Agenda — Indio City Council, November 6, 2024 (part 3 of 3)

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b. Subsurface or latent physical conditions at the site differing materially from those indicated by information about the site made available to bidders before the deadline for submitting bids, or

c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.

2. Contractor shall give Notice in accordance with the Change Order provisions above.

3. City shall promptly investigate the conditions, and if it finds that such conditions do materially so differ, or do involve hazardous waste, and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work, it shall issue a change order under the provisions described in the Contract Documents.

4. No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required in the Contract Documents.

5. In the event a dispute arises between City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from completing the Work as provided in the Contract Documents. The Contractor shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by this Contract or by law, which pertain to the resolution of disputes and protests.

C. RECORDS AND AUDITS.

1. Contractor and its subcontractors shall establish and maintain records pertaining to this Contract. Contractor’s and subcontractors’ accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of all costs charged under this contract, including properly executed payrolls, time records, invoices and vouchers.

2. Contractor shall permit City and its authorized representatives to inspect, examine and make copies of Contractor's books, records, accounts, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this contract and shall provide such assistance as may be reasonably required in the course of such inspection. City further reserves the right to examine and re-examine said books, records, accounts, and data during the four (4)-year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy,

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alter, or mutilate said books, records, accounts, and data in any manner whatever for four (4) years after the termination of this Contract.

3. Pursuant to California Government Code section 8546.7, the parties to this Contract shall be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final payment under the contract. The examination and audit shall be confined to those matters connected with the performance of this contract including, but not limited to, the cost of administering the contract.

D. CLAYTON ACT AND CARTWRIGHT ACT.

Section 7103.5 of the Public Contract Code specifies that in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract. Pursuant to Public Contract Code section 7103.5, the Contractor and all of its subcontractors hereby offer and agree to assign to City all rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to this Agreement. This assignment shall become effective when City tenders’ final payment to the Contractor without further acknowledgement by the parties.

E. CONTRACTOR SUPERVISION.

The Contractor shall provide competent supervision and staffing of the Work as approved by City. As necessary, the Contractor or designated representative shall be present at all times while work is actually in progress.

F. CHARACTER OF WORKERS.

If persons employed by the Contractor, including any subcontractors, shall appear to City to be incompetent or to act in a disorderly or improper manner, he or she shall be discharged immediately on the request of City, and such person shall not again be employed on the Work.

G. COOPERATION.

Should construction be under way by City, other agencies or other contractors within or adjacent to the limits of the work specified or should work of any other nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided.

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City reserves the right to perform other or additional work at or near the site (including material sources) at any time, by the use of other forces.

H. NOTICES.

All notices permitted or required under this Contract shall be given at the following address, or at such other address as the parties may provide in writing for this purpose:

CITY OF INDIO: CONTRACTOR:

100 Civic Center Mall 3235 F Street
Indio, CA 92201 San Diego, CA 92102
Attn: Public Works Director Attn: Rob Iorio

The Parties may designate, in writing, other individuals to whom notice is to be given. Notices shall be deemed to be received upon personal delivery to the addresses above; if sent by overnight delivery, upon delivery as shown by delivery service records; if sent by facsimile, upon receipt as confirmed by the sending facsimile equipment; if by United States Postal Service, five (5) days after deposit in the mail.

[SIGNATURES ON FOLLOWING PAGE]

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MINOR PUBLIC WORKS AGREEMENT
BETWEEN THE CITY OF INDIO AND WESTERN PUMP, INC.

REMOVAL AND REPLACEMENT OF THE FUEL PUMP

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

CITY OF INDIO: WESTERN PUMP, INC.:
(Authorized Representative of Contractor)

By: _______________________________ By: _______________________________ Bryan H. Montgomery, City Manager Printed Name: _____________________ Title: _____________________________

Dated: ___________________________ Dated: ___________________________

(Attach Acknowledgment for Authorized
Representative of Contractor)

License No.: 673853

ATTEST:

CITY CLERK

By: ______________________________
Sabdi Sanches
Director of City Clerk Services

APPROVED AS TO FORM:

CITY ATTORNEY

By: ____________________________
Steven Graham

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ATTACHMENT A

INSURANCE REQUIREMENTS FOR MINOR PUBLIC WORKS PROJECTS

1. TIME FOR COMPLIANCE. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to City that it has secured all insurance required under this Section. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence to City that the subcontractor has secured all insurance required under this Section.

2. MINIMUM REQUIREMENTS. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Contract by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract and shall verify subcontractors’ compliance. Contractor’s and subcontractors’ insurance shall meet at least the following minimum levels of coverage:

A. Minimum Scope of Insurance . Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto) or if Contractor has no owned autos, Code 8 (hired) and 9 (non -owned); and (3 ) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance, with statutory limits. The policy shall not contain any exclusion contrary to the Agreement, includ ing but not limited to endorsements or provisions limiting coverage for (1) contractual liability or (2) cross liability for claims or suits by one insured against another.

B. Minimum Limits of Insurance . Contractor shall maintain limits no less than: (1) General Liability: $1 Million per occurrence, $2 Million aggregate for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate l imit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1 million per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability:

Workers’ Compensation: statutory limits. Employer’s Liability limits of $1 million per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. Notwithstanding the minimum limits set forth above, any available

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insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds.

C. Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor or City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may suspend or terminate this Agreement.

3. INSURANCE ENDORSEMENTS. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by City, to add the following provisions to the insurance policies:

A. General Liability . The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37 (including completed operations), or endorsements providing the exact same coverage, City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the Work or ongoing and completed operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects City, its directors, officials, officers, employees, agents, and volunteers and any other Additional Insured named in the Special Conditions, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. A ny excess insurance shall contain a provision that such coverage shall also apply on a primar y and noncontributory basis for the benefit of City, before City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

B. Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is

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responsible; and (2) the insurance coverage shall be primary insurance as respects City, its directors, officials, officers, employees, agents, and volunteers and any other Additional Insured named in the Special Conditions, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self - insurance maintained by City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth above, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds.

C. Workers’ Compensation and Employer’s Liability Coverage . The insurer shall agree, using form WC 00 03 13 or the exact equivalent to waive all rights of subrogation against City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy.

D. All Coverages. Each insurance policy required by this Contract shall be endorsed to include the following provisions:

i. coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to City and all additional insureds,

ii. any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and any other additional insureds,

iii. standard separation of insureds provisions,

iv. no special limitations on the scope of protection afforded to City, and all additional insureds,

v. waiver of any right of subrogation of the insurer against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others required to provide insurance in compliance with these specifications to waive their right of recovery prior to a loss. By signing this agreement, Contractor hereby waives its own right of recovery against City or any other additional insureds and shall require similar written express waivers and insuran ce clauses from each of its subcontractors.

4. DEDUCTIBLES AND SELF-INSURANCE RETENTIONS. Any deductibles or self -insured retentions must be declared to and approved by City. Contractor shall guarantee that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self -

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insured retentions as respects City, its directors, officials, officers, employees, agents, and volunteers and any other Additional Insured named in the Special Conditions; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

5. CLAIMS MADE POLICIES. Claims made policies are not acceptable.

6. SUBCONTRACTOR INSURANCE REQUIREMENTS. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Contract until Contractor has verified that the subcontractor has provided evidence to City that they have secured all insurance required under this Section. If requested by Contractor, City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability Insurance.

7. ACCEPTABILITY OF INSURERS. Insurance is to be placed with insurers with a current A.M.

Best’s rating no less than A: VII, licensed to do business in California, and satisfactory to City.

8. VERIFICATION OF COVERAGE. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

9. RESERVATION OF RIGHTS. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

END OF INSURANCE REQUIREMENTS

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ATTACHMENT B

DESIGNATION OF SUBCONTRACTORS

In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, sections 4100 et seq., Contractor shall set forth below: (a) the name and the location of the place of business and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price. Notwithstanding the foregoing, if the work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

If no subcontractor is specified, for a portion of the work, or if more than one subcontractor is specified for the same portion of Work, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself.

Portion of Work : _____________________________________ Subcontractor Name _____________________________________ Location of Business _____________________________________ CSLB License Number _____________________________________ DIR Registration Number _____________________________________

Name of Contractor: ______________________________________________

Signature: ______________________________

Name and Title: ______________________________

Dated: ______________________________

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ATTACHMENT C

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.

No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.

