Indio City Council
January 15, 2025

City Warrants from 11.23.24 thru 01.06.25 (Ruby D. Walla, Director of Fi... Page 92 of 331 WARRANT REGISTER 11/23/2024-01/06/2025
CHECK
NUMBER

CHECK DATE CHECK TYPE VENDOR
NUMBER

VENDOR NAME ORG ORG DESCRIPTION OBJECT PROJECT AMOUNT
246078 12/19/2024 PRINTED 6666 SC FUELS 605 FLEET MAINTENANCE 531030 1,300.07 $ 246079 12/19/2024 PRINTED 7680 SC FUELS 605 FLEET MAINTENANCE 531030 608.06 $ 246078 12/19/2024 PRINTED 6666 SC FUELS 605 FLEET MAINTENANCE 531030 8,213.28 $ 245841 12/05/2024 PRINTED 6666 SC FUELS 605 FLEET MAINTENANCE 531030 8,588.86 $ 245740 11/27/2024 PRINTED 6666 SC FUELS 605 FLEET MAINTENANCE 531030 8,629.05 $ 245740 11/27/2024 PRINTED 6666 SC FUELS 605 FLEET MAINTENANCE 531030 2,091.80 $ 245728 11/27/2024 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 531033 5.01 $ 245924 12/12/2024 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 531051 1,156.56 $ 246064 12/19/2024 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 531060 (62.48) $ 245924 12/12/2024 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 531060 387.55 $ 245924 12/12/2024 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 531060 34.79 $ 245924 12/12/2024 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 531060 76.09 $ 245924 12/12/2024 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 531060 32.50 $ 245924 12/12/2024 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 531060 24.58 $ 245924 12/12/2024 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 531060 1,050.00 $ 605 Total 189,425.24$
245857 12/05/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 703 2014 ADs Refinance -Debt 521064 1,900.00 $ 703 Total 1,900.00$
246111 12/19/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 707 AD 2004-1 PALAZZO - DEBT 521048 4,000.00 $ 707 Total 4,000.00$
246111 12/19/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 709 AD 2004-1 SHILLS/LBRISAN-DEB 521048 4,000.00 $ 709 Total 4,000.00$
246111 12/19/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 711 AD 2001-1 -DEBT 521048 4,000.00 $ 245970 12/12/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 711 AD 2001-1 -DEBT 521064 219.52 $ 711 Total 4,219.52$
246111 12/19/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 712 AD 2002-1 DEBT 521048 4,000.00 $ 245970 12/12/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 712 AD 2002-1 DEBT 521064 109.76 $ 712 Total 4,109.76$
246111 12/19/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 713 AD 2002-2 -DEBT 521048 4,000.00 $ 245970 12/12/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 713 AD 2002-2 -DEBT 521064 45.68 $ 245970 12/12/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 713 AD 2002-2 -DEBT 521064 109.76 $ 713 Total 4,155.44$
246111 12/19/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 714 AD 2002-3 -DEBT 521048 4,000.00 $ 245970 12/12/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 714 AD 2002-3 -DEBT 521064 109.76 $ 714 Total 4,109.76$
246111 12/19/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 716 AD 2004-3 DESERT TRACE - DEBT 521048 4,000.00 $ 245970 12/12/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 716 AD 2004-3 DESERT TRACE - DEBT 521064 137.04 $ 716 Total 4,137.04$
246111 12/19/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 718 AD 2003-1 -DEBT 521048 4,000.00 $ 245970 12/12/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 718 AD 2003-1 -DEBT 521064 15.68 $ 718 Total 4,015.68$
246111 12/19/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 719 AD 2003-2 -DEBT 521048 4,000.00 $ 719 Total 4,000.00$
246111 12/19/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 720 AD 2003-3 INDIAN PALMS - DEBT 521048 4,000.00 $ 245970 12/12/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 720 AD 2003-3 INDIAN PALMS - DEBT 521064 91.36 $ 245970 12/12/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 720 AD 2003-3 INDIAN PALMS - DEBT 521064 392.00 $ 720 Total 4,483.36$
45 of 46

City Warrants from 11.23.24 thru 01.06.25 (Ruby D. Walla, Director of Fi... Page 93 of 331 WARRANT REGISTER 11/23/2024-01/06/2025
CHECK
NUMBER

CHECK DATE CHECK TYPE VENDOR
NUMBER

VENDOR NAME ORG ORG DESCRIPTION OBJECT PROJECT AMOUNT
246111 12/19/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 723 AD 2003-5 SUNBURST - DEBT 521048 4,000.00 $ 245970 12/12/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 723 AD 2003-5 SUNBURST - DEBT 521064 47.04 $ 723 Total 4,047.04$
246111 12/19/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 724 AD 2003-06 SH MP PH2 -DEBT 521048 4,000.00 $ 245970 12/12/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 724 AD 2003-06 SH MP PH2 -DEBT 521064 45.68 $ 245970 12/12/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 724 AD 2003-06 SH MP PH2 -DEBT 521064 47.04 $ 724 Total 4,092.72$
246111 12/19/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 751 CFD 2005-1 TALAVERA #2 - DEBT 521048 4,000.00 $ 245970 12/12/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 751 CFD 2005-1 TALAVERA #2 - DEBT 521064 45.68 $ 245970 12/12/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 751 CFD 2005-1 TALAVERA #2 - DEBT 521064 125.44 $ 751 Total 4,171.12$
246111 12/19/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 754 CFD 2005-1 TALAVERA #1 -DEBT 521048 4,000.00 $ 245970 12/12/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 754 CFD 2005-1 TALAVERA #1 -DEBT 521064 109.76 $ 754 Total 4,109.76$
245857 12/05/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 756 2014 CFDs Refinance -Debt 521064 1,900.00 $ 756 Total 1,900.00$
246111 12/19/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 758 CFD 2004-3 TERRA LAGO REFI 521048 4,000.00 $ 245970 12/12/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 758 CFD 2004-3 TERRA LAGO REFI 521064 454.72 $ 245970 12/12/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 758 CFD 2004-3 TERRA LAGO REFI 521064 94.08 $ 758 Total 4,548.80$
246111 12/19/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 759 CFD 2006-1 SONORA WELLS -DEBT 521048 4,000.00 $ 245970 12/12/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 759 CFD 2006-1 SONORA WELLS -DEBT 521064 45.68 $ 245970 12/12/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 759 CFD 2006-1 SONORA WELLS -DEBT 521064 78.40 $ 759 Total 4,124.08$
246111 12/19/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 790 CFD 2004-1 PUBLIC SAFETY 521048 4,000.00 $ 245970 12/12/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 790 CFD 2004-1 PUBLIC SAFETY 521064 47.04 $ 790 Total 4,047.04$
246111 12/19/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 791 CFD 2004-2 PUBLIC SAFETY 521048 2,500.00 $ 245970 12/12/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 791 CFD 2004-2 PUBLIC SAFETY 521064 78.40 $ 791 Total 2,578.40$
245857 12/05/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 805 INDIO FINANCING AUTHORITY 521064 1,187.50 $ 805 Total 1,187.50$
246111 12/19/2024 PRINTED 4562 WILLDAN FINANCIAL SERVICES 870 RDA TAX ALLOCATION BONDS 521048 1,662.50 $ 870 Total 1,662.50$
245874 12/12/2024 PRINTED 5201 CITY OF BEAUMONT 875 EASTERN RIVERSIDE IN COM AUTH. 521036 30,000.00 $ 245950 12/12/2024 PRINTED 5122 SLOVAK BARON & EMPEY LLP 875 EASTERN RIVERSIDE IN COM AUTH. 521036 2,500.00 $ 246083 12/19/2024 PRINTED 5122 SLOVAK BARON & EMPEY LLP 875 EASTERN RIVERSIDE IN COM AUTH. 521056 2,500.00 $ 246083 12/19/2024 PRINTED 5122 SLOVAK BARON & EMPEY LLP 875 EASTERN RIVERSIDE IN COM AUTH. 521056 2,500.00 $ 245890 12/12/2024 PRINTED 265 FISHER WIRELESS SERVICE, INC. 875 EASTERN RIVERSIDE IN COM AUTH. 524024 6,354.72 $ 245890 12/12/2024 PRINTED 265 FISHER WIRELESS SERVICE, INC. 875 EASTERN RIVERSIDE IN COM AUTH. 524024 6,354.72 $ 245890 12/12/2024 PRINTED 265 FISHER WIRELESS SERVICE, INC. 875 EASTERN RIVERSIDE IN COM AUTH. 524024 6,354.72 $ 245890 12/12/2024 PRINTED 265 FISHER WIRELESS SERVICE, INC. 875 EASTERN RIVERSIDE IN COM AUTH. 524024 6,354.72 $ 875 Total 62,918.88$
246101 12/19/2024 PRINTED 4854 U .S. BANK "CALCRD" CORP. PMT. SYS. 999 TREASURY FUND 201998 45,246.83 $ 999 Total 45,246.83$
Grand Total 14,550,585.05$
46 of 46

City Warrants from 11.23.24 thru 01.06.25 (Ruby D. Walla, Director of Fi... Page 94 of 331 City of Indio
City Council
January 15, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Ruby D. Walla, Director of Finance
Subject: IWA Warrants from 11.23.2024 to 01.06.2025

RECOMMENDATION:

Receive and File.

ATTACHMENTS:

Attachment 1 - IWA Warrant Register - Period 11.23.24 thru 01.06.25

APPROVAL(S):

Ruby D. Walla, Director of Finance Approved - 06 Jan 2025

AGENDA ITEM #10.4
IWA Warrants from 11.23.2024 to 01.06.2025 (Ruby D. Walla, Director of F... Page 95 of 331 IWA Warrant Register - Period 11/23/24 to 01/06/25

CHECK NUMBER CHECK DATE CHEC K TYPE VENDOR NUMBER VENDOR NAME ORG OBJECT AMOUNT 19741 11/26/2024 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 8106715 531060 53.26 $ 19741 11/26/2024 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 8106715 531060 71.72 $ 19741 11/26/2024 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 8106715 531060 16.15 $ 19741 11/26/2024 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 8106715 531060 56.45 $ 19741 11/26/2024 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 8106715 531060 260.96 $ 19741 11/26/2024 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 8106715 531060 192.49 $ 19742 11/26/2024 PRINTED 6931 BAVCO 8106713 531072 188.20 $ 19743 11/26/2024 PRINTED 7610 BURKERT FLUID CONTROL SYSTEMS 8106712 531060 2,938.36 $ 19744 11/26/2024 PRINTED 7610 BURKERT USA CORPORATION 8106712 531060 2,972.08 $ 19744 11/26/2024 PRINTED 7610 BURKERT USA CORPORATION 8106712 531060 2,972.08 $ 19745 11/26/2024 PRINTED 6907 CORE & MAIN LP 8106713 531054 682.18 $ 19745 11/26/2024 PRINTED 6907 CORE & MAIN LP 8106713 531054 526.35 $ 19745 11/26/2024 PRINTED 6907 CORE & MAIN LP 8106713 531054 407.73 $ 19745 11/26/2024 PRINTED 6907 CORE & MAIN LP 8106713 531054 573.27 $ 19745 11/26/2024 PRINTED 6907 CORE & MAIN LP 8106713 531054 703.15 $ 19745 11/26/2024 PRINTED 6907 CORE & MAIN LP 8106713 531054 165.70 $ 19745 11/26/2024 PRINTED 6907 CORE & MAIN LP 8106713 531054 1,001.78 $ 19745 11/26/2024 PRINTED 6907 CORE & MAIN LP 8106713 531054 255.68 $ 19745 11/26/2024 PRINTED 6907 CORE & MAIN LP 8106713 531054 78.85 $ 19745 11/26/2024 PRINTED 6907 CORE & MAIN LP 8106713 531060 116.73 $ 19746 11/26/2024 PRINTED 6988 DESERT RECREATION DISTRICT 8106711 521068 27.00 $ 19746 11/26/2024 PRINTED 6988 DESERT RECREATION DISTRICT 8106711 521068 27.00 $ 19747 11/26/2024 PRINTED 320 DESERT REDI-MIX 8106713 531054 193.39 $ 19747 11/26/2024 PRINTED 320 DESERT REDI-MIX 8106713 531054 101.72 $ 19747 11/26/2024 PRINTED 320 DESERT REDI-MIX 8106713 531054 437.76 $ 19748 11/26/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 310.25 $ 19748 11/26/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 198.45 $ 19748 11/26/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 9.45 $ 19748 11/26/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 37.80 $ 19748 11/26/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 210.50 $ 19748 11/26/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19749 11/26/2024 PRINTED 292 FERGUSON ENTERPRISES, LLC. # 1350 8106712 531054 21.72 $ 19750 11/26/2024 PRINTED 403 IMPERIAL IRRIGATION DISTRICT 8106712 523012 149.67 $ 19750 11/26/2024 PRINTED 403 IMPERIAL IRRIGATION DISTRICT 8106712 523012 15.44 $ 19750 11/26/2024 PRINTED 403 IMPERIAL IRRIGATION DISTRICT 8106712 523012 16.66 $

IWA Warrants from 11.23.2024 to 01.06.2025 (Ruby D. Walla, Director of F... Page 96 of 331 IWA Warrant Register - Period 11/23/24 to 01/06/25

CHECK NUMBER CHECK DATE CHEC K TYPE VENDOR NUMBER VENDOR NAME ORG OBJECT AMOUNT 19750 11/26/2024 PRINTED 403 IMPERIAL IRRIGATION DISTRICT 8106712 523012 6,977.74 $ 19750 11/26/2024 PRINTED 403 IMPERIAL IRRIGATION DISTRICT 8106712 523012 3,456.87 $ 19750 11/26/2024 PRINTED 403 IMPERIAL IRRIGATION DISTRICT 8106712 523012 7,699.09 $ 19750 11/26/2024 PRINTED 403 IMPERIAL IRRIGATION DISTRICT 8106712 523012 12.34 $ 19750 11/26/2024 PRINTED 403 IMPERIAL IRRIGATION DISTRICT 8106712 523012 17,616.23 $ 19750 11/26/2024 PRINTED 403 IMPERIAL IRRIGATION DISTRICT 8106712 523012 4,076.60 $ 19750 11/26/2024 PRINTED 403 IMPERIAL IRRIGATION DISTRICT 8106712 523012 13,000.97 $ 19750 11/26/2024 PRINTED 403 IMPERIAL IRRIGATION DISTRICT 8106712 523012 1,478.77 $ 19750 11/26/2024 PRINTED 403 IMPERIAL IRRIGATION DISTRICT 8106712 523012 3,907.93 $ 19750 11/26/2024 PRINTED 403 IMPERIAL IRRIGATION DISTRICT 8106712 523012 11,486.61 $ 19750 11/26/2024 PRINTED 403 IMPERIAL IRRIGATION DISTRICT 8106712 523012 372.77 $ 19750 11/26/2024 PRINTED 403 IMPERIAL IRRIGATION DISTRICT 8106712 523012 591.33 $ 19750 11/26/2024 PRINTED 403 IMPERIAL IRRIGATION DISTRICT 8106712 523012 13,329.50 $ 19750 11/26/2024 PRINTED 403 IMPERIAL IRRIGATION DISTRICT 8106712 523012 6,393.66 $ 19750 11/26/2024 PRINTED 403 IMPERIAL IRRIGATION DISTRICT 8106712 523012 14,866.75 $ 19750 11/26/2024 PRINTED 403 IMPERIAL IRRIGATION DISTRICT 8106712 523012 27,299.45 $ 19750 11/26/2024 PRINTED 403 IMPERIAL IRRIGATION DISTRICT 8106712 523012 13,283.27 $ 19750 11/26/2024 PRINTED 403 IMPERIAL IRRIGATION DISTRICT 8106712 523012 29,664.88 $ 19750 11/26/2024 PRINTED 403 IMPERIAL IRRIGATION DISTRICT 8106712 523012 4,942.09 $ 19751 11/26/2024 PRINTED 2125 INFOSEND, INC. 8106714 524022 4,344.18 $ 19751 11/26/2024 PRINTED 2125 INFOSEND, INC. 8106714 524020 14,466.21 $ 19752 11/26/2024 PRINTED 6902 HOVE, JONATHAN DWIGHT 810 210060 335.66 $ 19753 11/26/2024 PRINTED 6952 ERIN WOLTER 8106711 521032 598.00 $ 19754 11/26/2024 PRINTED 6952 IRMA MONDRAGON 8106711 521032 150.00 $ 19755 11/26/2024 PRINTED 6952 JAMES L THURMAN 8106711 521032 2,110.00 $ 19756 11/26/2024 PRINTED 6952 JOHN J MOLITORIS 8106711 521032 300.00 $ 19757 11/26/2024 PRINTED 6952 ROLAND WORSFOLD 8106711 521032 408.00 $ 19758 11/26/2024 PRINTED 5198 NAPA AUTO PARTS 8106713 531054 10.44 $ 19758 11/26/2024 PRINTED 5198 NAPA AUTO PARTS 8106713 531060 2,971.22 $ 19758 11/26/2024 PRINTED 5198 NAPA AUTO PARTS 8106712 531054 17.19 $ 19758 11/26/2024 PRINTED 5198 NAPA AUTO PARTS 8106713 531054 99.04 $ 19758 11/26/2024 PRINTED 5198 NAPA AUTO PARTS 8106712 531054 1,360.45 $ 19758 11/26/2024 PRINTED 5198 NAPA AUTO PARTS 8106713 531072 22.46 $ 19758 11/26/2024 PRINTED 5198 NAPA AUTO PARTS 8106712 531054 17.25 $ 19758 11/26/2024 PRINTED 5198 NAPA AUTO PARTS 8106713 531054 64.99 $

IWA Warrants from 11.23.2024 to 01.06.2025 (Ruby D. Walla, Director of F... Page 97 of 331 IWA Warrant Register - Period 11/23/24 to 01/06/25

CHECK NUMBER CHECK DATE CHEC K TYPE VENDOR NUMBER VENDOR NAME ORG OBJECT AMOUNT 19758 11/26/2024 PRINTED 5198 NAPA AUTO PARTS 8106713 531054 783.09 $ 19758 11/26/2024 PRINTED 5198 NAPA AUTO PARTS 8106712 531054 348.82 $ 19758 11/26/2024 PRINTED 5198 NAPA AUTO PARTS 8106713 531054 5.42 $ 19758 11/26/2024 PRINTED 5198 NAPA AUTO PARTS 8106712 531054 1,133.72 $ 19758 11/26/2024 PRINTED 5198 NAPA AUTO PARTS 8106713 531054 253.97 $ 19758 11/26/2024 PRINTED 5198 NAPA AUTO PARTS 8106713 531072 44.73 $ 19758 11/26/2024 PRINTED 5198 NAPA AUTO PARTS 8106715 555005 4,926.90 $ 19759 11/26/2024 PRINTED 6940 PETTY CASHIER-IWA 8106711 540015 22.00 $ 19759 11/26/2024 PRINTED 6940 PETTY CASHIER-IWA 8106711 540027 19.15 $ 19760 11/26/2024 PRINTED 6997 SIERRA CONTROLS, LLC 8106712 521064 10,150.00 $ 19761 11/26/2024 PRINTED 78 TOPS N BARRICADES 8106713 524024 575.00 $ 19761 11/26/2024 PRINTED 78 TOPS N BARRICADES 8106713 524024 750.00 $ 19761 11/26/2024 PRINTED 78 TOPS N BARRICADES 8106713 524024 750.00 $ 19761 11/26/2024 PRINTED 78 TOPS N BARRICADES 8106713 531057 56.55 $ 19761 11/26/2024 PRINTED 78 TOPS N BARRICADES 8106713 524024 750.00 $ 19761 11/26/2024 PRINTED 78 TOPS N BARRICADES 8106713 524024 750.00 $ 19761 11/26/2024 PRINTED 78 TOPS N BARRICADES 8106713 524024 575.00 $ 19761 11/26/2024 PRINTED 78 TOPS N BARRICADES 8106713 524024 750.00 $ 19761 11/26/2024 PRINTED 78 TOPS N BARRICADES 8106713 524024 650.00 $ 19762 11/26/2024 PRINTED 6911 USA BLUE BOOK 8106713 531060 444.03 $ 19762 11/26/2024 PRINTED 6911 USA BLUE BOOK 8106712 531054 52.17 $ 19762 11/26/2024 PRINTED 6911 USA BLUE BOOK 8106712 531054 448.71 $ 19762 11/26/2024 PRINTED 6911 USA BLUE BOOK 8106712 531054 722.10 $ 19763 11/26/2024 PRINTED 2132 VERIZON WIRELESS 8106712 524006 327.88 $ 19763 11/26/2024 PRINTED 2132 VERIZON WIRELESS 8106715 524006 2,039.95 $ 19764 11/26/2024 PRINTED 7020 WESTERN WATER WORKS SUPPLY CO., INC 8106713 531054 799.59 $ 19765 12/04/2024 PRINTED 4401 4IMPRINT 8106711 540027 2,608.88 $ 19766 12/04/2024 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 8106715 531060 317.54 $ 19766 12/04/2024 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 8106715 531060 40.21 $ 19766 12/04/2024 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 8106715 531060 309.94 $ 19766 12/04/2024 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 8106715 531033 177.10 $ 19766 12/04/2024 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 8106715 531033 271.82 $ 19767 12/04/2024 PRINTED 7600 CA CONSULTING SERVICES LLC 812 554002 450.00 $ 19767 12/04/2024 PRINTED 7600 CA CONSULTING SERVICES LLC 8106714 521064 225.00 $ 19767 12/04/2024 PRINTED 7600 CA CONSULTING SERVICES LLC 8106711 521064 4,725.00 $

IWA Warrants from 11.23.2024 to 01.06.2025 (Ruby D. Walla, Director of F... Page 98 of 331 IWA Warrant Register - Period 11/23/24 to 01/06/25

CHECK NUMBER CHECK DATE CHEC K TYPE VENDOR NUMBER VENDOR NAME ORG OBJECT AMOUNT 19767 12/04/2024 PRINTED 7600 CA CONSULTING SERVICES LLC 8106716 521064 5,775.00 $ 19768 12/04/2024 PRINTED 603 CDW GOVERNMENT 8106715 531060 99.95 $ 19768 12/04/2024 PRINTED 603 CDW GOVERNMENT 8106715 555011 1,779.56 $ 19769 12/04/2024 PRINTED 8462 CINTAS CORPORATION NO. 698 8106711 531033 339.58 $ 19770 12/04/2024 PRINTED 7792 DESERT HOSE AND SUPPLY 8106713 531054 63.39 $ 19771 12/04/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 529.20 $ 19771 12/04/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 21.00 $ 19771 12/04/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 198.45 $ 19771 12/04/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19771 12/04/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 252.50 $ 19771 12/04/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19771 12/04/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19771 12/04/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19771 12/04/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19771 12/04/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19771 12/04/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19771 12/04/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 9.45 $ 19771 12/04/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 9.45 $ 19771 12/04/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 18.90 $ 19771 12/04/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 111.35 $ 19771 12/04/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19772 12/04/2024 PRINTED 4470 EXCEL LANDSCAPE, INC. 8106712 523015 625.00 $ 19772 12/04/2024 PRINTED 4470 EXCEL LANDSCAPE, INC. 8106712 523015 475.00 $ 19773 12/04/2024 PRINTED 292 FERGUSON ENTERPRISES, LLC. # 1350 8106712 531054 50.37 $ 19773 12/04/2024 PRINTED 292 FERGUSON ENTERPRISES, LLC. # 1350 812 554002 9,510.19 $ 19773 12/04/2024 PRINTED 292 FERGUSON ENTERPRISES, LLC. # 1350 8106713 531054 9,695.23 $ 19773 12/04/2024 PRINTED 292 FERGUSON ENTERPRISES, LLC. # 1350 812 554002 1,212.56 $ 19773 12/04/2024 PRINTED 292 FERGUSON ENTERPRISES, LLC. # 1350 812 554002 13,486.16 $ 19774 12/04/2024 PRINTED 6225 FRONTIER CALIFORNIA, INC 8106715 524026 165.99 $ 19775 12/04/2024 PRINTED 8752 G&A NELOS CONSTRUCTION, INC 812 554002 42,218.56 $ 19776 12/04/2024 PRINTED 7088 HARRINGTON INDUSTRIAL PLASTICS LLC 8106712 531054 2,275.75 $ 19777 12/04/2024 PRINTED 7058 HASA, INC. 8106712 531009 502.62 $ 19777 12/04/2024 PRINTED 7058 HASA, INC. 8106712 531009 753.94 $ 19777 12/04/2024 PRINTED 7058 HASA, INC. 8106712 531009 502.62 $ 19777 12/04/2024 PRINTED 7058 HASA, INC. 8106712 531009 1,005.25 $

IWA Warrants from 11.23.2024 to 01.06.2025 (Ruby D. Walla, Director of F... Page 99 of 331 IWA Warrant Register - Period 11/23/24 to 01/06/25

CHECK NUMBER CHECK DATE CHEC K TYPE VENDOR NUMBER VENDOR NAME ORG OBJECT AMOUNT 19777 12/04/2024 PRINTED 7058 HASA, INC. 8106712 531009 753.94 $ 19777 12/04/2024 PRINTED 7058 HASA, INC. 8106712 531009 628.28 $ 19777 12/04/2024 PRINTED 7058 HASA, INC. 8106712 531009 628.28 $ 19778 12/04/2024 PRINTED 2125 INFOSEND, INC. 8106714 524022 121.76 $ 19778 12/04/2024 PRINTED 2125 INFOSEND, INC. 8106714 524020 321.15 $ 19779 12/04/2024 PRINTED 7937 MARTIN MARIETTA MATERIALS, INC. 8106713 531054 1,229.33 $ 19780 12/04/2024 PRINTED 6982 MCDONALD ELECTRIC, INC. 8106712 523015 817.42 $ 19781 12/04/2024 PRINTED 6952 FRED M DILLARD 8106711 521032 150.00 $ 19782 12/04/2024 PRINTED 6952 KYLE GRIMES 8106711 521032 117.43 $ 19782 12/04/2024 PRINTED 6952 KYLE GRIMES 8106711 521032 894.00 $ 19783 12/04/2024 PRINTED 6952 TRISTA GARRETT 8106711 521032 150.00 $ 19784 12/04/2024 PRINTED 5198 NAPA AUTO PARTS 8106713 531060 160.12 $ 19784 12/04/2024 PRINTED 5198 NAPA AUTO PARTS 8106725 555003 1,531.16 $ 19785 12/04/2024 PRINTED 7011 PALMS TO PINES PRINTING & PROMOTIONAL PRODUCTS 8106711 540027 1,304.08 $ 19786 12/04/2024 PRINTED 8663 PEGASUS TRANSTECH, LLC 8106715 531018 1,186.95 $ 19787 12/04/2024 PRINTED 6940 PETTY CASHIER-IWA 8106711 540027 185.01 $ 19787 12/04/2024 PRINTED 6940 PETTY CASHIER-IWA 8106711 540015 38.50 $ 19788 12/04/2024 PRINTED 7065 PHIBRO-TECH INC 8106712 521064 5,044.39 $ 19789 12/04/2024 PRINTED 6912 PITNEY BOWES 8106715 531033 122.27 $ 19790 12/04/2024 PRINTED 6493 SOUTH COAST COPY SYSTEMS 8106715 524024 154.94 $ 19791 12/04/2024 PRINTED 7007 STATE WATER RESCOURCES CONTROL BRD 8106716 521068 50.00 $ 19791 12/04/2024 PRINTED 7007 STATE WATER RESCOURCES CONTROL BRD 8106716 521068 50.00 $ 19791 12/04/2024 PRINTED 7007 STATE WATER RESCOURCES CONTROL BRD 8106716 521068 50.00 $ 19791 12/04/2024 PRINTED 7007 STATE WATER RESCOURCES CONTROL BRD 8106716 521068 50.00 $ 19791 12/04/2024 PRINTED 7007 STATE WATER RESCOURCES CONTROL BRD 8106716 521068 50.00 $ 19791 12/04/2024 PRINTED 7007 STATE WATER RESCOURCES CONTROL BRD 8106716 521068 50.00 $ 19791 12/04/2024 PRINTED 7007 STATE WATER RESCOURCES CONTROL BRD 8106716 521068 50.00 $ 19791 12/04/2024 PRINTED 7007 STATE WATER RESCOURCES CONTROL BRD 8106716 521068 50.00 $ 19791 12/04/2024 PRINTED 7007 STATE WATER RESCOURCES CONTROL BRD 8106716 521068 50.00 $ 19791 12/04/2024 PRINTED 7007 STATE WATER RESCOURCES CONTROL BRD 8106716 521068 50.00 $ 19791 12/04/2024 PRINTED 7007 STATE WATER RESCOURCES CONTROL BRD 8106716 521068 50.00 $ 19791 12/04/2024 PRINTED 7007 STATE WATER RESCOURCES CONTROL BRD 8106716 521068 50.00 $ 19791 12/04/2024 PRINTED 7007 STATE WATER RESCOURCES CONTROL BRD 8106712 521068 50.00 $ 19791 12/04/2024 PRINTED 7007 STATE WATER RESCOURCES CONTROL BRD 8106716 521068 50.00 $ 19791 12/04/2024 PRINTED 7007 STATE WATER RESCOURCES CONTROL BRD 8106716 521068 50.00 $

IWA Warrants from 11.23.2024 to 01.06.2025 (Ruby D. Walla, Director of F... Page 100 of 331 IWA Warrant Register - Period 11/23/24 to 01/06/25

