Indio City Council
April 16, 2025

Amendment No. 2 to the existing Professional Services Agreement with Alb... Page 117 of 552 Amendment #2 Request to Provide Final Engineering, Right-of-Way, and Bidding Support Services for Avenue 50 Street Improvement Project (City Project Number ST2004)

24 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: Appraisal Map (1)/Property Exhibits (33)

6.3 ROW Project Management

Monument's Project Manager and key staff will be re sponsible 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.
• 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).

6.4 Appraisal Services
Monument anticipates the preparation of fee appraisals for up to 13 appraisal reports in compliance with USPAP and Uniform Act requirements.

Amendment No. 2 to the existing Professional Services Agreement with Alb... Page 118 of 552 Amendment #2 Request to Provide Final Engineering, Right-of-Way, and Bidding Support Services for Avenue 50 Street Improvement Project (City Project Number ST2004)

25 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.
• 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.

6.5 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

Amendment No. 2 to the existing Professional Services Agreement with Alb... Page 119 of 552 Amendment #2 Request to Provide Final Engineering, Right-of-Way, and Bidding Support Services for Avenue 50 Street Improvement Project (City Project Number ST2004)

26 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 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 proper ty 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 evidenc e 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. • 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 property owner's approval and signature and submit the forms to the City for review and acceptance.

Amendment No. 2 to the existing Professional Services Agreement with Alb... Page 120 of 552 Amendment #2 Request to Provide Final Engineering, Right-of-Way, and Bidding Support Services for Avenue 50 Street Improvement Project (City Project Number ST2004)

27 • 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.

6.6 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 12 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 environmen tal assessments (add more if necessary).
• The Project involves partial acquisitions from 26 property owners and 31 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.

Amendment No. 2 to the existing Professional Services Agreement with Alb... Page 121 of 552 Amendment #2 Request to Provide Final Engineering, Right-of-Way, and Bidding Support Services for Avenue 50 Street Improvement Project (City Project Number ST2004)

28 PHASE IV – BIDDING SUPPORT

Task 7 – Bidding Support (Time and Materials Basis)

We will attend up to three pre-bid meetings with the appropriate technical personnel. When requested by the City, we will respond to bidder inquiries for 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. We will attend up to three pre-construction meetings with the appropriate technical personnel.

7.1 Pre-Bid Meeting

7.2 Response to Bidders' Inquiries

DELIVERABLE(S): Attendance at the Pre-Bid Meeting, Response to RFIs during the Bidding.

Amendment No. 2 to the existing Professional Services Agreement with Alb... Page 122 of 552 Amendment #2 Request to Provide Final Engineering, Right-of-Way, and Bidding Support Services for Avenue 50 Street Improvement Project (City Project Number ST2004)

29 EXHIBIT "C" – COMPENSATION FOR SCOPE OF SERVICES

Services described in our Scope of Work (Exhibit "B1 and B2") shall be provided on a time and material basis not to exceed .

Original Contract $ 806,625.00

Avenue 52 Amendment 1 $ 444,532.00
Contract Total with Amendment 1 $1,251,157.00

Avenue 50 Amendment 2
Jefferson to Madison (Segment 1) $1,025,557.00
Avenue 50 Amendment 2
Madison to Botella (Segment 2) $1,367,061.00
Total Amendment 2 $2,392,618.00

New contract Total with Amendment 1 and 2 $3,643,775.00

Amendment No. 2 to the existing Professional Services Agreement with Alb... Page 123 of 552 Amendment #2 Request to Provide Final Engineering, Right-of-Way, and Bidding Support Services for Avenue 50 Street Improvement Project (City Project Number ST2004)

30 EXHIBIT "C1" – Avenue 50 Between Jefferson and Madison (Segment 1)

Item Description
Dilesh R. Sheth,
Principal II
Myung G. Choo,
Principal I
Nicholas R. Lowe,
Principal I
Son H. Le, Associate III
Joseph Castaneda,
Senior II
Joy A. Schwiebert,
Associate I
Deborah A. Saulina,
Assistant III
Ricardo Perez, Senior III
Total Hours
Subtotal - Labor
Mark Thomas
Monument
Ultra Engineering
Visual Concepts
Expenses
Total/task 1
Billout Rate 312 $ 298 $ 298 $ 240 $ 267 $ 217 $ 163 $ 280 $ PHASE II - Final Plans, Specifications, and Estimate (PS&E) $546,544 Task 1 - Project Management and Administration 52 24 88 60 60 284 72,400 $ - $ - $ - $ - $ - $ 72,400 $

1.1 Project Management 16 40 12 68 18,868 $ -$ -$ -$ -$ 18,868 $

1.2 PDT and Utility Meetings (24 Meetings) 24 24 48 48 48 192 47,184 $ -$ -$ -$ -$ 47,184 $

1.3 Coordination and Sub-consultants & Agencies 12 12 24 6,348 $ -$ -$ -$ -$ 6,348 $ Task 2 - Field Survey 2 4 4 10 2,144 $ 23,144 $ - $ - $ - $ - $ 25,288 $

2.1 Design/Topographic Survey 2 4 4 10 2,144 $ 23,144 $ -$ -$ -$ 25,288 $ Task 3 - Utility Coordination and Potholing (T&M) 24 60 48 88 220 50,128 $ -$ -$ 62,282 $ -$ -$ 112,410 $