Name of Contractor: ________________________________

DIR Registration Number: ___________________________

Contractor further acknowledges:

1. Contractor shall maintain a current DIR registration for the duration of the project.

2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor: ______________________________________________

Signature: ______________________________

Name and Title: ______________________________

Dated: ______________________________

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ATTACHMENT D

BOND FORMS

PERFORMANCE BOND

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Bond No. __________

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS that:

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

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

(Project name)
WHEREAS Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

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

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

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

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

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The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

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

Dated:

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“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

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

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PAYMENT BOND (LABOR AND MATERIALS)

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Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

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

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

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

NOW, THEREFORE, we, the undersigned Principal, and

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

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

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

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code

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Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

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

Dated:

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“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

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DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

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TECHNICAL SPECIFICATIONS

REMOVAL AND REPLACEMENT OF THE FUEL PUMP

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City Council
November 6, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Final Tract Map No. 38470-1 for Pulte Home Company, LLC, (Del Webb Desert Retreat) generally located on the northwest corner of Madison Street and Avenue 40

RECOMMENDATION:

Find that the Final Tract Map conforms to all applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance; approve the Final Tract Map for Pulte Home Company, LLC, Tract Map No. 38470-1 (Del Webb Desert Retreat), generally located on the northwest corner of Avenue 40 and Madison Street; 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 Bonds.

SUMMARY:

The proposed residential subdivision for Tract Map No. 38470-1 (Del Webb Desert Retreat) is generally located on the northwest corner of Avenue 40 and Madison Street and consists of subdividing 78.9 acres into 126 residential lots. Pulte Home Company, LLC, has submitted the Subdivision Improvement Agreement along with Performance and Payment Bonds to guarantee the site improvements.

BACKGROUND INFORMATION:

On August 16, 2023, the City Council approved Resolution No. 10387 approving Tentative Tract Map No. 38470 and set certain conditions for the site improvements. Pulte Home Company, LLC, is required to comply with the conditions of approval contained in the resolution approving the tentative tract map. Pulte Home Company, LLC, has executed the Subdivision Improvement Agreement and submitted the necessary Bonds to guarantee the completion of the site improvements. Separate bonds for onsite and offsite street improvements have been submitted, allowing Pulte Home Company, LLC to secure their release as soon as the improvements are completed.

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

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
AGENDA ITEM #9.10
Final Tract Map No. 38470-1 for Pulte Homes Company, LLC, (Del Webb Dese... Page 273 of 352 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:

The subdivision lots in the Final Tract Map No. 38470-1 have been annexed into the Public Safety Community Facilities District 2004-1.

ATTACHMENTS:

Attachment 1 - Vicinity Map

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 24 Oct 2024 Steven Graham Pacifico, City Attorney Approved - 24 Oct 2024 Ruby D. Walla, Director of Finance Approved - 29 Oct 2024 Bryan H. Montgomery, City Manager Approved - 29 Oct 2024

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9,&,1,7<0$3

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Final Tract Map No. 38470-1 for Pulte Homes Company, LLC, (Del Webb Dese... Page 275 of 352

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Final Tract Map No. 38470-1 for Pulte Homes Company, LLC, (Del Webb Dese... Page 276 of 352 City of Indio
City Council
November 6, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Construction Contract with Voltaire Engineering Inc., in the amount of $275,023.75 for the Shadow Avenue Pedestrian Improvements, City Project No. SW2301

RECOMMENDATION:

Approve the project plans and specifications for the Shadow Avenue Pedestrian Improvements, City Project No. SW2301; deny the bid protest by Universal Construction Engineering, and award a construction contract to Voltaire Engineering Inc., in the amount of $275,023.75 and allow the City Manager or his designee to negotiate substantive terms of the agreement including possible extensions thereto, but not including the price, and execute same, in a form as approved by the City Attorney.

SUMMARY:

On October 10, 2024, staff received eight (8) construction bids for the Shadow Avenue Pedestrian Improvements, City Project No. SW2301. After a thorough bid analysis and due diligence, staff determined that Voltaire Engineering, Inc., is the lowest responsive bidder.

BACKGROUND INFORMATION:

The project on Shadow Avenue, between Lido Avenue and Aladdin Street, will enhance the neighborhood by constructing new sidewalks and rebuilding driveways to improve accessibility and safety for residents. In addition, conflicting trees will be replaced, and adjustments will be made to the landscaping and irrigation systems. The area will be graded to create smooth, walkable sidewalks, ensuring a more pedestrian-friendly environment. This project will also complete the missing link in the neighborhood's sidewalk network, making it easier and safer for everyone to get around.

The project was advertised on September 18, 2024. The City received and opened bids on October 10, 2024. In total, eight (8) bids were submitted. A summary of the bids is provided below:

Bidder’s Name Location Total Bid
Voltaire Engineering, Inc. Redlands, CA $275,023.75
Universal Construction and
Engineering Palm Desert, CA $301,974.50
DT Stellar General Engineering Winchester, CA $318,870.00 HL Hitchcock Construction Inc. Rancho Cucamonga, CA $353.400.00 AGENDA ITEM #9.11
Construction Contract with Voltaire Engineering Inc., in the amount of $... Page 277 of 352 Bidder’s Name Location Total Bid
Three Peaks Corp Calimesa, CA $376,767.00
EBS General Engineering Inc. Corona, CA $389,790.50
Vet Corps Contracting Inc Temecula, CA $393,487.00
Granite Construction Company Indio, CA $514,000.00

Public Works staff examined the submissions, and after careful review of the project requirements and bid documents, staff determined that the lowest responsible bidder is Voltaire Engineering, Inc.

The company is appropriately licensed and qualified to perform the work within the project specifications. Staff recommend awarding the contract to Voltaire Engineering, Inc.

On October 14, 2024, Universal Construction and Engineering (Universal), the second lowest bidder submitted a timely bid protest, a copy of which is provided as Attachment 2. They claim that the contractor does not have the required number of years of experience to be a bidder on the job, and their second claim is that the validity of one of the answers on the bid questionnaire that is not material to the bid.

On October 15, 2024, Voltaire Engineering, Inc. (Voltaire) submitted their response to Universal’s bid protest letter, a copy of which is provided as Attachment 3. Voltaire has provided an updated resume that provides the required minimum number of consecutive years of experience to bid for the job, and copies of their Contractors State License Board demonstrating the company has been in business since 2005.

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

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

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

The additional information provided by the Voltaire, which were not included in their bid package, does not affect their bid price, nor give them an unfair advantage over Universal and other bidders.

The bid for Universal was $26,950.75 higher than Voltaire’s bid. Since this does not impact the essence of the bid, the City has the discretion to waive this minor irregularity in the bidding process and for the greater good of the public.

The City Engineer has reviewed the bid documents for the project and in his opinion, the project bid documents are reasonable and meet professional engineering standards. Therefore, the City Engineer recommends that the City Council also approve the project bid documents, which are on file in the Department of Public Works. The Engineer’s construction cost estimate was $345,000.

Construction is scheduled to take place from December 2024 to February 2025.

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Construction Contract with Voltaire Engineering Inc., in the amount of $... Page 278 of 352 FINANCIAL SUMMARY:

Current FY Financial
Impact:
$275,024 In current year budget: Yes
Current FY General
Fund Impact:
$275,024 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
Source of funds: Capital Improvement Projects Fund-Org-Object Reference:
300-523006

Additional Financial Details:

The FY 2024/25 Capital Improvement Program budget included sufficient funds for this project.

ATTACHMENTS:

Attachment 1 - Project Location Map
Attachment 2 - Universal Construction Protest Letter
Attachment 3 - Voltaire Engineering Bid Protest Response Attachment 4 - Agreement with Voltaire Engineering Inc.

APPROVAL(S):

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

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Construction Contract with Voltaire Engineering Inc., in the amount of $... Page 279 of 352 ATTACHMENT 1
Project Location Map

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Construction Contract with Voltaire Engineering Inc., in the amount of $... Page 280 of 352

LIDO AVE

SHADOW AVE

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Construction Contract with Voltaire Engineering Inc., in the amount of $... Page 281 of 352 ATTACHMENT 2
Bid Protest Letter
Universal Construction and
Engineering

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Construction Contract with Voltaire Engineering Inc., in the amount of $... Page 284 of 352 ATTACHMENT 3
Response
Voltaire Engineering

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Construction Contract with Voltaire Engineering Inc., in the amount of $... Page 285 of 352 Voltaire Engineering,
Inc.

PETER DELGADO
CSLB # 1120610 Class. A.B.

DIR # PW-LR-1001073453
1460 Cambridge AVE
Redlands CA 92374
909-747-8414
Email. [email protected]
City of Indio
100 Civic Center Mall
Indio, Ca 92201
Re: Shadow Avenue Pedestrian
Improvements Project
Dear Mr. Donn:

I am writing regarding Voltaire engineering for the City of Indio Shadow Ave Pedestrian Improvements project for the reasons explained herein, Voltaire requests that you do not deem its bid nonresponsive, but instead award the contract to Voltaire as the lowest responsive bidder. Alternatively, Voltaire requests a hearing before the City of Indio “the City” governing body to contest its determination of Voltaire’s bid as non-responsive should it be decided.

