM #8.18
Approval of Final Parcel Map for Enoc Cota and Maria Elena Cota, Parcel ... Page 1993 of 2161 ATTACHMENTS:

Attachment 1 - Vicinity Map
APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 23 May 2024 Jennifer A. Mizrahi, Assistant City Attorney Approved - 28 May 2024 Alan Garcia, Accountant Approved - 28 May 2024
Bryan H. Montgomery, City Manager Approved - 29 May 2024

Approval of Final Parcel Map for Enoc Cota and Maria Elena Cota, Parcel ... Page 1994 of 2161 ATTACHMENT 1

VICINITY MAP

Approval of Final Parcel Map for Enoc Cota and Maria Elena Cota, Parcel ... Page 1995 of 2161

Approval of Final Parcel Map for Enoc Cota and Maria Elena Cota, Parcel ... Page 1996 of 2161 City of Indio
City Council
June 5, 2024

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Steven Graham Pacifico, City Attorney
Subject: Ordinance No. 1812, Amending Chapter 31 of the Indio Municipal Code Related to the Duties and Responsibilities of the Elected City Clerk and Elected City Treasurer
RECOMMENDATION:

It is respectfully recommended that the City Council: Introduce by Title Only and Waive Full Reading of Ordinance No. 1812 and Direct the City Clerk to Place the Ordinance on the Next Regular Meeting Agenda’s Consent Calendar for Second Reading and Adoption.

SUMMARY:

Ordinance No. 1812 amends Chapter 31 of the Indio Municipal Code to delineate the duties and responsibilities of the Elected City Clerk and City Treasurer. The ordinance aims to ensure clarity and efficiency in the execution of city functions while maintaining high standards of accountability and transparency.

BACKGROUND INFORMATION:

The ordinance recognizes the importance of effective management of public funds, the administration of public records and elections and the critical role the positions of Elected City Treasurer and Elected City Clerk play in maintaining public trust and accountability in city governance. However, the ordinance also recognizes that the complexities of modern financial management, records administration, and election management require specialized knowledge and expertise, typically provided by professional staff.

The proposed ordinance seeks to clarify the division of responsibilities between the Elected City Clerk and Elected City Treasurer and professional staff, the same division of responsibilities which already exists for the Elected City Councilmember positions, to ensure efficient, accurate, and legally compliant city operations. The ordinance emphasizes the oversight role of the elected officials, while delegating detailed operational tasks to professional staff.

Key provisions of the ordinance include:

1. Elected City Clerk Duties and Responsibilities (Section 31.26):
o The Elected City Clerk role is part-time, without a dedicated office or staff. o Day-to-day activities are managed in partnership with city staff, particularly the City Manager, and his or her designee, such as the Director of City Clerk Services.

AGENDA ITEM #9.1
Ordinance No. 1812 , Amending Chapter 31 of the Indio Municipal Code Rel... Page 1997 of 2161 o The City Manager, or his or her designee, handles the city's records management system and duties assigned under the municipal code, except where state law requires action by the City Clerk.

2. Elected City Treasurer Duties and Responsibilities (Section 31.36):
o The Elected City Treasurer role is part-time, without a dedicated office or staff. o Daily activities are managed in collaboration with city staff, particularly the City Manager, and his or her designee, such as the Director of Finance. o The City Manager, or his or her designee oversees professional, supervisorial, administrative, and technical accounting functions necessary to maintain financial records and systems, except where state law requires action by the City Treasurer. o The City Council retains authority to invest or reinvest city funds, which may be delegated to the City Treasurer or another designated individual as per Government Code § 53601.

ATTACHMENTS:

Attachment 1 - Ordinance No. 1812 - City Treasurer and City Clerk revised APPROVAL(S):

Sabdi Sanchez, City Clerk Administrator Approved - 29 May 2024 Bryan H. Montgomery, City Manager Approved - 30 May 2024 Rob Rockwell, Assistant City Manager Approved - 30 May 2024

Ordinance No. 1812 , Amending Chapter 31 of the Indio Municipal Code Rel... Page 1998 of 2161 1 ORDINANCE NO. 1812

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, AMENDING CHAPTER 31 OF THE INDIO MUNICIPAL