3.1 Phase 2 - Utility Relocation Coordination & Agreement 16 60 40 80 196 44,592 $ -$ -$ -$ -$ 44,592 $

3.2 Phase 2 - Utility Potholing (36 Potholes) 8 8 8 24 5,536 $ -$ -$ 62,282 $ -$ 67,818 $ Task 4 - Hydraulic Analysis

4.1 Hydraulic Analysis (Completed)
Task 5 - Final Plans, Specifications, and Estimate (PS&E) 72 136 52 128 248 556 60 68 1320 324,896 $ - $ - $ - $ 11,550 $ - $ 336,446 $

5.1 Street and Drainage Improvement Plans 20 80 40 240 500 24 904 218,492 $ -$ -$ -$ -$ 218,492 $

5.4 Signing & Striping Plans 8 120 4 132 31,948 $ -$ -$ -$ -$ 31,948 $

5.5 Street Light Plans 8 24 8 40 9,008 $ -$ -$ -$ 11,550 $ 20,558 $

5.6 CVWD Standpipe Plans 12 8 60 80 22,928 $ -$ -$ -$ -$ 22,928 $

5.7 Specifications 12 40 8 8 16 8 92 24,384 $ -$ -$ -$ -$ 24,384 $

5.8 Cost Estimate 12 16 4 8 24 8 72 18,136 $ -$ -$ -$ -$ 18,136 $ PHASE III - Right-of-Way Acquisition $473,479
Task 6 - Right-of-Way 56 100 48 260 40 504 124,516 $ 104,423 $ 230,340 $ -$ -$ 14,200 $ 473,479 $

6.1 Plats & Legal Descriptions 29 (ROW / TCE) 8 40 8 56 12,480 $ 104,423 $ -$ -$ -$ 1,200 $ 118,103 $

6.2 Appraisal Map / Property Exhibits (10) 8 60 24 220 16 328 77,876 $ -$ -$ -$ -$ 77,876 $

6.3 Project Management 8 40 24 8 80 22,872 $ -$ 33,000 $ -$ -$ 55,872 $

6.4 Appraisal Services -$ -$ 92,950 $ -$ -$ 92,950 $

6.5 Acquisition and Negotiations Process 24 24 7,488 $ -$ 92,950 $ -$ -$ 100,438 $

6.6 Escrow Coordination 8 8 16 3,800 $ -$ 11,440 $ -$ -$ 15,240 $

6.7 Preliminary Title Reports (13) -$ -$ -$ -$ -$ 13,000 $ 13,000 $ PHASE IV - Right-of-Wat Acquisition $5,534
Task 7 - Construction Support (T&M) 8 14 22 5,534 $ - $ - $ - $ - $ - $ 5,534 $

7.1 Pre-Bid Meeting (1) 2 4 6 1,492 $ -$ -$ -$ -$ 1,492 $

7.2 Response to Bidders' Inquiries 4 8 12 2,984 $ -$ -$ -$ -$ 2,984 $

7.3 Prepare Requested Bid Addendum 2 2 4 1,058 $ -$ -$ -$ -$ 1,058 $ Total 214 260 248 128 248 942 252 68 2360 579,618 $ 127,567 $ 230,340 $ 62,282 $ 11,550 $ 14,200 $ 1,025,557 $

Amendment No. 2 to the existing Professional Services Agreement with Alb... Page 124 of 552 Amendment #2 Request to Provide Final Engineering, Right-of-Way, and Bidding Support Services for Avenue 50 Street Improvement Project (City Project Number ST2004)

31 EXHIBIT "C2" – Avenue 50 Between Madison and Botella (Segment 2)

Item Description
Dilesh R. Sheth,
Principal II
Myung G. Choo,
Principal I
Nicholas R. Lowe,
Principal I
Son H. Le, Associate III
Joseph Castaneda,
Senior II
Joy A. Schwiebert,
Associate I
Deborah A. Saulina,
Assistant III
Total Hours
Subtotal - Labor
Mark Thomas
Monument
Ultra Engineering
Visual Concepts
Expenses
Total/task 1
Billout Rate 312 $ 298 $ 298 $ 240 $ 267 $ 217 $ 163 $ PHASE II - Final Plans, Specifications, and Estimate (PS&E) $708,094 Task 1 - Project Management and Administration 96 136 96 328 86,128 $ - $ - $ - $ - $ - $ 86,128 $

1.1 Project Management 40 80 40 160 42,840 $ - $ - $ - $ - $ 42,840 $

1.2 PDT and Utility Meetings (36 Meetings) 36 36 36 108 27,828 $ - $ - $ - $ - $ 27,828 $

1.3 Coordination and Sub-consultants & Agencies 20 20 20 60 15,460 $ -$ -$ -$ -$ 15,460 $ Task 2 - Field Survey 8 8 16 3,040 $ 23,144 $ - $ - $ - $ - $ 26,184 $

2.1 Design/Topographic Survey 8 8 16 3,040 $ 23,144 $ - $ - $ - $ 26,184 $ Task 3 - Utility Coordination and Potholing (T&M) 40 56 120 136 352 77,376 $ - $ - $ 84,601 $ - $ - $ 161,977 $