Alfonso states in his protest letter that the majority of the work is concrete, however and unless the respected City has change the scope of work, the work consists of clearing & grubbing, earthwork, , compaction and placement of new concrete. This is not a place and finish project.

Per page B-8 we are to list projects within the last 2 years and in excess of $15,000 we have met those criteria, the reference form did not ask for a minimum of Cubic yards, square feet, or the amount of driveways poured or the lineal feet of rolled curb to be considered responsive.

Alfonso also stated that most of our work has been subcontracted, which is FALSE, unless it’s a specialty work, we self-perform all our work.

The specification required the prospective bidder to possess an A-License which is a General Engineering, PER CSLB guidelines:
land leveling and earthmoving projects,
excavating, grading, trenching, paving and surfacing work and cement and concrete works in connection with the above-mentioned fixed works.

Sincerely: Peter Delgado
10/15/24

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VOLTAIRE ENGINEERING,
INC.

COMPLETED AND ON-GOING PROJECTS Instagram
@VOLTAIRELLC44
10/10/2024

PETER DELGADO
CSLB # 1120610 Class. A.B.

DIR # PW-LR-1001073453
1460 Cambridge AVE
Redlands CA 92374
909-747-8414
Email. [email protected]
Project: Santa Ana River Trail Improvements. Start 9/9/24 on going- Contract Amount: $232,037.00
Elaine Radke, P.E. LEED-AP
Senior Engineer
City of Riverside/Public Works Department
Wastewater Division
5950 Acorn Street
Riverside, CA 92504
Direct: 951.351.6017
Project: Berkshire Place Bridge over Flint Canyon Channel - Approach Barriers and Guard Rail: Start 8/5/24, completed 9/3/24
Contract Amount: $278,826.00
Maged El-Rabaa, P.E.

City Engineer
Public Works Department
City of La Cañada Flintridge
One Civic Center Drive
La Cañada Flintridge, CA 91011
Office: (818) 790-8882,Ext 205 | E: [email protected]

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Construction Contract with Voltaire Engineering Inc., in the amount of $... Page 292 of 352 2 Pasadena Unified School District- 100% Completed 7/25/24 as a Sub for Building Resources Inc.

Project Name: - CAMPUS FIRE ALARM UPGRADES- Clearing & Grubbing of 25,000Sf of track, Remove & dispose of 462 tons of native soil. Import 560 Tons of Stabilized Decomposed Granite.

Contract Amount: $259,000 @VOLTAIRELLC44
Contact Person: Wendy Mojica, Project Director
Tel: 714-785-8195
Perris Elementary School District- 100% Completed 6/21/24 as a Sub for Building Resources Inc.

Project Name: - CAMPUS FIRE ALARM UPGRADES- Demolition of 4 Modular buildings, Demo concrete, Demo asphalt, Over excavate and recompact.

Contract Amount: $221,000 @VOLTAIRELLC44
Contact Person: Wendy Mojica, Project Director
Tel: 714-785-8195
City of Inglewood 100% Completed 6/4/23 IG @VOLTAIRELLC44 Project Name: “Vincent Park Soccer Field Parking Area Improvement Project” Contract Amount: $198,049.88
Contact Person: Hung Nguyen-Hunter
Tel: 310-412-5111
City of Corona Slope Repair Project IG 100 % Complete 5/30/24 @VOLTAIRELLC44
Contract Amount: $478,759.02
Tel: Alan Zhang Office: 951-736-2236
City of Riverside 100% Complete 11/14/23 IG @VOLTAIRELLC44 Project Name: Rustin Ave sidewalk improvements
Contract Amount: $158,258.00
Contact Person: David Hatch, Chief construction Inspector Tel: 951-826-5723
City of Rancho Cucamonga 100% Complete 11/16/23 IG@VOLTAIRELLC44 Project Name: Arbor Substation improvements
Contract Amount: $497,512.00
Contact Person: Trina Valdez, Utilities Operations Supervisor Tel: 909-774-4014

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Construction Contract with Voltaire Engineering Inc., in the amount of $... Page 293 of 352 3 City of Inglewood 100% Completed 12/11/23 IG @VOLTAIRELLC44 Project Name: VINCENT PARK DECOMPOSED GRANITE PROJECT, CB-23-16 Contract Amount: $190,800
Contact Person: Hung Nguyen-Hunter
Tel: 310-412-5111
County of Los Angeles Public Works 100% Complete. IG @VOLTAIRELLC44 as Sub for HHJ
Project Name: Nicholas Canyon State Beach
Contract Amount: $360,000
Contact Person: Edward Kim, Project Manager
Tel: 818-335-3813

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Construction Contract with Voltaire Engineering Inc., in the amount of $... Page 294 of 352 Concrete Performance Logistics
Inc.

EVETTE MENDOZA/PETER DELGADO
CSLB # 1020174 Class. C8 concrete/ INACTIVE LICENSE
DIR # PW-LR- INACTIVE
1460 Cambridge AVE
Redlands CA 92374
909-747-8414
Email. [email protected] INACTIVE
PUBLIC WORKS MOST NOTABLE COMPLETED PROJECTS PRIOR TO 11/06/2021 ALL WORK WAS COMPLETED AS A SUBCONTRACTOR FOR HHJ CONSTRUCTION INC.

Address: 11156 Main St, Los Angeles, CA 90061

1.UCLA HEALTH AND WELLNESS HOTEL 900 Tiverton Ave, Los Angeles, CA 90095 Project Name: TIVERTON ADA CONCRETE IMPROVEMENTSUCLA Tiverton Hotel.

Complete 5/05/21
Project Description: Unclassified excavation, remove and replace concrete at front entry, new PCC stairs, new ADA ramp, new PCC landings.

Contract Amount: $ 328,000
Contact Person: Jake Morales
Email: [email protected]
Tel: 562-879-3079

2. UCLA 757 Westwood Plaza, Los Angeles, CA 90095
Project Name: UCLA MP200 MRI
Complete 2/05/21
Project Description: Saw cut, grade & compact for new 36” thick concrete with #5#6 fiberglass rebar for new MRI machine.

Contract Amount: $ 242,000
Contact Person: Jake Morales
Email: [email protected]

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3.COUNTY OF LOS ANGELES INTERNAL SERVICE DEPARTMENT
Project Name: MONA PARK 2291 E 121st St, Compton, CA 90222 Complete 10/23/20
Project Description: Remove trees, shrubs, unclassified excavation, replace concrete, new PCC stairs, new ADA ramp, new PCC landings, O-Ex and recompact for DG.

Contract Amount: $ 328,000
Contact Person: Edward Kim
Email:

Tel: 818-335-3813

3.COUNTY OF LOS ANGELES INTERNAL SERVICE DEPARTMENT
Project Name: EASTLAKE JUVENILE HALL 1601 Eastlake Ave, Los Angeles Ca 90033 Complete 1/6/20
Project Description: Remove trees, shrubs, unclassified excavation, O-Ex for new concrete pool deck, O-Ex for new concrete pavers, new v-gutters, new asphalt, new stripping.

Contract Amount: $ 279,000
Contact Person: Edward Kim
Email:

Tel: 818-335-3813

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Construction Contract with Voltaire Engineering Inc., in the amount of $... Page 302 of 352 ATTACHMENT 4
Agreement with Voltaire
Engineering Inc.

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Construction Contract with Voltaire Engineering Inc., in the amount of $... Page 303 of 352 C
-1
City Project: SW2301 City of Indio Public Works

CONTRACT

CITY OF INDIO CONTRACT FOR
SHADOW AVENUE PEDESTRIAN IMPROVEMENTS PROJECT NO. SW2301 THIS CONTRACT (“Contract”) is made and entered this November 6, 2024 (“Effective Date”), by and between the CITY OF INDIO, a California municipal corporation (“City”) and Voltaire Engineering, Inc., a California corporation (“Contractor”). Contractor’s California State Contractor’s license number is 1120610; Class A & B. Contractor’s DIR registration number is 1001073453.

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

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

2. Scope of Services.

Contractor shall perform the Work in a good and workmanlike manner for the project identified as Shadow Avenue Pedestrian I mprovements Project (“Project”), as des
cribed in this Contract and in the Contract Documents.