CHECK NUMBER CHECK DATE CHEC K TYPE VENDOR NUMBER VENDOR NAME ORG OBJECT AMOUNT 19791 12/04/2024 PRINTED 7007 STATE WATER RESCOURCES CONTROL BRD 8106716 521068 50.00 $ 19791 12/04/2024 PRINTED 7007 STATE WATER RESCOURCES CONTROL BRD 8106716 521068 50.00 $ 19791 12/04/2024 PRINTED 7007 STATE WATER RESCOURCES CONTROL BRD 8106716 521068 50.00 $ 19792 12/04/2024 PRINTED 415 UNDERGROUND SERVICE ALERT 8106713 521068 86.74 $ 19792 12/04/2024 PRINTED 415 UNDERGROUND SERVICE ALERT 8106713 521068 289.35 $ 19793 12/04/2024 PRINTED 2132 VERIZON WIRELESS 8106712 524006 436.00 $ 19793 12/04/2024 PRINTED 2132 VERIZON WIRELESS 8106715 524006 2,520.06 $ 19794 12/12/2024 PRINTED 8085 MAYITOS HOT DOGS 8106711 540015 2,500.00 $ 19795 12/12/2024 PRINTED 6952 KELLY GRIMES 8106711 521032 873.75 $ 19796 12/12/2024 PRINTED 7097 STATEWIDE SERVICES, INC 8106711 521032 4,330.00 $ 19796 12/12/2024 PRINTED 7097 STATEWIDE SERVICES, INC 8106711 521032 26,245.00 $ 19797 12/18/2024 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 8106715 531060 43.49 $ 19797 12/18/2024 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 8106715 531060 39.15 $ 19797 12/18/2024 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 8106715 531060 20.35 $ 19797 12/18/2024 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 8106715 531060 10.78 $ 19797 12/18/2024 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 8106715 531060 77.19 $ 19797 12/18/2024 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 8106715 531060 419.76 $ 19797 12/18/2024 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 8106715 531060 505.06 $ 19797 12/18/2024 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 8106715 531033 108.74 $ 19797 12/18/2024 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 8106715 531060 80.48 $ 19798 12/18/2024 PRINTED 8190 BLUE-WHITE INDUSTRIES 8106712 531054 383.00 $ 19799 12/18/2024 PRINTED 248 BRINKS, INC. 8106714 521016 1,803.37 $ 19800 12/18/2024 PRINTED 575 COACHELLA VALLEY WATER 8106711 521089 124,224.34 $ 19801 12/18/2024 PRINTED 6907 CORE & MAIN LP 8106713 531054 625.32 $ 19801 12/18/2024 PRINTED 6907 CORE & MAIN LP 8106713 531054 2,606.30 $ 19801 12/18/2024 PRINTED 6907 CORE & MAIN LP 8106713 531054 2,775.19 $ 19802 12/18/2024 PRINTED 7102 DATUMPIN INC. 8106712 521064 2,880.00 $ 19803 12/18/2024 PRINTED 39 DESERT ELECTRIC SUPPLY 8106712 531054 58.04 $ 19804 12/18/2024 PRINTED 320 DESERT REDI-MIX 8106713 531054 363.88 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 31.50 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 15.75 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 639.45 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 215.75 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 252.50 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 9.45 $

IWA Warrants from 11.23.2024 to 01.06.2025 (Ruby D. Walla, Director of F... Page 101 of 331 IWA Warrant Register - Period 11/23/24 to 01/06/25

CHECK NUMBER CHECK DATE CHEC K TYPE VENDOR NUMBER VENDOR NAME ORG OBJECT AMOUNT 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 47.25 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 247.25 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 18.90 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 218.90 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 56.70 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 28.35 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 110.25 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 110.25 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 310.25 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 105.00 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 105.00 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 110.25 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 21.00 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 126.00 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 10.50 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 252.50 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 52.50 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 9.45 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 198.45 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 47.25 $ 19805 12/18/2024 PRINTED 6981 EUROFINS EATON ANALYTICAL 8106712 521064 37.80 $ 19806 12/18/2024 PRINTED 292 FERGUSON ENTERPRISES, LLC. # 1350 8106713 531054 28.35 $

IWA Warrants from 11.23.2024 to 01.06.2025 (Ruby D. Walla, Director of F... Page 102 of 331 IWA Warrant Register - Period 11/23/24 to 01/06/25

CHECK NUMBER CHECK DATE CHEC K TYPE VENDOR NUMBER VENDOR NAME ORG OBJECT AMOUNT 19806 12/18/2024 PRINTED 292 FERGUSON ENTERPRISES, LLC. # 1350 8106713 531054 37.89 $ 19806 12/18/2024 PRINTED 292 FERGUSON ENTERPRISES, LLC. # 1350 812 554002 15,064.32 $ 19806 12/18/2024 PRINTED 292 FERGUSON ENTERPRISES, LLC. # 1350 8106715 531018 66,746.08 $ 19806 12/18/2024 PRINTED 292 FERGUSON ENTERPRISES, LLC. # 1350 8106713 531054 368.87 $ 19806 12/18/2024 PRINTED 292 FERGUSON ENTERPRISES, LLC. # 1350 8106713 531054 566.29 $ 19807 12/18/2024 PRINTED 6990 GMC ELECTRICAL, INC. 8106712 523015 2,550.00 $ 19808 12/18/2024 PRINTED 7058 HASA, INC. 8106712 531009 376.97 $ 19808 12/18/2024 PRINTED 7058 HASA, INC. 8106712 531009 314.14 $ 19808 12/18/2024 PRINTED 7058 HASA, INC. 8106712 531009 502.62 $ 19808 12/18/2024 PRINTED 7058 HASA, INC. 8106712 531009 502.62 $ 19808 12/18/2024 PRINTED 7058 HASA, INC. 8106712 531009 502.62 $ 19808 12/18/2024 PRINTED 7058 HASA, INC. 8106712 531009 502.62 $ 19808 12/18/2024 PRINTED 7058 HASA, INC. 8106712 531009 1,005.25 $ 19808 12/18/2024 PRINTED 7058 HASA, INC. 8106712 531009 404.61 $ 19808 12/18/2024 PRINTED 7058 HASA, INC. 8106712 531009 613.20 $ 19808 12/18/2024 PRINTED 7058 HASA, INC. 8106712 531009 1,223.89 $ 19808 12/18/2024 PRINTED 7058 HASA, INC. 8106712 531009 967.55 $ 19808 12/18/2024 PRINTED 7058 HASA, INC. 8106712 531009 472.47 $ 19808 12/18/2024 PRINTED 7058 HASA, INC. 8106712 531009 1,005.25 $ 19808 12/18/2024 PRINTED 7058 HASA, INC. 8106712 531009 185.97 $ 19808 12/18/2024 PRINTED 7058 HASA, INC. 8106712 531009 1,105.77 $ 19808 12/18/2024 PRINTED 7058 HASA, INC. 8106712 531009 316.65 $ 19809 12/18/2024 PRINTED 101 HOME DEPOT CREDIT SERVICES 8106712 531054 957.15 $ 19809 12/18/2024 PRINTED 101 HOME DEPOT CREDIT SERVICES 8106713 531060 120.62 $ 19809 12/18/2024 PRINTED 101 HOME DEPOT CREDIT SERVICES 8106712 531060 132.68 $ 19809 12/18/2024 PRINTED 101 HOME DEPOT CREDIT SERVICES 8106712 531054 85.39 $ 19810 12/18/2024 PRINTED 8474 IB CONSULTING, LLC 8106714 521064 705.00 $ 19811 12/18/2024 PRINTED 2125 INFOSEND, INC. 8106714 524022 4,293.21 $ 19811 12/18/2024 PRINTED 2125 INFOSEND, INC. 8106714 524020 14,382.75 $ 19811 12/18/2024 PRINTED 2125 INFOSEND, INC. 8106714 524022 549.50 $ 19812 12/18/2024 PRINTED 8665 LESLIE M ZARYCHTA 8106715 531018 2,100.00 $ 19813 12/18/2024 PRINTED 7324 MARIPOSA LANDSCAPES, INC 8106712 523015 5,681.28 $ 19814 12/18/2024 PRINTED 7937 MARTIN MARIETTA MATERIALS, INC. 8106713 531054 1,173.51 $ 19814 12/18/2024 PRINTED 7937 MARTIN MARIETTA MATERIALS, INC. 8106713 531054 402.56 $ 19814 12/18/2024 PRINTED 7937 MARTIN MARIETTA MATERIALS, INC. 8106713 531054 989.26 $

IWA Warrants from 11.23.2024 to 01.06.2025 (Ruby D. Walla, Director of F... Page 103 of 331 IWA Warrant Register - Period 11/23/24 to 01/06/25

CHECK NUMBER CHECK DATE CHEC K TYPE VENDOR NUMBER VENDOR NAME ORG OBJECT AMOUNT 19815 12/18/2024 PRINTED 6952 82158 KEITEL LLC 8106711 521032 1,500.00 $ 19815 12/18/2024 PRINTED 6952 82158 KEITEL LLC 8106711 521032 5,356.00 $ 19816 12/18/2024 PRINTED 6952 FRANCINE ARCHULETA 8106711 521032 258.15 $ 19817 12/18/2024 PRINTED 6952 HAROLD BORLAND 8106711 521032 223.88 $ 19818 12/18/2024 PRINTED 6952 INDIO MEDICAL BUIL DING OWNERS ASSOCIATION 8106711 521032 6,586.00 $ 19819 12/18/2024 PRINTED 6952 JOSE HURTADO 8106711 521032 150.00 $ 19820 12/18/2024 PRINTED 6952 JULANNE SANDOZ 8106711 521032 2,096.00 $ 19821 12/18/2024 PRINTED 6952 MOHAMED M ALWISHAH 8106711 521032 150.00 $ 19822 12/18/2024 PRINTED 5198 NAPA AUTO PARTS 8106713 531060 3.09 $ 19822 12/18/2024 PRINTED 5198 NAPA AUTO PARTS 8106713 531060 153.24 $ 19823 12/18/2024 PRINTED 6822 ONYX PAVING COMPANY INC 8106713 523015 45,230.00 $ 19824 12/18/2024 PRINTED 6912 PITNEY BOWES 810 103045 5.70 $ 19824 12/18/2024 PRINTED 6912 PITNEY BOWES 8106715 524024 22.80 $ 19825 12/18/2024 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 8106716 531057 181.78 $ 19825 12/18/2024 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 8106713 531057 1,285.37 $ 19825 12/18/2024 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 8106712 531057 1,285.38 $ 19825 12/18/2024 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 8106716 531057 200.98 $ 19825 12/18/2024 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 8106713 531057 347.37 $ 19825 12/18/2024 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 8106712 531057 347.37 $ 19826 12/18/2024 PRINTED 6997 SIERRA CONTROLS, LLC 8106712 521064 7,492.50 $ 19827 12/18/2024 PRINTED 76 SMITH PIPE & SUPPLY 8106712 531060 66.70 $ 19827 12/18/2024 PRINTED 76 SMITH PIPE & SUPPLY 8106712 531054 40.11 $ 19828 12/18/2024 PRINTED 78 TOPS N BARRICADES 8106712 531057 43.50 $ 19828 12/18/2024 PRINTED 78 TOPS N BARRICADES 8106713 524024 750.00 $ 19829 12/18/2024 PRINTED 8771 TRKR HOLDINGS INC DBA 8106712 523015 225.00 $ 19830 12/18/2024 PRINTED 6911 USA BLUE BOOK 8106712 531057 84.56 $ 19830 12/18/2024 PRINTED 6911 USA BLUE BOOK 8106713 531060 451.84 $ 19831 12/18/2024 PRINTED 7020 WESTERN WATER WORKS SUPPLY CO., INC 8106713 531072 893.11 $ 19832 12/18/2024 PRINTED 7037 WHITE CAP 8106713 531054 204.88 $ 19832 12/18/2024 PRINTED 7037 WHITE CAP 8106713 531054 40.98 $ 19832 12/18/2024 PRINTED 7037 WHITE CAP 8106713 531057 156.34 $ Total 750,720.30 $

IWA Warrants from 11.23.2024 to 01.06.2025 (Ruby D. Walla, Director of F... Page 104 of 331 City of Indio
City Council
January 15, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Ruby D. Walla, Director of Finance
Conflict: No
Subject: Developer mitigation fee reporting requirements pursuant to government code section 66006.

RECOMMENDATION:

Receive and file the Annual Developer Impact Fee Report submitted for the Fiscal Year 2023-24.

SUMMARY:

California Government Code Section 66006 requires that an accounting of mitigation fees paid by developers be made public and that project related expenditures be reviewed at a regularly scheduled public meeting. Additionally, the Desert Valley Builders Association (DVBA) and Southern California Gas Company (So Cal Gas) have requested that the city provide a report identifying expenditures made from development mitigation fees to ensure the city is in compliance with AB1600. Accordingly, copies of the City’s AB1600 reports for the fiscal year ending June 30, 2024 were provided to the Desert Valleys Builders Association (DVBA) and the Southern California Gas Company (So Cal Gas).

BACKGROUND INFORMATION:

In 1989, AB1600 was codified as Section 66000 of the Government Code. AB1600 added a new chapter to the Government Code on fees collected for capital improvement projects. The chapter sets forth a number of requirements that local agencies must follow if they are to collect mitigation fees from developers.

Section 66006 mandates the fee reporting requirements that local agencies must adhere to each fiscal year. Staff compiles the expenditure data and prepares a report of expenditures paid from the mitigation fees and interest accrued on those fees (attached). Each report covers the fiscal year ending June 30, 2024. The city has complied with the following eight reporting requirements for mitigation fees:

1. Create separate capital improvement funds or accounts for each improvement funded with mitigation fees, Government Code Section 66006 a.

2. Remit all interest income earned by the fees to the same fund; interest income must be spent solely on the purpose for which the fee was originally collected, Section 66006 a.

AGENDA ITEM #10.5
Developer mitigation fee reporting requirements pursuant to Government C... Page 105 of 331

3. Within 180 days after the close of each fiscal year, prepare a public report concerning each mitigation fee fund. The report must include the fund’s beginning and ending balance for the fiscal year, amount of fees and interest deposited into the fund for the fiscal year, and a description of each expenditure from the fund for that year, including identification of the improvement being funded with the fee, Section 66006 a.

4. Review these reports at public meetings not less than 15 days after the report‘s release to the public, Section 66006 (b) (2).

5. If mitigation fees remain unexpended or uncommitted for five years after being collected, the local agency is to make a finding that there remains a reasonable relationship between the current need for the fees and the purpose for which they were originally charged, Section 66001 (d).

6. Refund to current owners or developers fees collected with accrued interest, for which a continued need for the fees cannot be demonstrated (Section 66001 (f).

7. A local agency must not commingle mitigation fees with any other revenue, except for temporary investment purposes, Section 66006 (a).

8. Local agency may not spend mitigation fees for maintenance or operation of improvements funded with mitigation fees, Section 65913.8.

ATTACHMENTS:

Attachment No. 1 - 311 Storm Drain Facilities Fees
Attachment No. 2 - 312 Roads & Bridges Facilities Fees
Attachment No. 3 - 313 Traffic Signals Facilities Fees
Attachment No. 4 - 314 Parks & Recreation Facilities Fees Attachment No. 5 - 315 Buildings Facilities Fees
Attachment No. 6 - 316 Police Facilities Fees
Attachment No. 7 - 317 Fire Facilities Fees
Attachment No. 8 - 310 Water Facilities Fees
Attachment No. 9 - 321 Supplemental Water Supply Fees

APPROVAL(S):

Ruby D. Walla, Director of Finance Approved - 08 Jan 2025 Steven Graham Pacifico, City Attorney Approved - 09 Jan 2025 Bryan H. Montgomery, City Manager Approved - 09 Jan 2025

Developer mitigation fee reporting requirements pursuant to Government C... Page 106 of 331 AB1600 Report
City of Indio, California Attachment No. 1
Storm Drain Storm Drain 311
Government Code 66000 Calculation
FYE 6/30/2024
August 1 2006 January 17 2022
Residential - Single Family Per gross acre 8,961 2,764 Residential - Condo/Townhouse Per gross acre 11,201 4,146 Residential - Apartment Per gross acre 15,682 4,146 Residential - Mobile Home Per gross acre 11,201 2,764 Commercial -Retail Per gross acre 20,162 4,976 Commercial - Office Per gross acre 20,162 4,976 Industrial Per gross acre 20,161 4,976 The Fee is payable when the building permit is issued.

Beginning Ending
Account Description Fund Balance FY 2024 Fund Balance
Revenues & Other Sources:

Interest Earnings 99,445
Development Impact Fees 446,528
Intergovernmental/Other Agencies 2,653
Total Sources 548,626
Expenditures & Other Uses:

Capital Projects 68,721
Project Administration/Internal Engineering 0
Total Uses 68,721
Total Available 1,906,157 $ 479,905 $ 2,386,062 $ Five Year Test-Unsing First In First Out Method Amount
DIF Collected
2020 296,667
2021 634,056
2022 1,044,192
2023 421,488
2024 446,528
Total DIF Revenue For Last Five Years 2,842,932 $
Result : Five Year Spent Test Met in accordance with Government Code 66001 as there continues to be a reasonable relationship between the fee and the purpose for which it was adopted.

FY 2024 Capital Improvement Expenditures FY Actuals
Ave 44 Bridge 9,727
Civic Center Storm Drain Program 58,994
Project Administration/Internal Engineering 0
Total 68,721 $
FY 2025 Planned Capital Improvement Expenditures DIF Share DIF FY Funding % FY Budget Total Project Total Project
Funding %
Avenue 50 Widening (Jefferson - Jackson) 1,000,000 16% 6,436,393 29,750,000 3% Jackson Street and Avenue 50 Improvements 1,096,824 14% 7,936,005 26,637,378 4% Total 2,096,824 $ 15% 14,372,398 $ 93,946,094 $ (A) Funding percentage is subject to change, based on actual DIF revenues received (B) No refunds were made pursuant to subdivision '(e) of Section 66001.

Development Type Unit
Effective Date

Developer mitigation fee reporting requirements pursuant to Government C... Page 107 of 331 AB1600 Report
City of Indio, California Attachment No. 2
Roads & Bridges Roads & Bridges 312
Government Code 66000 Calculation
FYE 6/30/2024
August 1 2006 January 16 2022
Residential - Single Family DU 1,374 2,451 Residential - Condo/Townhouse DU 816 1,386 Residential - Apartment DU 844 1,386 Residential - Mobile Home DU 816 1,139 Commercial -Retail KSF 3,827 9,432
Commercial - Office KSF 1,520 2,847 Industrial KSF 1,000 1,560
DU = dwelling unit; KSF = 1,000 gross sq ft of building area The Fee is payable when the building permit is issued.

Beginning Ending
Account Description Fund Balance FY 2024 Fund Balance
Revenues & Other Sources:

Interest Earnings 103,312
Development Impact Fees 1,002,337
Intergovernmental/Other Agencies 285,408
Total Sources 1,391,057
Expenditures & Other Uses:

Capital Projects 379,253
Project Administration/Internal Engineering 0
Prior Year Adjustment
Total Uses 379,253
Total Available 2,290,448 $ 1,011,804 $ 3,302,252 $ Five Year Test-Unsing First In First Out Method Amount
DIF Collected
2020 383,750
2021 465,634
2022 877,147
2023 800,707
2024 1,002,337
Total Revenue For Last Five Years 3,529,576 $
Result : Five Year Spent Test Met in accordance with Government Code 66001 as there continues to be a reasonable relationship between the fee and the purpose for which it was adopted.

FY 2024 Capital Improvement Expenditures FY Actuals
Ave 50 Widening (Jefferson - Jackson) 376,622
Madison Street Improvements (Ave 48 - Hwy 111) 2,630
0 Total 379,253
FY 2025 Planned Capital Improvement Expenditures DIF Share DIF FY Funding % FY Budget Total Project Total Project
Funding %
Avenue 50 Widening (Jefferson - Jackson) 736,806 11% 6,436,393 29,750,000 2.48% Avenue 52 Improvements (Monroe - Madison) 421,177 46% 921,177 5,120,000 8.23% Ave 44 Bridge 623,686 3% 21,147,274 35,397,679 1.76%
Jefferson Street Widening (Ave 38 - Ave 40) 68,250 33% 204,750 17,853,000 0.38% Jackson Street and Avenue 50 Improvements 50,000 1% 7,936,005 26,637,378 0.19% Total 1,899,919 $ 36,645,599 $ 114,758,057 $ (A) Funding percentage is subject to change, based on actual DIF revenues received (B) No refunds were made pursuant to subdivision '(e) of Section 66001.

Development Type Unit
Effective Date

Developer mitigation fee reporting requirements pursuant to Government C... Page 108 of 331 AB1600 Report
City of Indio, California Attachment No. 3
Traffic Signals Traffic Signals 313
Government Code 66000 Calculation
FYE 6/30/2024
August 1 2006 January 17 2022
Residential - Single Family DU 262 302 Residential - Condo/Townhouse DU 155 171 Residential - Apartment DU 161 171 Residential - Mobile Home DU 155 140 Commercial -Retail KSF 971 1,163 Commercial - Office KSF 386 351 Industrial KSF 254 192
DU = dwelling unit; KSF = 1,000 gross sq ft of building area The Fee is payable when the building permit is issued.

Beginning Ending
Account Description Fund Balance FY 2024 Fund Balance
Revenues & Other Sources:

Interest Earnings 23,699
Development Impact Fees 159,782
Intergovernmental/Other Agencies 1,500
Developer Payment 0
Total Sources 184,981
Expenditures & Other Uses:

Capital Projects 50,052
Project Administration/Internal Engineering 0
Prior Year Adjustment
Total Uses 50,052
Total Available 85,799 $ 134,929 $ 220,728 $ Five Year Test-Unsing First In First Out Method Amount
DIF Collected
2020 89,376
2021 90,596
2022 183,598
2023 165,128
2024 159,782
Total Revenue For Last Five Years 688,480 $
Result : Five Year Spent Test Met in accordance with Government Code 66001 as there continues to be a reasonable relationship between the fee and the purpose for which it was adopted.

FY 2024 Capital Improvement Expenditures FY Actuals
Avenue 44 and Lago Vista Traffic Signal 50,052
Project Administration/Internal Engineering 0
Total 50,052 $
FY 2025 Planned Capital Improvement Expenditures DIF Share DIF FY Funding % FY Budget Total Project Total Project
Funding %
Jackson Street and Avenue 50 Improvements 161,000 2.03% 7,936,005 26,637,378 0.60% Total 161,000 $ 2.03% 7,936,005 $ 26,637,378 $ 0.60% (A) Funding percentage is subject to change, based on actual DIF revenues received (B) No refunds were made pursuant to subdivision '(e) of Section 66001.

Development Type Unit
Effective Date

Developer mitigation fee reporting requirements pursuant to Government C... Page 109 of 331 AB1600 Report
City of Indio, California Attachment No. 4
Parks & Recreation Parks & Recreation 314
Government Code 66000 Calculation
FYE 6/30/2024
August 1 2006 January 17 2022
Residential - Single Family DU 4,227 2,972 Residential - Condo/Townhouse DU 3,303 2,625 Residential - Apartment DU 2,774 2,625 Residential - Mobile Home DU 3,303 2,774 Commercial -Retail N/A - - Commercial - Office N/A - - Industrial N/A - -
DU = dwelling unit; KSF = 1,000 gross sq ft of building area The Fee is payable when the building permit is issued.

Beginning Ending
Account Description Fund Balance FY 2024 Fund Balance
Revenues & Other Sources:

Interest Earnings 127,015
Development Impact Fees 940,882
Total Sources 1,067,897
Expenditures & Other Uses:

Debt Service Payment (Lease Revenue Park Bond) 1,236,773 Total Uses 1,236,773
Total Available 1,970,668 $ (168,877) $ 1,801,791 $ Five Year Test-Unsing First In First Out Method Amount
DIF Collected
2020 954,617
2021 1,276,641
2022 1,744,314
2023 1,676,980
2024 940,882
Total Revenue For Last Five Years 6,593,434 $
Result : Five Year Spent Test Met in accordance with Government Code 66001 as there continues to be a reasonable relationship between the fee and the purpose for which it was adopted.

FY 2024 Capital Improvement Expenditures FY Actuals
Debt Service Payment (Lease Revenue Parks Bond ) 1,236,773 Total 1,236,773 $
FY 2025 Planned Capital Improvement Expenditures DIF Share FY Budget Total Project Debt Service Payment (Lease Revenue Parks Bond ) 1,236,773 N/A N/A Total 1,236,773 $ - $
(A) Funding percentage is subject to change, based on actual DIF revenues received (B) No refunds were made pursuant to subdivision '(e) of Section 66001.

Development Type Unit
Effective Date

Developer mitigation fee reporting requirements pursuant to Government C... Page 110 of 331 AB1600 Report
City of Indio, California Attachment No. 5
Buildings Buildings 315
Government Code 66000 Calculation
FYE 6/30/2024
Development Type Unit August 1 2006 January 17 2022
Residential - Single Family DU 1,979 1,968 Residential - Condo/Townhouse DU 1,546 1,739 Residential - Apartment DU 1,299 1,739 Residential - Mobile Home DU 1,546 1,837 Commercial -Retail KSF 625 2,887 Commercial - Office KSF 142 2,109 Industrial KSF 649 773
DU = dwelling unit; KSF = 1,000 gross sq ft of building area The Fee is payable when the building permit is issued.

Beginning Ending
Account Description Fund Balance FY 2024 Fund Balance
Revenues & Other Sources:

Interest Earnings 63,135
Development Impact Fees 637,706
Total Sources 700,841
Expenditures & Other Uses:

Debt Service Payment (Lease Revenue Buildings Bond) 1,120,218 Total Uses 1,120,218
Total Available 1,112,816 $ (419,377) $ 693,438 $ Five Year Test-Unsing First In First Out Method Amount
DIF Collected
2020 426,571
2021 618,717
2022 885,700
2023 887,002
2024 637,706
Total Revenue For Last Five Years 3,455,696 $
Result : Five Year Spent Test Met in accordance with Government Code 66001 as there continues to be a reasonable relationship between the fee and the purpose for which it was adopted.

FY 2024 Capital Improvement Expenditures FY Actuals
Debt Service Payment (Lease Revenue Building Bond) 1,120,218 Total 1,120,218 $
FY 2025 Planned Capital Improvement Expenditures DIF Share FY Budget Total Project Debt Service Payment (Lease Revenue Building Bond) 1,120,218 N/A N/A Total 1,120,218 $ - $
(A) Funding percentage is subject to change, based on actual DIF revenues received (B) No refunds were made pursuant to subdivision '(e) of Section 66001.

Effective Date

Developer mitigation fee reporting requirements pursuant to Government C... Page 111 of 331 AB1600 Report
City of Indio, California Attachment No. 6
Police Facilities Police Facilities 316
Government Code 66000 Calculation
FYE 6/30/2024
August 1 2006 January 17 2022
Residential - Single Family DU 930 1,289 Residential - Condo/Townhouse DU 672 1,138 Residential - Apartment DU 565 1,138 Residential - Mobile Home DU 672 1,203 Commercial -Retail KSF 272 1,890 Commercial - Office KSF 62 1,381 Industrial KSF 282 506
DU = dwelling unit; KSF = 1,000 gross sq ft of building area The Fee is payable when the building permit is issued.

Beginning Ending
Account Description Fund Balance FY 2024 Fund Balance
Revenues & Other Sources:

Development Impact Fees 365,864
Interest income 298
Total Sources 366,162
Expenditures & Other Uses:

Capital Projects 0
Project Administration/Management
Total Uses -
Total Available (173,670) $ 366,162 $ 192,491 $ Five Year Test-Unsing First In First Out Method Amount
DIF Collected
2020 200,849
2021 287,988
2022 401,737
2023 421,488
2024 365,864
1,677,925$
Total Revenue For Last Five Years
Result : Five Year Spent Test Met in accordance with Government Code 66001 as there continues to be a reasonable relationship between the fee and the purpose for which it was adopted.

FY 2024 Capital Improvement Expenditures FY Actuals
Public Safety Campus* -
Total -
FY 2025 Planned Capital Improvement Expenditures DIF Share DIF FY Funding % FY Budget Total Project Total Project
Funding %
Public Safety Campus* 250,000 1.47% 17,000,000 48,891,299 0.51% Total 250,000 $ 1.47% 17,000,000 $ 48,891,299 $ 0.51% *Public Safety Campus reconciliation due at project completion to calculate transfer out contribution (A) Funding percentage is subject to change, based on actual DIF revenues received (B) No refunds were made pursuant to subdivision '(e) of Section 66001.

Development Type Unit
Effective Date

Developer mitigation fee reporting requirements pursuant to Government C... Page 112 of 331 AB1600 Report
City of Indio, California Attachment No. 7
Fire Facilities Fire Facilities
Government Code 66000 Calculation 317
FYE 6/30/2024
August 1 2006 January 17 2022
Residential - Single Family DU 205 505 Residential - Condo/Townhouse DU 148 446 Residential - Apartment DU 125 446 Residential - Mobile Home DU 148 472 Commercial -Retail KSF 60 741 Commercial - Office KSF 14 541 Industrial KSF 62 198
DU = dwelling unit; KSF = 1,000 gross sq ft of building area The Fee is payable when the building permit is issued.

Beginning Ending
Account Description Fund Balance FY 2024 Fund Balance
Revenues & Other Sources:

Interest Earnings 41790.75
Development Impact Fees 128510.62
Total Sources 170,301
Expenditures & Other Uses:

Capital Projects -
Project Administration/Management
Total Uses -
Total Available 129,743 $ 170,301 $ 300,045 $ Five Year Test-Unsing First In First Out Method Amount
DIF Collected
2020 75,334
2021 72,814
2022 101,191
2023 115,453
2024 128,511
Total Revenue For Last Five Years 493,303 $
Result : Five Year Spent Test Met in accordance with Government Code 66001 as there continues to be a reasonable relationship between the fee and the purpose for which it was adopted.

FY 2024 Capital Improvement Expenditures FY Actuals
Fire Station* -
Total -
FY 2025 Planned Capital Improvement Expenditures DIF Share DIF FY Funding % FY Budget Total Project Total Project
Funding %
Fire Station* 901,730 17.18% 5,250,000 10,500,000 8.59% Total 901,730 $ 17.18% 5,250,000 $ 10,500,000 $ 8.59% *Public Safety Campus reconciliation due at project completion to calculate transfer out contribution (A) Funding percentage is subject to change, based on actual DIF revenues received (B) No refunds were made pursuant to subdivision '(e) of Section 66001.