3.1 Phase 2 - Utility Relocation Coordination & Agreement 40 40 80 120 280 61,320 $ - $ - $ - $ - $ 61,320 $

3.2 Phase 2 - Utility Potholing (60 Potholes) 16 40 16 72 16,056 $ - $ - $ 84,601 $ - $ 100,657 $ Task 4 - Hydraulic Analysis

4.1 Hydraulic Analysis (Completed)
Task 5 - Final Plans, Specifications, and Estimate (PS&E) 96 230 136 148 324 656 60 1650 413,180 $ - $ - $ - $ 20,625 $ - $ 433,805 $

5.1 Street and Drainage Improvement Plans 60 120 96 300 6 00 40 1216 299,908 $ - $ - $ - $ - $ 299,908 $

5.4 Signing & Striping Plans 8 4 16 140 4 172 42,708 $ - $ - $ - $ - $ 42,708 $

5.5 Street Light Plans 8 24 32 7,704 $ - $ - $ - $ 20,625 $ 28,329 $

5.6 Specifications 8 80 16 16 16 136 37,984 $ - $ - $ - $ - $ 37,984 $

5.7 Cost Estimate 12 26 8 8 8 32 94 24,876 $ - $ - $ - $ - $ 24,876 $ PHASE III - Right-of-Way Acquisition $644,165
Task 6 - Right-of-Way 40 24 76 188 56 384 92,204 $ 120, 181 $ 404,580 $ - $ - $ 27,200 $ 644,165 $

6.1 Plats & Legal Descriptions 33 (ROW / TCE) 16 8 80 16 120 27,120 $ 120,181 $ - $ - $ - $ 1,200 $ 148,501 $

6.2 Appraisal Map / Property Exhibits (26) 8 8 60 8 84 19,092 $ - $ - $ - $ - $ 19,092 $

6.3 Project Management -$ -$ 38,500 $ -$ -$ 38,500 $

6.4 Appraisal Services 8 40 16 64 13,784 $ - $ 157,300 $ - $ - $ 171,084 $

6.5 Acquisition and Negotiations Process 24 60 84 25,368 $ - $ 185,900 $ - $ - $ 211,268 $

6.6 Escrow Coordination 4 8 12 2,552 $ - $ 22,880 $ - $ - $ 25,432 $

6.7 Preliminary Title Reports (26) 4 8 8 20 4,288 $ - $ - $ - $ - $ 26,000 $ 30,288 $ PHASE IV - Right-of-Wat Acquisition $14,802
Task 7 - Construction Support (T&M) 10 12 8 24 6 60 14,802 $ - $ - $ - $ - $ - $ 14,802 $

7.1 Pre-Bid Meeting (1) 2 2 2 6 1,546 $ -$ -$ -$ -$ 1,546 $

7.2 Response to Bidders' Inquiries 6 6 8 16 2 38 9,378 $ - $ - $ - $ - $ 9,378 $

7.3 Prepare Requested Bid Addendum 2 4 8 2 16 3,878 $ - $ - $ - $ - $ 3,878 $ Total 282 254 416 156 324 996 362 2790 686,730 $ 143,325 $ 404,580 $ 84,601 $ 20,625 $ 27,200 $ 1,367,061 $

Amendment No. 2 to the existing Professional Services Agreement with Alb... Page 125 of 552 City of Indio
Indio Water Authority Board
April 16, 2025

STAFF REPORT

To: Indio Water Authority Board
From: Bryan Montgomery, Executive Director
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: Award one (1) Professional Services Agreement (PSA) in an amount not-to- exceed $150,000 per fiscal year for FYs 2026-2028, to consulting firm:

TIMMONS Group, Inc., for as-needed Geographic Information System (GIS) consulting services

RECOMMENDATION:

That the IWA Board approve one (1) professional service agreement, in an amount not-to-exceed $150,000 per year for FYs 2026-2028 to the following firm: TIMMONS Group, Inc., for as-needed GIS consulting services and authorize the Executive Director to execute the respective professional service agreement. The agreement will commence on July 1st, 2025, and terminate on June 30th, 2028, with the option for IWA to extend for two (2) one (1) FY extensions, for a possible length of up to five (5) full FYs.

SUMMARY:

On December 2, 2024, IWA issued a request for qualifications (RFQ) for Geographic Information System Services. The scope of this solicitation is to support IWA’s Asset Management and Engineering Sections with GIS updates, advanced asset management applications, Cityworks reporting updates, and advanced network programing to leverage data applications in water facility management. Three Proposals were submitted to IWA. The IWA evaluation committee selected TIMMONS Group as the most qualified firm to complete the scope of work. IWA staff recommends approval of PSA with TIMMONS Group.

BACKGROUND INFORMATION:

Geographic information systems (GIS) services are housed in the Department of Information Technology; this central location enables all City departments to collect, analyze, and communicate their geographic data for internal and public use.

Beyond the central GIS services, there are unique GIS tools and solutions that are particular to water utility operations and require specialized professional support. GIS creates value across a utility by providing systems of record, engagement and insight for asset management, operational intelligence, customer engagement, planning, and engineering. Approximately 90 percent of a utility’s data is tied to a geographic location. To operate effectively and efficiently, IWA for example must know where its pipes, valves, hydrants, pumps, meters and other facilities and assets are located; the unique location and water usage patterns of its customers; where crews are working; and what facilities need maintenance or replacement. GIS allows users to query and analyze information based on its location and its spatial relationship to other features.