3. C ompensation. I n consideration of the services rendered hereunder, City shall pay Contractor an amount of two-hundred seventy-five thousand, twenty-three dollars and seventy- five cents ($275,023.75) in accordance with the prices as submitted in the Bid.

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

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

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

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

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C-2
City Project: SW2301 City of Indio Public Works
provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

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

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

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

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

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

CITY OF INDIO
By:

Mayor
ATTEST: APPROVED AS TO FORM:

By: By:

City Clerk City Attorney

Dated:
(“CONTRACTOR”)

By:

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C-3
City Project: SW2301 City of Indio Public Works
Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

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

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

NOW, THEREFORE, we, the undersigned Principal, and

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C-4
City Project: SW2301 City of Indio Public Works
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

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

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

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C-5
City Project: SW2301 City of Indio Public Works
Bond No. __________

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS that:

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

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

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

NOW, THEREFORE, we, the undersigned Principal, and

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

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

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

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C-6
City Project: SW2301 City of Indio Public Works
waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

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

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

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

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C-7
City Project: SW2301 City of Indio Public Works
WORKERS’ COMPENSATION

CERTIFICATE OF INSURANCE

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

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

1. This certificate is issued to:

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

The insureds under such policy or policies are:

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

Policy Number Effective Date Expiration Date

By:

Its Authorized Representative

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City Council
November 6, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Construction Contract with Earthscapes Landscape Inc., in the amount of $445,735 for the Automall Varner Road Parkway Improvements, City Project No.ST2413

RECOMMENDATION:

Approve the project plans and specifications for the Automall Varner Road Parkway Improvements, City Project No. ST2413; and award a construction contract to Earthscapes Landscape, Inc. in the amount of $445,735 and allow the City Manager or his designee to negotiate substantive terms of the agreement including possible extensions thereto, but not including the price, and execute same, in a form as approved by the City Attorney.

SUMMARY:

On October 3, 2024, staff received three (3) construction bids for the Automall Varner Road Parkway Improvements Project. After a thorough bid analysis and due diligence, staff determined that Earthscapes Landscape, Inc. is the lowest responsive bidder.

BACKGROUND INFORMATION:

The project is located along Varner Road, from Fifties Way to Jefferson Street, and focuses on installing mortared cobbles and interlocking concrete pavers along the parkway on the south side.

This includes grading the area and resetting signs and posts to enhance the parkway's appearance and function. This section has been challenging to maintain due to litter, sand, and debris blown from the nearby I-10 freeway, which tends to accumulate against the wall. The improvements aim to address these ongoing maintenance issues and create a cleaner, more aesthetic, durable space along Varner Road.

The project was advertised on September 10, 2024. The city received and opened bids on October 3, 2024. In total three (3) bids were submitted. A summary of the bids is provided below:

Bidder’s Name Location Total Bid
Earthscapes Landscape, Inc. Ontario, CA $445,735
Kormex Construction, Inc. Ontario, CA $478,950
Voltaire Engineering, Inc. Redlands, CA $585,950

AGENDA ITEM #9.12
Construction Contract with Earthscapes Landscape Inc., in the amount of ... Page 311 of 352 Public Works staff examined the submissions, and after a careful review of the project requirements and bid documents, staff determined that the lowest responsible bidder is Earthscapes Landscape, Inc. The company is appropriately licensed and qualified to perform the work within the project specifications. Staff recommends awarding the contract to Earthscapes Landscape, Inc.

Construction is scheduled to take place from December 2024 to February 2025.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$445,735 In current year budget: Yes
Current FY General
Fund Impact:
$445,735 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
Source of funds: Capital Improvement Projects Fund-Org-Object Reference:
300-523006

Additional Financial Details:

The FY 2024/25 Capital Improvement Program budget included sufficient funds for this project.

ATTACHMENTS:

Attachment 1 - Project Location Map
Attachment 2 - Agreement with Earthscapes, Inc.

APPROVAL(S):

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

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Project Location Map

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Agreement with
Earthscapes Landscape Inc.

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-1
City Project: ST2413 City of Indio Public Works

CONTRACT

CITY OF INDIO CONTRACT FOR
AUTOMALL VARNER ROAD PARKWAY IMPROVEMENTS PROJECT NO. ST2413 THIS CONTRACT (“Contract”) is made and entered this November 6, 2024 (“Effective Date”), by and between the CITY OF INDIO, a California municipal c orporation (“City”) and Earthscapes Landscape Inc., a California c orporation (“Contractor”). Contractor’s California State Contractor’s license number is 1027517; Class A & C-2 7. Contractor’s DIR registration number is 1001068776.

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

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Automall Varner Road Parkway Improvements Project (“Project”), as des
cribed in this Contract and in the Contract Documents.

3. C ompensation. I n consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of four-hundred forty-five thousand, seven-hundred thirty-five dollars ($445,735) in accordance with the prices as submitted in the Bid.

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

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C-2
City Project: ST2413 City of Indio Public Works

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

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

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

CITY OF INDIO
By:

Mayor
ATTEST: APPROVED AS TO FORM:

By: By:

City Clerk City Attorney

Dated:
(“CONTRACTOR”)

By:

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City Project: ST2413 City of Indio Public Works
Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

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

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

NOW, THEREFORE, we, the undersigned Principal, and

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C-4
City Project: ST2413 City of Indio Public Works
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

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

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

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

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C-5
City Project: ST2413 City of Indio Public Works
Bond No. __________

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS that:

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

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

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

NOW, THEREFORE, we, the undersigned Principal, and

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

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

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

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City Project: ST2413 City of Indio Public Works
waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

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

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

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

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C-7
City Project: ST2413 City of Indio Public Works
WORKERS’ COMPENSATION

CERTIFICATE OF INSURANCE

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

1. This certificate is issued to:

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

The insureds under such policy or policies are:

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

Policy Number Effective Date Expiration Date

By:

Its Authorized Representative

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City Council
November 6, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Riverside Indio, of City County between Agreements Cooperative the Transportation Commission and the County of Riverside for the Interstate 10/Monroe Street Interchange Project (Project No. ST0801)

RECOMMENDATION:

Approve the Riverside County Transportation Commission Federal and State Funding Cooperative Agreement with the City of Indio and the County of Riverside, approve the Service Agreement by and between the County of Riverside and the City of Indio for the Interstate 10 / Monroe Street Interchange Project, City Project Number ST0801, and authorize the City Manager to negotiate final language amongst the parties and to execute the Agreements in final form, as approved by the City Attorney.

SUMMARY:

The County of Riverside Transportation Department (County) has agreed to be the lead agency for the Interstate 10 / Monroe Street Interchange Project (Project) since the Project Approval and Environmental Documentation phase of the Project. As the project approaches construction, the City and County must enter into a formal Service Agreement identifying the roles and commitments of each agency. In addition, as a major funding partner in the project, the Coachella Valley Association of Governments (CVAG), has been working with the Riverside County Transportation Commission (RCTC) to identify sources of Federal and State funds that can be used towards this project. To date, CVAG and RCTC have identified $26,232,000 of Federal Surface Transportation Block Grant (STBG) funding as well as $14,263,000 of State SB-1 Local Partnership Program (LPP) funding.

These funding sources require a cooperative agreement with RCTC for the use of the funding toward the project.

BACKGROUND INFORMATION:

The Interstate 10/ Monroe Street Interchange is a significant access point for existing residential and commercial sites in the City. Reconstructing the Monroe Street Interchange and the Bridge over the Whitewater and bottleneck, existing the remove will existing address River deficiencies, accommodate future growth and development.

Improvements include widening Monroe Street from two to four lanes and the construction of new bridge structures over Interstate 10 and the Whitewater River, and the construction of associated on and off-ramps. The project will also include pedestrian and golf cart facilities compatible with the Coachella Valley (CV) Link.

AGENDA ITEM #9.13
Cooperative Agreements between the City of Indio, Riverside County Trans... Page 323 of 352 The Monroe Street Interchange is ranked number one by CVAG’s Transportation Project Prioritization Study (TPPS).

On October 17, 2007, the City approved the original funding agreement between the City and CVAG, which provided funding for the preparation of the Project Study Report.

Amendment Number One to the Agreement provided additional funding, at no cost to the City to prepare the Project Report. The City approved Amendment Number One on March 12, 2009.

The City approved Amendment Number Two on September 26, 2016, to provide funding for the preparation of the Project Approval and Environmental Documentation. Amendment Number Three to the Agreement assigned the County of Riverside as the lead agency and was approved by the City on January 9, 2018.

Riverside County successfully secured environmental clearance for the project and the final project report was approved by Caltrans on December 7, 2021.