Development Type Unit
Effective Date

Developer mitigation fee reporting requirements pursuant to Government C... Page 113 of 331 AB1600 Report
City of Indio, California Attachment No. 8
Water Facilities Water Facilities 310
Government Code 66000 Calculation
FYE 6/30/2024
Water Meter Size (inches)
Impact Fee Charge
3/4" x 1" $4,030
1" $6,717

1.5" $13,157
2" $21,495
3" $46,702
4" $74,695
6" $101,353
8" $110,469
Beginning Ending
Account Description Fund Balance FY 23/24 Fund Balance
Revenues & Other Sources:

Developer fees 900,719
Interest income 416,068
Reimbursements -
Other PY -
Total Sources 1,316,787
Expenditures & Other Uses
Capital Projects
Project Administration/Internal Engineering 30,000
Other
Total Uses 30,000
Total Available 10,014,137 1,286,787 11,300,924
Five Year Test Using First In First Out Method Amount
Revenues Collected
Revenues Collected from 2020 865,632
Revenues Collected from 2021 936,740
Revenues Collected from 2022 752,529
Revenues Collected from 2023 1,464,688
Revenues Collected from 2024 900,719
Total Revenue For Last Five Years 4,920,308
Result : Five Year Spent Test Met in accordance with Government Code 66001 as there continues to be a reasonable relationship between the fee and the purpose for which it was adopted.

FY 2023-24 Capital Improvement Expenditures
Capital Improvement Facilities FY 23/24
Project Administration/Internal Engineering 30,000
Total 30,000 $
FY 2024-25 Planned Capital Improvement Expenditures FY DIF Budget DIF FY Funding % FY Project Budget Total Project Project
Funding %
Avenue 50 and Madison St. Pipe Installation 2,900,000 100.00% 2,900,000 2,900,000 100.00% Total $2,900,000 $2,900,000 $2,900,000
(A) Funding percentage is subject to change, based on actual DIF revenues received (B) No refunds were made pursuant to subdivision '(e) of Section 66001.

Fees are collected to fund construction of water facilities and water mains. Fees charged are based on meter size which determines capacity needs. Capacity is the amount available from the Indio Water Authority system when demanded by the user. Therefore the number of Equivalent Dwelling units (EDU) increases as the meter size (capacity) increases. The number of meters, and meter size, is estimated based on the type of development project. This fee structure Resolution 10242 was adopted on November 17, 2021 with an effective date of January 1, 2022.

Developer mitigation fee reporting requirements pursuant to Government C... Page 114 of 331 AB1600 Report
City of Indio, California Attachment No. 9
Supplemental Water Supply Supplemental Water Supply 321 Government Code 66000 Calculation
FYE 6/30/2024
Annual Consumption
Factor with Return Flows SWSF
Development Type
(ac-ft/ac/yr) ($/acre)
Commercial/Institutional 0.65 $3,533
Hotel/Motel 1.42 $7,718
Industrial 0.93 $5,055
Irrigation 1.54 $8,370
Multi-Family Residential 1.23 $6,685
Single Family Residential 2.23 $12,120
City Parks/Irrigation and 1.36 $7,392
Landscape Lighting Districts 1.36 $7,392
Beginning Ending
Account Description Fund Balance FY 23/24 Fund Balance
Revenues & Other Sources
Developer fees 705,760
Interest income 341,903
Reimbursements -
Other PY -
Total Sources 1,047,663
Expenditures & Other Uses
Capital Projects 5,837
Project Administration/Internal Engineering 15,000
Total Uses 20,837
Total Available 7,875,528 1,026,826 8,902,354
Five Year Test Using First In First Out Method Amount
Revenues Collected
Revenues Collected from 2020 689,454
Revenues Collected from 2021 825,843
Revenues Collected from 2022 904,745
Revenues Collected from 2023 965,163
Revenues Collected from 2024 705,760
Total Revenue For Last Five Years 4,090,965
Result : Five Year Spent Test Met in accordance with Government Code 66001 as there continues to be a reasonable relationship between the fee and the purpose for which it was adopted.

Capital Improvement Facilities
Capital Improvement Facilities FY 23/24
Recycled Water Treatment-Injection at VSD 5,837
Project Administration/Internal Engineering 15,000
Total 20,837
FY 2024-25 Planned Capital Improvement Expenditures FY Budget DIF FY Funding % FY Project Budget Total Project Total Project
Funding %
EVRA Recycled Water Groundwater Replenishment Project 200,000 100.00% 200,000 70,000,000 100.00% Total $200,000 100.00% $200,000 $70,000,000 100.00%
(A) Funding percentage is subject to change, based on actual DIF revenues received (B) No refunds were made pursuant to subdivision '(e) of Section 66001.

As of March 1, 2013, a Supplemental Water Supply Fee is assessed on development projects in the City of Indio. The fee provides a framework to alleviate the strain on IWA's groundwater supply and is based on future water demands for new developments. Funds will be used to pursue the development of recycled water for future growth through indirect potable reuse injection. The fee varies based upon the development type, based upon the annual consumption factor with return flows multiplied by $5,435, prorated by the size in acreage of the development type. This is defined in Section 33.066 of the Indio City Code.

Developer mitigation fee reporting requirements pursuant to Government C... Page 115 of 331 City of Indio
City Council
January 15, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: Approve contract Change Order No. 1 to Walton Bros Enterprise Inc. dba CJW General Contracting in the amount of $80,858.17 for the 2024 Citrus Avenue Domestic Water Main Project, Project No. WT-WDFF124.

RECOMMENDATION:

That the City Council/IWA Board approve an increase in the budget for the 2024 Citrus Avenue Domestic Water Main Project, Project No. WT-WDFF124 (Project) in the amount of $66,542.26, and approve Change Order No. 1 to Walton Bros Enterprise Inc. dba CJW General Contracting in the amount of $80,858.17.

SUMMARY:

On October 2, 2024, the City Council approved the construction contract award to Walton Bros Enterprise Inc. dba CJW General Contracting in the amount of $143,159 plus 10% contingency for the installation of approximately 600 linear feet of 12-inch ductile iron pipeline for the Find Food Bank expansion. Due to unforeseen field conditions and utility conflicts during construction an additional $80,858.17 is required for the project. This amount is $66,542.26 above the previously approved Project’s 10% contingency of $14,315.90. At this time, Staff recommends approval of the change order to Walton Bros Enterprise Inc. dba CJW General Contracting in the amount of $80,858.17.

BACKGROUND INFORMATION:

The Find Food Bank Offices project is a 57,000 square feet development expansion of the Find Food Bank that will be located at 83765 Citrus Avenue, in Indio California. To meet the Fire Marshall’s fire flow requirements for this expansion the Find Food Bank was required to install approximately 607 linear feet of 12-inch ductile iron pipeline and appurtenances from an alleyway south of Golf center Parkway and Avenue 45 to Citrus Avenue. The new pipeline will provide increased water pressure, improve fire flows, and enhance operational flexibility within the area.

IWA will participate on the Construction efforts of this new pipeline by fully funding the project and the Find Food Bank will reimburse IWA for 50% of the total cost. As part of the procurement, a contract was awarded to Walton Bros Enterprise Inc. dba CJW General Contracting in the amount of $143,159 on October 2, 2024, for the construction of the 12-inch pipeline.

A 10% construction contingency was included as part of the Walton Bros Enterprise Inc. dba CJW General costs additional construction, During were contract construction Contracting award. cut to required materials and equipment for Contractor the by incurred and labor, remove approximately 50 LF of concrete discovered in the Project alignment. The total cost for the cutting, AGENDA ITEM #10.6
Approve contract Change Order No. 1 to Walton Bros Enterprise Inc. dba C... Page 116 of 331 removal, and disposal was $80,858.17. The cost of cutting and removing the concrete is $66,542.26 above the 10% contingency remaining on the project. Payment of the change order requires the Indio Water Authority Board and City Council approval.

Staff recommends that the Indio Water Authority Board and City Council approve increasing the budget for the 2024 Citrus Avenue Domestic Water Main Project in the amount of $66,542.26 and approve the final Change Order No. 1 in the amount of $80,858.17 to Walton Bros Enterprise Inc. dba CJW General Contracting for payment of additional costs incurred in labor, equipment and materials due to cutting and removing interfering concrete on Citrus Avenue.

Funds for this project are budgeted in the FY 2024-25 IWA Operating and Capital Improvement Budget. The project costs, including contingencies, are as follows:

Contractor (Construction) Base Bid …………………………………. $ 143,159.00 Contingency Change Orders (if necessary) 10% of Base Bid……. $ 14,315.90 Additional Change Order No.1 above 10% contingency …………. $ 66,542.26 Total Project Cost……………………………………………………. $ 224,017.16

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$227,017.16 In current year budget: Yes
Current FY General
Fund Impact:
0 Budget adjustment: No
Next FY Financial
Impact:
0 Strategic Objective: Community Infrastructure
Source of funds: Fund 812 Fund-Org-Object
Reference:

Water Capital Program

Additional Financial Details:

N/A

ALTERNATIVES:

1. Reject change order

2. Request additional information

ATTACHMENTS:

Attachment 1 - Change Order No.1
Attachment 2 - Vicinity Map

APPROVAL(S):

Reymundo Trejo, P.E., IWA General Manager Approved - 07 Jan 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 08 Jan 2025 Ruby D. Walla, Director of Finance Approved - 08 Jan 2025 Bryan H. Montgomery, City Manager Approved - 09 Jan 2025

Approve contract Change Order No. 1 to Walton Bros Enterprise Inc. dba C... Page 117 of 331

CONTRACT CHANGE ORDER NO. 1

Project: 2024 Citrus Avenue Domestic Water Main Project Project No.: WT-WDFF124
Agreement Date: October 2, 2024
Owner: Indio Water Authority
Contractor: Walton Bros Enterprise Inc. dba CJW General contracting Date: December 13, 2024

IT IS AGREED BY THE UNDERSIGNED that the above -identified Project is modified to the effect of the changes described below for the compensation authorized. It is further agreed that all extensions of time and cost of delay resulting directly from the chan ges hereby authorized are provided for herein; that the contractor may make no further claim therefore; and that the original contracts and all prior amendments are not modified except as expressly specified herein. The documents supporting this Change Order, including any drawings and estimates of cost, if required are attached hereto and made a part hereof. This Change Order shall not be considered as such until the Owner and the Contractor have signed it. Upon final approval, copies will be distributed as required. (Distribution: IWA- 1 Contractor- 1 Engineer- 1)

1. Additional labor, equipment and materials due to the following:
a. November 18, 2024 - Installation of tee and valves due to the Contractor bringing in another excavator to be able to break and remove concrete. Once the concrete slab w as removed, an additional concrete cap on top of the water main was found. The water main was found at 7 feet in depth, therefore additional excavation was needed. Additional shoring was needed. b. November 19, 2024 - Installation of pipeline across the street due to the removal of concrete slab from trench line. No water line was installed due to the extra time it took to remove the concrete. c. November 20, 2024 – Contractor finished concrete removal in roadway. Contractor to haul demo material to dump. No water pipeline was installed due to the extra time it took to remove and haul off concrete.
d. November 21, 2024 – Installation of pipeline at a lower depth under utilities and additional paving and sidewalk repairs

The total addition is not to exceed the amount of $80,858.16.

Item
No.

Addition (+) /
Credit (-)
Amount
1 Addition (+) $80,858.16
Total Change Order No.1 $80,858.16

Approve contract Change Order No. 1 to Walton Bros Enterprise Inc. dba C... Page 118 of 331

Contract Summary
Amount ($) Days

1. NET IMPACT OF THIS CHANGE ORDER $80,858.16 0

2. ORIGINAL CONTRACT AMOUNT $143,159.00 30

3. TOTAL PREVIOUS CHANGE ORDER IMPACTS $0.00 0

4. TOTAL BEFORE THIS CHANGE ORDER $143,159.00 30

5. REVISED CONTRACT AMOUNT $224,017.16 30

6. PERCENT CHANGE IN CONTRACT 56% 0%

AGREED TO BY CONTRACTOR RECOMMENDED BY

_________________________________ _______________________________________ Chad Walton Date Roman Gonzalez Date Walton Bros Enterprise, Inc IWA Water Project Construction Manager dba CJW General Contracting
President, CEO

REVIEWED BY APPROVED BY

_________________________________ ______________________________________ Reymundo Trejo, P.E. Date Bryan H. Montgomery Date IWA General Manager City Manager/IWA Executive Director

1/7/25
1/7/2025

Approve contract Change Order No. 1 to Walton Bros Enterprise Inc. dba C... Page 119 of 331 








 




 





 

 








 


 



 
   
  

 


 

 


 


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Approve contract Change Order No. 1 to Walton Bros
Enterprise Inc. dba CJW General Contracting in the
amount of $80,858.17 for the 2024 Citrus Avenue
Domestic Water Main Project, Project No. WT-
WDFF124.

January 15, 2025

Approve contract Change Order No. 1 to Walton Bros Enterprise Inc. dba C... Page 120 of 331 City of Indio
City Council
January 15, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: Approval of Cost Sharing agreement with Find Food Bank for the construction of the 2024 Citrus Avenue Domestic Water Main Project, Project No. WT-WDFF124.

RECOMMENDATION:

That the City Council/IWA Board approve the Cost Sharing agreement between the Indio Water Authority (IWA) and Find Food Bank for reimbursement in the amount of $112,008.58 for the installation of water infrastructure beneficial to Find Food Bank for the 2024 Citrus Avenue Domestic Water Main Project, Project No. WT-WDFF124.

SUMMARY:

The Find Food Bank Offices project is a 57,000 square feet commercial expansion of the Find Food Bank existing facility located at 83765 Citrus Avenue, in Indio, CA. In order to meet fire flow requirements, the IWA staff conditioned installation of approximately 600 linear feet of 12-inch ductile iron pipeline. Because this new pipeline will provide increased fire flow and reliability to the IWA distribution system, IWA will share 50 percent of the construction costs in the amount of $112,008.58 cost share. IWA staff recommends approval of a cost sharing agreement with Find Food Bank through a cost sharing agreement with IWA to fund the balance of the cost of the pipeline project.

BACKGROUND INFORMATION:

The Find Food Bank Offices project is 57,000 square feet expansion of the existing Find Food Bank facility located at 83765 Citrus Avenue, in Indio California. IWA’s engineering staff determined that the installation of approximately 607 linear feet of 12-inch ductile iron pipeline is required to meet the Fire Marshall’s fire flow requirements for this expansion. Construction of this new pipeline will also increase fire flows and provide relatability to IWA’s existing customers. Because of this shared benefit, IWA will participate by sharing 50% of the total cost with Find Food Bank. IWA staff followed the city’s procurement procedures and awarded a contract to Walton Bros Enterprise Inc. dba CJW General Contracting in the amount of $143,159 on October 2, 2024. A change order was approved for a total cost of $80,858.17. The contractor completed construction in December 2024, with a total cost of $224,017.16. Find Food Bank’s 50% cost share of the project is $112,008.58 and will provide funding through this cost sharing agreement.

AGENDA ITEM #10.7
Approval of Cost Sharing agreement with Find Food Bank for the construct... Page 121 of 331 Staff recommends that the Indio Water Authority Board and City Council approve the Cost Sharing agreement between the Indio Water Authority (IWA) and Find Food Bank for reimbursement of the construction cost of the 2024 Citrus Avenue Domestic Water Main Project, Project No. WT- WDFF124. The total costs for each party are as follows:

IWA Contribution ………………………..…………………………. $ 112,008.58 Find Food Bank Contribution……………………………………... $ 112,008.58 Total Project Cost………………………………………………… $ 224,017.16

Funds for this project are budgeted in the FY 2024-25 IWA Operating and Capital Improvement Budget.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$112,008.58 In current year budget: Yes
Current FY General
Fund Impact:
0 Budget adjustment: No
Next FY Financial
Impact:
0 Strategic Objective: Community Infrastructure
Source of funds: Fund 812 Fund-Org-Object
Reference:

Water Capital Program

Additional Financial Details:

N/A

ALTERNATIVES:

1. Reject Cost Sharing Agreement

2. Request additional information

ATTACHMENTS:

Attachment 1 - Cost Sharing Agreement

APPROVAL(S):

Reymundo Trejo, P.E., IWA General Manager Approved - 07 Jan 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 08 Jan 2025 Ruby D. Walla, Director of Finance Approved - 08 Jan 2025 Bryan H. Montgomery, City Manager Approved - 09 Jan 2025

Approval of Cost Sharing agreement with Find Food Bank for the construct... Page 122 of 331 ND

COST-SHARINGAGREEMENTBYANDBETWEEN
THE[NDIOW ATERAUTHORITY ,ACALIFORNIAJPA
AND
FINDFOODBANK,A501(c)3CHARITABLEORGANIZATION

Approval of Cost Sharing agreement with Find Food Bank for the construct...Page 123 of 331 COST-SHARINGAGREEMENTFORW ATERMAINCONSTRUCTIONATALLEYW AYSOUTHEASTOFA VENUE45ANDGOLFCENTERPARKW AYBETWEENTHEINDIOW ATERAUTHORITYANDFINDFOODBANK THISCOST-SHARINGAGREEMENT(“Agreement“)ismadeandenteredintothis15thdayofJanuary,2025(“EffectiveDate”),byandbetweenthelNDlOW ATERAUTHORITY ,aCalifomiaJPA(“IW A“),andFINDFoodBank,a501(c)(3)nonpro?tcorporation(“FoodBank”).ForthepurposesofthisAgreement,CityandFoodBankaresometimeshereina?erreferredtoindividuallyas“Party,“andcollectivelyasthe“Parties.”RECITALSWHEREAS,thewatermainlocatedwithinanalleywaysoutheastofAvenue45andGolfCenterParkway(“WaterMain”)requiresextensionfromtheendoftheexisting12-inchpipelinetointerconnecttotheexisting8-inchpipelinelocatedinCitrusAvenueinordertoprovideadequate?reflowtoimprovesystempressureandcirculationintheIW AdistributionsystemservingthesouthcrportionofCitrusAvenue,includingbutnotlimitedtoFoodBank’sproject;andWHEREAS,IW AdesiresIodesign,engineerandconstructapproximatel_607linealfeetoflZ-inchwatermainfromthe12-inchpipelineinthealleysoutheastofAvenue45andGolfCenterParkytoCitrusAvenue.AgeneraldepictionofthelocationoftheWaterMaintobeconstructedisattachedheretoandincorporatedbyreferenceas“ExhibitA”;andWHEREAS,thePartiesdesiretoenterintothisCost-SharingAgreementtosetforththeirrespectiveobligationsrelatedtotheWaterMainConstruction,findingthatthisAgreementisintheirindividualandcollectiveinterests.OPERATIVEPROVISIONSNOW,THEREFORE,forandinconsiderationofthemutualpromisesandcovenantsmadebythePartiesandcontainedhereinandotherconsideration,thevalueandadequacyofwhichareherebyacknowledged,thePartiesagreeasfollows:SECTION1.W ATERMAINCONSTRUCTION.IW AagreestoperformallofrequiredworkfortheWaterMainConstruction,includingbutnotlimitedtoalldesignwork,engineering,obtainingallnecessaryStateandlocalpermits,performanceofallconstructionworktoconstructtheWaterMain,providingsupervisionservices,ifnecessary,providingtraf?ccontrolservices,andperformanceofallrestorationworktothepublicrights-of-wayandprivatepropeny(collectively,the“WaterMainConstructionProject”).SECTION2.PROPORTIONATESHAREPAYMENT.FoodBankagreestopayitsproportionatesharepaymentforIW A’sWaterMainConstructionProjectintheamountofonehundredandtwelvethousandeightdollarsand?ftyeightcents($ll2,008.58),whichis50percentofthetotalcostsrelatedtotheWaterMainConstruction(the“ProportionateShare“).PaymentofFoodBank’sProportionateShareshallbemadeinonelumpsumtotheIW A. , FoodBankshallpayIW AtheProportionateSharewithinsixty(60)calendardaysaftertheEffectiveDateofthisAgreementitsProponionateShare,PaymentbyFoodBanktoIW AoftheProportionateShareshallfullysatisfyFoodBank’sobligationstoprovideanyassistancetotheWaterMainConstructionProject,regardlessofwhetherfuturedevelopmentintheareaSECTION3.MutualIndemni?cation.Tothefullestextentpermittedbylaw,thePartiesagreetoprotect,indemnify,defend,andholdeachotherfreeandharmlessfromandagainstanyclaims,actions,lawsuits,appeals.expenses,liabilities,losses,damages,andcostsrelatingto

Approval of Cost Sharing agreement with Find Food Bank for the construct...Page 124 of 331 theirownrespectiveallegednegligentacts,errors,omissionsorwillfulmisconductbroughtinconnectionwith,orrelatingto,thisAgreementandortheWaterMainConstructionProject.Section4.REMEDIES.Intheeventofdefaultofanyoftheterms,provisionorconditionsofthisAgreementbyanyParty,ortheirsuccessorsandassigns,whichdefaultexistsuncorrectedforaperiodofthirty(30)calendardaysafterwrittennoticetoanyPartyofsuchdefault(orifsuchdefaultcannotpracticablybecuredwithinthirty(30)days,thatthePartyindefaulthascommencedeffortstocurewithinthirty(30)daysanddiligentlypursuescompletiontherea?er),thePartyseekingtoenforcesaidprovisionshallhavetherighttoseekspeci?cperformanceandifsaidPartyprevailsinacourtoflaw,itshallbeentitledtospeci?cperformanceandreasonableattorneys’fees,expertwitnessfeesandcourtcosts.ItisfurtherexpresslyagreedbyandbetweenthePartiesthattheremedyofspeci?cperformancehereingivenshallnotbeexclusiveofanyotherremedyaffordedatlaworequity,andthepartywhichsubstantiallyprevailsinanysuchlitigationmayrecoveryitsreasonableattorneys’fees,expertwitnessfeesandcourtcosts.SECTION5.BINDINGEFFECT.ThisAgreementshallbebindingupontheheirs,executors,administrators,successors,andassignsoftheParties.SECTION6.NOTICES.

AllnoticesrequiredorpermittedtobegivenunderthisAgreementshallbeinwritingandshallbepersonallydelivered,orsentbytelecopierorcerti?edmail,postageprepaidandreturnreceiptrequested,addressedasfollows:

ToIW A: IndioWaterAuthorityAttn:IndioWaterAuthority83l01Avenue45Indie,CA9220! ToFoodBank: FINDFoodBankAttn:RichSalmon83775CitrusAvelndio,CA9220] Noticeshallbedeemedeffectiveonthedatepersonallydeliveredortransmittedbyfacsimileor,ifmailed,three(3)calendardaysafterdepositofthesameinthecustodyoftheUnitedStatesPostalService.

SECTION7.AUTHORITYTOEXECUTE.

ThepersonorpersonsexecutingthisAgreementonbehalfofFoodBankrepresentsandwarrantsthattheyhavetheauthoritytosoexecutethisAgreementandtobindFoodBanktotheperformanceofitsobligationshereunder.Noamendmenttoormodi?cationofthisAgreementshallbevalidunlessmadeinwritingandapprovedbylW AandbyFoodBank.SECTION9.W AIVER.

Approval of Cost Sharing agreement with Find Food Bank for the construct...Page 125 of 331 WaiverbyanyPartytothisAgreementofanyterm,condition,orcovenantofthisAgreement shallnotconstituteawaiverofanyotherterm,condition,orcovenant.WaiverbyanyPartyofanybreachoftheprovisionsofthisAgreementshallnotconstituteawaiverofanyotherprovisionnorawaiverofanysubsequentbreachorviolationofanyprovisionofthisAgreement.SECTIONI0. LAWTOGOVERN;VENUE.ThisAgreementshallbeinterpreted,construedandgovernedaccordingtothelawsofthe StateofCalifornia.IntheeventoflitigationbetweentheParties,venueinstatetrialcourtsshalllieexclusivelyintheCountyofRiverside,California.IntheeventoflitigationinaUS.DistrictCourt,venueshalllieexclusivelyintheCentralDistrict California,inRiverside.SECTIONII.A'ITORNEY’SFEES,COSTSANDEXPENSES.IntheeventlitigationorotherproceedingisrequiredtoenforceorinterpretanyprovisionofthisAgreement,theprevailingPartyinsuchlitigationorotherproceedingshallbeentitledtoanawardofreasonableattorneys’fees,expertwitnessfees,councosts,andexpenses,inadditiontoanyotherrelieftowhichitmaybeentitled.SECTION12.ENTIREAGREEMENT.ThisAgreement,includingtheattachedExhibit,alongwithanyamendmentsthereto,istheentire, complete,?nal,andexclusiveexpressionofthePartieswithrespecttothemattersaddressedthereinandsupersedesallotheragreementsorunderstandings,whetheroralorwritten,orenteredintobetweenlW AandFoodBankpriortotheofthisAgreement.Nostatements,representations,orotheragreements,whetheroralorwritten,madebyanyPartywhicharenotembodiedhereinshallbevalidandbinding.SECTIONI}.SEVERABILITY .lfanyterm,conditionorcovenantofthisAgreementisdeclaredordeterminedbyanycourtofcompetent jurisdictiontobeinvalid,voidorunenforceable,theremainingprovisionsofthisAgreementshallnotaffected therebyandtheAgreementshallbereadandconstruedwithouttheinvalid,voidorunenforceableprovision(s).

SECTION14.TIMEOFESSENCE.TimeisoftheessenceforeachandeveryprovisionofthisAgreement. |SIGNATUREPAGEFOLLOWSI

Approval of Cost Sharing agreement with Find Food Bank for the construct...Page 126 of 331 By,
FoodINeedofDistribution.Inc.Dba: FIND

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Approval of Cost Sharing agreement with Find Food Bank for the construct...Page 129 of 331 City of Indio
City Council
January 15, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: Amendment No. 1 to the Professional Services Agreement with Sierra Controls, LLC for Supervisory Control And Data Acquisition maintenance in the amount of $142,757.32 for a revised total not-to-exceed amount of $367,757.32

RECOMMENDATION:

That the City Council/IWA Board approve Amendment No. 1 to the Professional Services Agreement with Sierra Controls, LLC for Supervisory Control And Data Acquisition maintenance in the amount of $142,757.32 for a revised total not-to-exceed amount of $367,757.32 and authorize the Executive Director to execute the amendment.

SUMMARY:

The Indio Water Authority (IWA) currently operates four well/booster plants, nine independent wells, two booster stations at Terra Lago and Shadow Lake, and a reservoir at Lost Horse that are remotely monitored and controlled by a Supervisory Control and Data Acquisition system (SCADA).

Under the terms of the proposed agreement, Sierra Controls, LLC (Sierra Controls) will provide a variety of services. The services consist of emergency callout and preventive maintenance program, which includes remote terminal units (RTU’s) and database maintenance. These services are vital to the operation of the IWA water production and distribution system and part of the ongoing SCADA Update and Maintenance Program. Staff recommends authorization of Amendment No. 1 to the Professional Services Agreement in the amount of $142,757.32 for a revised total not-to-exceed amount of $367,757.32.

BACKGROUND INFORMATION:

Since 2001, IWA has depended on the SCADA system to help its operator’s control the production and distribution of water throughout the IWA service area. SCADA allows more efficient use of resources by automating data gathering and allowing computers to automatically make adjustments to the system based on established operating protocols. The SCADA system allows for real-time assessments of the production and distribution system operation. On-call personnel have the ability to access the system remotely via a computer or mobile device, which enables them to view any challenges within the monitored system during working/non-working hours and respond immediately in an emergency event.

Since 2015, IWA has retained Sierra Controls to maintain and modify its SCADA system. Sierra Controls is uniquely qualified to provide these services due to their specific level of expertise with the SCADA system. Sierra Controls is a Nevada based company that was first incorporated in 1972.

AGENDA ITEM #10.8
Amendment No. 1 to the Professional Services Agreement with Sierra Contr... Page 130 of 331 The company continues to be a leader in the water measurement and control industry as a system integrator and manufacturer of specialized water measurement products. Sierra Controls provides system design and implementation throughout the country. Sierra Controls specializes in water measurement and control systems for public works, utilities, agriculture, private industry, and government organizations. The main emphasis has been in remote control and telemetry systems that utilize radio telecommunications, and a major part of the work has been in SCADA systems.

Accordingly, Sierra with services professional agreement of approval recommends staff the Controls.

On approved Services Professional the Board City the 2022, 21, September Council/IWA Agreement with Sierra Controls, LLC, for SCADA system maintenance for a not-to-exceed annual amount of $75,000 with the option to renew for two consecutive one-year extension terms at IWA’s discretion for a total not-to-exceed $225,000 over three-year period.

The purpose of this project is to continue migration of the Indio Water Authority’s on-premises SCADA server to a cloud environment. For over two decades IWA has been operating its SCADA servers, housed in the Corporate Yard server room. While the servers remain operational, the physical servers represent a single point of failure. A move to a cloud environment would mitigate the single point of failure risk and provide much needed redundancy for IWA’s SCADA system.

Furthermore, isolating the SCADA system from the Corporate Yard network will provide an additional layer of security, with all communications to the cloud environment secured by a virtual- private-network.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$367,757.32 In current year budget: Yes
Current FY General
Fund Impact:

N/A Budget adjustment: No
Next FY Financial
Impact:

N/A Strategic Objective: Community Infrastructure
Source of funds: Water Production Budget Fund-Org-Object Reference:
8106712-521064

Additional Financial Details:

Amendment No. 1 will increase the agreement for an additional $142,757.32 for a revised not-to- exceed amount of $367,757.32. Staff is requesting authorization for the Executive Director to execute the amendment.

Original Agreement Not-to-Exceed Amount: $225,000

Amendment No. 1 Agreement Total Not-to-Exceed Amount $367,757.32

Funds are available in the Fiscal Year 2024-25 IWA Operating Budget # 8106712-521064 (Production/Professional Services) for services specified in this agreement.

ALTERNATIVES:

Not authorize execution of Amendment No. 1 to the Professional Services Agreement.

ATTACHMENTS:

Amendment No. 1 to the Professional Services Agreement with Sierra Contr... Page 131 of 331 Attachment 1 - Amendment No. 1 Sierra Controls LLC_v2

APPROVAL(S):

Reymundo Trejo, P.E., IWA General Manager Approved - 18 Dec 2024 Steven Graham Pacifico, City Attorney Approved - 24 Dec 2024 Ruby D. Walla, Director of Finance Approved - 07 Jan 2025 Bryan H. Montgomery, City Manager Approved - 07 Jan 2025

Amendment No. 1 to the Professional Services Agreement with Sierra Contr... Page 132 of 331

FIRST AMENDMENT TO AGREEMENT

BY AND BETWEEN

INDIO WATER AUTHORITY,

A JOINT POWERS AUTHORITY

AND

SIERRA CONTROLS, LLC

A LIMITED LIABILITY COMPANY

Form Approved 12/06/2022

Amendment No. 1 to the Professional Services Agreement with Sierra Contr... Page 133 of 331

FIRST AMENDMENT TO AGREEMENT

BETWEEN THE INDIO WATER AUTHORITY AND SIERRA CONTROLS, LLC

THIS FIRST AMENDMENT TO AGREEMENT (“First Amendment”) is made and entered into this 15 day of January, 2025 (“Effective Date”), by and between the INDIO WATER AUTHORITY (“Authority”), a joint powers authority and SIERRA CONTROLS, LLC (“Contractor”). For the purposes of this Agreement, Authority and Contractor are sometimes hereinafter referred to as “Party” and hereinafter referred collectively referred to as the “Parties.”