AGENDA ITEM #10.6
Award one (1) Professional Services Agreement (PSA) in an amount not-to-... Page 126 of 552

The current GIS consulting services agreement ends this fiscal year. IWA advertised the RFQ on May 1, 2020. TIMMONS Group, Inc. and GIS Inc. were selected to assist IWA with GIS and asset management services. The agreement lasted for three years and had two one-year extensions. The final extension ends on June 30, 2025. During this time, IWA rolled out ESRI's Utility Network, also known as the "UN Cloud," to streamline asset management, operations, and maintenance. This system has helped staff work more efficiently, boosting overall productivity and effectiveness.

IWA issued a Request of Qualifications (RFQ) on December 2, 2024, for services to begin on July 1, 2025 (FY 2025-2026). The purpose of the RFQ is to ensure IWA is receiving competitive pricing and services. Three (3) proposals were received; the TIMMONS Group proposal received the highest rating based on the evaluation criteria in the RFQ. Staff found that the TIMMONS Group is highly qualified based on the quality of their proposals, approach, experience, partnerships with both ESRI and Trimble/Cityworks, and understanding of IWA’s GIS efforts.

services the approve Board Authority professional Indio the that recommends Water Staff agreement with TIMMONS Group Inc., in a not-to-exceed amount of $150,000 per FY for as-needed professional GIS consulting services. The agreement will commence on July 1st, 2025, and terminate on June 30th, 2028, with the option for IWA to extend the term for two (2) one (1) FY extension for a possible length of up to five (5) FY’s. The agreement is on an as-needed basis and IWA does not guarantee that there will always be sufficient work assignments each FY.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$150,000 In current year budget: Yes
Current FY General
Fund Impact:

N/A Budget adjustment: N/A
Next FY Financial
Impact:
$150,000 Strategic Objective: Community Infrastructure Source of funds: Information Technology Fund-Org-Object Reference:
8106715-521064

Additional Financial Details:

Staff anticipates spending no more than $150,000 per fiscal year for the PSA for as-needed GIS consulting services. The agreement will commence on July 1st, 2025, and terminate on June 30th, 2028, with the option for IWA to extend for two (2) one (1) FY extensions, for a possible length of up to five (5) full FYs.

ALTERNATIVES:

1. Not Approve the Professional Services Agreements

2. Request additional information.

ATTACHMENTS:

Attachment 1 - PSA for GIS Services - Timmons Group Inc.Final

APPROVAL(S):

Award one (1) Professional Services Agreement (PSA) in an amount not-to-... Page 127 of 552 Reymundo Trejo, P.E., IWA General Manager Approved - 07 Apr 2025 Steven Graham Pacifico, City Attorney Approved - 07 Apr 2025 Ruby D. Walla, Director of Finance Approved - 08 Apr 2025 Bryan H. Montgomery, City Manager Approved - 08 Apr 2025

Award one (1) Professional Services Agreement (PSA) in an amount not-to-... Page 128 of 552

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE INDIO WATER AUTHORITY,

A JOINT POWERS AUTHORITY

AND

TIMMONS GROUP, INC.

A VIRGINIA CORPORATION

Form Approved 09/01/2022

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PROFESSIONAL SERVICES AGREEMENT

FOR WATER ENTERPRISE GEOGRAPHIC INFORMATION SYSTEM CONSULTING SERVICES BETWEEN THE INDIO WATER AUTHORITY AND TIMMONS GROUP, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 1st day of July, 2025 (“Effective Date”), by and between the INDIO WATER AUTHORITY (“Authority”), a joint powers authority and TIMMONS GROUP, INC., a Virginia corporation (“Consultant”). For the purposes of this Agreement Authority and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. Authority has sought by issuance of request for qualifications the performance of the water enterprise geographic information system consulting services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.

2. Consultant was selected by Authority to perform those services.

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

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

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

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

SECTION 1. T ERM OF AGREEMENT
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2028, commencing on Effective Date, unless otherwise extended by written agreement of the Parties.

(b) The Executive Director may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement for two (2) additional, one (1) fiscal year terms or on a month-to-

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month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation and Method of Payment.”

(c) Consultant acknowledges that the Agreement term may extend over multiple Authority fiscal years, and that work and compensation under this Agreement is contingent on the Authority’s Governing Board (“Board”) appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the Executive Director at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. Authority is not obligated to pay Consultant for any amounts not duly appropriated and authorized by Board.

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

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

SECTION 3. A DDITIONAL SERVICES.

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

SECTION 4. C OMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, Authority agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $150,000.00 per fiscal years 2025-2026, 2026-2027, and 2027-2028, and a not-to-exceed amount of $450,000.00 for the term of the agreement, unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. Payment shall be made in accordance with Authority’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to Authority at the address set forth in Section 24, “Notices” hereof. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the Executive

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Director’s authority under Indio Municipal Code Section 33.116 (C)(2) without approval by the Board.

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

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

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

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

Authority may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. Authority shall reject or finally accept Consultant’s work within sixty (60) days after submitted to Authority. Authority shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted.

Authority’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by Authority shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.” SECTION 6. O WNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property

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of Authority and may be used, reused or otherwise disposed of by Authority without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to Authority all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

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

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

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the extent required by laws relating to audits of public agencies and their expenditures.