The City approved Amendment Number Four on March 23, 2021, to provide funding for the preparation of the final project plans, specifications, and construction estimates (PS&E).

The City approved Amendment Number Five on June 15, 2022, to provide funding for the acquisition of necessary real property interests and rights of way for the construction of the improvements. At the same time, the City passed Resolution No. 10295 agreeing to jointly exercise powers of eminent domain with the County of Riverside.

The City signed Amendment Number Six in April 2024 to extend the time trigger to start construction by December 31, 2025.

The City is currently reviewing the 95% plans, Version 3, and the County is in the process of approving the real property appraisals to begin negotiations with the adjacent property owners. With the impending construction, the County has requested the City enter into a Service Agreement to identify each agency’s responsibilities for the project management and project funding.

In addition, throughout the development of the Project, CVAG has worked with RCTC to secure State and Federal resources for the construction of the Project. This includes funding from the Federal STGB funding and State SB-1 LPP funds. For the Project to access these funds, the City and County must enter into a Funding Cooperative Agreement with RCTC that identifies each agencies new responsibilities associated with the management of each funding source.

This agreement must be executed as soon as possible for the City and County to secure the State SB-1 LPP funds, so City Staff requests approval of this agreement while providing the City Attorney opportunity to review the indemnities with the other agencies legal departments prior to full execution.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A

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Cooperative Agreements between the City of Indio, Riverside County Trans... Page 324 of 352 Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
Source of funds: N/A Fund-Org-Object
Reference:

N/A

Additional Financial Details:

As identified in each agreement, the total construction cost is estimated to be $118,375,530 based on the 95% estimate, version 3. The latest budget numbers will be incorporated into the City’s annual Capital Improvement Budget including the State and Federal funds identified. There are no additional financial impacts associated with the approval of these two agreements.

ATTACHMENTS:

Attachment 1 - Project Vicinity Map
Attachment 2 - STBG Funding Cooperative Agreement
Attachment 3 - Riverside County Service Agreement

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 01 Nov 2024 Ruby D. Walla, Director of Finance Approved - 01 Nov 2024 Bryan H. Montgomery, City Manager Approved - 01 Nov 2024 Steven Graham Pacifico, City Attorney Approved - 01 Nov 2024

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Cooperative Agreements between the City of Indio, Riverside County Trans... Page 325 of 352 ATTACHMENT 1
Project Vicinity Map

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roject Vicinity Map

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roject Rendering – Monroe St over the CVWD Channel and I-10 Freeway

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Cooperative Agreements between the City of Indio, Riverside County Trans...Page 328 of 352 ATTACHMENT 2

RIVERSIDE COUNTY TRANSPORTATION COMMISSION

FEDERAL AND STATE FUNDING COOPERATIVE

AGREEMENT WITH COUNTY OF RIVERSIDE FOR THE
INTERSTATE 10/MONROE STREET INTERCHANGE

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1 Agreement No. 23-72-051-00

RIVERSIDE COUNTY TRANSPORTATION COMMISSION

FEDERAL AND STATE FUNDING COOPERATIVE AGREEMENT

WITH THE CITY OF INDIO AND THE COUNTY OF RIVERSIDE
FOR THE INTERSTATE 10/MONROE STREET INTERCHANGE PROJECT

1. Parties and Date. This Agreement is made and entered into this ____ day of ______________, 20 24, by and amongst t he Riverside County Transportation Commission, hereinafter referred to as "RCTC," the City of Indio, hereinafter referred to as "City," and the County of Riverside, hereinafter referred to as "Agency”.

2. Recitals.

2.1 In 1991, the United States Congress authorized the Surface Transportation Block Grant (STBG) Program. STBG was most recently reauthorized on November 15, 2021, when the President of the United States signed into law P.L. 1 17-58, the Infrastructure Investment and Jobs Act (IIJA). Under the IIJA, STBG provides funding for projects to preserve and improve the conditions and performance on any Federal -aid highway, bridge and tunnel projects on any public road, pedestrian and bicycle infrastructure, and transit capital projects provided that the projects are identified in the State Transportation Improvement Plan (STIP)/Federal Transportation Improvement Program (FTIP), and meet other funding requirements identified in the IIJA; and

2.2 The California Department of Transportation (hereinafter referred to as “Caltrans”) administers the ST BG P rogram on behalf of the Federal Highway Administration (hereinafter referred to as “FHWA”); and

2.3 Within Riverside County, RCTC was, at the time this agreement was authorized by the RCTC Board of Directors, responsible for directing the programming and allocation of STBG funding to projects within Riverside County; and

2.4 City and Agency submitted a request to RCTC to utilize STBG funds for the Scope of Work described in Exhibit “A” attached hereto and incorporated herein by this reference; and

2.5 The request submitted by City and Agency describes a priority project which RCTC has determined merit s funding and Agency is eligible to receive STBG funds.

City’s and Agency’s proposed Scope of Work is referred to herein as the “Project”; and

2.6 The City is the Project sponsor, and is responsible for any match funding required for the Project under this Agreement; and

2.7 Contingent on Caltrans and/or FHWA approval of the Project, funding shall be programmed by RCTC in the form of STBG, as further specified herein; and

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2 2.8 On March 8, 2023, RCTC’s Board of Directors approved the programming by RCTC of up to Twenty -Six Million Two Hundred Thirty -Two Thousand Dollars ($26,232,000) in STBG funds to be matched with Sixty-Two Million Seven Hundred Sixty- Eight Thousand Dollars ($62,768,000) in other funding sources secured by the City for the Project; and

2.9 Agency shall be the direct recipient of any federal funds provided for the Project and shall utilize the funding disbursed by Caltrans solely for the Project.

2.10 On April 28, 2017, the Governor of California signed into law Senate Bill 1 (SB 1), a bill to provide new funding for transportation in the state; and

2.11 SB 1 created a new program, the Local Partnership Program (LPP), which is comprised of a competitive program and a formulaic program. The formulaic program, LPP-F, is available to jurisdictions with voter approved taxes, tolls, or fees, which are dedicated solely to transportation improvements; and

2.12 As the administrator of Measure A, the half -cent sales tax measure dedicated to transportation improvements in Riverside County, RCTC is a recipient of LPP-F funds; and

2.13 On April 6, 2023, RCTC and the Coachella Valley Association of Governments (CVAG) entered into a Memorandum of Understanding to consolidate previously made agreements into a single document to reflect how various fund types received in Riverside County would be distributed; and

2.14 In the first four LPP -F cycles, 2017 - 2022, RCTC programmed all funds onto Western Riverside County projects; and

2.15 RCTC has kept track of the intercounty formula distribution owed to Western Riverside County, Coachella Valley, and Palo Verde Valley on an annual taxable sales basis; and

2.16 In the 2024 LPP-F cycle, it has been determined that the Coachella Valley’s share of LPP -F since inception has reached approximately $14 million and the amount available in the 2024 LPP-F cycle is currently $14,263,000; and

2.17 On December 5, 2022, the CVAG Executive Committee directed the CVAG Executive Director to work with RCTC to allocate LPP-F to the Project.

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3 3. Terms.

3.1 Definition; Term of Agreement.

A. Definitions.

1. Days - As used in this Agreement, “days” shall be calendar days.

2. Effective Date – Refers to the date first specified above.

3. Funding Plan – The pl an included as part of the attached Exhibit “A” specifying the funding amounts and funding sources for the Project.

4. Project – The project proposed by City and Agency , a s described in the Scope of Work, attached hereto as Exhibit “A”, which has been reviewed and approved by RCTC.

B. Term. The term of this Agreement shall commence on the Effective Date and shall continue in effect through December 31, 2029, or until written agreement by the Parties that the Project has been completed, unless earlier terminated as provided herein.

C. Term Contingent on Funding. Notwithstanding the term as defined in subsection B above, the continuation of this Agreement and the programming of the federal and funds specified hereunder is contingent on funding availability under the IIJA, on the Project maintaining funding eligibility, and on FHWA , Caltrans, and California Transportation Commission (CTC) approval of the Project, and each Project phase. The parties acknowledge that RCTC is not the funding entity hereunder, and shall have no responsibility or liability to City or Agency for failure of FHWA , Caltrans, or CTC to fund the Project, or for any delay, cancellation, or reduction of federal funds.

3.2 Use of Funds.

A. City and Agency Responsibilities. Contingent on Southern California Association of Governments (hereinafter referred to as “ SCAG”), Caltrans, FHWA, and CTC approval of the Project and the funding to be programmed hereunder, City and Agency shall have the responsibilities set forth in this Agreement, including the following.

1. Agency shall act as the lead agency for the engineering, right- of-way, construction, and construction management for the Project.