CODE RELATED TO THE DUTIES AND RESPONSIBILITIES OF THE

ELECTED CITY CLERK AND ELECTED CITY TREASURER
WHEREAS, the City Council of the City of Indio values the importance of transparent and effective management of public funds, the administration of public records and elections; and
WHEREAS, the elected positions of City Treasurer and City Clerk are integral to maintaining the trust and accountability of the city government to its residents; and WHEREAS, the complexities of daily financial management, records administration, and elections management require specialized knowledge and expertise that are best provided by professional staff with relevant training and experience; and WHEREAS, professional staff, including the City Manager, and his or her designee, such as the Director of Finance and Director of City Clerk Services are equipped to handle the detailed and technical aspects of these functions, ensuring efficiency, accuracy, and compliance with all legal requirements; and WHEREAS, the role of the elected City Treasurer and City Clerk is to provide high-level oversight and review of these functions, ensuring that policies and procedures are properly implemented and that the city is operating in a manner that is transparent and accountable; and
WHEREAS, the elected City Treasurer and City Clerk, similar to City Councilmembers, provide strategic direction, oversight, and governance, relying on the expertise and support of professional staff to execute day-to-day operations; and WHEREAS, just as City Councilmembers set policies and priorities for the city, while city staff implements these policies, the elected City Treasurer and City Clerk have a similar relationship with the City’s professional staff; and WHEREAS, the elected officials are accountable to the residents of Indio and are responsible for ensuring that the city’s financial and administrative operations reflect the highest standards of integrity and public service; and
WHEREAS, this ordinance aims to clarify the division of responsibilities between elected officials and professional staff, ensuring that the city benefits from both expert administration and accountable governance.
///

Ordinance No. 1812 , Amending Chapter 31 of the Indio Municipal Code Rel... Page 1999 of 2161 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings.

The City findings stated above are hereby incorporated into the operative portion of this ordinance as though set forth in full.

Section 2. Municipal Code Amendment
(a) Section 31.26 of the Indio Municipal Code is hereby added to read as follows:

31.26 Elected City Clerk Duties and Responsibilities.

The elected City Clerk position is not full time, does not include a dedicated office or staff, and access to the city's computer network is restricted to ensure network security. Accordingly, day-to-day activity of the city clerk is accomplished working in partnership with city staff, in particular the city manager, and his or her designee, such as the Director of City Clerk Services, while providing appropriate high-level review of the actions taken in support of the City Clerk function by the abovementioned individuals. The City Manager, and his or her designee, shall be principally responsible for maintaining the city's records management system and carrying out those duties assigned to the City Clerk under this code, unless a duty is otherwise required to be performed by the City Clerk under state law.
(b) Sections 31.36 of the Indio Municipal Code is hereby added to read as follows:

31.36 City Treasurer Duties and Responsibilities.
(A) The City Treasurer position is not full time, does not include a dedicated office or staff, and access to the city's computer network is restricted to ensure network security. Accordingly, day-to-day activity of the City Treasurer is accomplished working in partnership with city staff, in particular the City Manager, and his or her designee, such as Director of Finance, while providing appropriate high-level review of the actions taken in support of the city treasurer function by the abovementioned individuals.

The City Manager, or his or her designee, shall be principally responsible for the professional, supervisorial, administrative and technical accounting and finance functions necessary to maintain the accounting and financial records and systems and carrying out those duties assigned to the city treasurer under this code, unless a duty is otherwise required to be performed by the City Treasurer under state law.
(B) Pursuant to Government Code § 53601, the City Council has the authority to invest or reinvest city funds. This authority may be delegated

Ordinance No. 1812 , Amending Chapter 31 of the Indio Municipal Code Rel... Page 2000 of 2161 1 to the City Treasurer, or such other person as determined by the City Council.

Section 3. Severability
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 4. Publication
The City Clerk is authorized and directed to cause this Ordinance to be published as required by law.

Section 5. Adoption and Effective Date
This Ordinance shall be introduced at a regular meeting and adopted at a regular meeting at least seven days after introduction. The Ordinance shall be effective upon the thirty-first day following adoption.

PASSED, APPROVED and ADOPTED this 5th day of June 2024. ___________________________

LUPE RAMOS AMITH
MAYOR
ATTEST:
__________________________

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

Ordinance No. 1812 , Amending Chapter 31 of the Indio Municipal Code Rel... Page 2001 of 2161 City of Indio
City Council
June 5, 2024

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Public hearing to approve the conduction of a special election, adopt Resolution No.10442 Determining the Validity of Prior Proceedings, adopt Resolution No.10443 Calling a Special Election, adopt Resolution No.10444 Canvassing the Results of the Election, and approve a budget adjustment relating to the annexation of Annexation Area No. 85 to CFD No. 2004-1 (Parcel Map No. 38238, Enoc Cota and Maria Elena Cota, generally located north of Avenue 38 and west of Dune Palms Road)
RECOMMENDATION:

That the City Council open the Public Hearing to approve the conducting of a special election, adopt Resolution No. 10442 Determining the Validity of Prior Proceedings, adopt Resolution No. 10443 Calling a Special Election, adopt Resolution No. 10444 Canvassing the Results of the Election, and approve a budget adjustment relating to the annexation of Annexation Area No. 85 to CFD No. 2004-1 (Parcel Map No. 38238, Enoc Cota and Maria Elena Cota, generally located north of Avenue 38 and west of Dune Palms Road).