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

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

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

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

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

SECTION 9. S TANDARD OF PERFORMANCE.

Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under

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this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

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

Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the Authority.

Neither Authority, nor any elected or appointed boards, officers, officials, employees or agents of Authority, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

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

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

SECTION 12. NONDISCRIMINATION.

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

SECTION 13. UNAUTHORIZED ALIENS.

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

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

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

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(b) Consultant, its officers, employees, agents or subconsultants, shall not, without prior written authorization from the Executive Director or unless requested by the General Counsel of Authority, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Authority notice of such court order or subpoena.

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

(d) Consultant shall promptly notify Authority should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. Authority retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding.

Consultant agrees to cooperate fully with Authority and to provide Authority with the opportunity to review any response to discovery requests provided by Consultant.

However, this right to review any such response does not imply or mean the right by Authority to control, direct, or rewrite said response.

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

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

SECTION 17. INSURANCE.

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

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

SECTION 18. ASSIGNMENT.

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

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

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

SECTION 19. C ONTINUITY OF PERSONNEL.

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

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

SECTION 20. T ERMINATION OF AGREEMENT.
(a) Authority may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress.

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

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

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

(e) Upon written notice, Authority may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. Authority will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension.

Authority may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 21. D EFAULT.

In the event that Consultant is in default under the terms of this Agreement, the Authority shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the Authority may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended or reduced, if circumstances warrant. During the period of time that Consultant is in default, the Authority shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the Authority may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the Authority may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the Authority to give notice of the Consultant’s default shall not be

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deemed to result in a waiver of the Authority’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. E XCUSABLE DELAYS.

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

SECTION 23. C OOPERATION BY AUTHORITY.

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

SECTION 24. N OTICES.

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

To Authority: Indio Water Authority
Attn: Executive Director
100 Civic Center Mall
Indio, CA 92201

To Consultant: Timmons Group, Inc.

Attn: Ally Kennedy
1001 Boulders Parkway, Suite 300
Richmond, VA 23225
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. A UTHORITY TO EXECUTE.

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

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SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

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

SECTION 27. BINDING EFFECT.

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

SECTION 28. AMENDMENT.

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

SECTION 29. WAIVER.

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

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

SECTION 30. LAW TO GOVERN; VENUE.

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

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

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

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits and Addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with

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respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and Authority prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

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

1. Insurance requirements (“Addendum 1”)

2. All Exhibits and Addendums

3. All amendments

4. Consultant’s proposal, if any

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

SECTION 35. TIME OF ESSENCE.

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

SECTION 36. FEDERAL FUNDS.

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

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Signature Page

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

FOR WATER ENTERPRISE GEOGRAPHIC INFORMATION SYSTEM CONSULTING SERVICES

BETWEEN THE INDIO WATER AUTHORITY AND TIMMONS GROUP, INC

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 Pacifico
General Counsel

CONSULTANT
TIMMONS GROUP, INC.

By:

Ally Kennedy, GISP
Principal – Geospatial Utilities

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Exhibit A – Scope of Services
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EXHIBIT “A”

SCOPE OF SERVICES
Timmons Group Geospatial Solutions
Consultant shall provide the services in the Scope of Work starting on July 1, 2025 and continuing until the expiration or termination of this Agreement. As requested by Authority, Consultant shall provide as-needed geographic information system services primarily remotely and onsite when necessary as requested by the Authority Principal. The services to be provided shall include but are not limited to the following services:
 The firm must be an ESRI business partner.
 The firm must have an ESRI Network Management Specialty.  The firm must be a Cityworks/Trimble business partner.  Minimum of 2 years of experience using ArcGIS Pro for editing data.  Knowledge of ESRI Suite of products used to produce and manipulate maps and apps.
 Principles of Geographic Information Systems (GIS) and associated software.  Experience with Cityworks (IWA’s EAM Software) Administration is required.  Database management principles include data conversion and transfers.  Knowledge of Information Systems, such as Enterprise Resource Planning (ERP), Customer Information Systems (CIS), and Computerized Maintenance Management Systems.
 Knowledge and experience in system integration technologies methods, tools, and types, i.e., application integration, data integration, and process integration.  Knowledge of middleware solutions and Application Programming Interfaces (API), messaging frameworks like JSON, REST, XML, SOAP, and web services, which facilitate smooth data exchange across various applications, enhancing overall business agility and connectivity.
 Knowledge of methods used to describe the features of land, utilities and other infrastructure including their physical characteristics, locations, and spatial relationships.
 Ability to:
o Use deductive reasoning to analyze data and make recommendations on better workflow processes.
o Publish map services for use by web applications such as ArcGIS Online.