2. Agency shall submit National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA) environmental documentation to Caltrans for approval.

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4 3. City shall prepare a conforming LPP -F nomination package for submittal to CTC by RCTC.

4. Agency shall prepare and submit all necessary Caltrans - required documentation to Caltrans District 8 including the request for authorization to proceed (hereinafter referred to as “E-76 Request”) as indicated on the Project schedule and Funding Plan.

5. City and Agency shall enter into any agreement(s) with Caltrans as required for receipt of STBG and LPP-F funds through Caltrans and CTC, and shall comply with all requirements of such agreement(s).

6. Agency shall be the direct recipient of all state and federal funds to be provided for the Project, and shall invoice Caltrans for Project costs at minimum once every six months, or as otherwise required by Caltrans.

7. Agency shall create any necessary Project records, reports , and financial accounts to permit disbursement of allocated funds to Agency , and shall ensure that federal and state reporting requirements are met.

B. Project Changes ; Cost Overruns. The federal and state funds described in Section 3.4 and Exhibit “A” of this Agreement are specifically for the Project and make up the entire amount which RCTC has authorized for the Project. Any subsequent amendments to the Project scope or description are not covered by this Agreement, and the funding for any such amendments or for any Project cost overruns shall be the sole responsibility of City , unless otherwise approved in writing by RCTC.

RCTC and City agree that Agency shall have no financial responsibility for Project.

D. Responsibility of Agency for Project Compliance with Federal and State Rules and Regulations. Agency and City shall be responsible for compliance with all federal and state rules and regulations applicable to the STBG funds and LPP-F funds, as applicable. Approval by RCTC of the Project does not evidence any opinion of or representation by RCTC of the Project’s compliance with applicable federal or state rules and regulations regarding use of the STBG and LPP -F funds. If Caltrans or FHWA determine that any STBG or LPP-F funds were not spent in accordance with applicable federal or state rules and regulations, City shall be solely responsible for reimbursement of all such improperly expended funds and shall make such reimbursement in the manner specified in this Agreement.

E. Funding Reimbursement by City . If it is determined pursuant to a Project audit that any STBG or LPP-F funds provided for the Project have been improperly expended, City shall, at the direction of the agency performing the audit (e.g. RCTC, Caltrans, FHWA , or FTA) reimburse within thirty (30) days the full amount of such improperly expended funds. The funds shall be reimbursed in accordance with the recommendations in the audit , with a notice to RCTC that the reimbursement was accomplished.

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5 3.3 Additional Responsibilities of City and Agency

A. Indemnification. To the fullest extent permitted by law, City and Agency, respectively (“Indemnifying Party”) shall defend, indemnify and hold RCTC, its directors, officials, officers, employees, agents, and/or volunteers free and harmless from any and all liability from loss, damage, or injury to property or persons, including wrongful death, in any manner arising out of or incident to any acts, omissions, or willful misconduct of the Indemnifying Party or any of its directors, officials, officers, employees, agents, volunteers, or service providers arising out of or in connection with the Indemnifying Party’s performance of this Agreement, or the Project, including, without limitation, the payment of consequential damages and attorneys’ fees. Further, the Indemnifying Party shall defend, at its own expense, including the payment of attorneys ’ fees, RCTC, its officials, officers, employees, agents , and/or volunteers in any legal action based upon such acts, omissions, or willful misconduct. shall reimburse RCTC, its directors, officials, officers, employees, agents, and/or volunteers for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

B. Standard of Care; Performance Standards.

1. City and Agency shall implement the Project in a skillful and competent manner and in accordance with all applicable local, state, and federal laws, rules, and regulations.

2. City and Agency shall meet or exceed the following performance standards for the Project:

a. Adhere to the timeline set forth in this Agreement or as subsequently approved by RCTC.

b. Exp end the funding specified herein entirely on the Project.

c. Implement the Project in a manner consistent with
Exhibit “A” and all provisions of this Agreement.

d. Provide Project reporting to RCTC in a manner
consistent with this Agreement.

e. Comply with any requirements and restrictions
imposed by the authorizing language in the IIJA, and with all requirements and restrictions imposed by FHWA or Caltrans applicable to the STBG and the LPP-F funding including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Award, 2 CFR Part 200, et. seq. and Caltrans Master Agreement applicable to State funding

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6 C. Insurance. City and Agency shall obtain and require its subcontractors or sub- consultants to obtain insurance of the types and in the amounts described below for the entire term of this Agreement.

1. Commercial General Liability Insurance. City and Agency shall maintain and require its consultants and contractors to maintain sufficient insurance to cover the risks associated with the Project.

a. Name RCTC and its officials, officers, employees,
agents, and consultants, as insureds with respect to performance of this Agreement. Such insured status shall contain no special limitations on the scope of its protection to the above-listed insureds.
b. Be primary and noncontributory with respect to any
insurance or self insurance programs covering RCTC and its directors, officials, officers, employees, agents, and consultants.

c. Contain standard separation of insureds provisions.

2. Business Automobile Liability Insurance . If City or Agency hires or owns any vehicle during the term of this Agreement, City and Agency shall maintain business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.

3. Workers’ Compensation Insurance . City and Agency shall maintain workers’ compensation insurance with statutory limits and employer ’s liability insurance with limits of not less than $1,000,000 per accident.

4. Certificates/Insurer Rating/Cancellation Notice. City and Agency shall, prior to receiving any funding under this Agreement, furnish to RCTC properly executed certificates of insurance, certified copies of endorsements, and policies, if requested by RCTC which shall clearly evidence all insurance required in this Section. City and Agency shall not allow such insurance to be canceled, allowed to expire, or be materially reduced in coverage except on thirty (30) days prior written notice to RCTC.

D. Match Funding . F unding in the amounts shown in Exhibit “ A”, attached hereto and incorporated by reference, has been secured by the City as a match to the funds provided for the Project.

3.4 RCTC's Rights and Responsibilities.

A. RCTC shall formally request on behalf of Agency that SCAG amend the FTIP to program up to the amount in accordance with the Funding Plan.

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7 B. RCTC shall provide assistance to Agency, as described in this Agreement, in securing the STBG funds in an amount not to exceed $26 ,232,000, as further detailed in the Funding Plan.

C. RCTC shall not be obligated to program any amount in excess of the amount identified in subsection B above, or the amount ultimately approved for the Project by Caltrans and FHWA, if less than the amount set forth in subsection B above.

D. RCTC shall process any required FTIP amendments.

E. RCTC may cancel funding for the Project under this Agreement if Agency has not submitted an E-76 Request to Caltrans or has not advanced the Project to the “ready-to-list stage” as required by the Project schedule included in the attached Exhibit “A”.

F. RCTC will consider requests for extensions of time if the reason for delay is above and beyond the City’s or Agency’s control.

4. Accounting Records.

4.1 Retention of Records . Agency shall maintain complete and accurate records with respect to costs incurred and other records generated in relation to the Project, the STBG funds, or this Agreement. All such records shall be clearly identifiable.

Agency shall allow representa tives of RCTC, Caltrans, FHWA , and other designated agencies during normal business hours to examine, audit, and make transcripts or copies of such records. Agency shall maintain all work, data, documents, proceedings, and activities related to the foregoing for a period of three (3) years from the expiration of this Agreement, or such longer period as required by Caltrans, and shall allow inspection hereunder during such time.

4.2 Accounting of Funds. When requested by RCTC, Agency shall within thirty (30) days provide RCTC with a full reporting and accounting of all STBG funds received by Agency.

5. Project Reports.

5 .1 Reporting. Agency shall, in a timely manner, provide milestone reports detailing the Project’s progress including a financial status report and milestone progress report in a form approved by RCTC, upon RCTC written request.

5.2 Responsibility for Federal and State Reporting . The responsibility for reporting associated with the STBG and LPP -F funds shall be exclusively that of the Agency and in no manner the responsibility of RCTC.

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8 6. Annual Audit.

6 .1 RCTC shall notify Agency in writing, by the end of the fiscal year, if Agency is required to conduct an annual financial audit of records pertaining to the Project. If an audit is required, it shall be completed and submitted to RCTC by December 31 st of the
following fiscal year ("Audit Deadline"). In order to ensure compliance with the Audit Deadline, Agency shall respond promptly to the auditor's requests for documentation and records.

6 .2 RCTC may, in its sole and absolute discretion, grant an extension of the Audit Deadline upon written request of the Agency , which request shall include an explanation for the delay. No extension of the Audit Deadline shall exceed ninety (90) days.

6 .3 Agency shall promptly resolve all audit matters to the satisfaction of RCTC, Caltrans, or FHWA, as applicable.