SUMMARY:

On May 19, 2004, the City Council adopted a Resolution of Intention establishing Community Facilities District No. 2004-1 (CFD) for funding a portion of the costs of law enforcement, fire and paramedic services incurred as a result of new development within the City. On July 21, 2004, the City Council established the CFD and also adopted a rate and method of apportionment to levy the special tax on all new residential development, within the CFD, of four or more homes. The tax is applicable upon the issuance of building permits on or after May 1, 2004. Annexation of each CFD is typically included as a mitigation measure for new residential development within the City. At the May, 1, 2024 City Council meeting, the Council approved Resolution No. 10436, Intention to annex Annexation Area No. 85 into the CFD and set June 5, 2024 as the date for the public hearing, consideration of the adoption of a Resolution Determining the Validity of Prior Proceedings, a Resolution Calling a Special Election, holding the election, a Resolution Canvassing the Results of the Election, and approve a budget adjustment relating to the Annexation of Annexation Area No.

85. BACKGROUND INFORMATION:

The CFD area boundaries and parcels of land in which services are to be provided and on which special taxes will be levied to pay costs and expenses are shown on the attached boundary map (see Attachment “4”), Annexation Map No. 85. Upon the petition of property owners, the City will annex new subdivision developments into the CFD. The owners of the property within the AGENDA ITEM #10.1
Public hearing to approve the conduction of a special election: (1) adop... Page 2002 of 2161 boundaries of Annexation Map No. 85, Enoc Cota and Maria Elena Cota, have filed a petition with the City Clerk requesting the City to include such property in the CFD.

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

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

Annexation proceedings (Article 3.5 of the Act) follow similar procedures.

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

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$10,408 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:

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

N/A
Additional Financial Details:

The cost for the annexation is approximately $3,000 in consulting fees and $7,408 for Administrative Costs. Enoc Cota and Maria Elena Cota have paid $10,408 to cover these costs. There will be no cost impact to the General Fund.

There are 4 units contained within this annexation. The Fiscal Year 2023-24 rate is $524.45 per unit, subject to annual rate adjustments of two (2) percent. Collection begins in the fiscal year after the building permit is issued. The annual collection will be based on the number of building permits issued prior to June 30 of the prior fiscal year but could ultimately generate more than $2,100.00 annually to help cover local public safety costs.

ATTACHMENTS:

Attachment 1 - Resolution No. 10442
Attachment 2 - Resolution No. 10443
Attachment 3 - Resolution No. 10444
Attachment 4 - Annexation Map No. 85
APPROVAL(S):

Public hearing to approve the conduction of a special election: (1) adop... Page 2003 of 2161 Timothy Wassil, Public Works Director Approved - 29 May 2024 Jennifer A. Mizrahi, Assistant City Attorney Approved - 29 May 2024 Ruby D. Walla, Director of Finance Approved - 29 May 2024 Bryan H. Montgomery, City Manager Approved - 30 May 2024

Public hearing to approve the conduction of a special election: (1) adop... Page 2004 of 2161 56387408.2
ATTACHMENT 1
RESOLUTION NO. 10442

DETERMINING THE VALIDITY OF PRIOR

PROCEEDINGS

Public hearing to approve the conduction of a special election: (1) adop... Page 2005 of 2161 56387408.2 2
RESOLUTION NO. 10442

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

CALIFORNIA DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS

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

FIRE AND PARAMEDIC SERVICES)
WHEREAS, the City Council (the “Council”) of the City of Indio, California (the “City”), has heretofore adopted Resolution No. 10436 stating its intention to annex certain properties, consisting of (Parcel Map No. 38238) (“Annexation Area No. 85”), into City of Indio Community Facilities District No. 2004-1 (Law Enforcement, Fire and Paramedic Services) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the “Act”); and
WHEREAS, a copy of Resolution No. 10436 incorporating a description and map of the proposed boundaries of Annexation Area No. 85 and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 85, which will be used to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 85 prior to the annexation of Annexation Area No. 85 to the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 85, are on file with the City Clerk and incorporated herein by reference; and
WHEREAS, Resolution No. 10436 set June 5, 2024 as the date of the public hearing on the annexation of Annexation Area No. 85 to the District and this Council held the said public hearing as required by law; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 85 to the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to the Council on said matters before it, and this Council at the conclusion of said hearings is fully advised in the premises;

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

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

Section 2. Annexation Area No. 85 is hereby annexed into the District.

Public hearing to approve the conduction of a special election: (1) adop... Page 2006 of 2161 56387408.2 3
Section 3. The description and map of the boundaries of Annexation Area No. 85 on file in the City Clerk’s office and as described in said Resolution No. 10436 and incorporated herein by reference, shall be the boundaries of Annexation Area No. 85. The map of the proposed boundaries of Annexation Area No. 85 has been recorded in the Office of the County Recorder of Riverside County, California in Book 93, Page 20 of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number 2024-0149898).

Section 4. Except where funds are otherwise available, there shall be levied annually in accordance with procedures contained in the Act, a special tax sufficient to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 85 prior to the annexation thereof to the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 85. The rate and method of apportionment of the special tax and manner of collection is described in detail in Exhibit “A” attached hereto and incorporated herein by this reference. The special tax shall be utilized to pay for authorized services.

Section 5. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all real property in Annexation Area No. 85 and this lien shall continue in force and effect until the special tax obligation is canceled in accordance with law or until collection of the tax by the City ceases.