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Exhibit A – Scope of Services
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o Create dashboard capabilities using ESRI platform.
o Analyze, design and prepare GIS data using GIS software applications. o Identify spatial relationships from data and infrastructure through maps, graphs, or tabular data.
o Maintain or modify existing databases.
o Enter data into new and existing databases, using techniques such as coordinate geometry, entry of tabular data, manual digitizing of maps, scanning or automatic conversion to vectors, or conversion of other sources of digital data.
o Review existing incoming data for accuracy, usefulness, quality, and completeness.
o Perform geospatial data building, modeling, or analysis, using advanced spatial analysis, data manipulation, or ArcGIS software. o Provide technical support and training to users regarding daily maintenance, development, or operation of the GIS software, databases, equipment, and applications.
o Graphically depict water assets using ArcGIS software. o Create map services for Cityworks and ArcGIS Enterprise and ArcGIS Online.
o Empower field employees and enhance remote data collection into ArcGIS and Cityworks.
o Ability to create programs for asset management within the Cityworks framework.
o Utilize IWA’s ticket system for the handling of all issues, requests and projects.
o Invoices need to reference the ticket number for payment to be processed. o Create Standard Operating Procedures for all work.
 Other assigned GIS duties, as necessary

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Exhibit B – Compensation
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EXHIBIT “B”

COMPENSATION
The total compensation shall not exceed $150,000.00 per fiscal year’s 2025-2026, 2026-2027, and 2027-2028, and a total not-to-exceed amount of $450,000.00 for the term of the agreement.

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ADDENDUM “1”

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

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

2. MINIMUM LIMITS OF INSURANCE.

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

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

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

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

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

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

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

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

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

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Authority shall not be required to contribute with it. The limits of insurance required herein

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

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

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

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City Council
April 16, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Construction contract with MasTec North America, Inc. in the amount of $1,235,346.16 for the FFA Last Mile Project (Project No. ST2414)

RECOMMENDATION:

Approve the plans and specifications for the FFA Last Mile Project (Project No. ST2414); and award a construction contract to MasTec North America, Inc. in the amount of $1,235,346.16, with a 10% construction contingency of $123,534.61, and authorize the City Manager to negotiate and approve contract change orders up to the full contingency amount, with a full summary of all approved change orders reported to the City Council either when the total reaches the contingency limit or when the project is finished, whichever happens first.

SUMMARY:

On February 28, 2025, the City received four competitive bids for the FFA Last Mile Project (Project No. ST2414), part of a broader initiative to expand broadband access throughout Indio. After a thorough review of all submissions, staff identified MasTec North America, Inc. as the lowest responsible arterial secondary along installation—primarily and proposed The bidder. fiber roadways—will extend the City’s network by over 20,000 feet and connect additional underserved neighborhoods, building on the success of a previous 2024 project. This work is supported by an $8.9 million grant from the California Public Utilities Commission’s Last Mile Federal Funding Account. A location map is provided as Attachment 1.

BACKGROUND INFORMATION:

This project is part of an ongoing effort to expand broadband access in the City of Indio. A previous project, completed in late 2024, installed about 66,000 feet of fiber optic cable to serve unconnected homes and businesses. This project will extend the network by installing an additional 20,829 feet of fiber optic cable, mostly in existing conduits. Also included is installing some new two 2-inch conduits, vaults, fiber enclosures, and other necessary network components to connect more locations.

On August 22, 2024, the California Public Utilities Commission (CPUC) awarded the City of Indio $8,944,468 in grant funds from their $2 billion Last Mile Federal Funding Account (FFA) Grant Program. This significant grant will be instrumental in bringing last mile fiber connectivity to unserved and underserved communities within Indio, marking a major step forward in the city’s efforts to bridge the digital divide. This program is dedicated to expanding broadband internet access reinforcing California, across communities underserved and to the unserved state’s commitment to Broadband For All. The City of Indio was one of 484 grant applications submitted for AGENDA ITEM #10.7
Construction contract with MasTec North America, Inc. in the amount of $... Page 150 of 552 the Last Mile Infrastructure Project. Of the five grants awarded in Riverside County, Indio stands out as the only municipality to receive funding for its Last Mile Infrastructure Project.

The project was advertised on February 3, 2025. The City received and opened bids on February 28, 2025. A total of four (4) sealed bids were received. A summary of the bids received are provided below.

Bidder’s Name Location Bid Amount
MasTec North America, Inc. Coral Gables FL $1,235,346.16 SECC Corporation Corona, CA $1,290.268.24
HP Communications, Inc. Corona, CA $1,404,444.41
Fibertel CA, LLC Sacramento, CA $2,423,027.95

Public Works staff examined the submissions, and after careful review of the project requirements and bid documents, staff determined that the lowest responsible bidder is MasTec North America, Inc. The company is appropriately licensed as a contractor in the State of California and is qualified to perform the work within the project specifications.

The engineering cost estimate was $1,625,000. The bid amount was 24% lower than the cost estimate, reflecting the economies of scale, meaning the City received better prices due to the larger quantity of work to be done.

The City Engineer has reviewed the bid documents for the project and in his opinion, the project bid documents are reasonable and meet professional engineering standards. Therefore, the City Engineer recommends that the City Council also approve the project bid documents, which are on file in the Department of Public Works. Construction is scheduled to take place from May 2025 (after festivals in April) to Fall 2025.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$1,235,346.16 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
Source of funds: IT ISF Fund Fund-Org-Object
Reference:
300-523006

Additional Financial Details:

The Fiscal Year 2024/25 Capital Improvement Program budget included sufficient funds for this project for ST2414.

ATTACHMENTS:

Attachment 1 - Project Location Map
Attachment 2 - Contract with MasTec North America, Inc.