6 .4 If Agency fails to complete the audit by the Audit Deadline or by the date of any authorized extension, or if Agency fails to promptly resolve all audit matters to the satisfaction of RCTC, RCTC shall have the right to request suspension of Agency ’s funding by Caltrans.

7. General Provisions.

7 .1 Compliance with Federal Procurement and Real Property Acquisition Requirements.

A. In addition to the terms specified herein, City and Agency shall also achieve and mai ntain full compliance with all f ederal contracting and procurement requirements and real property acquisition requirements applicable to the Project and City’s and Agency’s organization. It is the responsibility of the Agency to be familiar with and to be in full compliance with all applicable Caltrans and federal requirements.

B. In the event of any failure or alleged failure to comply with federal or Caltrans contracting and procurement and real property acquisition requirements on the part of the City or Agency , City shall be solely responsible for any penalties, reimbursement of funds, costs of investigation, and remedy of such failures.

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9 7.2 Termination of Agreement.

A. A party may, by written notice to the other parties , terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to the other parties of such termination, and specifying the effective date thereof.

Notwithstanding the foregoing, Agency and City may not terminate this Agreement except for cause during such period as Agency is drawing down funding allocated under this Agreement.

B. In the event this Agreement is terminated in whole or in part as provided in subsection A of this Section, RCTC may reprogram STBG and/or LPP -F funding in its sole discretion.

C. If this Agreement is terminated as provided in subsection A of this Section, RCTC may require City or Agency , when implementing a Project, to provide to RCTC all finished or unfinished documents, including but not exclusive to, data, studies, drawings, and reports, owned by City or Agency in connection with the performance of this Agreement. The foregoing shall be provided by City and Agency “as is” and City and Agency shall not be responsible or liable for the quality, suitability, operability or condition of any design or construction, and City and Agency expressly disclaim any and all express or implied representations or warranties with respect thereto, including any warranties of suitability or fitness for use.

7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

To RCTC: Riverside County Transportation Commission
4080 Lemon Street, Third Floor
P. O. Box 12008
Riverside, California 92502-2208
Attn: Aaron Hake, Executive Director
[email protected]

To City: City of Indio
100 Civic Center
Indio, CA 92201
Attn:Timothy Wassil, Director of Public Works
[email protected]
(760) 391-4000

To Agency: C ounty of Riverside
Transportation Land Management Agency
4080 Lemon Street, 8
th Floor
Riverside, CA 92501
Attn: Azan Junaid

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10 [email protected]
(951) 955-6781

Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. mail, first class postage prepaid and addressed to the party at its applicable address. Notice may also be provided via electronic mail and shall be deemed made the date sent, provided that any notice sent via electronic mail shall also be sent by U.S. mail, per the requirements set forth in the foregoing sentence, within twenty-four (24) hours of the notice via electronic mail. Notice sent via electronic mail that is not followed by notice sent via U.S. mail, as required in this paragraph, shall not be considered notice for purposes of this Agreement.

7.4 Attorneys' Fees. If any party commences an action against the other arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party’s reasonable attorneys' fees and costs of suits.

7.5 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified in writing, signed by both parties.

7.6 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

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

7.8 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties and shall not be assigned by any party without the prior written consent of the other parties.

7.9 Administration.

A. RCTC's Executive Director, or his or her designee, shall administer this Agreement on behalf of RCTC.

B. City hereby designates the City Manager or his or her designee, to act as its representative to administer this Agreement on behalf of City ("City's Representative"). City's Representative shall have full authority to represent and act on behalf of City for all purposes under this Agreement.

C. Agency hereby designates Director of Transportation or his or her designee, to act as its representative to administer this Agreement on behalf of Agency ("Agency's Representative"). Agency 's Representative shall have full authority to represent and act on behalf of Agency for all purposes under this Agreement.

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11 7.10 Severability. If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant , or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

7.11 Counterparts; Electronically Transmitted Signatures; Electronic Signatures.

This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party to this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal.

Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For pur poses of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.

7.12 Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this Agreement by reference as though fully set forth herein.

7.13 Incorporation of Exhibit. This Agreement contains one (1) exhibit (Exhibit “A”) which is attached hereto and incorporated into this Agreement by reference.

7.14 Legal Authority. RCTC, City , and Agency represent and warrant that the persons signing below on behalf of each party is duly authorized to execute this Agreement on behalf of its respective party and that, by so executing, the parties hereto are formally bound to the provisions of this Agreement.

7.15 Survival . All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

[Signatures on following page]

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12 SIGNATURE PAGE
TO

RIVERSIDE COUNTY TRANSPORTATION COMMISSION

FEDERAL AND STATE FUNDING COOPERATIVE AGREEMENT

WITH THE CITY OF INDIO AND THE COUNTY OF RIVERSIDE
FOR THE INTERSTATE 10/MONROE STREET INTERCHANGE PROJECT

IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the Effective Date.

RCTC: AGENCY:

RIVERSIDE COUNTY C OUNTY OF RIVERSIDE

TRANSPORTATION COMMISSION

By: By: __________________________ Aaron Hake, Executive Director Chair, Riverside County Board of Supervisors

APPROVED AS TO FORM: APPROVED AS TO FORM:

Danielle Maland
County Counsel

By: _____________________________ By: __________________________ Best Best & Krieger LLP Deputy County Counsel
Counsel to the Riverside
County Transportation Commission

CITY: ATTEST:

CITY OF INDIO City Clerk

By: _________________________ By: _________________________ Bryan H. Montgomery, City Manager Sabdi Sanchez, CMC
City of Indio City Clerk Administrator

APPROVED AS TO FORM:

By: _________________________
Steven P. Graham, City Attorney

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Exhibit “A”

EXHIBIT "A"

SCOPE OF WORK: Replace and widen the existing Interstate 10/Monroe Street Interchange and bridge over the Coachella Valley Storm Channel, including adding dedicated pedestrian facilities and Low Speed Electric Vehicle/bike lanes within the City of Indio.

FUNDING:

PHASE STBG LPP-F OTHER TOTAL
Construction $26,232,000 $14,263,000 $104,112,530 $118,375,530

TIMETABLE:

PHASE START DATE END DATE
Environmental 1/31/2018 12/22/2020
Design 4/14/2021 1/31/2025
Right of Way 6/29/2023 4/28/2025
Construction 1/31/2025 4/28/2028

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SERVICE AGREEMENT BY AND BETWEEN THE

COUNTY OF RIVERSIDE AND CITY OF INDIO FOR THE
INTERCHANGE 10/MONROE STREET PROJECT

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SERVICE AGREEMENT BY AND BETWEEN

THE COUNTY OF RIVERSIDE
AND

CITY OF INDIO

FOR INTERCHANGE IMPROVEMENTS AT
I-10 / MONROE STREET
This Agreement entered into this _______ day of _____________, 2024, by and between the County of Riverside, a political subdivision of the State of California, on behalf of its Transportation Department (hereinafter "COUNTY"), and the City of Indio, a municipal corporation, (hereinafter “City”) for interchange improvements located within the jurisdictional boundaries of the CITY. The COUNTY and CITY are sometimes hereinafter referred to individually as a “PARTY” and collectively as the “PARTIES”.

RECITALS
A. The PARTIES have identified the need for improvements at the Monroe Street interchange located on I -10 between Jefferson Street and Jackson Street, as shown in Exhibit A (Vicinity Map). The improvements will reconstruct and widen the interchange involving new structures crossing I -10 and the Whitewater Channel (collectively “PROJECT”).

B. The PROJECT is within the jurisdictional boundaries of the CITY and the CITY is the implementing agency responsible for sponsoring and funding the PROJECT. The CITY and the Coachella Valley Association of Governments, (hereinafter “CVAG”), have entered into a reimbursement agreement to provide funds.

C. The CITY has coordinated with CVAG and the California Department of Transportation, (hereinafter “CALTRANS”), to develop a Project Study Report for the project imitation phase of the PROJECT.

D. The CITY, CALTRANS, and CVAG assigned the COUNTY to be the lead agency on the PROJECT to complete the remaining phases of environmental clearance, design, and right of way on behalf of the CITY due to its experience in the development and implementation of interchange projects. The previous reimbursement agreement between the CITY and CVAG was amended and restated to assign the COUNTY as the lead agency for environmental clearance. After environmental clearance was completed, the restated agreement was amended to assign the COUNTY as lead agency for the design and right of way phases.

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E. The CITY has determined it requires construction services for the PROJECT and desires the COUNTY to be the lead agency for the construction phase.

F. COUNTY will therefore provide the administrative, technical, managerial, and support services necessary for the PROJECT and subsequent construction phase.