Section 6. The Council finds that the proposed public services are necessary to meet the increased demand put upon the City as a result of the development within Annexation Area No. 85.

Section 7. The Council finds that there is not an ad valorem property tax currently being levied on property within Annexation Area No. 85 for the exclusive purpose of financing law enforcement, fire and paramedic services.

Section 8. Written protests against annexation of Annexation Area No. 85, or against the furnishing of specified services or facilities or the levying of a specified special tax within Annexation Area No. 85, have not been filed by fifty percent (50%) or more of the registered voters or property owners of one-half (1/2) or more of the area of land within Annexation Area No. 85.

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

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

Public hearing to approve the conduction of a special election: (1) adop... Page 2007 of 2161 56387408.2 4
PASSED, APPROVED and ADOPTED this 5
th day of June, 2024.

LUPE RAMOS AMITH, MAYOR
ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK
APPROVE AS TO FORM:

STEVEN GRAHAM, CITY ATTORNEY

Public hearing to approve the conduction of a special election: (1) adop... Page 2008 of 2161 56387408.2

EXHIBIT A

RATE AND METHOD OF APPORTIONMENT

OF SPECIAL TAX

Public hearing to approve the conduction of a special election: (1) adop... Page 2009 of 2161 56387408.2

RATE AND METHOD OF APPORTIONMENT FOR
CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004-1
(LAW ENFORCEMENT, FIRE and PARAMEDIC SERVICES)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in Community Facilities District No. 2004-1 of the City of Indio (“CFD No. 2004-1”) and collected each Fiscal Year commencing in Fiscal Year 2004-05, in an amount determined by the City Council of the City of Indio, through the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 2004-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

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

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

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

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

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

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

C. MAXIMUM SPECIAL TAX

1. Developed Single-Family Residential Property
a. Maximum Special Tax - The 2004-05 Maximum Special Tax for each Assessor’s Parcel classified as Developed Single-Family Residential Property shall be $360.
b. Increase in the Maximum Special Tax - On each. July 1, commencing on July 1, 2005. The Maximum Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.

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2. Developed Multi-Family Residential Property
a. Maximum Special Tax - The 2004-05 Maximum Special Tax for each Assessor’s Parcel classified as Developed Multi-Family Residential Property shall be $360 multiplied by the number of separate dwelling units applicable to such Assessor’s Parcel.
b. Increase in the Maximum Special Tax - On each July 1, commencing on July 1. 2005. The Maximum Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2004-05 and for each following Fiscal Year, the City Council shall levy the Special Tax at the Maximum Special Tax on all Developed Single-Family Residential Property and Developed Multi-Family Residential Property.

E. EXEMPTIONS; EXCLUSIONS
No Special Tax shall be levied on Undeveloped Property, Commercial or Industrial Property or for Developed Property developed as part of a development with less than 4 units. In the event that a Developed Multi-Family Residential Property that has been excluded from a levy of the Special Tax by reason of the payment by the property owner of Transient Occupancy Tax, and should that payment be terminated, such Assessor Parcel shall not longer be excluded from Developed Multi-Family Residential Property and will be subject to the Special Tax.

F. APPEALS AND INTERPRETATIONS
Any taxpayer may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the calculation of the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Board by filing a written notice of appeal with the Board Secretary. Provided that the appellant is current in his/her payments of Special Taxes. The- second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.

G. MANNER OF COLLECTION

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The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2004-1 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

H. PREPAYMENT OF THE SPECIAL TAX
The Special Tax may not be prepaid.

I. TERM OF THE SPECIAL TAX
The Annual Maximum Special Tax shall be levied in perpetuity or until Law Enforcement, Fire and Paramedic Services are no longer being provided by the City within CFD No. 2004-1, whichever is earlier. The Maximum Annual Special Tax shall be reviewed by the City Council at the end of each ten year period.

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ATTACHMENT 2
RESOLUTION NO. 10443

CALLING A SPECIAL ELECTION

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

CALIFORNIA, ACTING ON BEHALF OF CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004-1 (LAW ENFORCEMENT, FIRE AND

PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION
WHEREAS, the City Council (the “Council”) of the City of Indio, California (the “City”), has heretofore adopted Resolution No. 10436 stating its intention to annex certain property, consisting of (Parcel Map No. 38238) (“Annexation Area No. 85), Enoc Cota and Maria Elena Cota, into City of Indio Community Facilities District No. 2004-1 (Law Enforcement, Fire and Paramedic Services) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the “Act”); and
WHEREAS, a copy of Resolution No. 10436 incorporating a description and map of the proposed boundaries of Annexation Area No. 85, and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 85, which will be used to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 85, prior to the annexation of Annexation Area No. 85, to the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 85, are on file with the City Clerk and incorporated herein by reference; and WHEREAS, on June 5, 2024, this Council held a noticed hearing as required by law relative to the proposed annexation of Annexation Area No. 85, into the District; and
WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 85, into the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this Council on said matters before it, and this Council at the conclusion of said hearing was and is fully advised in the premises; and
WHEREAS, this Council adopted its Resolution No. 10442 determining the validity of prior proceedings relating to such annexations; and WHEREAS, the proposed special tax to be levied upon property within Annexation Area No. 85 to finance the above referenced public services has not been precluded by protest of the owners of one-half (1/2) or more of the area of land within Annexation Area No. 85; and
56387411.2