APPROVAL(S):

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Timothy Wassil, Public Works Director Approved - 08 Apr 2025 Steven Graham Pacifico, City Attorney Approved - 11 Apr 2025 Ruby D. Walla, Director of Finance Approved - 11 Apr 2025 Bryan H. Montgomery, City Manager Approved - 11 Apr 2025

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Project Location Map

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(Not a part)

Construction contract with MasTec North America, Inc. in the amount of $...Page 154 of 552 ATTACHMENT 2

CONTRACT WITH MASTEC NORTH
AMERICA INC.

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C-1
City Project: ST2414 City of Indio Public Works

CONTRACT

CITY OF INDIO CONTRACT FOR

FFA LAST MILE PROJECT
CITY PROJECT NO. ST2414

THIS CONTRACT (“Contract”) is made and entered this April 16, 2025 (“Effective Date”), by and between the CITY OF INDIO, a California municipal corporation (“City”) and MasTec North America, Inc. , a Florida corporation (“Contractor”). Contractor’s California State Contractor’s license number is 760562; Class A, C-10. Contractor’s DIR registration number is 1000060677.

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

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

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as FFA Last Mile Project (“Project”), as described in this Contract and in the Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of one million, two-hundred thirty-five thousand, three-hundred forty-six dollars and sixteen cents ($1,235346.16) in accordance with the prices as submitted in the Bid.

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

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

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

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

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City Project: ST2414 City of Indio Public Works
compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

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

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

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

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

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

CITY OF INDIO
By:

Mayor
ATTEST: APPROVED AS TO FORM:

By: By:

City Clerk City Attorney

Dated:

MasTec North America, Inc.

By:
(print name)

Its:
(title)

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City Project: ST2414 City of Indio Public Works
Bond No. __________

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

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

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

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

NOW, THEREFORE, we, the undersigned Principal, and

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

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

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

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

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City Project: ST2414 City of Indio Public Works
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

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

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

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

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City Project: ST2414 City of Indio Public Works
Bond No. __________

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS that:

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

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

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

NOW, THEREFORE, we, the undersigned Principal, and

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

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

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

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

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

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City Project: ST2414 City of Indio Public Works
waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

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

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

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

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City Project: ST2414 City of Indio Public Works
WORKERS’ COMPENSATION

CERTIFICATE OF INSURANCE

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

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

1. This certificate is issued to:

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

The insureds under such policy or policies are:

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

Policy Number Effective Date Expiration Date

By:

Its Authorized Representative

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City Council
April 16, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: Award of contract to J&J Brothers Construction Company dba Jones Bros Construction in the amount of $3,299,000 for the Avenue 50 and Madison Street Pipe Installation, Project No. WT-WT5024; and approve the necessary budget adjustment of $1,013,348.

RECOMMENDATION:

That the City Council/IWA Board approve the plans and specifications and award a contract to J&J Brothers Construction Company dba Jones Bros Construction in the amount of $3,299,000 for the Avenue 50 and Madison Street Pipe Installation, Project No. WT-WT5024, and authorize an additional 10 percent as a contingency in the amount of $329,900 for unforeseen conditions, for a total amount of $3,628,000; and approve the necessary budget adjustment of $1,013,38.

SUMMARY:

J&J Brothers Construction Company dba Jones Bros Construction will construct approximately 6,650 linear feet (LF) or 1.25 miles of 18-inch diameter, pressure class 350 ductile iron domestic water pipeline (Project) within the City of Indio’s jurisdictional limits. The proposed pipeline would be installed in Avenue 50 starting approximately 640 feet east of Jefferson Street in the west to approximately 50 feet west of Hjorth Street in the east (see Attachment 1 – Vicinity Map). As part of Indio provide to recommended was project this Master 2019 (IWA) Authority’s Water Plan, increased water pressure, improve fire flows, and enhance operational flexibility. This project will provide the necessary infrastructure to support new development along 50th Avenue.

BACKGROUND INFORMATION:

As part of Indio Water Authority’s (IWA) 2019 Master Plan, the Project was recommended to provide increased operational the during flexibility enhance water flows, fire improve pressure, and maintenance of groundwater wells Well V and Well S. Additionally, the Project will serve domestic water to existing and future residential housing along Avenue 50th within IWA service area. The Project consists of approximately 6,650 linear feet of 18-inch water main and appurtenances to be constructed in Avenue 50 and Madison Street Pipe between Jefferson Street and Hjorth Street.

IWA’s Engineer has reviewed the design plans for the project and has determined that the design is reasonable and meets professional engineering standards. Therefore, the IWA’s Engineer recommends that the Board and City Council approve the plan and specifications on file with the Indio Water Authority.

Staff advertised the Notice Inviting Sealed Bids in PlanetBids on February 20, 2025. The City of Indio opened bids for this project on March 20, 2025.

AGENDA ITEM #10.8
Award of contract to J&J Brothers Construction Company dba Jones Bros Co... Page 163 of 552

IWA received a total of 12 bids. J&J Brothers Construction Company dba Jones Bros Construction submitted the lowest responsible bid in the amount of $3,299,000 (see Attachment 2 - Bid Tabulation). The Engineer’s Estimate for this project was $4,000,000. Once the bid award is approved, IWA will issue a Notice to Proceed (NTP) to the Contractor. The project is anticipated to be completed within 150 working days of IWA issuing NTP.