RECITALS

1. The Parties entered into an agreement for maintenance and support of Authority’s SCADA System, radio system, and appurtenances dated September 21, 2022 (“Agreement”).

2. Section 4(a) of the Agreement provides that the Compensation shall not exceed $75,000 per fiscal year and per the optional two one-year extensions for a total not to exceed $225,000 for the term of the agreement.

3. Pursuant to Section 4(a) of the Agreement, the Parties desire to amend the Agreement to increase the compensation by an additional $142,757.32 for the optional two one-year extension for fiscal year 2024-2025 for a total not to exceed amount of $367,757.32 for the term of the agreement.

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

SECTION 1. A MENDMENT. Section 4(a) of the Agreement is hereby amended to read as follows:

1.1 “Subject to the provisions of Section 4 "Compensation", this Agreement is hereby amended to increase the Not to Exceed Amount to $367,757.32

SECTION 2. G ENERAL PROVISIONS.

(a) REMAINDER UNCHANGED. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and is binding upon the Parties.

(b) INTEGRATION. This First Amendment constitutes the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the transaction discussed in this First Amendment.

(c) EFFECTIVE DATE. This First Amendment shall not become effective until the date it has been executed by the appropriate authorities of the Authority and Contractor.

Amendment No. 1 to the Professional Services Agreement with Sierra Contr... Page 134 of 331

(d) APPLICABLE LAW. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.

(e) REFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.

FIRST AMENDMENT TO AGREEMENT

BETWEEN THE INDIO WATER AUTHORITY AND SIERRA CONTROLS, LLC

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

INDIO WATER AUTHORITY
___________________________
Bryan H. Montgomery
Executive Director
ATTEST:

SECRETARY
By: ___________________________
Sabdi Sanchez, CMC
Director of City Clerk Services
APPROVED AS TO FORM:

AUTHORITY GENERAL COUNSEL
By: ____________________________
Steven Graham

CONSULTANT
Sierra Controls, LLC
By:

Andrew Ward
President

Amendment No. 1 to the Professional Services Agreement with Sierra Contr... Page 135 of 331 City of Indio
City Council
January 15, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Andrew Ansoorian, Dir. Of Human Resources & Risk Management Subject: Resolution No. 10475, fixing the employer contribution under the Public Employees' Medical and Hospital Care Act (PEMHCA) at an equal amount for employees and annuitants, and making a determination that the action is exempt 15324 Section to pursuant environmental further from review (Regulations of Working Conditions) of the California Environmental Quality Act

RECOMMENDATION:

Approve Resolution No. 10475, fixing the employer contribution under the Public Employees' Medical and Hospital Care Act (PEMHCA) at an equal amount for employees and annuitants, and making a determination that the action is exempt from further environmental review pursuant to Section 15324 (Regulations of Working Conditions) of the California Environmental Quality Act.

SUMMARY:

The City of Indio has an existing agreement with the California Public Employees' Retirement System (CalPERS) to provide its health program to active Indio employees and retired annuitants.

The CalPERS health program is governed by the Public Employees Medical and Hospital Care Act (PEMHCA). PEMHCA contains all the rules and regulations that a contracting agency must adhere to and the resolution is the mechanism by which an agency elects to become subject to PEMHCA.

ATTACHMENTS:

Resolution Template Packet_Change01.05

APPROVAL(S):

Andrew Ansoorian, Dir. Of Human Resources & Risk
Management
Approved - 05 Dec 2024
Jennifer A. Mizrahi, Assistant City Attorney Approved - 09 Dec 2024 Ruby D. Walla, Director of Finance Approved - 02 Jan 2025 Bryan H. Montgomery, City Manager Approved - 06 Jan 2025

AGENDA ITEM #10.9
Resolution No. 10475 , fixing the employer contribution under the Public... Page 136 of 331 Please staple on top of your health resolution(s) or cover letter.

This will ensure that the CalPERS mailroom expedites delivery to our office.

Mail packet to either:

Overnight Mail Service Regular Mail
California Public Employees’ Retirement System
Health Resolutions & Compliance Services, HAMD
400 Q Street
Sacramento, CA 95811
California Public Employees’ Retirement System
Health Resolutions & Compliance Services,
HAMD
PO BOX 942714
Sacramento, CA 94229-2714
HEALTH

RESOLUTION
CalPERS ID # 6664227892
Agency Name City of Indio

Resolution No. 10475 , fixing the employer contribution under the Public... Page 137 of 331 RESOLUTION NO. 10475

FIXING THE EMPLOYER CONTRIBUTION
UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT

AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS
WHEREAS, (1) City of Indio is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”); and
WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency subject to Act shall fix the amount of the employer contribution by resolution; and WHEREAS, (3) Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; now, therefore be it
RESOLVED, (a) That the employer contribution for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of:

Monthly Employer Health ContributionMedical Group
Self Self+1 Self+ Family
010 Executive Group $2000.00 $2000.00 $2000.00
015 Unclassified Management $2000.00 $2000.00 $2000.00
020 Management $2000.00 $2000.00 $2000.00
025 Council-PERS Members $2000.00 $2000.00 $2000.00
030 Police Command Unit $2100.00 $2100.00 $2100.00
045 Fire Fighters Association $2000.00 $2000.00 $2000.00 050 General Unit (ICEA & IWAEA) $2000.00 $2000.00 $2000.00 060 Police Officers Association $2100.00 $2100.00 $2100.00 061 Professional $2000.00 $2000.00 $2000.00
062 Confidential $2000.00 $2000.00 $2000.00
plus administrative fees and Contingency Reserve Fund assessments; and be it further
RESOLVED, (b) City of Indio has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above; and be it further
RESOLVED, (c) That the participation of the employees and annuitants of Desired Effective Date January 1, 2025

Resolution No. 10475 , fixing the employer contribution under the Public... Page 138 of 331 City of Indio shall be subject to determination of its status as an “agency or instrumentality of the state or political subdivision of a State” that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that City of Indio would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer; and be it further RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint and direct, Andrew Ansoorian to file with the Board a verified copy of this resolution, and to perform on behalf of City of Indio all functions required of it under the Act; and be it further
RESOLVED, (e) That coverage under the Act be effective on January 01, 2025.

Adopted at a regular meeting of the Indio City Council at Indio, this 15th day of January, 2025.

Signed: _________________________________
Glenn Miller, Mayor
Attest: _________________________________
Sabdi Sanchez, City Clerk

Resolution No. 10475 , fixing the employer contribution under the Public... Page 139 of 331 City of Indio
City Council
January 15, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Approval of Final Parcel Map No. 38632 for Can Do, LLC (The Greens Indio), generally located on the northeast corner of Avenue 42 and Jackson Street

RECOMMENDATION:

Find that the Final Parcel Map conforms to all applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance; approve the Final Parcel Map for Can Do, LLC, Parcel Map No. 38632 (The Greens Indio), generally located on the northeast corner of Avenue 42 and Jackson Street; authorize the City Clerk to attest the approved Parcel 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 subdivision for Parcel Map No. 38632 (The Greens Indio) is generally located on the northeast corner of Avenue 42 and Jackson Street and consists of subdividing 5.28 acres into 3 parcels. with along Agreement Subdivision the Improvement has LLC Do, Can submitted Performance and Payment Bonds to guarantee the site improvements.

BACKGROUND INFORMATION:

On December 6, 2023, the City Council approved Resolution No. 10407 approving Tentative Parcel Map No. 38632 and set certain conditions for the site improvements. Can Do, LLC is required to comply with the conditions of approval contained in the resolution approving the tentative parcel map. Can Do, LLC has executed the Subdivision Improvement Agreement and submitted the necessary Bonds to guarantee the completion of the site improvements.

The improvements consist of Street and Survey Monument Improvements within the project boundary.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
AGENDA ITEM #10.10
Approval of Final Parcel Map No. 38632 for Can Do, LLC (The Greens Indio... Page 140 of 331 Source of funds: N/A Fund-Org-Object
Reference:

N/A

Additional Financial Details:

Final Parcel Map No. 38632 is not required to be annexed into the Public Safety Community Facilities District 2004-1.

ATTACHMENTS:

Attachment 1 - Vicinity Map

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 07 Jan 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 08 Jan 2025 Ruby D. Walla, Director of Finance Approved - 08 Jan 2025 Bryan H. Montgomery, City Manager Approved - 09 Jan 2025

Approval of Final Parcel Map No. 38632 for Can Do, LLC (The Greens Indio... Page 141 of 331 $77$&+0(17
9,&,1,7<0$3

Approval of Final Parcel Map No. 38632 for Can Do, LLC (The Greens Indio... Page 142 of 331 AVENUE 41
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ENGINEERING SERVICES

MEETING DATE

APPLICANT
JANUARY 15, 2025

CAN DO, LLC

IINDIIO
DESCRIPTION:

APPROVAL OF FINAL PARCEL MAP NO. 38632

FOR CAN DO, LLC (THE GREENS INDIO)

GENERALLY LOCATED ON THE NORTHEAST
CORNER OF AVENUE 42 AND JACKSON
STREET.

Approval of Final Parcel Map No. 38632 for Can Do, LLC (The Greens Indio... Page 143 of 331 City of Indio
City Council
January 15, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Lien and Agreement Improvement of release Authorize Subdivision previously posted by Coco Palms 27, LLC, for Tract Map No. 38072-3 (Dolfina) Agreement and Improvement accept new and Subdivision improvement bonds with D.R. Horton Los Angeles Holding Company, Inc. for the street and survey monument improvements

RECOMMENDATION:

Authorize release of Subdivision Improvement Agreement and Lien previously posted by Coco Palms 27, LLC, for Tract Map No. 38072-3 (Dolfina) and accept new Subdivision Improvement Agreement and improvement bonds with D.R. Horton Los Angeles Holding Company, Inc. for the street and survey monument improvements.

SUMMARY:

Tract Map No. 38072-3 (Dolfina) is a single-family subdivision situated at the southeast corner of Jackson Street and Avenue 49, and a part of an overall development project under Tentative Tract Map No. 38072. D.R. Horton Los Angeles Holding Company, Inc. will be replacing the Subdivision Improvement Agreement and Lien previously posted by Coco Palms 27, LLC. The Lien will be replaced with improvement bonds to ensure the timely completion of the necessary improvements.

BACKGROUND INFORMATION:

Coco Palms 27, LLC processed and recorded Tract Map No. 38072-3 of the Dolfina development project and entered into a Subdivision Improvement Agreement and placed a Lien on the property in-lieu of improvements bonds. This arrangement allowed them to record the map knowing that they did not intend on developing the parcels or making any of the subdivision improvements. Now, D.R.

Horton Los Angeles Holding Company, Inc. intends to develop the parcels within Tract Map No. 38072-3 and make the necessary site improvements and has provided the replacement Subdivision Improvement Agreement and improvement bonds, as per the original engineer’s cost estimate, for the street and survey monument improvements.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial $0 Strategic Objective: Community Infrastructure AGENDA ITEM #10.11
Authorize release of Subdivision Improvement Agreement and Lien previous... Page 144 of 331 Impact:

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

N/A

Additional Financial Details:

There is no financial impact associated with the substitution of the Subdivision Improvement Agreement and Lien with a new Subdivision Improvement Agreement and improvement bonds.

ATTACHMENTS:

ATTACHMENT 1 - Vicinity Map

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 07 Jan 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 08 Jan 2025 Ruby D. Walla, Director of Finance Approved - 08 Jan 2025 Bryan H. Montgomery, City Manager Approved - 09 Jan 2025

Authorize release of Subdivision Improvement Agreement and Lien previous... Page 145 of 331

ATTACHMENT 1

VICINITY MAP

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VICINITY MAP

NOTTO SCALE

ENGINEERING SERVICES

MEETING DATE
JANUA RY 15, 2025

APPLICANT
D.R. HORTON LOS ANGELES HOLDING
COMPANY. INC.

DESCRIPTION:

AUTHORIZE RELEASE OF SUBDIVISION

IMPROVEMENT AGREEMENT AND LIEN
PREVIOUSLY POSTED BY COCO PALMS 27,
----------------1 LLC, FOR TR 38072-3, AND ACCEPT D.R.

IINDIIO

HORTON'S REPLACEMENT SUBDIVISION

IMPROVEMENT AGREEMENT AND
IMPROVEMENT BONDS.

Authorize release of Subdivision Improvement Agreement and Lien previous... Page 147 of 331 City of Indio
City Council
January 15, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject:

Amendment Two to the Reimbursement Agreement by and between the City of Indio and the Coachella Valley Association of Governments increasing the regional share of the project and Amendment 12 to the Professional Services Agreement with T.Y. Lin International increasing their agreement for services by $234,829.05, for the Avenue 44 Bridge Project (Project No.

BR1101)

RECOMMENDATION:

Approve Amendment Two to the Reimbursement Agreement by and between the City of Indio and Coachella Valley Association of Governments (CVAG) increasing the regional share of the project and Amendment 12 to the Professional Services Agreement with T.Y. Lin International in an amount not to exceed $234,829.05, for the Avenue 44 Bridge Project (Project No. BR1101); and authorize the City Manager to execute the agreements.

SUMMARY:

On October 1, 2014, the City of Indio entered into a Reimbursement Agreement with CVAG to complete the Avenue 44 Bridge Project (Project No. BR1101). An amendment to this agreement was approved on July 20, 2022. Since then, the City has opened bids for construction and selected a construction management firm. However, the awarded project costs exceeded the original estimates from Amendment 1. Additionally, CVAG requested the inclusion of CV Link features, similar to those on nearby bridge crossings. The City has been working with CVAG to finalize these features and their associated costs, which CVAG has agreed to fully fund. On December 2, 2024, CVAG’s Executive Committee approved increasing the regional funding share to cover the higher project costs. On May 15, 2014, the City Council approved an agreement with T.Y. Lin International for the design and preparation of construction documents for the project. This agreement included an estimate for design team support during construction. As construction advanced, additional support services from the design team became necessary to build the Avenue 44 bridge. To address this, Amendment 12 needs approval to increase the agreement, enabling T.Y. Lin International to provide the additional services needed.

BACKGROUND INFORMATION:

In 2011, the City of Indio received federal funding from the Highway Bridge Program (HBP) to replace the existing low water crossing at Avenue 44 with a new bridge. In addition to the bridge, Avenue 44 will be widened from two to four lanes of traffic and will include Class II bike lanes and sidewalk from Palo Verde Street to Apache Street. The project will improve the multimodal access AGENDA ITEM #10.12
Amendment Two to the Reimbursement Agreement by and between the City of ... Page 148 of 331 along CV Link by providing an undercrossing at Avenue 44 and more direct access along Avenue 44 to the Jewel Community and Indio Sports Park.

In 2014, CVAG agreed to fund 75% of the local share of these improvements. The total amount of the local share of the project has increased over time due to unanticipated project elements and increased construction costs. CVAG approved Amendment 1 to the agreement in 2022, which increased the budget for the local share to accommodate increased design costs and the revised engineering estimate for the project.

Since this time, the project construction schedule was accelerated due to the damage caused by Tropical Storm Hilary. The City finalized the engineering and advertised for construction on February 22, 2024. Bids were received and opened on April 11, 2024, and the City tentatively awarded the contract to the low bidder, Ames Construction, on May 15, 2024, contingent on Caltrans review of the contract. Unfortunately, Ames Construction was found to be non-responsive due to inadequate good faith efforts to meet the DBE Goal and the City Council moved to reject the low bid and award the project to the second lowest bidder, Ortiz Enterprises, on July 17, 2024, which led to increased costs.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$234,829.05 In current year budget: No
Current FY General
Fund Impact:
$0 Budget adjustment: Yes
Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
Source of funds: Capital Improvement Projects
Fund Balance
Fund-Org-Object
Reference:
300-523006

Additional Financial Details:

Based on the recent contract approvals, the total project costs have increased to $39,292,000 as described below:

Federal Share: $30,471,000.00
Local Share: $ 8,502,000.00
Utility Costs: $ 319,000.00
Total Bridge Project Costs: $39,292,000.00

Per the 2014 Reimbursement Agreement between CVAG and the City of Indio, CVAG is responsible for 75% of the Local Share and the City is responsible for the remaining 25%. This breaks down as follows:

CVAG Share (Regional Share) $6,376,500.00
City of Indio Share $2,125,500.00
Total Local Share $8,502,000.00

The CVAG share includes funding from the original Reimbursement Agreement approved in 2014, Amendment 1 approved in 2022, and Amendment 2, which is the current item under discussion.

Amendment 2 also includes $2.5 million for the CV Link undercrossing, a multi-use pathway

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 149 of 331 beneath the new bridge that also connects to Avenue 44. This portion is being built by the City’s contractor and will be fully reimbursed by CVAG.

With this addition, Amendment 2 increases the Reimbursement Agreement between the City of Indio and CVAG by $3,160,500 for the additional funding request, plus $2,500,000 million for the CV Link. This brings the total amount for Amendment 2 to $5,660,500.

CVAG Original Agreement $1,654,260.00
CVAG Amendment 1 $1,561,740.00
CVAG Amendment 2 $5,660,500.00
Total Reimbursement Agreement $8,876,500.00

Amendment 12 with T.Y. Lin International will exceed the available federal budgeted funds. This cost is eligible for reimbursement should the City receive additional federal funds in the future. Until that time, the City is responsible to front the $234,829.05 for the amendment.

A budget adjustment will be needed to allocate $234,829.05 from unallocated Capital Projects Fund Balance to Project No. BR1101 to pay for this amendment.

ATTACHMENTS:

Attachment 1 - Project Location Map
Attachment 2 - Amendment Two to Reimbursent with CVAG
Attachment 3 - TY Lin Amendment 12

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 07 Jan 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 09 Jan 2025 Ruby D. Walla, Director of Finance Approved - 09 Jan 2025 Bryan H. Montgomery, City Manager Approved - 09 Jan 2025

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 150 of 331 ATTACHMENT 1

PROJECT LOCATION MAP

Amendment Two to the Reimbursement Agreement by and between the City of ...Page 151 of 331

Amendment Two to the Reimbursement Agreement by and between the City of ...Page 152 of 331 ATTACHMENT 2

AMENDMENT TWO TO THE

REIMBURSMENT AGREEMENT WITH CVAG
FOR THE AVENUE 44 BRIDGE PROJECT

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 153 of 331 Contract No. CVAG-14-017-02
Project: Avenue 44 Bridge Over Whitewater River

AMENDMENT NUMBER TWO
TO THE

REIMBURSEMENT AGREEMENT BY AND BETWEEN

CVAG AND THE CITY OF INDIO

FOR THE

DESIGN AND CONSTRUCTION OF A NEW BRIDGE OVER THE WHITEWATER RIVER ON
AVENUE 44 PROJECT
This
AMENDMENT NUMBER TWO is made and entered into this 2 nd day of December 2024, by and between the C ity of Indio (Agency) , and the Coachella Valley Association of Governments, a California joint powers agency (CVAG) , and is made with reference to the following background facts and circumstances. All other terms and conditions shall remain the same as stated in the original Agreement for Avenue 44 Bridge Project.

This Amendment Number Two shall authorize additional funds in the amount of $5,660,500, inclusive of a not-to-exceed amount of $2,500,000 for construction of CV Link components, bringing CVAG’s regional share to a not-to-exceed total of $8,876,500 for Design and Construction.

Summary for CVAG’s 75% Regional Share:

Original Agreement June 30, 2014 $ 1,654,260
Amendment Number One April 25, 2022 $ 1,561,740
Amendment Number Two December 5, 2024 $ 5,660,500
Total Amount Not to Exceed $ 8,876,500
Con
sistent with CVAG Policy 21-02, this amendment shall be executed with the use of electronic or digital signatures in order to be in effect. (Signatures on following page)

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 154 of 331 Contract No. CVAG-14-017-02
Project: Avenue 44 Bridge Over Whitewater River
IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number Two to be executed by their duly authorized representatives on this date:

CITY OF INDIO
B
y: __________________________
Glenn Miller, Mayor
CV
AG
B
y: ________________________________
ATTEST:

By: ________________________________
Sabdi Sanc hez, City Clerk Administrator
APPROVED AS TO FORM:

By: _________________________________
Stephen P. Graham, City Attorney
ATTEST:

By: _______________________________
Tom Kirk, Executive Director Ted Weill, Chair

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 155 of 331 ATTACHMENT 3
AMENDMENT 12 TO THE PSA
WITH T.Y. LIN INTERNATIONAL

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 156 of 331 BR1101 Avenue 44 Bridge over the Coachella Valley Storm Water Channel 12TH AMENDMENT TO

AGREEMENT

BY AND BETWEEN

THE CITY OF INDIO

A CALIFORNIA MUNICIPAL CORPORATION
AND
T
.Y. LIN INTERNATIONAL

A CALIFORNIA CORPORATION
DATED: JANUARY 15, 2025
F
orm Approved 2/17/2023
1 2TH AMENDMENT TO AGREEMENT

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 157 of 331 BR1101 Avenue 44 Bridge over the Coachella Valley Storm Water Channel This Amendment to the Agreement for Professional Services is made and entered into as of this 15th day of January , 2025, by and between the City of Indio (“City”), a California municipal corporation and T.Y. Lin International , a California Corporation (“Consultant”). City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Consultant entered into an agreement entitled “Agreement for Professional Services” dated May 15, 2014, as amended by Amendment 1 on April 3, 2017, Amendment 2 on November 29, 2018, Amendment 3 on December 12, 2018, Amendment 4 on June 19, 2019, Amendment 5 on August 21, 2019, Amendment 6 on January 6, 2021, Amendment 7 on March 17, 2021, Amendment 8 on October 20, 2021, Amendment 9 on June 1, 2022, Amendment 10 on May 8, 2023, and Amendment 11 on December 6, 2023 (“Agreement”) for the purpose of retaining services of Consultant to provide preliminary design and environmental clearance, final design, and design services during construction for the Avenue 44 Bridge over the Coachella Valley Storm Water Channel, City Project No. BR1101, Federal Project No. BRLKS-5275(024).

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

C. Section 4(a) of the Agreement provides that the Compensation shall not exceed Two Million, Four Hundred Forty Thousand, Three Hundred Sixty-One Dollars and Five Cents ($2,440,361.05).

D. This Amendment amends Section 4(a) to provide that the Compensation shall not exceed Two Million, Six Hundred Seventy-Five Thousand, One Hundred Ninety Dollars and Ten Cents ($2,675,190.10).

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

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

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

Subject to the provisions of Section 1 “Consultant’s Scope of Work,” the Agreement shall be amended to expand the Scope of Work for Phase II I to include the additional services as described in Exhibit A, attached to this Amendment 12, and incorporated by this reference as though set forth in full.

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 158 of 331 BR1101 Avenue 44 Bridge over the Coachella Valley Storm Water Channel

1.2 [COMPENSATION]. Section 4(a) of the Agreement is hereby amended to increase the Not to Exceed Amount to Two Million, Six Hundred Seventy-Five Thousand, One Hundred Ninety Dollars and Ten Cents ($2,675,190.10), as more particularly described in Exhibit A. The method of payment for the services provided under this Amendment 12 shall be Cost-Plus-Fixed Fee for the services provided.

2. MANDATORY INVOICE INFORMATION/NOTICES.

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

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

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

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

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

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

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

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

[SIGNATURE PAGE FOLLOWS]

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 159 of 331 BR1101 Avenue 44 Bridge over the Coachella Valley Storm Water Channel IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the Agreement on the date and year first written above.

CITY OF INDIO
___________________________

BRYAN MONTGOMERY
City Manager
ATTEST:

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

CITY ATTORNEY
By: ____________________________
Steven Graham, City Attorney

CONSULTANT
T.Y. LIN INTERNATIONL

JAMES BARR, Vice President

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 160 of 331 BR1101 Avenue 44 Bridge over the Coachella Valley Storm Water Channel

EXHIBIT A

CONSULTANT SCOPE OF WORK AND FEE PROPOSAL

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 161 of 331 Amendment No. 13
November 2024
AVENUE 44 BRIDGE AT COACHELLA VALLEY STORMWATER CHANNEL Indio, California
This Amendment No.13 to the Agreement for Professional Services between the City of Indio and T.Y. Lin International, dated May 15, 2014, provides for the Additional Design Services During Construction.

LSA Scope of Work (see attached for additional details):
• Pre-Exclusion Monitoring and Focused Surveys
• One-Way Door Installation and Monitoring
• Burrow Excavation
• Post-Exclusion Monitoring and Reporting
• Construction Monitoring
Atlas Technical Consultants Scope of Work:
• P erform slope stability analysis for deep cuts in the channel. • R espond to the contractor’s RFIs and review submittals related to geotechnical design of the project, as requested.

TY Lin Scope of Work:

TYLin scope and fee for the Design Services During Construction (DSDC) were prepared and submitted in 2013 based on the raw labor rates of employees at the time with an expected timing for construction sometime in 2018. The estimated level of efforts did not anticipate the delays and/or the future extension in the scope and features of the project construction as a result of CVWD’s ever-changing requirements that followed.

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 162 of 331 Majority of construction activities will be completed in 2025, 12 years later with additional features in the channel. A comparison between the DSDC fee estimates of 2013 and 2025 shows an increase of 82% in our fee for DSDC for the same number of hours, reducing the available number of hours for DSDC by 55% at the approved contract fee for Phase-3.

The DSDC scope of work from 2013 did not include our attendance at weekly construction meetings. As we understand, the construction is expected to take 380 working days, or 76 weeks. We respectively request an increase of 80 hours in our Project Management budget for attending these weekly construction meetings in support of the CM staff and for working with regulatory agencies and subconsultants.

Please see attached Fee proposal for providing the additional DSDC services under this amendment request for TYLin, Atlas, and LSA.

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

Sincerely,

Roya Golchoobian, PE
Vice President

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 163 of 331 Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 C OST PROPOSAL Page 1 of 3

COST -P LUS -F IXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (D ESIGN , E NGINEERING AND ENVIRONMENTAL STUDIES )
Note: Mark-ups are Not Allowed ܆Prime Consultant ܆Subconsultant ܆2nd Tier Subconsultant Consultant __________________________________________________________ Project No. _______________________ Contract No. ____________________ Date ____________________

DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total ____________________________
____________________________
____________________________
____________________________
________
________
________
________

LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calc ulation) _______________
_______________
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] _______________

INDIRECT COSTS
d) Fringe Benefits (Rate: _____ 

f) Overhead (Rate: _____ )
H
Total Fringe Benefits [(c) x (d)] _______________
J
Overhead [(c) x (f)] _______________
h)  General and Administrative (Rate: ___ __ ) i) Gen & Admin [(c) x (h)] _______________

FIXED FEE
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] _______________ k)TOTA L FIXED FEE [(c) + (j)] x fixed fee ______ ] ______________ l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total
l) TOTAL OTHER DIRECT COSTS
m) SUBCONSULTANTS’ COSTS (Add additional pages if necessary) Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:
m) TOTAL SUBCONSULTANTS’ COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] ___________________ TOTAL COST [(c) + (j) + (k) + (n)] _____________________ NOTES:

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended. In direct cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.

3. Anticipated salary increases calculation (page 2) must accompany.

January 2020
✔
TYLin International
3010.0009729 BRLKS 5275(024) 11/14/2024
Project Manager Roya Golchoobian (PM/Mtgs-2024) 12.00 $ 117.54 $ 1,410.48 Project Manager Roya Golchoobian (PM/Mtgs-2025) 52.00 $ 119.90 $ 6,234.80 Project Manager Roya Golchoobian (PM/Mtgs - 2026) 16.00 $ 122.29 $ 1,956.64 $ 0.00
$ 9,601.92
$ 9,601.92

0.00% $ 0.00
153.34% $ 14,723.58

0.00% $ 0.00
$ 14,723.58

10.00% $ 2,432.55
Mileage Costs $ 0.00
Equipment Rental and Supplies $ 0.00
Permit Fees $ 0.00
Plan Sheets $ 0.00
Test $ 0.00
$ 0.00
Atlas $ 14,874.00
LSA $ 193,197.00
$ 208,071.00
$ 208,071.00
$ 234,829.05

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Roya Golchoobian - TYLin Vice President
Roya Golchoobian
Digitally signed by Roya Golchoobian
Date: 2024.11.14 12:19:18 -08'00'
11/14/2024
[email protected] 619-908-3214
404 Camino Del Rio South, Suite 700, San Diego, CA 92108 Additional Design Services to facilitate the start of construction as well as during the construction.

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 166 of 331

CARLSBAD
CLOVIS
IRVINE

LOS ANGELES

PALM SPRINGS

POINT RICHMOND

RIVERSIDE

ROSEVILLE

SAN LUIS OBISPO
3111 E. Tahquitz Canyon Way, Suite 109, Palm Springs, California 92262 760.416.2075 www.lsa.net November 13, 2024
Ms. Roya Golchoobian, PE
Vice President
TYLin
404 Camino del Rio South, Suite 700
San Diego, CA 92108
Subject: Budget Augment for Burrowing Owl Mitigation and Monitoring Plan Implementation for Avenue 44 Low-Water Crossing Replacement Project at the Coachella Valley Storm Water Channel in Indio, Riverside County, California, City Project No. BR 1101, Federal Aid Project No. BRLKS-5275(025), Augment to LSA Project No. TYL2103 Dear Ms. Golchoobian:

LSA is pleased to present this budget augment for additional Scope of Work to implement the Burrowing Owl Mitigation and Monitoring Plan (BMMP) associated with Measure 2.3.6 of the California Department of Fish and Wildlife (CDFW) issued Streambed Alteration Agreement (SAA No. 1600-2020-0056-R6) for the proposed Avenue 44 Low-Water Crossing Replacement Project (project) at the Coachella Valley Storm Water Channel in Indio, California. The BMMP was approved by CDFW on October 9, 2024. On September 13, 2024, a pre-construction burrowing owl survey was conducted as a requirement of SAA Measure 2.3.2. As a result, burrowing owl (Athene cunicularia hypugaea) and several active and numerous suitable burrows were identified within the project impact area. The presence of burrowing owl on the project site triggered the need for a BMMP to describe the additional monitoring and procedures necessary to perform a burrowing owl exclusion.