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WHEREAS, this Council wishes to present to the respective qualified electors of Annexation Area No. 85, a proposition to levy special taxes on property within Annexation Area No. 85;

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

Section 1. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of Annexation Area No. 85 a proposition (the “Proposition 85”) to levy special taxes on property within Annexation Area No. 85 in accordance with the rate and method specified in Resolution No. 10436 of the Council.

The form of Official Ballot containing Proposition 85 is attached hereto.

Section 2. A special election is hereby called for Annexation Area No. 85 on the Proposition 85 set forth in Section 1 above.

Section 3. The date of the special elections shall be on the 5 th day of June,
2024. The voter ballots shall be returned to the City Clerk at 100 Civic Center Mall, Indio, California 92201, no later than 5:00 o’clock p.m. on June 5, 2024.

Section 4. The Council finds and determines that there were no registered voters residing within the territory of Annexation Area No. 85 at the time of the protest hearing and ninety (90) days prior thereto. The requirements of Section 53326 of the Government Code having been waived by the sole landowner or sole landowners, the ballot for the special election shall be mailed or hand delivered to the landowner or landowners within Annexation Area No. 85, and the City Council acknowledges that the City Clerk has caused to be delivered to the qualified electors of Annexation Area No. 85 an Official Ballot in the form attached hereto.

Section 5. Annexation Area No. 85 shall constitute a single election precinct for the purpose of holding said election.

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Section 6. The Council hereby directs that the election be conducted by the City Clerk of the City of Indio, as the elections official.

PASSED, APPROVED and ADOPTED this 5
th day of June, 2024.

LUPE RAMOS AMITH, MAYOR
ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK
APPROVED AS TO FORM:

STEVEN GRAHAM, CITY ATTORNEY

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CITY OF INDIO
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)

SPECIAL TAX ELECTION
JUNE 5, 2024

VOTER IDENTIFICATION CERTIFICATION
The undersigned hereby declared under penalty of perjury as follows:

I have been duly authorized to cast ballots on behalf of the landowner as set forth below:

LANDOWNER:

NAME OF VOTER:

ADDRESS OF VOTER:

DATE OF SIGNING:

SIGNATURE:

FAILURE TO COMPLETE THE ABOVE INFORMATION WILL INVALIDATE YOUR BALLOT.

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YES
NO

OFFICIAL BALLOT

CITY OF INDIO
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
ANNEXATION AREA NO. 85
(Parcel Map No. 38238)

SPECIAL TAX ELECTION
JUNE 5, 2024
To vote, mark a cross (+) in the voting square after the word “YES” or after the word “NO.” All marks otherwise made are forbidden.

This ballot is provided to Enoc Cota and Maria Elena Cota, as owners or authorized representative of such sole owner of land within Annexation Area No. 85 of City of Indio Community Facilities District No. 2004-1 (Law Enforcement, Fire and Paramedic Services) and represents 4 votes.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Indio at 100 Civic Center Mall, Indio, California 92201.

PROPOSITION 85: Shall City of Indio Community
Facilities District No. 2004-1 (Law Enforcement, Fire and Paramedic Services) be authorized to levy special
taxes thereof pursuant to the rate and method of
apportionment of special taxes (the “Special Tax Formula”) set forth in Resolution No. 10436 to finance the authorized services, all as provided for in the Special Tax Formula?

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ATTACHMENT 3
RESOLUTION NO. 10444 CANVASSING THE

RESULTS OF THE SPECIAL ELECTION

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RESOLUTION NO. 10444

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, ACTING ON BEHALF OF CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO. 85

ANNEXED TO SAID DISTRICT
WHEREAS, the City Council of the City of Indio, California (the “Council”) has previously conducted proceedings pertaining to the annexation of certain properties, consisting of (Parcel Map No. 38238) (“Annexation Area No. 85”), into the City of Indio!Community Facilities District No. 2004-1 (Law Enforcement, Fire and Paramedic Services) (the “District”), the rate and method of apportionment of a special tax to finance a portion of the cost of providing certain public services, and the calling of an election in regard to the foregoing; and WHEREAS, on June 5, 2024, an election was held within Annexation Area No. 85 regarding the rate and method of apportionment of the proposed special tax; and WHEREAS, at such election the proposal for the rate and method of apportionment and manner of collection of the special tax for each of Annexation Area No. 85 was approved by the qualified electors of Annexation Area No. 85;

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

Section 1. It is hereby determined that the election conducted within Annexation Area No. 85, was duly and validly conducted.

Section 2. The Council, acting as the legislative body of the District, is authorized to levy the special tax on behalf of the District, as specified in Resolution No. 10442 determining the validity of prior proceedings adopted by the City Council on June 5, 2024.