G. The funding allocation for the PROJECT construction phase will be provided from the CITY, CVAG, and multiple sources of federal funds. The amended and restated reimbursement agreement between the COUNTY, CITY, and CVAG will be amended once more to secure the appropriate construction funds from CITY and CVAG. The COUNTY, CITY, and Riverside County Transportation Commission (hereinafter “RCTC”) intend to enter into a three-party funding agreement to secure the appropriate federal funds for the PROJECT construction phase.

H. The PARTIES desire to define herein the terms and conditions under which said PROJECT is to be administered, engineered, coordinated, and constructed.

AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows:

SECTION 1 • COUNTY AGREES to:

1. Act as the lead agency on behalf of the CITY for the overall implementation of the PROJECT and perform the required services to complete the construction for this PROJECT. COUNTY will provide services on a reimbursable basis and has no obligation to fund any portion of the PROJECT. Nothing in this Agreement is intended to commit the COUNTY to provide replacement funding for or to continue with the PROJECT, if funds are not available.

2. Direct COUNTY’s contractor to make written applications to CALTRANS and CITY for encroachment permits authorizing entry for the purposes of constructing the PROJECT.

3. Advertise, award, and administer a public works contract for the construction of the PROJECT in accordance with all applicable federal, state or local statutes, ordinances, orders, governmental requirements, laws or regulations, including but not limited to the local agency public construction codes, California Labor Code, and California Public Contract Code, and in accordance with the encroachment permits issued by CALTRANS and CITY.

4. Furnish a representative to perform the function of Resident Engineer during construction of PROJECT.

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5. Furnish qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys, soils and compaction tests, measurement and computation of quantities, testing of construction materials, checking submittals, preparation of estimates and reports, preparation of as-built drawings, and other inspection and staff services necessary to assure that the construction is performed in accordance with the PS&E documents.

6. Construct the PROJECT in accordance with approved Plans, Specifications, and Estimate (PS&E) documents.

7. Provide CITY one complete set of reproducible as-built plans and all contract documents including calculations, estimates, and other documents produced as part of this contract within three hundred sixty -five (365) days after completion and acceptance of t he PROJECT if CITY desires. Electronic copies of completed plans are available if CITY desires. If electronic copies are provided, they will be provided on CD -R media.

8. Furnish a final reconciliation of project expenses within ninety (90) days following the completion and acceptance of the PROJECT construction contract.

9. Follow all state and federal guidelines and procedures associated with grants from the funding sources as shown in Exhibit B (Cost Estimate and Funding Summary).

SECTION 2 • CITY AGREES to:

1. Fund one hundred percent (100%) of the cost of the PROJECT, as shown in Exhibit B (Cost Estimate and Funding Summary), including seeking and securing additional funding as needed.

2. Issue, at no cost to COUNTY or its contractor, upon proper application by COUNTY or COUNTY ’s contractor, an encroachment permit authorizing entry onto CITY right-of-way to complete construction of the PROJECT.

3. Provide at no cost to the COUNTY, oversight of the PROJECT, to provide prompt reviews and approvals, as appropriate, of submittals by COUNTY, and to cooperate in timely processing of the PROJECT .

4. Provide at no cost to COUNTY , a representative to coordinate and assist the COUNTY Resident Engineer during the construction of the PROJECT and to verify facilities are constructed as required by this Agreement.

SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS:

1. The total construction cost of PROJECT is estimated to be $118,375,530 as detailed in Exhibit B (Cost Estimate and Funding Summary).

2. If upon opening of bids for construction of the PROJECT the bids indicate a cost overrun of no more than ten

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percent (10%) of the construction cost estimate will occur, as described in Exhibit B (Cost Estimate and Funding Summary), COUNTY may award the contract.

3. If upon opening of bids it is found that a cost overrun exceeding ten percent (10%) of the construction cost estimate will occur, COUNTY and CITY shall endeavor to agree upon an alternative course of action. If, after fourteen (14) calendar days from the date of bid opening, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent.

4. PARTIES acknowledge and agree that any funding shortfall for the completion of the PROJECT will be the sole responsibility of CITY. Nothing in this Agreement is intended to commit the COUNTY to funding any portion of PROJECT or shall be construed as obligating the COUNTY to provide replacement funding for any anticipated funding or to continue with the PROJECT, if funds are no longer available. In the event that adequate funds are not available to move forward or to complete PROJECT, PARTIES agree to meet and confer and collectively work to identify adequate funding for PROJECT.

5. COUNTY shall not be obligated to award the construction contract for the PROJECT until all funding has been secured and allocated.

6. Construction by COUNTY of improvements for PROJECT shall not be commenced until an Encroachment Permit to COUNTY, or COUNTY's contractor, authorizing such work has been issued by CITY.

7. COUNTY shall cause COUNTY's contractor to maintain in force, until completion and acceptance of the slurry seal improvements, a policy of Commercial Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability, in the amount of $2,000,000 minimum single limit coverage, and a policy of Automobile Liability Insurance in the amount of $1,000,000 minimum. Endorsements to each policy shall be required which name CITY, its officers, agents and employees, as additionally insured. COUNTY shall also require COUNTY's contractor to maintain Worker's Compensation Insurance. COUNTY shall cause COUNTY’s contractor to provide Certificates of Insurance and Additional Insured Endorsements which meet the requirements of this section to CITY prior to the start of construction.

8. Ownership and title to all materials, equipment, and appurtenances installed as part of this Agreement will be automatically vested with the jurisdiction in which the improvements reside, and no further agreement will be necessary to transfer ownership.

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9. CITY shall be responsible for the maintenance of the improvements provided by PROJECT within CITY right of way except as specified in this Agreement or future agreements.

10. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all PARTIES and no oral understanding or agreement not incorporated herein shall be binding on each PARTY hereto.

11. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any act or omission of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any act or omission of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement.

12. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any act or omission of COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability i mposed for injury (as defined by Government Code Section 810.8) occurring by reason of any act or omission of COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement.

13. In the event that CITY defaults in the performance of any of its obligations under this Agreement or materially breaches any of the provisions of this Agreement, the COUNTY shall have the option to terminate this Agreement upon ninety (90) days written notice to CITY.

14. PARTIES shall retain or cause to be retained for audit, all records and accounts relating to the PROJECT for a period of minimum three (3) years from the date of Notice of Completion of the PROJECT .

15. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each PARTY to this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The PARTIES further agree that the electronic signatures of the PARTIES included in this Agreement are intended

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to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person w ith the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signatur e means an electronic identifier, created by computer, intended by the PARTY using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the PARTIES. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.

16. All notices, demands, invoices, and other communications required or permitted hereunder shall be in writing and delivered to the following addresses or such other address as the PARTIES may designate:

COUNTY: CITY:

County of Riverside Transportation Department City of Indio Attn: Dennis Acuna Attn: Timothy Wassil
Director of Transportation Public Works Director
4080 Lemon Street, 8th Floor 100 Civic Center Mall
Riverside, CA 92501 Indio, CA 92201
Phone: (951) 955-6740 Phone: (760) 391-4018
[Signature Page Follows]

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29 APPROVALS
COUNTY Approvals
RECOMMENDED FOR APPROVAL:

MARK LANCASTER
Director of Transportation

APPROVED AS TO FORM:

COUNTY COUNSEL

By______________________________________

DANIELLE MALAND
Deputy County Counsel

APPROVAL BY THE BOARD OF SUPERVISORS

_______________________________________

PRINTED NAME
Chair, Riverside County Board of Supervisors

ATTEST:

______________________ ________________
KIMBERLY A. RECTOR
Clerk of the Board (SEAL)

CITY OF INDIO Approvals
APPROVED BY:

_____________________________________

PRINTED NAME
City Manager

APPROVED AS TO FORM:

_____________________________________

PRINTED NAME
City Attorney

ATTEST:

_____________________________________

PRINTED NAME
City Clerk

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29 EXHIBIT A

VICINITY MAP / SCOPE OF WORK

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29 EXHIBIT B

COST ESTIMATE AND FUNDING SUMMARY

COST ESTIMATE
Cost $ 91,058,100
10% Contingency $ 9,105,810
Overhead $ 18,211,620
Total $ 118,375,530

FUNDING SUMMARY
CVAG (local) $ 55,944,000
City of Indio (local) $ 16,538,000
STIP (federal) $ 14,329,000
STBG (federal) $ 26,232,000
LPP (federal) $ 14,263,000
CPFCDS (federal) $ 2,350,000
Total $ 129,656,000

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Indio City CouncilNovember 6, 2024

Indio City Council
November 6, 2024