This proposal is for an amendment to the current contract to implement the procedures described in the BMMP as it is not included in the current contract.

SCOPE OF WORK
Task 1: Pre-Exclusion Monitoring and Focused Surveys
A survey to identify suitable burrows outside of the project impact area shall be conducted to determine whether the installation of artificial burrows is warranted. One on-site meeting with CDFW was included as part of this work.

Pre-exclusion monitoring and focused surveys were required prior to the installation of one-way doors. The BMMP required a minimum of 3 or more days of consecutive monitoring and surveys, with the last day of monitoring conducted immediately prior to the start of exclusion activities.

Monitoring consisted of visual surveys of all previously documented suitable burrows, and focused surveys consisted of transect surveys, with transects spaced at approximately 20 meters apart, looking for evidence of the presence of burrowing owl such as live or deceased owls, suitable burrows, whitewash and/or pellets, and prey remnants or feathers. Results of the pre-exclusion monitoring and focused surveys were submitted and approved by CDFW prior to the installation of one-way doors.

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 167 of 331

11/13/24 «\\aznasunifiler2\projects\T-Z\TYL2103_Ave 44-City of Indio\00 Proposal\Amendment - BUOW October 2024\00_Budget Augment Ave 44_20241113.docx» 2 LSA anticipated a total of 6 days of monitoring, and surveys were required to adhere to the BMMP because the last day of monitoring occurred immediately prior to the start of exclusion activities.

The results of monitoring and surveys were included in a memorandum. The memorandum was submitted to TYLin and the City of Indio (City) for review. LSA anticipated that one round of minimal, consolidated comments would be received. Upon conclusion of the monitoring, revision of the memo, and approval from TYLin and the City, the memo was submitted to CDFW, and one-way door installation began immediately after CDFW approved the memo. LSA anticipated that monitoring and surveys would be continued until the start of one-way door installation.

The budget for this task included 1 day to survey for burrows outside of the project impact area, one on-site meeting with CDFW, a total of 6 days of pre-exclusion monitoring and surveys, preparation of the survey memorandum for submittal to CDFW, and coordination.

Task 2: One-Way Door Installation and Monitoring
Following the conclusion of the pre-exclusion monitoring and focused surveys, and after receipt of CDFW approval, one-way door installation to exclude burrowing owls from any active or suitable burrows within the project impact area occurred. One-way door installation was accompanied by trail camera installation to monitor the status and shade structure installation for temperatures meeting or exceeding 95 degrees Fahrenheit (°F). One-way doors were left in place for a minimum of 72 hours after installation to allow burrowing owls to leave the burrow before excavation.

Monitoring of one-way doors occurred at least twice per day to look for evidence of burrowing owl trapped inside and to check that the doors were swinging freely. During temperatures that met or exceeded 95°F, a monitor was on site to watch for owls that may have been standing outside a closed door (i.e., trying to get back in or not leaving the area of the burrow).

The budget for this task includes 2 days of one-way door installation with four biologists per day, and up to 10 days of one-way door monitoring by one biologist per day. In addition, a total of $1,500 worth of materials was required for the purchase of one-way doors, cameras, shade structures, and associated materials. This task also includes the preparation of a monitoring memorandum for submittal to CDFW and coordination. The memorandum was submitted to TYLin and the City for review prior to being submitted to CDFW. LSA anticipated that one round of minimal, consolidated comments would be received. Upon the conclusion of the one-way door monitoring, revision of the memo, and approval from TYLin and the City, the memo was submitted to CDFW. This scope anticipated 1 day of monitoring while waiting for CDFW to approve the monitoring results submittal.

Task 3: Burrow Excavation
After one-way doors were installed, the required monitoring period concluded, and CDFW approved the results of the monitoring, LSA biologists excavated all suitable burrows and removed any other burrowing owl refugia within the project impact area. Burrow excavation was accomplished using hand tools to avoid harm to any potential burrowing owls or other animals that may have remained in the burrow. LSA biologists scoped the burrows and excavated the burrows in stages. Burrowing owls were not handled during the excavation process.

The budget for this task includes up to 2 days of burrow excavation with four biologists per day, and an email notification to CDFW that burrow excavation has concluded.

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 168 of 331

11/13/24 «\\aznasunifiler2\projects\T-Z\TYL2103_Ave 44-City of Indio\00 Proposal\Amendment - BUOW October 2024\00_Budget Augment Ave 44_20241113.docx» 3 Task 4: Post-Exclusion Monitoring and Reporting
Following successful excavation of all suitable burrows within the project impact area, two post- exclusion surveys will be conducted to confirm that owls do not re-inhabit the site and that no new burrows have been created. The first survey will occur within 24 hours after conclusion of burrow excavation, and the second survey will occur within 2 to 4 weeks after exclusion. Surveys will consist of visual inspection of the collapsed burrows for any burrowing owl sign, a pedestrian transect survey of the entire project area, and a visual survey using binoculars of the 150-meter buffer around the project area.

As required by the BMMP, a final burrowing owl exclusion memorandum will be prepared at the conclusion of the required post-exclusion surveys. The memorandum will summarize all pre- exclusion, exclusion, and post-exclusion surveys and monitoring conducted on the project site. The memorandum will be submitted to TYLin and the City for review. It is anticipated that one round of minimal, consolidated comments will be received. Upon revision of the memorandum and approval from TYLin and the City, the memorandum will be submitted to CDFW within 3 days of completing the post-exclusion surveys.

The BMMP also requires that monthly monitoring occur for 1 year after exclusion has been executed or until project completion. LSA assumes that the monthly monitoring will be required for 1 year after exclusion. Since a biological monitor will be on site daily during the start of construction, with a potential reduction in monitoring frequency as construction progresses, this scope and budget assumes that the monthly monitoring required by the BMMP will be conducted by the on-site monitor. Therefore, no additional budget has been included for monthly monitoring visits described under this task. Should additional monthly monitoring visits be required due to the absence of a regularly scheduled on-site monitor (e.g., construction delays), additional monthly monitoring visits will be covered under a separate budget augment.

Budget for this task is limited to the two post-exclusion surveys and preparation of a final burrowing owl exclusion memorandum for submittal to CDFW. If additional documentation (e.g., memoranda for monthly monitoring) are required, a budget augment will be required.

Task 5: Construction Monitoring
Daily monitoring is anticipated to be required due to burrowing owl activity within the vicinity of the project site. LSA had previously scoped for weekly monitoring for the 2-year construction duration prior to the observation of burrowing owl on site. However, the issued Water Quality Certification requires daily monitoring for the initial project impacts. LSA proposes additional daily construction monitoring for the initial work activities at 10 hours plus drive time 5 days per week for 2 months (up to 40 visits). As part of this effort, a total of 20 overnight stays are anticipated to be required by the monitoring biologists. If additional days of monitoring beyond the 2 months of daily construction monitoring or previously scoped weekly monitoring for the remainder of construction are necessary, a budget augment will be required.

BUDGET
LSA proposes to accomplish the tasks as described in the Scope of Work on a time-and-materials basis for an estimated fee of $193,197 (Fee) as shown in Table A below.

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 169 of 331

11/13/24 «\\aznasunifiler2\projects\T-Z\TYL2103_Ave 44-City of Indio\00 Proposal\Amendment - BUOW October 2024\00_Budget Augment Ave 44_20241113.docx» 4 Table A: Estimated Budget
Tasks Labor Expenses
Task 1: Pre-Exclusion Monitoring and Focused Surveys $14,817 $1,032 Task 2: One-Way Door Installation and Monitoring $29,219 $2,532 Task 3: Burrow Excavation $14,235 $1,872
Task 4: Post-Exclusion Monitoring and Reporting $14,556 $214 Task 5: Construction Monitoring $104,474 $10,246
Subtotal $177,301 $15,896
TOTAL $193,197

The terms and conditions of this amendment, including the budget terms, match those provided in the original contract signed July 1, 2014. LSA’s fees are charged on an hourly basis. The fee will not be exceeded without the City’s authorization. This fee is based on LSA’s past experience related to the level of effort needed to facilitate agency coordination for projects of this type.

LSA welcomes the opportunity to discuss strategy and the details of this Scope of Work. If you have any questions, please contact me at (626) 257-0215.

Sincerely,
LSA Associates, Inc.

Ryan Villanueva
Associate Biologist
The stated terms detailed in the Scope of Work re: Budget Augment for Burrowing Owl Mitigation and Monitoring Plan Implementation for the Avenue 44 Low-Water Crossing Replacement at the Coachella Valley Storm Water Channel in Indio, Riverside County, California (LSA Project No.

TYL2103) for $193,197 are hereby accepted and authorized.

CONSULTANT: CLIENT:

LSA Associates, Inc.

Company Company

Authorized Signature Authorized Signature

Name Name

Title Title

Date Date

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 170 of 331 Cost Proposal Worksheet
COMPANY: SCOPE OF WORK: DATE:

LSA Budget Augment for Burrowing Owl Mitigation and Monitoring Plan Implementation PROJECT: MILESTONE/PHASE/PROJECT SUMMARY:

Ave 44 Low Water Crossing Replacement DSDC

DIRECT LABOR

PERSONNEL FUNCTION HOURS RATE AMOUNT
Principal in Charge 0.0 56.45 $ - $
Project Manager 0.0 45.28 $ - $
Jodi Ross-Borrego Principal Biology 244.0 80.95 $ 19,752 $ Ryan Villanueva Associate Biology 595.0 55.56 $ 33,058 $ Biologist 110.0 22.00 $ 2,420 $
Meredith Canterbury Sr. GIS /Graphics 14.0 53.97 $ 756 $ GIS/Graphics 3.0 32.22 $ 97 $
Lauren Johnson Word Processor 8.0 38.10 $ 305 $ Senior Geologist 0.0 42.86 $ - $
- $
- $
- $
- $
- $
- $
TOTAL HOURS 974 TOTAL DIRECT LABOR 56,387 $

MULTIPLIERS

ESCALATION

0.00% (of Total Direct Labor) - $
OVERHEAD-Additional Services 185.85% (of Total Direct Labor + Escalation) 104,795 $ TOTAL MULTIPLIERS 104,795 $

OTHER DIRECT EXPENSES

ITEM UNIT QUANTITY UNIT COST AMOUNT
Reproducibles per page 0.40 $ - $
Mileage per mile 14,920 0.67 $ 9,996 $ Per Diem per meal 20 60.00 $ 1,200 $
Lodging per night 20 160.00 $ 3,200 $
Supplies for exclusion 1 1,500.00 $ 1,500 $
- $
- $
TOTAL OTHER DIRECT EXPENSES 15,896 $

OUTSIDE SERVICES

COMPANY LABOR MULTIPLIERS FEE EXPENSES TOTAL
- $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $
- $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ TOTAL OUTSIDE SERVICES - $
FEES
FIXED FEE- ADDITIONAL SERVICES 10.00% (of Total Outside Services) 16,118 $
TOTAL FEES 16,118 $
TOTAL COST 193,197 $

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 171 of 331 Manhour Worksheet
COMPANY: SCOPE OF WORK: DATE:

LSA Implementation of Burrowing Owl Mitigation and Monitoring Plan PROJECT: MILESTONE/PHASE/PROJECT SUMMARY:

Avenue 44 Low Water Crossing Replacement DSDC
Personnel: PIC PM PIC-Bio Assoc Bio Bio Sr. GIS
Graphics GIS Graphics Word
Processor Sr. Geologist
Task No. DESCRIPTION Billing Rate: $0.00 $56 $45 $81 $56 $22 $54 $32 $38 $43 Total Hours Amount 1 Pre-Exclusion Monitoring and Focused Surveys - $
Monitoring and Surveys - 4 32 10 46 2,322 $ Reporting and Coordination 4 30 6 2 42 2,391 $ - - $
2 One-Way Door Installation and Monitoring - - $ Installation 16 38 54 3,406 $ Monitoring - 28 32 60 4,045 $ Reporting and Coordination - 4 24 2 2 32 1,841 $ 3 Burrow Excavation - - $
Excavation 8 56 64 3,759 $ Coordination 4 8 12 768 $ - - $
4 Post-Exclusion Monitoring and Reporting - - $ Surveys 20 20 1,111 $
Reporting and Coordination - 12 40 4 1 2 59 3,518 $ - - $
5 Construction Monitoring - - $
Monitoring 140 275 100 2 2 2 521 29,061 $ Coordination - 24 40 64 4,165 $ - - $
-
Subtotals:

TOTALS - - 244 595 110 14 3 8 - 974 56,387

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 172 of 331

Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed ☐ Prime Consultant ☐ Subconsultant ☐ 2nd Tier Subconsultant Consultant __________________________________________________________ Project No. _______________________ Contract No. ____________________ Date ____________________

DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total ____________________________
____________________________
____________________________
____________________________
________
________
________
________

LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) __ _____________
_______________
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] _______________

INDIRECT COSTS
d) Fringe B
enefits (Rate: _____ )
f) Overhead (Rate: _____ )
e) Total Fringe Benefits [(c) x (d)] _______________
g) Overh
ead [(c) x (f)] _______________
h) General and Administrative (Rate: ___ __ ) i) Gen & Admin [(c) x (h )] _______________ FIX
ED FEE
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] _______________ k) TOTA L FIXED FEE [(c) + (j)] x fixed fee ______ ] ______________ l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total
l) TOTAL OTHER DIRECT COSTS
m) SUBCONSULTANTS’ COSTS (Add additional pages if necessary) Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:
m) TOTAL SUBCONSULTANTS’ COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] ___________________ TOTAL COST [(c) + (j) + (k) + (n)] _____________________ NOTES:

1. Ke
y personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.

3. Anticipated salary increases calculation (page 2) must accompany.

January 2020

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 173 of 331

Local Assistance Procedures Manual EXHIBIT 1 0-H1
Cost Proposal
EXHIBIT 10-H 1 COST PROPOSAL Page 2 of 3

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct
Labor Total Hours per Avg 5Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
= $250,000.00 500 $50.00 Year 1 Avg
Hourly Rate

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation%) Avg Hourly Rate Proposed Escalation
Year 1 $50.00 + 2% = $51.00 Year 2 Avg Hourly Rate
Year 2 $51.00 + 2% = $52.02 Year 3 Avg Hourly Rate
Year 3 $52.02 + 2% = $53.06 Year 4 Avg Hourly Rate
Year 4 $53.06 + 2% = $54.12 Year 5 Avg Hourly Rate

3. Calculate estimated hours per year (Multiply estimate% each year by total hours) Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year
Year 1 20.0% 5000 = 1000 Estimated Hours Year 1
Year 2 400% 5000 = 2000 Estimated Hours Year 2
Year 3 15.0% 5000 = 750 Estimated Hours Year 3
Year 4 15.0% 5000 = 750 Estimated Hours Year 4
Years 100% 5000 = 500 Estimated Hours Year 5
Total 100% Total = 5000

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per
(calculated above) (calculated above) Year
Year 1 $50.00 1000 $50,000.00 Estimated Hours Year 1 =
Year 2 $51.00 2000 $102,000.00 Estimated Hours Year 2 = Year 3 $52.02 750 $39,015.00 Estimated Hours Year 3 =
Year 4 $53.06 750 $39,795.30 Estimated Hours Year 4 =
Years $54.12 500 = $27,060.80 Estimated Hours Year 5
Total Direct Labor Cost with Escalation $257,871.10 =
Direct Labor Subtotal before Escalation = $250,000.00
Estimated total of Direct Labor Salary Transfer to Page 1 = Increase $7,871.10
NOTES:

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the# of years of the contract, and a breakdown of the labor to be performed each year.

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the# of years is not acceptable.
(i e. $250,000 x 2% x 5 yrs= $25,000 is not an acceptable methodology)

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

January 2020

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 174 of 331

_
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H 1 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles {GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board {when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.

Costs that are noncom pliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate{s).

Prime Consultant or Subconsultant Certifying:

Name: ______________ _ Title*:

Signature: ____ _ _ ____ __ ____ _ Date of Certification {mm/dd/yyyy): _ Email: ______ ______ __ _ Phone Number:

Address: ________________________________ _
*An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providinq under the proposed contract:

January 2020

Amendment Two to the Reimbursement Agreement by and between the City of ... Page 175 of 331 City of Indio
City Council
January 15, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Conflict: Yes Member: Benjamin Guitron IV
Subject: Amendment Four to the Agency Reimbursement Agreement by and between the Coachella Valley Association of Governments (CVAG) and the City of Indio for work related to the Arts and Music Line Project (Project No.

PL2001) in the amount of $40,848; and authorize the City Manager to execute the Amendment

RECOMMENDATION:

Approve Amendment Four to the Agency Reimbursement Agreement by and between the Coachella Valley Association of Governments (CVAG) and the City of Indio, in an amount no-to-exceed $40,848.00 for additional work related to the Arts and Music Line Project (Project No. PL2001); and authorize the City Manager to execute the Amendment.

SUMMARY:

The Arts and Music Line Project is a spur of the regional CV Link connecting the cities of Coachella and La Quinta through Avenue 48 in the City of Indio. The project consists of creating a separated bike line on Avenue 48 and providing connections to area schools. A map of the Arts and Music Line project is included as Attachment 1. CVAG, as the lead agency, is funding 75% of the costs related to the Arts and Music Line Project and the three cities are splitting the remaining 25% proportionally.

Amendment Four to the agreement amends the cost sharing agreement to provide additional drainage improvements in the City of Indio to mitigate impacts of the separated barrier and additional improvements consistent with the City’s Master Drainage Plan. Since the City requested additional improvements along Avenue 48 be included in the project, the City will be paying 100% of those elements. The additional cost was approved by the CVAG Executive Committee on December 2, 2024. CVAG anticipates construction to commence in 2025.

BACKGROUND INFORMATION:

On March 4, 2020, the City of Indio approved a reimbursement agreement with CVAG using the 2019 Bicycle and Pedestrian Safety Program funds. This agreement established a partnership between CVAG, Indio, Coachella and La Quinta for the Arts and Music Line Project and to prepare the necessary engineering to be a more competitive grant application for funding. Under this agreement, CVAG agreed to provide 75% of the engineering costs, with each agency contributing their proportionate share of the remaining 25% costs.

On July 20, 2022, the City of Indio approved a revised reimbursement agreement with CVAG to clarify the proportional split of the local share between the cities of Indio, Coachella, and La Quinta.

AGENDA ITEM #10.13
Amendment Four to the Agency Reimbursement Agreement by and between the ... Page 176 of 331 The latest agreed shares are the City of Indio at 67%; the City of Coachella at 8%; and the City of La Quinta at 25%.

On October 20, 2022, the California Transportation Commission (CTC) recommended the award of $36.483 million of Active Transportation Program (ATP) funding for the Arts and Music Line Project.

On December 5, 2022, the CVAG Executive Committee approved Contract Amendment One in an amount of $1,060,000 for additional engineering services, including National Environmental Policy Act (NEPA) compliance and right-of-way acquisition services. The City of Indio’s share was $177,550, for a total not-to-exceed amount of $635,143 on this project.

professional management, for proposals for construction released CVAG 2023, In requests engineering, and public outreach services. Representatives from CVAG and each City were part of the evaluation committees who selected the consultants.

On December 4, 2023, the CVAG Executive Committee approved Contract Amendment Two in an amount of $1,494,063 for construction management services, professional engineering, and public outreach services. The City of Indio’s share was $250,255.55, for a total not-to-exceed amount of $885,398.55 on this project.

Throughout the development of the plans, the design team has provided substantial coordination with project stakeholders including the City of Indio, Tribal government staff, Caltrans, the Coachella Valley Water District (CVWD), Union Pacific Railroad (UPRR), and other utilities. Additional efforts have also been made to meet the new requirements of the Build America, Buy America (BABA) Act, enacted in October 2023. These coordination efforts have led to additional work to improve the project signal stormwater installations; traffic additional design conceptual its from including mitigation design; value engineering activities; design alternatives for the completion of the path along the La Quinta Evacuation Channel for CVWD, and additional NEPA studies to mitigate the project’s impacts on the environment.

On April 29, 2024, CVAG’s Executive Committee approved Contract Amendment Three in an amount of $2,234,565 for the additional costs associated with these design efforts. The City of Indio’s share was $374,289.64, for a total not-to-exceed of $1,259,688.19.

During the review of the final design plans, staff introduced concerns that the bike barrier along Avenue 48 would reduce the amount of drainage capacity in the street. At the same time, since the Arts Line drainage some for responsible Music will Project improvements, and be staff recommended that CVAG include drainage improvements from the City’s Master Drainage Plan that would also accommodate regional drainage issues along Avenue 48. Avenue 48 also includes large oleanders along the north side of the road between Monroe Street and Arabia Street that will be removed with the Arts and Music Line Project. Staff has requested that CVAG replace these oleanders with a sound wall to mitigate their removal.

On December 2, 2024, the CVAG Executive Committee approved Contract Amendment Four in an amount of $76,950 for the additional costs associated with these design efforts. The City of Indio’s share is $40,848.00, for a total not-to-exceed of $1,300,535.94.

FINANCIAL SUMMARY:

Amendment Four to the Agency Reimbursement Agreement by and between the ... Page 177 of 331 Current FY Financial
Impact:
$40,848.00 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
Source of funds: Measure A Fund-Org-Object
Reference:
212

ATTACHMENTS:

Attachment 1 - Project Location Map
Attachment 2 - Amendment Four to the Reimbursement Agreement with CVAG for Arts and Music Line

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 07 Jan 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 08 Jan 2025 Ruby D. Walla, Director of Finance Approved - 08 Jan 2025 Bryan H. Montgomery, City Manager Approved - 09 Jan 2025

Amendment Four to the Agency Reimbursement Agreement by and between the ... Page 178 of 331 ATTACHMENT 1

PROJECT LOCATION MAP

Amendment Four to the Agency Reimbursement Agreement by and between the ...Page 179 of 331 ARTS &

MUSIC LINE
C
O
A
C
H
E
L
L
A
V
A
L
L
E
Y
Project Location Map
Feet
²
4,3000 8,600
ARTS &

MUSIC LINE
C
O
A
C
H
E
L
L
A
V
A
L
L
E
Y
CV AG Arts and Music Line
Active Transportation Program Cycle 6 Grant Application Unincorporated Riverside County
Bicycle Lanes
Schools
Bear Creek Trail
Polo Fields/Local Event Venue
Connection to CV Link
Proposed Improvements
Existing/Planned Conditions
Jurisdictions
Coachella
La Quinta
Indio
CV Link
LegendCALLE TAMPICO
AVENUE 50

HARRISON PL

MILES AVE

CALHOUN ST
AVENUE 52

JEFFERSON ST
AVENUE 54

MADISON ST
AVENUE 46

JACKSON ST

VAN BUREN ST

ADAMS ST

HARRISON ST
AVENUE 48
AVENUE 49

HJORTH ST

EISENHOWER DR

WASHINGTON ST DILLON RD
AVENUE 51

FREDRICK ST

MONROE ST

MADISON ST

GUITRON ST

DUNE PALMS RD

CLINTON ST

AVENIDA DE ORO
Bicycle Class
Class I
Class II
Class III
Class IV One-way
Class IV Two-Way
Arts and Music Line and School Connections to Spurs
10050 Miles0

PROJECT LOCATION

RIVERSIDE COUNTY

Amendment Four to the Agency Reimbursement Agreement by and between the ...Page 180 of 331 ATTACHMENT 2

AMENDMENT FOUR TO REIMBURSEMENT

AGREEMENT WITH CVAG FOR

ARTS AND MUSIC LINE

Amendment Four to the Agency Reimbursement Agreement by and between the ... Page 181 of 331 Contract No. CVAG-22-003-04
Project: ATP – Arts and Music Line

AMENDMENT NUMBER FOUR
TO THE

REIMBURSEMENT AGREEMENT BY AND BETWEEN

CVAG AND THE CITY OF INDIO

FOR THE
ATP – ARTS AND MUSIC LINE

This AMENDMENT NUMBER FOUR is made and entered into this 2nd day of December 2024, by and between the Coachella Valley Association of Governments, a California joint powers agency (CVAG), the City of Indio (Agency) and is made with reference to the following background facts and circumstances. All other terms and conditions shall remain the same as stated in the original agreement dated September 30, 2019 for the ATP – Arts and Music Line Project.

1. This Amendment Number Four authorizes the additional scope of services in accordance with the attached Albert A. Webb Associates letter dated September 19, 2024 for the not-to-exceed amount of $76,950.00. The total amount payable shall not exceed $6,103,412.00.

2. This Amendment Number Four is shared only between CVAG and the City of Indio for project work requested by the City of Indio for stormwater and privacy wall improvements within the project work limits in the City of Indio. The CVAG share is $36,102.00 and the City of Indio share is $40,848.00.

3. This Amendment Number Four increases CVAG’s Regional Share to $5,676,496, and the total Local Share to $1,920,979.

4. This Amendment Number Four authorizes CVAG to amend the cost -sharing agreements between CVAG and the City of Indio for design costs related to the ATP - Arts and Music Line, by adding $76,950 to the total costs for a revised total of $7,597,475 with the cost sharing detailed in the following table:

CVAG Approval
Date
Amendment
Amount
Regional
Share
Local
Share
Original Contract September 30, 2019 $2,731,897 $2,048,923 $682,974 Amendment Number One December 5, 2022 $1,060,000 $795,000 $265,000 Amendment Number Two December 4, 2023 $1,494,063 $1,120,547 $373,516 Amendment Number Three April 29, 2024 $2,234,565 $1,675,924 $558,641 Amendment Number Four December 2, 2024 $76,950 $36,102 $40,848 Total Contract not-to-exceed $7,597,475 $5,676,496 $1,920,979

Based on the revised additional $40,848 only to City of Indio local share, the revised local share totals $1,920,979 per this amendment. Contributions from the cities of La Quinta and Coachella remain unchanged, as follows:

La Quinta Indio Coachella Total Local Share
(25%)
$470,033 $1,300,536 $150,410 $1,920,979
(24%) (68%) (8%) (100%)

Amendment Four to the Agency Reimbursement Agreement by and between the ... Page 182 of 331 Contract No. CVAG-22-003-04
Project: ATP – Arts and Music Line

Consistent with CVAG Policy 21-02, this amendment shall be executed with the use of electronic or digital signatures in order to be in effect.

The parties hereto have caused this Amendment Number Four to be executed by their duly authorized representatives on the above-reference date.

ATTEST CITY OF INDIO

By: ___________________________ By: ___________________________ Steven Graham, City Attorney Bryan Montgomery, City Manager

ATTEST COACHELLA ASSOCIATION OF

GOVERNMENTS

By: _______________________________ By: _____________________________ Allen McMillen, Contract Analyst II Tom Kirk, CVAG Executive Director

Amendment Four to the Agency Reimbursement Agreement by and between the ... Page 183 of 331 Contract No. CVAG-22-003-04
Project: ATP – Arts and Music Line

Attachment A-1
Albert A. Webb Associates – Arts & Music Line Amendment No. 4 Additional Scope of Services and Compensation

Please refer to the following Albert A. Webb Associates letter dated September 19, 2024

Amendment Four to the Agency Reimbursement Agreement by and between the ... Page 184 of 331

H:\2020\20-0003\Proposals, Contracts, & Change Orde rs\Amendment 4\20-0003_Amendment #4.docx September 10, 2024

Mr. Randy Bowman
Program Manager - Transportation
Coachella Valley Association of Governments
74-199 El Paseo, Suite 100
Palm Désert, CA 92260

RE: CVAG’s Arts & Music Line Contract Amendment #4 (CVAG-19-099)

Dear Randy:

Albert A. Webb Associates (WEBB) requests an amendment for the Arts & Music Line project to include additional professional services. These services cover geotechnical investigation, drainage analysis, storm drain design, and sound wall engineering. A detailed description of these services is provided in Exhibit A, and Exhibit B outlines the compensation for the additional work.

Sincerely,

Albert A. Webb Associates

Dilesh Sheth, PE, TE
Senior Vice President

Amendment Four to the Agency Reimbursement Agreement by and between the ... Page 185 of 331 CVAG’S ARTS & MUSIC LINE CONTRACT AMENDMENT #4 (CVA G-19-099)

H:\2020\20-0003\Proposals, Contracts, & Change Orde rs\Amendment 4\20-0003_Amendment #4.docx

EXHIBIT A - SCOPE OF SERVICES
Task 1 – Percolation Tests, Drainage Study, and Storm Drain Design for Avenue 48 from Youngs Lane to Hjorth Street
The City of Indio seeks to address the drainage issues and mitigate capacity reduction because of the bike barrier on Avenue 48, from Youngs Lane to Hjorth Street, by proposing a solution to minimize the problem. The City aims to utilize two existing city-maintained retention basins located north of Avenue 48 between Youngs Lane and Madison Street and Avenu e 48 parkway by installing underground storm drains.

WEBB recommends conducting percolation tests (two in the retention basins and two in the parkway) in accordance with the Riverside County Handbook, p reparing a drainage analysis with recommendations, and designing an underground drain age system. Amendment #3 covered the scope and budget for percolation tests, drainage analysis, and storm drain design for Solano Avenue but did not include the area between Youngs Lane and Hjorth Street.

Our scope of service is as follows:

1.1 Percolation Tests:

Four percolation borings will be hand-dug to a depth of 10 feet below the ground surface. Soil samples will be collected for grain size analyses. Percolation pipes will be installed in the borings, and the test locations will be pre-saturated. Percolation testing will be conducted in accordance with the Riverside County Handbook. After testing, the percolation pipes will be removed, and the borings will be loosely backfilled with native soil. Laboratory testing, expected to include grain size analyses, will be performed. The final laboratory test program will be determined based on the soil conditions encountered during the investigation. A limited percolation test report will be prepared, detailing the encountered soil types, grain size analysis results, percolation test data with calculated infiltration rates, and a figure showing the percolation test locations.

1.2 Drainage Study:

The scope of work includes conducting hydraulic computations using normal depth analyses to assess the street capacity for 10-year and 100-year storm events. These capacity analyses will be performed at 200 to 300-foot intervals to identify critical flooding conditions. The hydraulic computations will evaluate the following:
o Determine the capacity added to the two city-mainta ined retention basins, installing an underground storm drain system.
o Review the City’s MDP and provide solutions considering recommendations provided in the document.
o Assess street capacity based on the right-of-way elevation. o Assess street capacity based on the top of curb elevation. o Assess street capacity based on maintaining a dry lane.