PASSED, APPROVED and ADOPTED this 5
th day of June, 2024.

LUPE RAMOS AMITH, MAYOR
ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK

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APPROVE AS TO FORM:

STEVEN GRAHAM, CITY ATTORNEY

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ATTACHMENT 4
ANNEXATION MAP NO. 85

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City Council
June 5, 2024

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Community Input for the preparation of the City's Consolidated Plan FY 2024-2029, Annual Action Plan FY 2024-2025
RECOMMENDATION:

Conduct the first of two (2) Public Hearings to solicit City Council and community input necessary for the preparation of the City's Consolidated Plan, Annual Action Plan, and other Entitlement Documents needed for the City to retain its designation as an entitlement community from the U.S.

Department of Housing & Urban Development (HUD).

SUMMARY:

The City is eligible to reapply for an Entitlement Community Designation from HUD. If approved, the designation would allow the City to receive a direct allocation of CDBG Funds over the next 5-year period (starting in FY24/25) to address various housing and community development needs. As part of the application process, the City must prepare and submit to HUD a 5-year Consolidated Plan, an Annual Action Plan, and other application documents, including, but not limited to, an analysis of impediments to Fair Housing Choice and a Citizen Participation Plan. This public hearing solicits input from the City Council and the community to assess and prioritize community needs. The City has also conducted community meetings, surveys, and focus group meetings with public social services. At the second public hearing on Jul 17, 2024, Staff will present a final version of the application documents for approval. The final version will include information on community needs and establish goals and objectives for using CDBG funding over the next five years.

BACKGROUND INFORMATION:

The Community Development Block Grant (CDBG) Program is authorized under Title I of the Housing and Community Development Act of 1974, as amended. The primary objective of this Act is to provide for the development of viable urban communities through the achievement of decent housing, a suitable living environment, and expanded economic opportunities, principally for persons of low and moderate-income. States, Counties, and Cities with populations of over 50,000 are eligible to receive funding if designated by HUD as an entitlement community.

The City has received an entitlement community designation since 2009 (representing three 5-year periods). In order to retain its designation as an entitlement community, the City must reapply to receive the designation by preparing and adopting a five-year Consolidated Plan and a yearly Annual Action Plan that must be submitted to HUD for approval. The Consolidated Plan is a strategic plan that prioritizes goals based on identified community needs. It also identifies resources and determines how the needs will be addressed and the goals met.

AGENDA ITEM #10.2
Community Input for the preparation of the City's Consolidated Plan FY 2... Page 2025 of 2161 The Annual Action Plan, which corresponds to each of the five years represented by the Consolidated Plan, must describe the proposed activities to be undertaken during the program year to achieve the goals. However, it is generally understood by HUD that as communities identify goals and priorities as part of the preparation of the Consolidated Plan and Annual Action Plan, there may be other more considerable efforts or discussions that are being held on a regional level to address issues such as homelessness, economic development, and affordable housing. Because these efforts may require a longer-term coordinated effort/solution, the 5-year term of the Consolidated Plan allows for flexibility so that programs and activities that may not be funded in the early years of the Consolidated Plan (such as year 1 or 2) can be implemented in future years. This flexibility allows entitlement communities to make programmatic/funding decisions while considering the changing circumstances. It is possible that changing direction or priorities during the term of the fiveyear Consolidated Plan results in updating the goals and programs. If needed, amendments may be made to the Consolidated Plan and Action Plans following a prescribed process known as a Substantial Amendment Process. This process allows communities to adjust their goals and programs to address emerging needs.

As an entitlement community, the City must also prepare and submit a Citizen Participation Plan and Analysis of Impediments (AI) to Fair Housing Choice. The Citizen Participation Plan outlines the City's plan for outreach to low-to-moderate-income residents, non-English speakers, and individuals with disabilities. The AI analyzes factors and conditions that may impede residents' access to discrimination-free housing. The AI identifies activities the City would need to implement to address identified concerns.

Citizen Participation and Low/Mod-Income Resident Input At the time of the publication of this staff report, staff held two community meetings on April 17, 2024, and April 24, 2024. City staff, along with the assistance of the City’s consultant, Dudek, promoted these meetings through a dedicated Consolidated Plan Update project page, dissemination of flyers at public counters, and at local events such as Food Truck Fridays and the Farmers Market. City staff also promoted through direct marketing to parents/guardians of students via the Desert Sands Unified School District's PeachJar communication platform and physical mailers sent to addresses located within the CDBG-eligible areas. City staff provided all correspondence in English and Spanish.

Additionally, as of the date of this staff report, staff received nearly 300 responses for the Community Needs Survey conducted in English and Spanish. The City marketed and conducted the survey from April 1, 2024, to May 6, 2024, through the same methods mentioned above.

The Survey asked the respondents to rank specific program needs within the general program functional area (e.g., Housing, Public Infrastructure, Neighborhood Services, Public Social Services, Economic Development, Community Facilities, and Special Needs) by perceived need (e.g., High Need, Medium Need, Low Need, or No Concern).

Staff also held a focus group meeting on April 15, 2024, with local stakeholders/agencies representing the Coachella Valley Rescue Mission (CVRM), Coachella Valley Housing Coalition (CVHC), Coachella Valley Association of Governments (CVAG), Lift to Rise, and Inland Fair Housing and Mediation Board. Other social services agencies, such as the County's Housing & Workforce Solutions, Martha's Village, Greater Coachella Valley Chamber of Commerce, and Find Food Bank, were invited but could not attend. Additional consultation by staff from various City Departments/Divisions included the City Manager's Office, the Community Development Department, the Public Works Department/Engineering, the Economic Development Department,

Community Input for the preparation of the City's Consolidated Plan FY 2... Page 2026 of 2161 and the Community Services Division (Teen Center and Senior Center). Departments were assigned to assess their program needs and submit ideal projects for funding consideration. Based on the input received through the public participation process and consultation with the City Departments, staff has prepared the attached list of potential projects/activities to fund in FY 24/25.

As of the date of this staff report, HUD has yet to announce the amount of funding that may be available for the next Annual Action Plan period. However, for initial planning and discussions, staff is proceeding with HUD's recommendation that the City assume that next year's funding will be similar to the amount received during the current fiscal year (FY23/24), that was $876,226.00. This figure may change when a final funding recommendation is presented to the City Council in July 2024.

Please note that the additional input received over the next several weeks from the City Council and City Manager will help finalize the application to HUD. The City Council will have the opportunity to consider and approve the funded projects and the Entitlement Documents during the second public hearing, which is anticipated to be held in July 17, 2024.

ATTACHMENTS:

Attachment 1 - Current Consolidated Plan 2019-2024
APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 29 May 2024 Steven Graham Pacifico, City Attorney Approved - 29 May 2024 Ruby D. Walla, Director of Finance Approved - 29 May 2024 Bryan H. Montgomery, City Manager Approved - 29 May 2024

Community Input for the preparation of the City's Consolidated Plan FY 2... Page 2027 of 2161

THE CITY OF INDIO
5-Year Consolidated Plan and
Annual Action Plan (Fiscal
Year 19-20)
APPROVED June 5, 2019

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OMB Control No: 2506-0117 (exp. 07/31/2015)
Contents
Executive Summary.......................................................................................................................................3 ES-05 Executive Summary - 24 CFR 91.200(c), 91.220(b).........................................................................3 The Process...................................................................................................................................................8 PR-05 Lead & Responsible Agencies 24 CFR 91.200(b).............................................................................8 PR-10 Consultation - 91.100, 91.200(b), 91.215(l) ...................................................................................9 PR-15 Citizen Participation......................................................................................................................15 Needs Assessment......................................................................................................................................19 NA-05 Overview......................................................................................................................................19 NA-10 Housing Needs Assessment - 24 CFR 91.205 (a,b,c)....................................................................20 NA-15 Disproportionately Greater Need: Housing Problems – 91.205 (b)(2)........................................32 NA-20 Disproportionately Greater Need: Severe Housing Problems – 91.205 (b)(2)............................35 NA-25 Disproportionately Greater Need: Housing Cost Burdens – 91.205 (b)(2)..................................38 NA-30 Disproportionately Greater Need: Discussion – 91.205(b)(2) .....................................................39 NA-35 Public Housing – 91.205(b) ..........................................................................................................41 NA-40 Homeless Needs Assessment – 91.205(c)....................................................................................44 NA-45 Non-Homeless Special Needs Assessment - 91.205 (b,d)............................................................48 NA-50 Non-Housing Community Development Needs – 91.215 (f) .......................................................54 Housing Market Analysis.............................................................................................................................56 MA-05 Overview .....................................................................................................................................56 MA-10 Number of Housing Units – 91.210(a)&(b)(2).............................................................................57 MA-15 Housing Market Analysis: Cost of Housing - 91.210(a)...............................................................60 MA-20 Housing Market Analysis: Condition of Housing – 91.210(a)......................................................63 MA-25 Public and Assisted Housing – 91.210(b) ....................................................................................66 MA-30 Homeless Facilities and Services – 91.210(c)..............................................................................69 MA-35 Special Needs Facilities and Services – 91.210(d).......................................................................72 MA-40 Barriers to Affordable Housing – 91.210(e)................................................................................75