Amendment Four to the Agency Reimbursement Agreement by and between the ... Page 186 of 331 CVAG’S ARTS & MUSIC LINE CONTRACT AMENDMENT #4 (CVA G-19-099)

H:\2020\20-0003\Proposals, Contracts, & Change Orde rs\Amendment 4\20-0003_Amendment #4.docx The hydraulic computations will identify the controlling conditions for the street based on existing drainage patterns. These computations will be used to develop mitigation measures to address flooding issues. Additional design criteria and requirements for the proposed improvements, including permit and approval requirements from jurisdictional agencies, will also be identified. All findings and recommendations will be compiled into the Drainage Improvement Recommendation Report.

The project contract and all approved amendments included the scope and budget for conducting a drainage analysis to determine the openings in the bike barriers, mitigate the lost capacity caused by these barriers, and provide a solution using underground storm drain pipes on Solano Avenue. The above-mentioned scope of work was not included.

1.3 Design Underground Drainage System:

The work scope involves designing an underground st orm drain system, to be located on the north side of Avenue 48 within the parkway and behind the curb. This includes laying out the storm drain system and identifying the locations of inlets, manholes, and pipes to ensure efficient stormwater runoff collection. Comprehensive construction drawings will be developed to illustrate the storm drain system layout, including dimensions, materials, and installation guidelines.

Task 2 – Design of Storm Drain and Sound Wall in the Median Between Avenue 48 and Solano Avenue
Previously, we conducted an analysis and recommende d installing an underground storm drain system in the median between Avenue 48 and Solano Avenue to mitigate the reduced capacity caused by the proposed bike barrier on the north side of Avenue 48. The following scope of work includes designing this underground storm drain system. Additionally, the city has requested a sound wall in the median. Due to the proximity of the underground percolation-based storm drain system, the sound wall will necessitate structural design.

2.1 Design Underground Drainage System:

The storm drain system will be designed, specifying the locations of inlets, manholes, and pipes to ensure the effective collection of stormwater runoff. Detailed construction drawings will be developed to illustrate the layout of the storm drain system in detail, providing dimensions, materials, and installation instructions.

2.2 Design Soundwall:

A structural design will be developed for the foundation of the sound wall. The sound wall will be designed according to Caltrans Standard Plan B15, and the foundation will be designed based on the recommendations of the structural engineer.

Task 3 – Perform Potholing for Underground Storm Drains and Soundwall Foundations

3.1 Potholing:

We estimate that 8 potholes are needed for the underground storm drain and sound wall foundations.

Amendment Four to the Agency Reimbursement Agreement by and between the ... Page 187 of 331 CVAG’S ARTS & MUSIC LINE CONTRACT AMENDMENT #4 (CVA G-19-099)

H:\2020\20-0003\Proposals, Contracts, & Change Orde rs\Amendment 4\20-0003_Amendment #4.docx Task 4 – Prepare specifications and cost estimates

4.1 Specifications :

Draft technical specifications outlining the materials, construction methods, and quality control procedures for the storm drain and sound wall.

4.2 Cost Estimation :

Calculate and determine the cost for materials, labor, and equipment required to construct the storm drain systems and sound walls.

Amendment Four to the Agency Reimbursement Agreement by and between the ... Page 188 of 331 CVAG’S ARTS & MUSIC LINE CONTRACT AMENDMENT #4 (CVA G-19-099)

H:\2020\20-0003\Proposals, Contracts, & Change Orde rs\Amendment 4\20-0003_Amendment #4.docx

EXHIBIT B - COMPENSATION FOR ADDITIONAL SCOPE OF SE RVICES

Services described in our Scope of Work (Exhibit “A ”) shall be provided on a time and material basis not to exceed $76,950.

Compensation Breakdown
1 -
Task 1.1-Percolation Tests

$ 13,138

Task 1.2-Drainage Study $ 7,916
Task 1.3-Design Underground Drainage System $ 1 4,788 2 –
Task 2.1-Design Underground Drainage System

$ 14,788

Task 2.2-Design Soundwall $ 9,492
3 –
Task 3.1-Potholing
4 –
$ 11,530
Task 4.1-Specifications $ 3,114
Task 4.2- Cost Estimate $ 2,184
$ 76,950

Amendment Four to the Agency Reimbursement Agreement by and between the ... Page 189 of 331 City of Indio
City Council
January 15, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Amendment One to the Agency Reimbursement Agreement by and between the Coachella Valley Association of Governments (CVAG) and the City of Indio for the Jefferson Street Widening Project from Avenue 38 to Sun City Boulevard (Project No. ST2203)

RECOMMENDATION:

Approve Amendment One to the Reimbursement Agreement by and between the Coachella Valley Association of Governments (CVAG) and the City of Indio for the Jefferson Street Widening Project from Avenue 38 to Sun City Boulevard (Project No. ST2203), to extend the time trigger for the start of the final design phase from December 5, 2024, to December 5, 2025.

SUMMARY:

The Jefferson Street Widening Project from Avenue 38 to Sun City Boulevard, (Project No.

ST2203), proposes to widen the road to two lanes in each direction north of Avenue 40 and three lanes in each direction south of Avenue 40. In alignment with the Regional Active Transportation Plan and City General Plan, the project will also incorporate appropriate bicycle and pedestrian facilities. Additional time is necessary to begin the final design phase to allow for public participation in the final proposed alternative for the necessary widening and active transportation elements.

BACKGROUND INFORMATION:

In August 2022, the City requested funding from the Coachella Valley Association of Governments through Measure A and the Transportation Uniform Mitigation Fee (TUMF) Programs to cover 75% of the preliminary design and environmental costs for improving Jefferson Street from Avenue 38 to Sun City Boulevard. This project aims to expand the current one to two-lane road into a four to six- lane long-term City’s our with aligning traffic congestion projected addressing road, and transportation goals.

A traffic study conducted along the Jefferson Street corridor north of Interstate 10 demonstrated that, without improvements, Jefferson Street is expected to operate at an unacceptable Level of Service (LOS) E due to increasing daily traffic volumes. The proposed expansion would bring the entire corridor up to an acceptable level of service, significantly improving traffic flow for our residents and visitors.

In December 2022, the City entered into an agreement with CVAG, establishing a $300,000 budget for preliminary engineering and environmental studies, with a time trigger of December 5, 2024, to begin the final design phase. Since then, the City has been diligently working on developing and AGENDA ITEM #10.14
Amendment One to the Agency Reimbursement Agreement by and between the C... Page 190 of 331 refining design concepts that incorporate appropriate bicycle and pedestrian facilities in line with the Regional Active Transportation Plan and City General Plan.

To ensure a comprehensive approach to the project's development, the City is requesting an extension of the design phase start date to December 5, 2025. This additional time will allow the City to thoroughly evaluate all aspects of the project, including community input, environmental considerations, and integration with existing infrastructure. This careful planning process will help us develop a solution that best serves our community's needs and maximizes the project's long-term benefits. CVAG’s Executive Committee approved this Amendment One at their meeting on December 2, 2024.

Once the planning and environmental process has been completed, staff will request additional funds from CVAG to proceed with the final design phase of the project.

FINANCIAL SUMMARY:

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

N/A

Additional Financial Details:

There is no cost to extend the final design phase of the Jefferson Street Widening Project from Avenue 38 to Sun City Boulevard (Project No. ST2203) by one year. The total cost for the preliminary design and environmental studies phase of the Jefferson Street Widening Project from Avenue 38 to Sun City Boulevard (Project No. ST2203) is estimated at $300,000. In accordance with the Agency Reimbursement Agreement, CVAG will reimburse the City for 75% of the total design cost up to $225,000. The City’s 25% share is expected to total approximately $75,000. The City’s share is currently budgeted in the Capital Improvement Program using Developer Impact Fees for Roads (Fund 313).

The table below shows the PS&E expenditures budget related to the Jefferson Street Widening Project from Avenue 38 to Sun City Boulevard (Project No. ST2203).

Total PS&E Phase: $300,000

CVAG Funding (75%) $225,000
City of Indio Funding (25%) $75,000

ATTACHMENTS:

Attachment 1 - Project Location Map
Attachment 2 - Amendment One to the Reimbursment Agreement with CVAG for the Jefferson Street Widening

Amendment One to the Agency Reimbursement Agreement by and between the C... Page 191 of 331 APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 07 Jan 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 08 Jan 2025 Ruby D. Walla, Director of Finance Approved - 08 Jan 2025 Bryan H. Montgomery, City Manager Approved - 09 Jan 2025

Amendment One to the Agency Reimbursement Agreement by and between the C... Page 192 of 331 ATTACHMENT 1

PROJECT LOCATION MAP

Amendment One to the Agency Reimbursement Agreement by and between the C... Page 193 of 331

Amendment One to the Agency Reimbursement Agreement by and between the C... Page 194 of 331 ATTACHMENT 2

REIMBURSEMENT AGREEMENT WITH CVAG FOR

THE JEFFERSON STREET WIDENING PROJECT

Amendment One to the Agency Reimbursement Agreement by and between the C... Page 195 of 331 Contract No. CVAG-22-043-01
Project: Jefferson Street Widening (Ave 38 to Sun City Blvd)

AMENDMENT NUMBER ONE
to the

AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN

CVAG AND THE CITY OF INDIO
for

PRELIMINARY DESIGN AND ENVIRONMENTAL STUDIES (PS&E)
JEFFERSON STREET WIDENING FROM AVENUE 38 TO SUN CITY BOULEVARD

This AMENDMENT NUMBER ONE is made and entered into this 2nd day of December 2024, by and between the Coachella Valley Association of Governments, a California joint powers agency (CVAG), and City of Indio (“Agency”), and is made with reference to the following background facts and circumstances. All other terms and conditions shall remain the same as stated in the original Agreement dated December 5, 2022, Preliminary Design and Environmental Studies (PS&E) for the Jefferson Street Widening (Ave 38 to Sun City Blvd).

This Amendment Number One extends the time trigger to December 5, 2025.

Original Agreement December 5, 2022 $225,000
Amendment Number One December 2, 2024 $0
Total Agreement Not-to-Exceed $225,000

Consistent with CVAG Policy 21-02, this amendment shall be executed with the use of electronic or digital signatures in order to be in effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number One to be executed by their duly authorized representatives on this date:

COACHELLA VALLEY ASSOCIATION OF

GOVERNMENTS

ATTEST: CITY OF INDIO

By: ________________________________ By: __________________________ Bryan Montgomery, City Manager Glenn Miller, Mayor

ATTEST: COACHELLA ASSOCIATION OF

GOVERNMENTS

By: _______________________________ By: ___________________________ Tom Kirk, Executive Director Ted Weill, Chair

Amendment One to the Agency Reimbursement Agreement by and between the C... Page 196 of 331 City of Indio
City Council
January 15, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Amendment Two to the Agency Reimbursement Agreement by and between the Coachella Valley Association of Governments (CVAG) and the City of Indio for the Avenue 50 and Jackson Street Intersection Improvements Project (Project No. TS1901)

RECOMMENDATION:

Valley Coachella the between Agreement to the Two Amendment Approve Reimbursement Association of Governments (CVAG) and the City of Indio for the Avenue 50 and Jackson Street Intersection Improvements Project (Project No. TS1901).

SUMMARY:

In April 2018, CVAG approved a reimbursement agreement with the City of Indio for improvements to the intersection of Avenue 50 and Jackson Street. In December 2020, CVAG approved Amendment 1 to the agreement for final design and right-of-way acquisition. In August 2024, the City began construction on Phase 1 of the improvements and Amendment Two of the agreement addresses regional funding for this phase.

BACKGROUND INFORMATION:

On April 30, 2018, the City of Indio and CVAG entered into an agreement to plan and review environmental impacts for improvements at the intersection of Jackson Street and Avenue 50. The project aims to widen the intersection to align with the General Plan, adding two lanes in each direction on both streets.

Initially, the City planned to improve only the east side of Jackson Street from Avenue 49 to 1,000 feet south of Avenue 50. However, since part of the area lies within Riverside County, the City worked with the County to extend the improvements south to Avenue 52, including adding traffic signals at Avenue 51 and Avenue 52. A Cooperative Agreement was finalized, designating Indio as the lead agency for the project.

The final project will widen Jackson Street from Avenue 49 to Avenue 52 and Avenue 50 from Vista Montana Court to the city’s eastern limits. It will include new traffic signals at key intersections, underground drainage improvements and other utilities along Avenue 50.

Due to delays with right-of-way and utility relocation, the project has been divided into phases.

Phase 1, which focuses on work within the current right-of-way, began in August 2024 and is expected to be mostly completed by August 2025. Phase 2, starting in August 2025, will include AGENDA ITEM #10.15
Amendment Two to the Agency Reimbursement Agreement by and between the C... Page 197 of 331 concrete work, final drainage, and utility undergrounding. CVAG has approved funding for Phase 1, and a request for Phase 2 funding will be submitted later.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$1,878,799 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$4,135,735 Strategic Objective: Community Infrastructure Source of funds: Capital Projects, DIF-Roads,
DIF-Storm Drain, DIF- Traffic
Signals, Other Agency Funds
Fund-Org-Object
Reference:
300-523006

Additional Financial Details:

The anticipated total cost of the Avenue 50 and Jackson Street Intersection Improvements Project is estimated at $26.18 million. Of that, the City has secured $525,000 from the Coachella Valley Mountain Conservancy (CVMC) for drainage improvements in the project area and CVAG is covering 75% of costs for engineering, project management, right-of-way, and the construction and management of Phase 1.

Here’s how the budget breaks down for Amendment One, Amendment Two, and the total cost, along with estimated costs for Phase 2:

Phase 1 Phase 2
Amendment 1 Amendment 2 Total Estimated Cost
Administration $103,185 - $103,185 $89,037
Project
Management $125,000 - $125,000 -
Preliminary
Engineering $328,889 - $328,889 -
Final Engineering
and Construction
Support
$293,911 $153,709 $447,620 -
ROW
Engineering $199,015 - $199,015 -
Right of Way
Acquisition $544,600 - $544,600 -
Construction
Engineering - $933,334 $933,334 1,950,000
Construction - $6,222,226 $6,222,226 $13,000,000
Subtotal $1,594,600 $7,309,269 $8,903,869 $15,039,037 Contingency
(10%) - $730,927 $730,927 $1,503,904
Total
Expenditures $1,594,600 $8,040,196 $9,634,796 $16,542,941

Amendment Two to the Agency Reimbursement Agreement by and between the C... Page 198 of 331 CVMC - $525,000 $525,000 -
CVAG Share
(75%) $1,195,950 $5,643,750 $6,839,700 $12,407,206
City of Indio
Share (25%) $398,650 $1,871,446 $2,270,096 $4,135,735 Total Revenue $1,594,600 $8,040,196 $9,634,796 $16,542,941

For funding, CVMC contributed $525,000. CVAG will cover 75% of eligible costs, and the City is responsible for the remaining 25%. Riverside County will pay 50% of the City’s local share for design and 100% of ROW and construction costs within County jurisdiction. A separate agreement with the County will specify the cost-sharing details for Phase 1. This item only covers the reimbursement agreement with CVAG.

The City’s share of Phase 1 is included in the City’s Capital Improvement Program budget for FY2024/25; with the remaining to be programed into the FY2025/26 budget. The project is also using funds from development impact fees for roads (DIF-Roads), storm drains (DIF-Storm Drain), and traffic signals (DIF-Traffic Signals).

ATTACHMENTS:

Attachment 1 - Project Location Map
Attachment 2 - Amendment Two to Reimbursement Agreement with CVAG for Avenue 50 and Jackson Street Improvement Project

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 07 Jan 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 08 Jan 2025 Ruby D. Walla, Director of Finance Approved - 09 Jan 2025 Bryan H. Montgomery, City Manager Approved - 09 Jan 2025

Amendment Two to the Agency Reimbursement Agreement by and between the C... Page 199 of 331 ATTACHMENT 1

PROJECT LOCATION MAP

Amendment Two to the Agency Reimbursement Agreement by and between the C... Page 200 of 331

Amendment Two to the Agency Reimbursement Agreement by and between the C... Page 201 of 331 ATTACHMENT 2
AMENDMENT 2 TO THE AGENCY REIMBURSEMENT
WITH CVAG FOR AVENUE 50 AND

JACKSON STREET IMPROVEMENT PROJECTS

Amendment Two to the Agency Reimbursement Agreement by and between the C... Page 202 of 331 Contract No. CVAG-20-021-02
Project: Avenue 50 and Jackson Street Intersection

AMENDMENT NUMBER TWO
TO THE

REIMBURSEMENT AGREEMENT BETWEEN CVAG AND THE CITY OF INDIO

FOR THE
AVENUE 50 AND JACKSON STREET INTERSECTION PROJECT
This
AMENDMENT NUMBER TWO is made and entered into this 2 nd day of December, 2024, by and between the Coachella Valley Association of Governments (CVAG), a California joint powers agency, the City of Indio (City), and is made with reference to the following background facts and circumstances. All other terms and conditions shall remain the same as stated in the original Agreement for the Avenue 50 and Jackson Street intersection project.

This
Amendment Number Two shall authorize reimbursement through Phase I of construction bringing CVAG’s regional share to a not- to-exceed total of $6,839,700 for Design and Construction of Phase I. At some future point in time, another amendment will be required for Phase 2 construction funding.

Su
mmary for CVAG’s 75% Regional Share:

Original Agreement June 2018 $ 225,000
Amendment Number One December 2020 $ 970,950
Amendment Number Two December 2024 $ 5,643,750
Total Amount Not to Exceed $ 6,839,700
Con
sistent with CVAG Policy 21-02, this amendment shall be executed with the use of electronic or digital signatures in order to be in effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number Two to be executed by their duly authorized representatives on this date:

AT

TEST CITY OF INDIO
By:
__________________________ By: __________________________ Bryan Montgomery, City Manager Glenn Miller, Mayor
AT

TEST CVAG
By: __________________________
By: __________________________
Tom Kirk Ted W eill
Executive Director CVAG Chair

Amendment Two to the Agency Reimbursement Agreement by and between the C... Page 203 of 331 City of Indio
City Council
January 15, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Amendment 1 to the Professional Services Agreement with Albert A. Webb Associates in an amount not to exceed $444,532 for the Avenue 50 Widening and Avenue 52 Improvement Projects (Project Nos. ST2004 and ST2204)

RECOMMENDATION:

Approve Amendment 1 to the Professional Services Agreement with Albert A. Webb Associates in an amount not to exceed $444,532 for the Avenue 50 Widening and Avenue 52 Improvement Projects (Project Nos. ST2004 and ST2204); and authorize the City Manager to execute the Amendment.

SUMMARY:

In March 2023, the City entered into a contract with Albert A. Webb Associates to begin the Preliminary Engineering and Environmental Documentation preparation for two projects. The first project, City Project No. ST2004, includes proposed improvements to widen Avenue 50 to its ultimate condition with two lanes in each direction, bicycle, and pedestrian facilities from Jefferson Street proposed includes ST2204, No. Project City The second Street. Jackson to project, improvements to widen the north side of Avenue 52 to include bicycle and pedestrian facilities from Madison Street to Monroe Street. The preliminary engineering, referred to as Phase I, has been completed for the second project along Avenue 52 and this Amendment 1 authorizes the scope and fee for the completion of the Avenue 52 project development.

BACKGROUND INFORMATION:

The north side of Avenue 52, between Madison Street and Monroe Street is missing curb, gutter, and sidewalk. The proposed improvements include widening Avenue 52 to accommodate bicycle and pedestrian infrastructure.

On March 1, 2023, the City entered into a contract with Albert A. Webb Associates to begin the Phase I – Preliminary Engineering and Environmental Documentation preparation. This included evaluating the project for cultural and paleontological impacts, identifying right of way conflicts, and developing a conceptual plan of the proposed improvements.

Preliminary drawings for improvements along Avenue 52 were provided in May 2024 and the environmental studies were completed in June 2024. The project is ready to begin Phase II – Final Plans, Specifications, and Estimate (PS&E) and Albert A. Webb Associates provided a proposed scope and fee for these services. Staff has reviewed the scope and fee and believe that they presented a fair and reasonable cost to the City.

AGENDA ITEM #10.16
Amendment 1 to the Professional Services Agreement with Albert A. Webb A... Page 204 of 331

The City is still working with Albert A. Webb Associates on the environmental documentation for the improvements along Avenue 50. A separate amendment will be negotiated for Phase II of the Avenue 50 project when ready.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$375,988 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$68,544 Strategic Objective: Community Infrastructure Source of funds: Gas Tax Fund-Org-Object
Reference:
210

Additional Financial Details:

This is an approved Capital Improvement Project and total funding for the completion of this project is detailed in the Capital Improvement Plan. Amendment 1 with Albert A. Webb Associates is consistent with the available budget and will be funded with Gas Tax.

ATTACHMENTS:

Attachment 1 - Preliminary Plans
Attachment 2 - Amendment 1 to the PSA with Albert A. Webb Associates

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 07 Jan 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 08 Jan 2025 Ruby D. Walla, Director of Finance Approved - 08 Jan 2025 Bryan H. Montgomery, City Manager Approved - 09 Jan 2025

Amendment 1 to the Professional Services Agreement with Albert A. Webb A... Page 205 of 331 ATTACHMENT 1

PRELIMINARY PLANS

Amendment 1 to the Professional Services Agreement with Albert A. Webb A...Page 206 of 331 s s ss
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IN THE CITY OF INDIO, STATE OF CALIFORNIASTREET IMPROVEMENT PLANSAVENUE 52 STREET IMPROVEMENTSCITY PROJECT # ST 2204 PROJECT No. APN.SEC. , T. S., R. E., S.B.B. & M.SITE ADDRESS

PREPARED FORSCALE
DRAWN BY FAX(760) 342 - 6590TELEPHONE(760) 391-4017100 CIVIC CENTER MALLINDIO, CA 92201www.indio.orgDATEBYINSPECTOR:CONTRACTOR:AS BUILT COMP. DATE:DATE COMPLETED:ENGINEERCONSTRUCTION RECORDDATER E V I S I O N SAPP'D SHEET No.

BASIS OF BEARING: BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE 6, (2010.00 EPOCH).IN ACCORDANCE WITH THE CALIFORNIA PUBLIC RESOURCES CODE SECTIONS 8801-8819. COORDINATESWERE DEVELOPED USING CORS STATION "DSSC" AND "P600".

DESIGNED BYENGINEER'S NAMEDATENAME OF FIRM: MARK THOMASFIRM ADDRESS: 4200 CONCOURS ST.TELEPHONE #FAX # CITY FILE No.SHEETSOFTITLE:R.C.E. No.

PLOT STAMPDESIGNER'S SEALAPPROVER'S SEALPLAN CHECKED BYAPPROVED BYRCE No. 68510JUAN RAYA, P.E.CITY ENGINEERDATE:

I.P. No. 21-012UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIAGDIDIAL TOLL FREE1-800-227-2600BEFORE YOU DIGAT LEAST TWO DAYSRTEAL SUITE 330ONTARIO, CA 91764AVENUE 52 STREETIMPROVEMENTSCITY OF INDIOST2204BENCHMARK: CITY OF INDIO BENCH MARK # 118, A CHISELED SQUARE ON THE WESTERLYEND OF CURB RETURN AT THE SOUTHWEST HIGHWAY 111 AND JACKSON STREET.ELEVATION = 481.69' 6 AVENUE 52AVENUE 51MADISON ST

MONROE ST
AVENUE 50
AVENUE 53

MERIWETHERWAY

JACKSON ST

JEFFERSON ST
SHEET INDEXNO.DESCRIPTION1TITLE SHEET2ABBREVIATIONS, LEGENDS, AND TYPICAL SECTIONS3STANDARD PROJECT NOTES4- 6STREET IMPROVEMENT PLANSPROJECT SITE J:\Webb-23-00085 Indio Ave 52 Street Imp\CADD\Sheets\01_T-1.dwg

Amendment 1 to the Professional Services Agreement with Albert A. Webb A...Page 207 of 331

ABBREVIATIONSABAGGREGATE BASEBEGBEGINC&GCURB AND GUTTERDWYDRIVEWAYELECTELECTRICEOPEDGE OF PAVEMENTEXEXISTINGHMAHOT MIX ASPHALTOHOVERHEADPCCPORTLAND CEMENT CONCRETEPROPPROPOSEDR/WRIGHT OF WAYSTSTREETSTASTATIONSTDSTANDARDTELETELECOMMUNICATIONVARVARIESWWIDTH LEGENDSYMBOLSDESCRIPTIONSTREET WIDENING WITH 5" HMA OVER 8" ABPCCPAVEMENT REHABILITATIONAB PROJECT No. APN.SEC. , T. S., R. E., S.B.B. & M.SITE ADDRESS

PREPARED FORSCALE
DRAWN BY FAX(760) 342 - 6590TELEPHONE(760) 391-4017100 CIVIC CENTER MALLINDIO, CA 92201www.indio.orgDATEBYINSPECTOR:CONTRACTOR:AS BUILT COMP. DATE:DATE COMPLETED:ENGINEERCONSTRUCTION RECORDDATER E V I S I O N SAPP'D SHEET No.

BASIS OF BEARING: BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE 6, (2010.00 EPOCH).IN ACCORDANCE WITH THE CALIFORNIA PUBLIC RESOURCES CODE SECTIONS 8801-8819. COORDINATESWERE DEVELOPED USING CORS STATION "DSSC" AND "P600".

DESIGNED BYENGINEER'S NAMEDATENAME OF FIRM: MARK THOMASFIRM ADDRESS: 4200 CONCOURS ST.TELEPHONE #FAX # CITY FILE No.SHEETSOFTITLE:R.C.E. No.

PLOT STAMPDESIGNER'S SEALAPPROVER'S SEALPLAN CHECKED BYAPPROVED BYRCE No. 68510JUAN RAYA, P.E.CITY ENGINEERDATE:

I.P. No. 21-012UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIAGDIDIAL TOLL FREE1-800-227-2600BEFORE YOU DIGAT LEAST TWO DAYSRTEAL SUITE 330ONTARIO, CA 91764AVENUE 52 STREETIMPROVEMENTSCITY OF INDIOST2204BENCHMARK: CITY OF INDIO BENCH MARK # 118, A CHISELED SQUARE ON THE WESTERLYEND OF CURB RETURN AT THE SOUTHWEST HIGHWAY 111 AND JACKSON STREET.ELEVATION = 481.69' 6 FROM MADISON ST TO MONROE STJ:\Webb-23-00085 Indio Ave 52 Street Imp\CADD\Sheets\02_G-1.dwg

Amendment 1 to the Professional Services Agreement with Albert A. Webb A...Page 208 of 331 PROJECT No. APN.SEC. , T. S., R. E., S.B.B. & M.SITE ADDRESS

PREPARED FORSCALE
DRAWN BY FAX(760) 342 - 6590TELEPHONE(760) 391-4017100 CIVIC CENTER MALLINDIO, CA 92201www.indio.orgDATEBYINSPECTOR:CONTRACTOR:AS BUILT COMP. DATE:DATE COMPLETED:ENGINEERCONSTRUCTION RECORDDATER E V I S I O N SAPP'D SHEET No.

BASIS OF BEARING: BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE 6, (2010.00 EPOCH).IN ACCORDANCE WITH THE CALIFORNIA PUBLIC RESOURCES CODE SECTIONS 8801-8819. COORDINATESWERE DEVELOPED USING CORS STATION "DSSC" AND "P600".

DESIGNED BYENGINEER'S NAMEDATENAME OF FIRM: MARK THOMASFIRM ADDRESS: 4200 CONCOURS ST.TELEPHONE #FAX # CITY FILE No.SHEETSOFTITLE:R.C.E. No.

PLOT STAMPDESIGNER'S SEALAPPROVER'S SEALPLAN CHECKED BYAPPROVED BYRCE No. 68510JUAN RAYA, P.E.CITY ENGINEERDATE:

I.P. No. 21-012UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIAGDIDIAL TOLL FREE1-800-227-2600BEFORE YOU DIGAT LEAST TWO DAYSRTEAL SUITE 330ONTARIO, CA 91764AVENUE 52 STREETIMPROVEMENTSCITY OF INDIOST2204BENCHMARK: CITY OF INDIO BENCH MARK # 118, A CHISELED SQUARE ON THE WESTERLYEND OF CURB RETURN AT THE SOUTHWEST HIGHWAY 111 AND JACKSON STREET.ELEVATION = 481.69' 6 “ ”
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PREPARED FORSCALE
DRAWN BY FAX(760) 342 - 6590TELEPHONE(760) 391-4017100 CIVIC CENTER MALLINDIO, CA 92201www.indio.orgDATEBYINSPECTOR:CONTRACTOR:AS BUILT COMP. DATE:DATE COMPLETED:ENGINEERCONSTRUCTION RECORDDATER E V I S I O N SAPP'D SHEET No.

BASIS OF BEARING: BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE 6, (2010.00 EPOCH).IN ACCORDANCE WITH THE CALIFORNIA PUBLIC RESOURCES CODE SECTIONS 8801-8819. COORDINATESWERE DEVELOPED USING CORS STATION "DSSC" AND "P600".

DESIGNED BYENGINEER'S NAMEDATENAME OF FIRM: MARK THOMASFIRM ADDRESS: 4200 CONCOURS ST.TELEPHONE #FAX # CITY FILE No.SHEETSOFTITLE:R.C.E. No.