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OMB Control No: 2506-0117 (exp. 07/31/2015)
MA-45 Non-Housing Community Development Assets – 91.215 (f) ......................................................76 MA-50 Needs and Market Analysis Discussion.......................................................................................83 Strategic Plan ..............................................................................................................................................84 SP-05 Overview.......................................................................................................................................84 SP-10 Geographic Priorities – 91.215 (a)(1)............................................................................................85 SP-25 Priority Needs - 91.215(a)(2).........................................................................................................90 SP-30 Influence of Market Conditions – 91.215 (b)................................................................................95 SP-50 Public Housing Accessibility and Involvement – 91.215(c).........................................................105 SP-55 Barriers to affordable housing – 91.215(h).................................................................................106 SP-60 Homelessness Strategy – 91.215(d)............................................................................................107 SP-65 Lead based paint Hazards – 91.215(i).........................................................................................110 SP-70 Anti-Poverty Strategy – 91.215(j) ...............................................................................................112 SP-80 Monitoring – 91.230 ...................................................................................................................114 Expected Resources..................................................................................................................................115 AP-15 Expected Resources – 91.220(c)(1,2) .........................................................................................115 Annual Goals and Objectives....................................................................................................................117 Projects .................................................................................................................................................119 AP-35 Projects – 91.220(d) ...................................................................................................................119 AP-50 Geographic Distribution – 91.220(f)...........................................................................................122 Affordable Housing ...................................................................................................................................123 AP-55 Affordable Housing – 91.220(g) .................................................................................................123 AP-60 Public Housing – 91.220(h).........................................................................................................124 AP-65 Homeless and Other Special Needs Activities – 91.220(i)..........................................................126 AP-75 Barriers to affordable housing – 91.220(j) .................................................................................129 AP-85 Other Actions – 91.220(k) ..........................................................................................................130 Program Specific Requirements................................................................................................................133

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OMB Control No: 2506-0117 (exp. 07/31/2015)
Executive Summary
ES-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The Consolidated Plan (the “ConPlan”) is a document submitted to the U.S. Department of Housing and Urban Development (HUD) that serves as a comprehensive housing affordability strategy, community development plan and submission for funding under any of HUD’s entitlement formula grant programs. The ConPlan for Housing and Community Development was established through legislation passed by the U.S. Congress in 1990. Under the CranstonGonzalez National Affordable Housing Act, jurisdictions that receive federal entitlement funds for housing and community development activities are required to prepare a comprehensive threeto five-year plan for using those funds.

The entitlement formula utilizes population information, poverty and overcrowded housing data to establish funding allocations. The City of Indio (the “City”) qualifies as a Community Development Block Grant (CDBG) entitlement city based on the grant formula. The City and the coordinate their efforts to provide a balanced approach to community needs using their available resources. A five-year strategic plan has been developed by the City of Indio that identifies and prioritizes the future use of the City’s CDBG funds. The 2019-2024 ConPlan covers the timeframe from July 1, 2019 to June 30, 2025.

Methods of Evaluation
In preparing the ConPlan, the City utilized several methods to analyze the housing and community development needs of Indio. Methods included hosting focus groups, surveying community residents and stakeholders, surveying multi-family unit property owners, analyzing U.S. Census data and utilizing information in several City and county planning documents. The City hosted community meetings and hearings and met with organizations as an effort to outreach to and encourage the participation of all residents, particularly low- and moderateincome residents, elderly persons and persons with disabilities. The purpose of the meetings was to inform the community about the ConPlan process and to identify opportunities to improve collaborative efforts and eliminate service delivery gaps in order to develop and sustain decent and affordable housing, suitable living environments and expanded community and economic opportunities.

Consolidated Plan Format
In 2012, HUD released its new eCon Planning Suite with interactive tools and resources for grantees to use in the preparation of the Consolidated Plan and Action Plan in the Integrated Disbursement and Information System (IDIS). This new tool provides data from HUD-selected sources, primarily 2010 Census data and the American Community Survey (ACS) data set. Despite

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OMB Control No: 2506-0117 (exp. 07/31/2015)
the primary reliance on HUD-selected data sources, grantees are permitted opportunities to customize their ConPlans.

Income Definitions
The CDBG program is primarily focused on assisting low-income households. Throughout this document, there are several references to various income levels:
• Extremely Low Income: Households whose gross income is equal to or less than 30 percent of the area median family income (MFI).
• Low Income: Households whose gross income is between 31 percent and 50 percent of the area MFI.
• Moderate Income: Households whose gross income is between 51 percent and 80 percent of the area MFI.
• Above-Moderate Income: Households whose gross income is above 80 percent of the area MFI.

While moderate income and above-moderate income households are included in future tables and analysis, they are not the focus of the CDBG program. HUD defines the maximum income for each income level annually, and adjusts the figures based on household size.

2. Summary of the objectives and outcomes identified in the Plan Needs Assessment Overview
The ConPlan is divided into five major parts: 1) the general characteristics of the community and the needs and strategies to address those needs, 2) the housing needs and the current housing market, 3) the needs of the homeless, 4) the goals and prioritization of community and economic development and 5) the strategies that will be used to address non-homeless special needs populations. Based on those categories, the Needs Assessment identified several target populations:
• Extremely low income and low income households;
• Homeless persons;
• Seniors and frail elderly;
• Youth; and
• Persons with disabilities.

Several types of projects were also identified as essential to the community:
• Infrastructure / capital improvements, particularly related to the City's Better Neighborhood Program;
• Job Creation and Retention Programs ;
• Increased public services to area nonprofits, particularly services , programs and services for the homeless;