PLOT STAMPDESIGNER'S SEALAPPROVER'S SEALPLAN CHECKED BYAPPROVED BYRCE No. 68510JUAN RAYA, P.E.CITY ENGINEERDATE:

I.P. No. 21-012UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIAGDIDIAL TOLL FREE1-800-227-2600BEFORE YOU DIGAT LEAST TWO DAYSRTEAL SUITE 330ONTARIO, CA 91764AVENUE 52 STREETIMPROVEMENTSCITY OF INDIOST2204BENCHMARK: CITY OF INDIO BENCH MARK # 118, A CHISELED SQUARE ON THE WESTERLYEND OF CURB RETURN AT THE SOUTHWEST HIGHWAY 111 AND JACKSON STREET.ELEVATION = 481.69' 6 FROM MADISON ST TO STA 28+50J:\Webb-23-00085 Indio Ave 52 Street Imp\CADD\Sheets\04_C-1.dwg LEGENDSYMBOLSDESCRIPTIONSTREET WIDENING WITH 5" HMA OVER 8" ABPCC3" GRIND AND OVERLAY WITH HMAFULL PAVEMENT SECTION REPLACEMENT WITH 5" HMAOVER 8" ABEX 4" GAS, SOCALGASEX ELECT (OH), IIDEX ELECT, IIDEX TELE, FRONTIEREX 18" WATER, CVWDNEW STORM DRAIN IMPROVEMENTS 4''gse (oh)etc18''w

Amendment 1 to the Professional Services Agreement with Albert A. Webb A...Page 210 of 331 s s

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PREPARED FORSCALE
DRAWN BY FAX(760) 342 - 6590TELEPHONE(760) 391-4017100 CIVIC CENTER MALLINDIO, CA 92201www.indio.orgDATEBYINSPECTOR:CONTRACTOR:AS BUILT COMP. DATE:DATE COMPLETED:ENGINEERCONSTRUCTION RECORDDATER E V I S I O N SAPP'D SHEET No.

BASIS OF BEARING: BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE 6, (2010.00 EPOCH).IN ACCORDANCE WITH THE CALIFORNIA PUBLIC RESOURCES CODE SECTIONS 8801-8819. COORDINATESWERE DEVELOPED USING CORS STATION "DSSC" AND "P600".

DESIGNED BYENGINEER'S NAMEDATENAME OF FIRM: MARK THOMASFIRM ADDRESS: 4200 CONCOURS ST.TELEPHONE #FAX # CITY FILE No.SHEETSOFTITLE:R.C.E. No.

PLOT STAMPDESIGNER'S SEALAPPROVER'S SEALPLAN CHECKED BYAPPROVED BYRCE No. 68510JUAN RAYA, P.E.CITY ENGINEERDATE:

I.P. No. 21-012UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIAGDIDIAL TOLL FREE1-800-227-2600BEFORE YOU DIGAT LEAST TWO DAYSRTEAL SUITE 330ONTARIO, CA 91764AVENUE 52 STREETIMPROVEMENTSCITY OF INDIOST2204BENCHMARK: CITY OF INDIO BENCH MARK # 118, A CHISELED SQUARE ON THE WESTERLYEND OF CURB RETURN AT THE SOUTHWEST HIGHWAY 111 AND JACKSON STREET.ELEVATION = 481.69' 6 FROM STA 28+50 TO STA 48+50J:\Webb-23-00085 Indio Ave 52 Street Imp\CADD\Sheets\05_C-2.dwg LEGENDSYMBOLSDESCRIPTIONSTREET WIDENING WITH 5" HMA OVER 8" ABPCC3" GRIND AND OVERLAY WITH HMAFULL PAVEMENT SECTION REPLACEMENT WITH 5" HMAOVER 8" ABEX 4" GAS, SOCALGASEX ELECT (OH), IIDEX ELECT, IIDEX TELE, FRONTIEREX 18" WATER, CVWDNEW STORM DRAIN IMPROVEMENTS 4''gse (oh)etc18''w

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PREPARED FORSCALE
DRAWN BY FAX(760) 342 - 6590TELEPHONE(760) 391-4017100 CIVIC CENTER MALLINDIO, CA 92201www.indio.orgDATEBYINSPECTOR:CONTRACTOR:AS BUILT COMP. DATE:DATE COMPLETED:ENGINEERCONSTRUCTION RECORDDATER E V I S I O N SAPP'D SHEET No.

BASIS OF BEARING: BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE 6, (2010.00 EPOCH).IN ACCORDANCE WITH THE CALIFORNIA PUBLIC RESOURCES CODE SECTIONS 8801-8819. COORDINATESWERE DEVELOPED USING CORS STATION "DSSC" AND "P600".

DESIGNED BYENGINEER'S NAMEDATENAME OF FIRM: MARK THOMASFIRM ADDRESS: 4200 CONCOURS ST.TELEPHONE #FAX # CITY FILE No.SHEETSOFTITLE:R.C.E. No.

PLOT STAMPDESIGNER'S SEALAPPROVER'S SEALPLAN CHECKED BYAPPROVED BYRCE No. 68510JUAN RAYA, P.E.CITY ENGINEERDATE:

I.P. No. 21-012UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIAGDIDIAL TOLL FREE1-800-227-2600BEFORE YOU DIGAT LEAST TWO DAYSRTEAL SUITE 330ONTARIO, CA 91764AVENUE 52 STREETIMPROVEMENTSCITY OF INDIOST2204BENCHMARK: CITY OF INDIO BENCH MARK # 118, A CHISELED SQUARE ON THE WESTERLYEND OF CURB RETURN AT THE SOUTHWEST HIGHWAY 111 AND JACKSON STREET.ELEVATION = 481.69' 6 FROM STA 48+50 TO MONROE STJ:\Webb-23-00085 Indio Ave 52 Street Imp\CADD\Sheets\06_C-3.dwg LEGENDSYMBOLSDESCRIPTIONSTREET WIDENING WITH 5" HMA OVER 8" ABPCC3" GRIND AND OVERLAY WITH HMAFULL PAVEMENT SECTION REPLACEMENT WITH 5" HMAOVER 8" ABMEDIAN AND MEDIAN PAVERSEX 4" GAS, SOCALGASEX ELECT (OH), IIDEX ELECT, IIDEX TELE, FRONTIEREX 18" WATER, CVWDNEW STORM DRAIN IMPROVEMENTS 4''gse (oh)etc18''w

Amendment 1 to the Professional Services Agreement with Albert A. Webb A...Page 212 of 331 ATTACHMENT 2
AMENDMENT 1 TO THE PSA WITH
ALBERT A. WEBB ASSOCIATES

Amendment 1 to the Professional Services Agreement with Albert A. Webb A... Page 213 of 331 City Project No. ST2004/ST2204
Page | A1-0

1ST AMENDMENT TO

AGREEMENT

BY AND BETWEEN

THE CITY OF INDIO

A CALIFORNIA MUNICIPAL CORPORATION

AND

ALBERT A. WEBB ASSOCIATES

A CALIFORNIA CORPORATION

DATED: JANUARY 15, 2025

Form Approved 2/17/2023

1ST AMENDMENT TO AGREEMENT

Amendment 1 to the Professional Services Agreement with Albert A. Webb A... Page 214 of 331 City Project No. ST2004/ST2204
Page | A1-1
This Amendment to the Agreement for Professional Services is made and entered into as of this 15th day of January, 2025, by and between the City of Indio (“City”), a California municipal corporation and Albert A. Webb Associates , a California Corporation (“Consultant”). City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Consultant entered into an agreement entitled “Agreement for Professional Services” dated March 1 , 2023, (“Agreement”) for the purpose of retaining services of Consultant to provide preliminary design and environmental documents for the Avenue 50 and Avenue 52 Street Improvement Projects, City Project Nos. ST2004 and ST2204.

B. P
ursuant to Section 28 of the Agreement, the Parties desire to amend the Agreement to revise the Scope of Work and increase the not-to exceed compensation amount.

C. Section 4(a) of the Agreement provides that the Compensation shall not exceed Eight Hundred Six Thousand, Six Hundred Twenty-Five Dollars ($806,625.00).

D. This Amendment amends Section 4(a) to provide that the Compensation shall not exceed One Million, Two Hundred Fifty-One Thousand, One Hundred Fifty-Seven Dollars ($1,251,157.00).

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

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

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

Subject to the provisions of Section 2(a) “ Consultant’s Scope of Work,” the Agreement shall be amended to expand the Scope of Work to include Phase II – Final Plans, Specifications, and Estimate (PS &E), Phase III – Right-of-Way Acquisition (ROW), and Phase IV – Bidding Support as described in Exhibit A, attached to this Amendment 1, and incorporated by this reference as though set forth in full.

1.2 [COMPENSATION]. Section 4(a) of the Agreement is hereby amended to increase the Not to Exceed Amount to One Million, Two Hundred Fifty-One Thousand, One Hundred Fifty-Seven Dollars ($1,251,157.00), as more particularly described in Exhibit A.

Amendment 1 to the Professional Services Agreement with Albert A. Webb A... Page 215 of 331 City Project No. ST2004/ST2204
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2. MANDATORY INVOICE INFORMATION/NOTICES.

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

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

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

4. INTEGRATION. This Amendment consists of pages 1 through 26, inclusive, which constitute the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements, including written or verbal communications between the Parties with respect to all or any part of the transaction discussed in this Amendment.

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

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

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

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

[SIGNATURE PAGE FOLLOWS]

Amendment 1 to the Professional Services Agreement with Albert A. Webb A... Page 216 of 331 City Project No. ST2004/ST2204
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IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the Agreement on the date and year first written above.

CITY OF INDIO
___________________________

BRYAN MONTGOMERY
City Manager
ATTEST:

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

CITY ATTORNEY
By: ____________________________
Steven Graham, City Attorney

CONSULTANT
Albert A. Webb Associates

DILESH SHETH, Senior Vice President

Amendment 1 to the Professional Services Agreement with Albert A. Webb A... Page 217 of 331 City Project No. ST2004/ST2204
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EXHIBIT A

CONSULTANT SCOPE OF WORK AND FEE PROPOSAL

Amendment 1 to the Professional Services Agreement with Albert A. Webb A... Page 218 of 331

H:\2023\23-0060\Proposals, Contracts, & Change Orde rs\PSE ROW Proposal\REVISED_Avenue 52 ST2204 PSE and ROW Proposal.docx

Juan Raya, P.E.

City Engineer
City of Indio – Public Works
A100 Civic Center Mall
Indio, CA 92201

RE: Amendment 1 Request to Provide Final Engineerin g, Right-of-Way, and Bidding Support Services for Avenue 52 Street Improvement Project (City Project Number ST2204)

Dear Juan,

Albert A. WEBB Associates (WEBB) is pleased to prov ide you with this proposal for Final Engineering (PS&E), Right-of-Way, and Bidding Support Services related to the Avenue 52 (from Madison Street to Monroe Street) Street Improvement Project located in the City of Indio (City). Enclosed, you will find our Project Understanding (Exhibit "A"), Scope of Services (Exhibit "B"), and Compensation for Services (Exhibit "C") for your review and consideration.

We appreciate this opportunity to continue service and look forward to hearing from you. If you have any questions regarding this proposal, please contact me at 951-830-4305.

Sincerely,

Dilesh Sheth, P.E. / T.E.

Senior Vice President

Attachments Exhibit “A” – Project Understanding
Exhibit “B” – Scope of Services
Exhibit “C” – Compensation for Scope of Services
November 27, 2024

Amendment 1 to the Professional Services Agreement with Albert A. Webb A... Page 219 of 331 Proposal to Provide Final Engineering, Right-of-Way, and Bidding Support Services for Avenue 52 Street Improvement Project (City Project Number ST2204)

2 EXHIBIT “A” – PROJECT UNDERSTANDING

The City of Indio (City) proposes to improve Avenue 52 from Madison Street to Monroe Street, a distance of one mile, to the ultimate General Plan cross-section on the north side. The south side is located within the City of La Quinta, and it is already improved to the City of La Quinta Ultimate General Plan Section. Per the City of Indio's General Plan, Avenue 52 is designated as a four-lane Arterial (42-FT centerline to curb within 53-FT half-width right-of-way). Avenue 52 is improved with two lanes on the north side with variable shoulder width. The City would like to modify the street section to 45 ft from the centerline to the curb within the 55 ft wide right-of-way with a meandering sidewalk.

Amendment 1 to the Professional Services Agreement with Albert A. Webb A... Page 220 of 331 Proposal to Provide Final Engineering, Right-of-Way, and Bidding Support Services for Avenue 52 Street Improvement Project (City Project Number ST2204)

3 EXHIBIT “B” – SCOPE OF SERVICES

PHASE II – FINAL PLANS, SPECIFICATIONS, AND ESTIMAT E (PS&E)

Task 1 – Project Management and Administration

1.1 Project Management
We will plan, organize, direct, and monitor project work activities and resources in accordance with the contracted scope, schedule, and budget. This task includes performing ongoing general project management with the City, sub-consultants, and stakeholders, including preparing memos, letters, and e-mails, making phone calls, and maintaining project files. This activity commences with receiving the Notice-To-Proceed, continues through the submittal of key final project deliverables, and concludes at the completion of construction and closeout. For this scope of work, we assume a project duration of 12 months, including right-of-way acquisition and construction.

1.2 Meetings
A Project Development Team (PDT) will be created for this project, including representation from the design team, City Staff, and key stakeholders. We will begin with a project kick-off meeting to ensure a mutual understanding of the project's intended purposes, objectives, milestones, and deliverables.

At the project kick-off meeting, we will distribute a master Critical Path Method (CPM) schedule as a draft for review by the PDT. The draft CPM schedule will then be updated using comments received from the PDT. The CPM schedule will be updated at major project milestones and prepared using Microsoft Project software.

Meetings will be centered around key project milestones. We will conduct the meetings, which include preparing and distributing the meeting agenda, arranging the attendance of meeting participants, preparing and distributing meeting minutes, and recapping actions to be taken prior to the next meeting. This scope assumes twelve (12) PDT meetings, including the project kick-off.

1.3 Coordination with Sub-consultants and Agencies
We will coordinate the project with the City, sub-consultants, and other agencies on an ongoing basis.

We will maintain project files and prepare memos, letters, e-mails, and phone calls necessary to manage the project.

DELIVERABLE(S): Project Management, PDT Meetings (assumption of twelve (12) meetings), Meeting Agenda and Minutes (electronic), and Monthly Status Reports (electronic).

* The Project Management/Administration fee has been adjusted to reflect the additional project management tasks, including coordination of the R/W acquisition and coordination with Advantec’s fiber optic installation project on Avenue 52.

Task 2 – Utility Coordination and Potholing (Time & Material Basis)

2.1 Phase 2 – Utility Relocation Coordination and Agreements

During the PS&E phase, critical High and Low-risk facilities will be identified, and a Utility Conflict Matrix will be developed to record the findings and coordinate with the utility owners. Based on our preliminary

Amendment 1 to the Professional Services Agreement with Albert A. Webb A... Page 221 of 331 Proposal to Provide Final Engineering, Right-of-Way, and Bidding Support Services for Avenue 52 Street Improvement Project (City Project Number ST2204)

4 research, all utilities within the existing right of way appear to be in by franchise agreement, and utility agreements are assumed to be not necessary as compensation from the City to utility owners to relocate is not anticipated, nor will privately owned water/sewer relocations be performed by the City other than manhole/ valve cover adjustments. We will provide all correspondence/communication efforts to the City upon completion of the final design.

2.2 Phase 2 – Utility Potholing (Field Survey for Avenue 52)

In high-risk areas, such as where drainage facilities are proposed, potholing will be utilized to locate utilities to mitigate potential conflicts. Pothole consultant to positively identify the depths, material type, and size of known critical facilities. Additionally, upon completion of all pothole services, the survey team will be notified to conduct a field survey at each pothole location. It is assumed that a maximum of Ten (10) potholes for Avenue 52 will be utilized for this project and have been included in this scope of work.

DELIVERABLES: Records Obtained from the City and Outside Agencies, Utility mapping shown on the base mapping, Certified List of Utilities per USA, Utility Conflict Mapping Procedure (“ABC” Letters), Ten (10) for Avenue 52.

Task 3 – Environmental Services

We will prepare a NOE for City review and approval based on the results of the cultural resources study prepared under a separate contract.

• Prepare a location map for the Project site.
• Prepare the Notice of Exemption Form using either the State CEQA Guidelines format or the format of the City’s choice.
• It is expected that a Class 1 – Existing Facilities (CEQA Guidelines Section 15301) Categorical Exemption will be supported.
• One round of revisions is included.
• On behalf of the City, WEBB will file the NOE with the Riverside County Clerk and State Clearinghouse once the City approves the Project.
• WEBB will pay the filing fees, which are included in the budget.

Task 4 – Hydraulic Analysis

The hydraulic analysis was completed as part of the previous phase. We don’t believe any update to the hydraulic analysis is needed. We will use the results of the analysis to develop the drainage improvement plans for Avenue 52.

Task 5 – Final Plans, Specifications, and Estimate (PS&E)

We will finalize the geometric approval drawings (GAD) by addressing the City’s second review. City requested an extra 1’ widening from Madison Street to Clinton Street during the second review on July 29, 2024. The City’s second round comments will be addressed and incorporated into the 90% PS&E submittal.

We will prepare a set of plans for the proposed improvements. The city will review the plans at 90% and

Amendment 1 to the Professional Services Agreement with Albert A. Webb A... Page 222 of 331 Proposal to Provide Final Engineering, Right-of-Way, and Bidding Support Services for Avenue 52 Street Improvement Project (City Project Number ST2204)

5 100%. We anticipate receiving one round of city comments for each submittal. We will prepare the project technical specifications for the proposed improvements for the City’s review with the 90%, 100%, and final plan submittals. Specifications shall be prepared in Word in a city-approved format and include the bid schedule. The City will provide the front-end bid documents, contract, and general provisions.

We will provide an engineer’s estimate of probably construction costs with the 90%, 100%, and final plan submittal. The estimate shall be prepared in Microsoft Excel and include sufficient bid items, as approved by the City, for contractors to properly bid on the scope of work. The scope of work for this task includes the following:

Title Sheet (1) Curb Returns/Ramp Details (1) 1”=10’ Construction Notes and Standard Project Notes (1) Driveway Details (2) 1”=10’ Typical Sections (1) Construction Details (4) 1”=10’ Demolition Plans including Utility Data (3) 1”=40’ Signing and Striping Plan (3) 1”=40’ Street Improvement Plans and Profile (6) 1”=40’
Drainage Improvement Plans and Profile (2) 1”=40’
Total: 24

DELIVERABLE(S): Finalized GAD, 90%, 100%, and Final Plans. 90%, 100%, and Final Bi d Schedule and Technical Specifications. 90%, 100%, and Final Estimate.

PHASE III – RIGHT-OF-WAY ACQUISITION

Task 6 – Right-of-Way

6.1 Plats and Legal Descriptions

We will review the provided preliminary title reports within the project area, vesting deed, and property profiles. The title report will be provided by Monument. Analysis of exceptions and adverse title conditions will be conducted, and We will generate a list of title exceptions to be cleared and confirm the manner of disposition is consistent with the approved project plan. As the right-of-way requirements are generated in the preliminary design phase, We will prepare legal descriptions and plat map exhibits to support acquisition efforts ( 779-050-023 and 779-050-024) and Temporary Easements required for Construction purposes.

6.2 Appraisal Map/Property Exhibits

We will prepare an Appraisal Map or Property Exhibit showing the proposed right-of-way impacts along the project route and any required temporary construction easements.

DELIVERABLES: Plats and Legal Descriptions (2) and Appraisal Maps/Property Exhibits (2)

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6 6.3 Appraisal Services

Monument anticipates the preparation of fee appraisals for up to 1 appraisal report in compliance with USPAP and Uniform Act requirements.

Fee Appraisal

• The appraisal will be prepared by individuals licensed with the State of California, Office of Real Estate Appraisers, as a Certified General Real Estate Appraiser. Our appraisers both retain the requisite qualifications and experience necessary to competently complete appraisals in a competent and professional manner, in accordance to applicable laws and policies.
• Prepare the Notice of Decision to Appraiser letter for each property, advising the property owner of the proposed project, introducing the appr aiser, enclosing an Acquisition Brochure describing the City’s acquisition process and contact information to answer questions and concerns.
• The appraisal report will comply with laws that are applicable to the specific appraisal assignment and the Uniform Standards of Professional Appraisal Practice (USPAP). • Afford the property owner or the owner’s designated representative the opportunity to accompany the appraiser on the inspection of the property. • Perform an inspection of the subject property. The inspection should be appropriate for the appraisal problem and the Scope of Work should address:
o The extent of the inspection and description of the neighborhood and proposed project area,
o The extent of the subject property inspection, including interior and exterior areas, o The level of detail of the description of the physical characteristics of the property being appraised (and, in the case of a partial acquisition, the remaining property). • In the appraisal report, identify the highest and best use. If the highest and best use is in question or different from the existing use, provide an appropriate analysis identifying the market-based highest and best use.
• Present and analyze relevant market information.
• In developing and reporting the appraisal, disregard any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for the project. • Report the appraiser’s analysis, opinions, and conclusions in the appraisal report.

6.4 Acquisition and Negotiation Process

Monument will provide acquisition services required for the City to purchase ROW required to construct the Project. The tasks will be performed in accordance with applicable State and local regulations

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7 and City’s ROW Policies and Procedures. Monument wi ll be provided with a copy of the City’s ROW Policies and Procedures Manual upon award and execution of a contract.

Monument will provide the following services under the direction of the Client and City staff:

• Provide the Acquisition and Negotiations Services to acquire the property interests required for the Project in a timely, efficient manner and at a reasonable cost. Work shall be performed in accordance with the City’s Policies and Procedures and applicable Federal, State, and local regulations.
• Coordinate and manage the acquisition process with the City, legal counsel, design team, property owners, and tenants along with the title c ompany, appraisers, and other consultants to insure effective cross-discipline communications. • Review ROW plans, appraisal reports, appraisal maps, and legal descriptions, and all other pertinent documents.
• Review preliminary title reports of the affected properties and examine underlying reference documents and title exception.
• Prepare acquisition offer packages consisting of the City’s written purchase offer, appraisal summary statement, acquisition brochure, acquisition agreement, conveying instruments (Grant Deed, Permanent and/or Temporary Easements, etc.), Certificate of Acceptance, recommendation of Amount of Just Compensation, plat maps and legal descriptions, and Title VI Information.
• Monument’s acquisition agent will meet personally with each property owner to present the City’s purchase offer, explain the project design requirement and inform him or her of the City’s ROW acquisition process.
• Negotiate personally in good faith with each property owner, his/her agent or representative and discuss appraisal and valuation of the property interests, gather information from the property for consideration, and address any questions or concerns that may arise during the acquisition process.
• Establish and maintain an acquisition file for each property owner or property interest acquired and maintain a file checklist pursuant to the City’s specifications. • Promptly transmit executed documents (acquisition agreements, executed deeds, rental agreements, statements of information, offset statements, and the like) to the City for acceptance and processing. A report summarizing the pertinent information relative to the transaction will be included.
• Prepared and submit a Letter of Recommendation to t he City for any proposed administrative settlements with property owners. The letter will include a chronology of the negotiation efforts, provide supporting evidence and documentation and an explanation of the benefits and rationale behind the recommendation.
• Recommend condemnation action when negotiations hav e reached an impasse. The required justification will be submitted in writing to the City. Our primary goal will be to reach an acceptance of the offer with each property owner. We will work with the City in recommending solutions to achieve acceptance of the offer.

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8 • Perform any other normal procedures and processes t o implement the acquisition assignment and provide any other supporting information and/or correspondence required by the City.
• Prepare all applicable forms, secure the property owner’s approval and signature, and submit the forms to the City for review and acceptance. • Upon completion of the acquisition process for each property or property interest, or at project completion, Monument will provide the City with the acquisition file in an electronic format for future audit purposes.

6.5 Escrow Coordination

After an offer is accepted and the purchase agreement is approved by the City, Monument’s Escrow Coordinator will transmit the original documents to the escrow company and request that the title company send an updated Preliminary Title Report.

• The Escrow Coordinator will review the updated title report and prepare a memorandum of disapproved title exceptions.
• The escrow company will prepare escrow instructions, transmit a copy of the purchase contract to the title company, and begin the process of satisfying all monetary liens, prorating taxes, and clearing adverse title exceptions and encumbrances. • Upon escrow’s request for funds from the City, the estimated closing amount will be deposited in escrow, and upon close, the escrow holder will record a deed and issue a title insurance policy.
• The Escrow Coordinator will provide ongoing support to the escrow officer to ensure the timely execution of escrow instructions, coordination of title clearance documents, and processing of wire transfers.
• Escrow closure generally will be accomplished in 30 to 60 days.

ASSUMPTIONS:

• Monument's Project Manager will participate in monthly PDT meetings for 6 consecutive months.
• The Project does not involve or anticipate the use of federal funds for any phase of the project nor does the Project include the implementation of the Caltrans Local Assistance Procedures Manual.
• The Project Engineer or right-of-way engineering co nsultant will supply all legal descriptions, plat maps, right-of-way requirements maps and environmental assessments (add more if necessary).
• The Project involves partial acquisitions from 1 property owners and 2 APNs. • Any modification to the legal descriptions and property requirements after the appraisal process has been initiated will result in a change to the above scope of work and fee.

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9 • Assumes 60 days of good faith negotiations followin g the presentation of the City's purchase offer to the property owner.
• The City will initiate condemnation action after 60 days of negotiations for any parcel where a settlement has not been reached.

PHASE IV – BIDDING SUPPORT

Task 7 – Bidding Support (Time and Materials Basis)

Bidding support services will be on a time and materials basis.

We will attend one (1) pre-bid meeting with the appropriate technical personnel. When requested by the City, we will respond to bidder inquiries regarding the updated Final PS&E bid package. Should the City request bid addendum documents and plans, We will require an addendum to the contract to account for the additional work.

DELIVERABLE(S): One (1) Pre-Bid Meeting, (3) RFI Responses and (1) Addendum.

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10 Exhibit “C” – Compensation for Scope of Services

Services described in our Scope of Services (Exhibi t “B”) shall be provided on a time and material basis, not to exceed $444,532 .

Summary Breakdown of Budget

Task 1 – Project Management and Administration $ 66,750 Task 2 – Utility Coordination and Patholing (T&M) $47,135 Task 3 – Environmental Services $ 6,504
Task 4 – Hydraulic Analysis (Completed)
Task 5 – Final Plans, Specifications, and Estimate (PS&E) $255,599 Task 6 – Right-of-Way $ 58,029
Task 7 – Bidding Support (T&M) $ 10 ,515 Total $444,532

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11 Item Description
Dilesh R. Sheth, Principal
II
Joy A. Schwiebert,
Associate I
Deborah A. Saulina,
Assistant III
Eliza Laws, Senior III
Noemi Avila, Assistant II
Total Hours
Subtotal - Labor
Sub-consultant
budget with 10%
Markup
Expenses
Total/task 1
Billout Rate 312 $ 217 $ 163 $ 280 $ 147 $ $375,988
Task 1 - Project Manageent and Administration 26 18 44 11,046 $ 55,704 $ - $ 66,750 $

1.1 Project Management 8 8 2,496 $ 30,668 $ 33,164 $

1.2 Meetings (12 meeting) 12 12 24 5,700 $ 11,352 $ 17,052 $

1.3 Coordination with Sub-consultants and Agencies 6 6 12 2,850 $ 13,684 $ 16,534 $ Task 2 - Utility Coordination and Potholing (T&M) -$ 47,135 $ -$ 47,135 $

2.1 Phase 2 - Utility Relocation Coordination &
Agreement
-$ 8,899 $ 8,899 $

2.2 Phase 2 - Utility Potholing (10 Potholes) -$ 38,236 $ 38,236 $ Task 3 - Environmental Services 4 2 12 10 28 6,404 $ -$ 100 $ 6,504 $

3.1 CEQA NOE 4 2 12 10 28 6,404 $ -$ 100 $ 6,504 $ Task 4 - Hydraulic Analysis

4.1 Hydraulic Analysis (Completed)
Task 5 - Final Plans, Specifications, and Estimate (PS&E) 36 12 6 54 14,814 $ 238,084 $ 2,700 $ 255,599 $

5.1 Finalizing GAD (6) 4 4 1,248 $ 20,922 $ 22,170 $

5.2 90% PS&E 12 4 2 18 4,938 $ 119,378 $ 124,316 $

5.3 100% PS&E 12 4 2 18 4,938 $ 65,170 $ 70,108 $

5.4 Final PS&E 8 4 2 14 3,690 $ 32,615 $ 2,700 $ 39,005 $ 58,029 $
Task 6 - Right-of-Way 40 28 68 17,044 $ 39,985 $ 1,000 $ 58,029 $

6.1 Plats and Legal Descriptions (2 plats and legals) -$ 10,131 $ 10,131 $

6.2 Appraisal Map/Property Exhibits -$ 10,494 $ 10,494 $

6.3 Appraisal Services 8 8 16 3,800 $ 7,700 $ 1,000 $ 12,500 $

6.4 Acquisition and Negotiations Process (up to 1 owner & 2 APNs) 24 12 36 9,444 $ 7,480 $ 16,924 $

6.5 Escrow Coordination 8 8 16 3,800 $ 1,430 $ 5,230 $

6.6 ROW Project Management 2,750 $ 2,750 $
10,515 $
Task 7 - Bidding Support (T&M) 6 2 4 12 2,958 $ 7,557 $ - $ 10,515 $

7.1 Pre-Bid Meeting (1) 2 2 4 950 $ 2,673 $ 3,623 $

7.2 Response to Bidders' Inquiries 2 2 4 950 $ 4,884 $ 5,834 $

7.3 Prepare Requested Bid Addendum 2 2 4 1,058 $ -$ 1,058 $ 112 14 58 12 10 206 52,266 $ 388,465 $ 3,800 $ 444,532 $ Total PHASE II - Final Plans, Specifications, and Estimate (PS&E) PHASE III - Right of Way Acquisition
PHASE IV - Bidding Support

Amendment 1 to the Professional Services Agreement with Albert A. Webb A... Page 229 of 331 City of Indio

1 Mark Thomas will plan, organize, direct and monitor project work activities and resources in accordance with contracted scope, schedule and budget. This task includes performing ongoing general project management with the City, subconsultants and stakeholders including preparing contract paperwork, memos, letters, and e-mails, making phone calls and maintaining project files. This activity commences with receiving the Notice-To-Proceed, continues through submittal of key final project deliverables, and concludes at completion of construction and close out. For this scope of work, Mark Thomas assumes a project duration of 12 months, not including right of way acquisition and construction.

There will be a Project Development Team (PDT) created for this project which will include representation from the design team, City staff and key stakeholders. We will begin with a project kick-off meeting to be sure of a mutual understanding of the intended purposes, objectives, milestones, and deliverables of the project. At the project kick-off meeting Mark Thomas will distribute a master Critical Path Method (CPM) schedule as a draft for review by the PDT.

The draft CPM schedule will then be updated using comments received from the PDT. The CPM schedule will be updated at major project milestones, prepared using Microsoft Project software.

Meetings will be centered around key project milestones. Mark Thomas will conduct the meetings; this includes preparation and distribution of the meeting agenda, arrangement of attendance of meeting participants, preparation and distribution of meeting minutes, and the recap of actions to be taken prior to the next meeting. This scope assumes a total of twelve (12) PDT meetings, including the project kick-off.

Mark Thomas will perform ongoing project coordination with the City, subconsultants, and other agencies. We will maintain project files, preparing memos, letters, e-mails, and phone calls necessary to manage the project.

DELIVERABLE(S): Project Management, PDT Meetings (assumption of twelve (12) meetings), Meeting Agenda and Minutes (electronic), Monthly Status Reports (electronic), Monthly Invoices

* The Project Management/Administration fee has been adjusted to reflect the additional project management tasks, including the coordination of the R/W acquisition and coordination with Advantec on their fiber optic installation project on Avenue 52.

During the PS&E phase, critical High and Low risk facilities will be identified, and a Utility Conflict Matrix will be developed to record the findings and begin the coordination with the utility owners. Based on our preliminary research, all utilities within the existing right of way appear to be in by franchise agreement and utility agreements are assumed to be not necessary as compensation from the City to utility owners to relocate is not anticipated, nor will privately owned water/sewer relocations be performed by the City other than manhole/ valve cover adjustments. WEBB Associates/Mark Thomas will provide all correspondence/communication efforts to the City upon completion of the final design.

In high-risk areas such as where drainage facilities or traffic signal pole footings are proposed, potholing will be utilized to locate utilities to mitigate potential conflicts. WEBB Associates/Mark Thomas has retained a potholing firm to positively identify the depths, material type, and size of known critical facilities. Additionally, upon completion of all pothole services, the project survey team will be notified to field survey each potholed location. It is assumed that a maximum of Ten (10) potholes for Avenue 52 will be utilized for this project and have been included in this scope of work.

Amendment 1 to the Professional Services Agreement with Albert A. Webb A... Page 230 of 331 City of Indio

2 DELIVERABLES: Records Obtained from the City and Outside Agencies, Utility mapping shown on the base mapping, Certified List of Utilities per USA, Utility Conflict Mapping Procedure (“ABC” Letters), Ten (10) for Avenue

52. Hydraulic analysis is excluded from our scope of work. WEBB Associate will perform the hydraulic analysis for Avenue

52. Mark Thomas will use the results of the analysis to develop the drainage improvement plans for Avenue 52.

Mark Thomas will finalize the geometric approval drawings (GAD) by addressing the City’s second review. City requested an extra 1’ widening from Madison Street to Clinton Street during the second review on July 29, 2024. The City’s second round comments will be addressed and incorporated into the 90% PS&E submittal.

Mark Thomas will prepare a set of plans for the proposed improvements. The City will review plans at 90%, and 100%.

Final plans shall be submitted on full size (24” x 36”) Mylar. We anticipate receiving one round of City comments with each submittal. Mark Thomas will prepare the project technical specifications for the proposed improvements for the City’s review with the 90%, 100%, and final plan submittals. Specifications shall be prepared in word in a city approved format and include the bid schedule. The City will provide the front-end bid documents, contract, and general provisions.

Mark Thomas will provide an engineer’s estimate of probably construction costs with the 90%, 100%, and final plan submittal. The estimate shall be prepared in Microsoft Excel and include sufficient bid items, as approved by the City, for contractors to properly bid on the scope of work. The scope of work for this task includes the following:

• Title Sheet (1)
• Construction Notes and Standard Project Notes (1)
• Typical Sections (1)
• Demolition Plans including Utility Data (3) 1”=40’
• Street Improvement Plans and Profile (6) 1”=40’
• Drainage Improvement Details (2) 1”=40’

• Curb Returns/Ramp Details (1) 1”=10’
• Driveway Details (2) 1”=10’
• Construction Details (4) 1”=10’
• Signing and Striping Plan (3) 1”=40’
Total: 24
DELIVERABLE(S): Finalized GAD, 90%, 100%, and Final Plans. 90%, 100%, and Final Bid Schedule and Technical Specifications. 90%, 100%, and Final Estimate.

Mark Thomas will review the provided preliminary title reports within the project area, vesting deed, and property profiles. Title report will be provided by Overland, Pacific & Cutler, LLC (OPC). Analysis of exceptions and adverse title conditions will be conducted, and Mark Thomas will generate a list of title exceptions to be cleared and confirm the manner of disposition is consistent with approved project plan. As the right of way requirements are generated in the preliminary design phase, Mark Thomas will prepare legal descriptions and plat map exhibits to support acquisition efforts and Temporary Easements required for Construction purposes

Mark Thomas will prepare an Appraisal Map or Property Exhibit showing the proposed right of way impacts along the project route and any required temporary construction easements.

DELIVERABLES: Plats and Legal Descriptions (2) and Appraisal Maps/Property Exhibits (2)

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3 Construction support services will be on time and materials basis. Below are our assumptions for the construction support services.

Mark Thomas will attend one (1) pre-bid meeting with the appropriate technical personnel. When requested by the City, Mark Thomas will respond to bidder inquiries for the updated Final PS&E bid package. Should City request bid addendum documents and plans, Mark Thomas will require an addendum to contract to account for the additional work. We will attend one (1) pre-construction meeting with the appropriate technical personnel.

We will draft Request For Information (RFI) responses as requested by the Resident Engineer. Mark Thomas will draft and assist the City in issuing Contract Change Orders as requested by the City. Mark Thomas will respond to RFI’s and/or Contract Change Orders in any combination up to the maximum thirty (30) responses.

While City is responsible for maintaining field record drawings, Mark Thomas will keep records of changes based solely on information provided by the City and Mark Thomas response to RFI’s and additional drawings prepared at the City request. These marked up plans from City will form the basis for the development of the Final Record Drawings. Mark Thomas assumes no responsibility for the accuracy of the information provided by the Resident Engineer. It is assumed that the City will pay for Tribal Monitoring, if required.

DELIVERABLE(S): One (1) Pre-Bid Meeting, One (1) Pre-Construction Meeting Attendance, thirty (30) RFI Responses and/or Contract Change Orders, Record Drawings.

Amendment 1 to the Professional Services Agreement with Albert A. Webb A... Page 232 of 331 Sr. Project Manager
Technical Lead
Project Engineer
Design Engineer I
Intern
Survey Manager II
Project Surveyor II
Lead Survey Technician
*2-Person Crew (OE 12)
Project Accountant
Sr. Project Coordinator
AERIAL
$330 $275 $205 $150 $90 $295 $235 $155 $435 $160 $185

1.0 PROJECT MANAGEMENT/ADMINISTRATION

1.1 Project Management 20 60 16 12 108 $27,880 - $27,880

1.2 Meetings (12 Meetings) 8 16 16 40 $10,320 - $10,320

1.3 Coordination with Subconsultants and Agencies 4 16 24 12 56 $12,440 $12,440 0 $0 - $0
Subtotal Phase 1 32 92 40 12 0 0 0 0 0 16 12 204 $50,640 $0 $50,640

3.0 UTILITY COORDINATION (FOR AVENUE 52) (T&M)

3.3 Phase 2: Utility Relocation Coordination/Agreements 2 2 16 24 44 $8,090 - $8,090

3.4 Phase 2: Utility Potholing (10 Potholes) 4 16 24 2 4 10 60 $13,420 - $13,420 Subtotal Phase 3 2 6 32 48 0 0 2 4 10 0 0 104 $21,510 $0 $21,510

8.0 FINAL PLANS, SPECS & ESTIMATE

8.1 FINAL PLANS

8.1.0 Finalizing GAD (6) 1 6 48 48 103 $19,020 - $19,020

8.1.1 90%PS&E 21 78 135 264 143 641 $108,525 $108,525

8.1.2 100% PS&E 11 43 74 144 78 350 $59,245 - $59,245

8.1.3 Final PS&E 6 21 37 72 39 175 $29,650 - $29,650 Subtotal Phase 8 39 148 294 528 260 0 0 0 0 0 0 1269 $216,440 $0 $216,440

9.0 RIGHT OF WAY

9.1 Plats and Legal Descriptions (2 plats and legals) 1 3 4 4 12 24 48 $9,210 - $9,210

9.2 Acquisition Svcs/Appraisal Maps/Prop Exhibits (2 exhibits) 1 1 3 4 4 12 24 49 $9,540 - $9,540 Subtotal Phase 9 1 2 6 8 0 8 24 48 0 0 0 97 $18,750 $0 $18,750

10.0 CONSTRUCTION SUPPORT (FOR AVENUE 52) (T&M)

10.1 Pre-Bid Meeting (1) 3 3 3 9 $2,430 - $2,430

10.2 Response to Bidders' Inquiries 1 6 12 19 $4,440 - $4,440

10.3 Pre-Construction Meeting (1) 4 4 4 12 $3,240 - $3,240

10.4 Response to RFI 1 15 30 46 $10,605 - $10,605

PROJECT SUPPORT
COST PROPOSAL FOR PROJECT SCOPE: WEBB- Indio Avenue 52 Street Improvements (City Project No. ST2204) - Phase 2

TOTAL COST
SUBS
Total
Hours
Total MT
Cost

ENGINEERING/PROJECT MANAGEMENT/OVERSIGHT SURVEYING
Please note that the rates shown are for estimating purposes only.

See Rate Schedule (A-1) for Actual Rates/Ranges. 11/27/2024

Amendment 1 to the Professional Services Agreement with Albert A. Webb A...Page 233 of 331 Sr. Project Manager
Technical Lead
Project Engineer
Design Engineer I
Intern
Survey Manager II
Project Surveyor II
Lead Survey Technician
*2-Person Crew (OE 12)
Project Accountant
Sr. Project Coordinator
AERIAL
$330 $275 $205 $150 $90 $295 $235 $155 $435 $160 $185

PROJECT SUPPORT
COST PROPOSAL FOR PROJECT SCOPE: WEBB- Indio Avenue 52 Street Improvements (City Project No. ST2204) - Phase 2

TOTAL COST
SUBS
Total
Hours
Total MT
Cost

ENGINEERING/PROJECT MANAGEMENT/OVERSIGHT SURVEYING

10.5 Contractor Change Order 1 4 8 13 $3,070 - $3,070

10.6 Record Drawings 1 4 8 40 53 $9,070 - $9,070 Subtotal Phase 10 11 36 65 40 0 0 0 0 0 0 0 152 $32,855 $0 $32,855 TOTAL HOURS 85 284 437 636 260 8 26 52 10 16 12 1826
OTHER DIRECT COSTS $2,700 $0 $2,700
TOTAL COST $28,050 $78,100 $89,585 $95,400 $23,400 $2,360 $6,110 $8,060 $4,350 $2,560 $2,220 $342,895 $0 $342,895 Please note that the rates shown are for estimating purposes only.

See Rate Schedule (A-1) for Actual Rates/Ranges. 11/27/2024

Amendment 1 to the Professional Services Agreement with Albert A. Webb A...Page 234 of 331 REAL ESTATE | RIGHT-OF-WAY | DBE | SBE
200 Spectrum Center, Suite 300, Irvine, CA 92618 mounumentrow.com | info.monumentrow.com | 800.577.0109 November 20, 2024 Dilesh Sheth, PE | TE Albert A. WEBB Associates Senior Vice President 3788 McCray St. Riverside, CA | 92506 RE: Proposal to Provide Right-of-Way Support Services for Avenue 52 Street Improvements Project Dear Mr. Sheth, Monument is pleased to present WEBB Associates (Client) with this proposal to provide right-of-way support services in connection with the Avenue 52 Street Improvements Project. Our firm looks forward to serving WEBB and the City of Indio and is committed to providing the professional services required by the Client. Monument specializes in providing professional real estate and right-of-way services to our public agency clients. Our team of real estate professionals specialize in project management and right-of-way services for large and small public infrastructure projects, including numerous transportation, utility, pipeline, and flood control projects. Our staff has intimate knowledge of public sector requirements and possesses the sensitivity to work effectively with a broad range of stakeholders and operates in conformance with all state and federal laws including the Uniform Relocation Assistance and Real Property Acquisition Policies Act, 49 CFR Part 24, and within the applicable guidelines of the Caltrans Right of Way Manual and the Caltrans Local Assistance Procedures Manual. Monument will handle this project out of our Irvine office and will be led by Mrs. Daniela Borbe, a Senior Project Manager with the firm. We appreciate the opportunity to submit our proposal for your consideration. Please call me if you have any questions or would like additional information. I am an authorized representative of Monument and have the authority to sign all necessary agreements. I can be reached at (562) 260-0507 on my cell phone or by email at [email protected]. Sincerely, Amber Costello President

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2 A. PROJECT UNDERSTANDING It is our understanding that WEBB and the City of Indio requires Monument to provide right-of-way support services to help the City with the Avenue 52 Street Improvement Project. Some of the activities required by the Client in connection with this project are as follows: provide project management support, secure one preliminary title report, draft acquisition documents, meet with impacted property owner (up to two APNs, and one owner) and present offer, confer with owner about the City’s project and conduct negotiations, address any questions/concerns regarding subject offer and ultimately, secure signed acquisition documents of the necessary rights in connection with the project as required by the State law. It is assumed the project is locally funded, and that the right-of-way acquisition program will involve neither Caltrans nor FHWA oversight and/or approval. B. SCOPE OF WORK 1. PROJECT MANAGEMENT Monument’s Project Manager and key staff will be responsible for the technical and administrative functions required to provide ROW services on the Project. The management team will plan, organize, supervise, coordinate, and administer the various elements of the ROW scope of work: • Participate in a project kickoff meeting with the Client and City to review the project requirements, identify property and right-of-way issues, and establish the schedule for activities and deliverables. • Review and analyze the preliminary design requirements and identify potentially affected properties. • Monument will meet with relevant parties regarding proposed Project to identify acquisition issues, and/or to discuss project status, procedural issues, budget, and schedules. • Prepare and implement an effective Acquisition Management Plan to ensure the Project is delivered in the most efficient and effective manner and in compliance with all applicable laws, regulations and procedures. • Meet with the Client and City on a regular basis to communicate project updates, coordinate right-of-way issues and make recommendations to the City on policy development, risk mitigation and general project consultation. • Prepare and deliver written progress status reports for acquisition cases. • Schedule regular internal meetings with all Monument staff to ensure that project deliverables and services stay on schedule and within budget.

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3 • Prepare and maintain a Quality Assurance/Quality Control (QA/QC) plan throughout the duration of the Project. The QA/QC plan is intended to ensure that the appraisals, maps, reports, plans, studies, estimates, offer documents, agreements and other documents submitted under this Scope of Work are complete, accurate, checked, and proofread to meet professional standard practices. • Update each parcel file checklist (our QA/QC Manager, will conduct weekly reviews of the project reporting to ensure compliance with the City and regulatory compliance). 2. APPRAISAL SERVICES Monument anticipates the preparation of fee appraisals for up to 1 appraisal report in compliance with USPAP and Uniform Act requirements. Fee Appraisal • The appraisal will be prepared by individuals licensed with the State of California, Office of Real Estate Appraisers, as a Certified General Real Estate Appraiser. Our appraisers both retain the requisite qualifications and experience necessary to competently complete appraisals in a competent and professional manner, in accordance to applicable laws and policies. • Prepare the Notice of Decision to Appraiser letter for each property, advising the property owner of the proposed project, introducing the appraiser, enclosing an Acquisition Brochure describing the City’s acquisition process, and contract information to answer questions and concerns. • The appraisal report will comply with laws that are applicable to the specific appraisal assignment and the Uniform Standards of Professional Appraisal Practice (USPAP). • Afford the property owner or the owner’s designated representative the opportunity to accompany the appraiser on the inspection of the property. • Perform an inspection of the subject property. The inspection should be appropriate for the appraisal problem, and the Scope of Work should address: o The extent of the inspection and description of the neighborhood and proposed project area, o The extent of the subject property inspection, including interior and exterior areas, o The level of detail of the description of the physical characteristics of the property being appraised (and, in the case of a partial acquisition, the remaining property). • In the appraisal report, identify the highest and best use. If highest and best use is in question or different from the existing use, provide an appropriate analysis identifying the market-based highest and best use.

Amendment 1 to the Professional Services Agreement with Albert A. Webb A... Page 237 of 331

4 • Present and analyze relevant market information. • In developing and reporting the appraisal, disregard any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for the project. • Report the appraiser’s analysis, opinions, and conclusions in the appraisal report. 3. ACQUISITION AND NEGOTIATION PROCESS Monument will provide acquisition services required for the City to purchase ROW required to construct the Project. The tasks will be performed in accordance with applicable State and local regulations and City’s ROW Policies and Procedures. Monument will be provided with a copy of City’s ROW Policies and Procedures Manual upon award and execution of a contract. Monument will provide the following services under the direction of the Client and City staff: • Provide the Acquisition and Negotiations Services to acquire the property interests required for the Project in a timely, efficient manner and at a reasonable cost. Work shall be performed in accordance with the City’s Policies and Procedures and applicable Federal, State and local regulations. • Coordinate and manage the acquisition process with the City, legal counsel, design team, property owners, and tenants along with the title company, appraisers and other consultants to insure effective cross-discipline communications. • Review ROW plans, appraisal reports, appraisal maps and legal descriptions and all other pertinent documents. • Review preliminary title reports of the affected properties and examine underlying reference documents and title exception. • Prepare acquisition offer packages consisting the City’s written purchase offer, appraisal summary statement, acquisition brochure, acquisition agreement, conveying instruments (Grant Deed, Permanent and/or Temporary Easements, etc.), Certificate of Acceptance, recommendation of Amount of Just Compensation, plat maps and legal descriptions, and Title VI Information. • Monument’s acquisition agent will meet personally with each property owner to present the City’s purchase offer, explain the project design requirement and inform him or her of the City’s ROW acquisition process. • Negotiate personally in good faith with each property owner, his/her agent or representative and discuss appraisal and valuation of the property interests, gather information from the property for consideration and address any questions or concerns that may arise during the acquisition process.

Amendment 1 to the Professional Services Agreement with Albert A. Webb A... Page 238 of 331

5 • Establish and maintain an acquisition file for each property owner or property interest acquired and maintain a file checklist pursuant to the City’s specifications. • Promptly transmit executed documents (acquisition agreements, executed deeds, rental agreements, statements of information, offset statements, and the like) to the City for acceptance and processing. A report summarizing the pertinent information relative to the transaction will be included. • Prepared and submit a Letter of Recommendation to the City for any proposed administrative settlements with property owners. The letter will include a chronology of the negotiation efforts, provide supporting evidence and documentation and an explanation of the benefits and rationale behind the recommendation. • Recommend condemnation action when negotiations have reached an impasse. The required justification will be submitted in writing to the City. Our primary goal will be to reach an acceptance of the offer with each property owner. We will work with the City in recommending solutions to achieve acceptance of the offer. • Perform any other normal procedures and processes to implement the acquisition assignment and provide any other supporting information and/or correspondence required by the City. • Prepare all applicable forms, secure property owner’s approval and signature and submit the forms to the City for review and acceptance. • Upon completion of the acquisition process for each property or property interest, or at project completion, Monument will provide the City with the acquisition file in an electronic format for future audit purposes. 4. ESCROW COORDINATION After an offer is accepted and the purchase agreement is approved by the City, Monument’s Escrow Coordinator will transmit the original documents to the escrow company and request that the title company send an updated Preliminary Title Report. • The Escrow Coordinator will review the updated title report and prepare a memorandum of disapproved title exceptions. • The escrow company will prepare escrow instructions, transmit a copy of the purchase contract to the title company and begin the process of satisfying all monetary liens, prorating taxes and clearing adverse title exceptions and encumbrances. • Upon escrow’s request for funds from the City, the estimated closing amount will be deposited in escrow, and upon close, the escrow holder will record a deed and issue a title insurance policy.

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6 • The Escrow Coordinator will provide ongoing support to the escrow officer to ensure the timely execution of escrow instructions, coordination of title clearance documents and processing of wire transfers. • Escrow closure generally will be accomplished in 30 to 60 days. ASSUMPTIONS: • Monument's Project Manager will participate in monthly PDT meetings for 6 consecutive months. • The Project does not involve or anticipate the use of federal funds for any phase of the project nor does the Project include the implementation of the Caltrans Local Assistance Procedures Manual. • The Project Engineer or right of way engineering consultant will supply all legal descriptions, plat maps, right-of-way requirements maps and environmental assessments (add more if necessary). • The Project involves partial acquisitions from 1 property owners and 2 APNs. • Any modification to the legal descriptions and property requirements after the appraisal process has been initiated will result in a change to the above scope of work and fee. • Assumes 60 days of good faith negotiations following the presentation of the City's purchase offer to the property owner. • The City will initiate condemnation action after 60 days of negotiations for any parcel where a settlement has not been reached. C. PROJECT BUDGET Monument proposes to perform the professional appraisal and right-of-way services described herein on an hourly basis (time and materials) for a fee not-to-exceed $18,600 which will be billed on a monthly basis in accordance with our Standard Hourly Rate Schedule below. Task Quantity Fee/Parcel Fee 1. Project Management $2,500 2. Appraisal services 1 $7,000 $7,000 3. Acquisition and Negotiations (up to 1 owner and 2 APNs) 1 $6,800 $6,800 4. Escrow Coordination 1 $1,300 $1,300 Preliminary Title Reports 1 $1,000 $1,000 TOTAL FEES $18,600

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City Council
January 15, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No. 10473 agreeing to Joint Exercise Powers of Eminent Domain with the County of Riverside and Act as Lead Agency and Amendment Four to the Reimbursement Agreement by and between the Coachella Valley Association of Governments (CVAG), the City of Indio, and the County of Riverside for the Jackson Street / Interstate 10 Interchange Project (Project No. ST0701)

RECOMMENDATION:

Adopt Resolution No. 10473 authorizing the County of Riverside to exercise common powers to acquire real property by purchase or eminent domain and construct facilities thereon on behalf of the City of Indio and approve Amendment Four to the Reimbursement Agreement by and between the Coachella Valley Association of Governments (CVAG), the City of Indio, and the County of Riverside for the Jackson Street / Interstate 10 Interchange Project (Project No. ST0701).

SUMMARY:

Amendment Four to the Reimbursement Agreement allows CVAG to allocate additional funding for the Right-of-Way Phase for the Jackson Street / Interstate 10 Interchange Project (Project No.

ST0701). The City must also consent to the County of Riverside, as lead agency, to exercise common powers to acquire real property and exercise the power of eminent domain on behalf of the City of Indio, as necessary, related to the project improvements.

BACKGROUND INFORMATION:

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

Improvements include widening Jackson 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 both on and off-ramps. The project will also include pedestrian and golf cart facilities compatible with the Coachella Valley (CV) Link.

The Jackson Street Interchange is ranked number three by CVAG’s Transportation Project Prioritization Study (TPPS).

AGENDA ITEM #10.17
Resolution No. 10473, agreeing to Joint Exercise Powers of Eminent Domai... Page 241 of 331 On May 16, 2007, the City approved the original funding agreement with CVAG, which provided funding for the preparation of the Project Study Report. The Project Study Report was completed and approved by Caltrans on December 30, 2016.

On September 26, 2016, Amendment 1 to the Agreement was approved, providing additional funding to the City to begin the Project Approval and Environmental Document (PA&ED) phase.

After approval of Amendment 1, the City reached out to the County of Riverside to act as the lead agency and administer the project through the PA&ED phase along with the final design, right-of- way acquisitions and construction. On January 9, 2018, an amended and restated agreement was executed, which assigned the County of Riverside as the lead agency and established a time trigger, requiring the Plans, Specifications, and Estimate (PS&E) phase of the Project begin within four (4) years of the Date of Approval of the Amended and Restated Agreement. This agreement is also referred to by the agencies as Amendment 2 of the Reimbursement Agreement.

Riverside County successfully secured environmental clearance for the project and the final project report was approved by Caltrans on August 27, 2021.

On December 6, 2021, Amendment 3 to the Agreement was approved to provide additional funding to begin the Project Plans, Specifications, and Estimate (PS&E) phase. Amendment Number 3 also fulfilled the time trigger established by Amendment 2 to advance to the PS&E phase by January 8, 2022, and established a new four-year time trigger of December 2025 to begin the Project Right- of- Way Acquisition (ROW) phase.

The County has advanced past the 65% PS&E submittal and is ready to begin the Project Right-of- Way Phase. Amendment 4 will provide additional funding for the ROW phase, allowing the City to expedite construction readiness and meet the December 2025 time trigger.

Since the County is acting as the Lead Agency on behalf of the City of Indio, it is in the City’s interest to authorize the County to acquire real property including the power of eminent domain on behalf of the City in order to complete the necessary improvements.

During the remainder of the PS&E and ROW phases, CVAG, Riverside County, and the City of Indio will seek outside funding sources to complete the project's construction phase.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$6,500,000 Strategic Objective: Community Infrastructure Source of funds: Measure A Fund-Org-Object
Reference:
212

Additional Financial Details:

The table below shows the estimated expenditures related to Amendment 4 of the Jackson Street / Interstate 10 Interchange Project (Project No. ST0701):

Resolution No. 10473, agreeing to Joint Exercise Powers of Eminent Domai... Page 242 of 331 Total Right of Way Phase: $6,500,000

CVAG Funding (75%) $4,875,000
City of Indio Funding (25%) $1,625,000

Measure A funds will be utilized for the estimated expenses and will be spent over the next few fiscal years, as the construction documents are prepared.

ATTACHMENTS:

Attachment 1 - Resolution No. 10473
Attachment 2- Reimbursement with CVAG for the Jackson Street - Interstate 10 Interchange Project

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 07 Jan 2025 Steven Graham Pacifico, City Attorney Approved - 09 Jan 2025 Ruby D. Walla, Director of Finance Approved - 09 Jan 2025 Bryan H. Montgomery, City Manager Approved - 09 Jan 2025

Resolution No. 10473, agreeing to Joint Exercise Powers of Eminent Domai... Page 243 of 331 ATTACHMENT 1
RESOLUTION NO. 10473

Resolution No. 10473, agreeing to Joint Exercise Powers of Eminent Domai... Page 244 of 331 RESOLUTION NO. 10473

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

CALIOFORNIA, AGREEING TO JOINTLY EXERCISE POWERS OF

EMINENT DOMAIN , IF NECESSARY, AND DIRECTING AND

AUTHORIZING T HE COUNTY OF RIVERSIDE TO ACT AS LEAD

AGENCY FOR THE POTENTIAL ACQUISITION BY EMINENT DOMAIN

OF REAL PROPERTY AND CONSTRUCT FACILITIES THEREON ON

BEHALF OF THE CITY OF INDIO

WHEREAS, the City of Indio, a municipal corporation, (“City”) and the Coachella Valley Association of Governments, a California joint powers authority, (“CVAG”) have entered into an agreement entitled “CVAG - City of Indio Reimbursement Agreement “Jackson Street I nterstate 10 Interchange Project” Project Study Reports (Phase I), Project Report on or about May 16 , 2007 (“Agreement”) to define the terms and conditions, scope of work, and budget for completing the Project Study Report (“PSR”) of the Jackson Street at Interstate 10 Interchange Project (“Project”); and WHEREAS, the City and CVAG have entered into Amendment No. 1 to the Agreement on or about September 26, 2016 (“Amendment No. 1”) obligating CVAG and the City to provide additional funding for Phase I of the Project - Project Approval and Environmental Document (PA&ED): and
WHEREAS, the County of Riverside, a political subdivision of the State of California, (“County”), the City, and CVAG have entered into an Amended and Restated Reimbursement Agreement on or about January 9, 2018 (“Amendment No. 2”) to add the County as a party to the Agreement and assign the County as lead agency; and WHEREAS, the County, the City, and CVAG have entered into Amendment No. 3 to the Agreement on or about December 6, 2021 (“Amendment No. 3”) obligating CVAG and the City to provide additional funding for the County to deliver Phase II of the Project - Plans, Specifications, and Estimates (PS&E); and
WHEREAS, the County, the City, and CVAG have entered into Amendment No. 4 to the Agreement on or about January 15, 2025 (“Amendment No. 4”) obligating CVAG and the City to provide additional funding for the County to provide the administrative, technical, managerial, right -of-way acquisition and support services necessary to complete Phase III of the Project - Right-of-Way, and to include and define the terms and conditions under which said Right -of-Way Phase of the Project is to be administered, engineered, coordinated, managed and financed. Amendment No. 4 also fulfills a time trigger established by Amendment No. 3 to advance right -of-way acquisitions by December 6, 2025; and

Resolution No. 10473, agreeing to Joint Exercise Powers of Eminent Domai... Page 245 of 331 WHEREAS, the Project is a priority project for both the County and the City and the County and the City both have a mutual interest in improving vehicular, pedestrian and bicycle traffic circulation and safety in the Project area; and WHEREAS, the County and City desire for the County to act as lead agency for purposes of providing land acquisition services and exercising eminent domain, if necessary, in relation to the Project; and
WHEREAS, California Government Code Section 6502 provides that “[i]f authorized by their legislative or other governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties”; and WHEREAS, the County and the City are public agencies within the meaning of California Government Code Section 6502 et seq. and possess the common power to acquire real property and construct facilities thereon for street and highway purposes; and
WHEREAS, California Code of Civil Procedure Section 1240.140(b) provides that “[t]wo or more public agencies may enter into an agreement for the joint exercise of their respective powers of eminent domain, whether or not possessed in common, for the acquisition of property as a single parcel”; and
WHEREAS, the County and City desire for the County to act as lead agency for purposes of providing land acquisition services and exercising eminent domain, if necessary, to acquire necessary real property interests within the City in connection with the Project; and
WHEREAS, the City desires to consent to the acquisition by the County of any real property interests located within City’s jurisdiction for the Project, if necessary, in accordance with Government Code Section 6502, Code of Civil Procedure Section 1240.140(b) and appl icable law, including Government Code Section 7260 et seq. and the Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq.; and WHEREAS, the City expressly grants to the County its powers of eminent domain for the purpose of acquiring real property interests in connection with the Project, if necessary, providing the County has independently made the requisite findings required by Cod of Civil Procedure section 1245.230. No provision in this Resolution requires the County to exercise its power of eminent domain on behalf of the City; and WHEREAS, the County will be adopting a resolution to acquire real property interests required for the Project and, if necessary, jointly exercise the County’s power of eminent domain with the City to acquire such property interests.

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

Section 1. All of the recitals above are true and correct and are incorporated herein as if set forth in full.