Funds for this project were budgeted in the FY 2024-25 IWA Operating and Capital Improvement Budget in an amount of $2,900,000 and requiring a budget adjustment of $1,013,348. The project costs, including contingencies, are estimated as follows:

Contractor (Construction) Base Bid …………………………………. $ 3,299,000 Contingency Change Orders (if necessary) 10% of Base Bid……. $ 329,000 Total Project Cost $ 3,628,000

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$3,628,000 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: Yes
Next FY Financial
Impact:
$3,628,000 Strategic Objective: Community Infrastructure Source of funds: Fund 310 Fund-Org-Object
Reference:

Water Development
Impact Fees

Additional Financial Details:

Budget Adjustment
Increase 310-554002 Improvements – Non-Bldg $1,013,348

ALTERNATIVES:

1. Reject all bids

2. Request additional information

ATTACHMENTS:

Attachment 1 - Vicinity Map
Attachment 2 - Bid Tabulation
Attachment 3 - Contract Avenue 50 & Madison St Pipe Installation WT-WT5024

APPROVAL(S):

Reymundo Trejo, P.E., IWA General Manager Approved - 01 Apr 2025 Steven Graham Pacifico, City Attorney Approved - 04 Apr 2025 Ruby D. Walla, Director of Finance Approved - 07 Apr 2025 Bryan H. Montgomery, City Manager Approved - 07 Apr 2025

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INDIO WATER AUTHORITY
Avenue 50 and Madison Street Pipe Installation Project, No. WT-WT5024 Bid Tabulation
March 20, 2025 at 3:00 PM
Bid
Item
No Description Unit
Estimate
Quantity Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 Mobilization 1 LS $102,942.00 $102,942.00 $165,403.00 $165,403.00 $160,000.00 $160,000.00 $150,000.00 $150,000.00 $145,000.00 $145,000.00 $91,200.00 $91,200.00 $71,164.00 $71,164.00 $150,000.00 $150,000.00 $165,000.00 $165,000.00 $150,000.00 $150,000.00 $80,000.00 $80,000.00 $175,000.00 $175,000.00 2 Diversion of Recyclable Waste Materials 1 LS $10,000.00 $10,000.00 $31,896.00 $31,896.00 $60,000.00 $60,000.00 $1,000.00 $1,000.00 $15,000.00 $15,000.00 $43,000.00 $43,000.00 $2,500.00 $2,500.00 $36,000.00 $36,000.00 $5,000.00 $5,000.00 $15,000.00 $15,000.00 $3,000.00 $3,000.00 $50,000.00 $50,000.00 3 Traffic Control 1 LS $67,500.00 $67,500.00 $135,169.00 $135,169.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $45,000.00 $45,000.00 $160,750.00 $160,750.00 $22,000.00 $22,000.00 $200,000.00 $200,000.00 $75,000.00 $75,000.00 $155,000.00 $155,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 4 Fugitive Dust Control 1 LS $6,500.00 $6,500.00 $93,173.00 $93,173.00 $25,000.00 $25,000.00 $12,000.00 $12,000.00 $10,000.00 $10,000.00 $13,750.00 $13,750.00 $1,500.00 $1,500.00 $10,000.00 $10,000.00 $55,000.00 $55,000.00 $10,274.00 $10,274.00 $25,000.00 $25,000.00 $30,000.00 $30,000.00 5 Construction Staking and Surveying 1 LS $30,000.00 $30,000.00 $60,792.00 $60,792.00 $50,000.00 $50,000.00 $15,000.00 $15,000.00 $14,500.00 $14,500.00 $39,300.00 $39,300.00 $10,000.00 $10,000.00 $17,600.00 $17,600.00 $20,000.00 $20,000.00 $11,000.00 $11,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 6 Furnish and Install 18" Class 350 DI Water Main 6063 LF $297.00 $1,800,711.00 $253.80 $1,538,789.40 $305.00 $1,849,215.00 $362.00 $2,194,806.00 $425.00 $2,576,775.00 $300.00 $1,818,900.00 $300.00 $1,818,900.00 $347.00 $2,103,861.00 $340.00 $2,061,420.00 $474.00 $2,873,862.00 $368.00 $2,231,184.00 $570.00 $3,455,910.00 7 Furnish and Install 18" Class 350 DI Pipe Within 28" Steel Casing 54 LF $1,116.00 $60,264.00 $1,391.40 $75,135.60 $1,580.00 $85,320.00 $1,118.00 $60,372.00 $625.00 $33,750.00 $2,000.00 $108,000.00 $1,200.00 $64,800.00 $975.00 $52,650.00 $1,250.00 $67,500.00 $1,300.00 $70,200.00 $1,200.00 $64,800.00 $2,500.00 $135,000.00 8 Furnish and Install 8" Class 350 DI Water Main 84 LF $422.00 $35,448.00 $225.10 $18,908.40 $225.00 $18,900.00 $522.00 $43,848.00 $235.00 $19,740.00 $300.00 $25,200.00 $200.00 $16,800.00 $450.00 $37,800.00 $525.00 $44,100.00 $410.00 $34,440.00 $500.00 $42,000.00 $500.00 $42,000.00 9 Furnish and install 18” DI Butterfly Valve 11 EA $10,000.00 $110,000.00 $10,703.00 $117,733.00 $8,702.00 $95,722.00 $11,000.00 $121,000.00 $18,500.00 $203,500.00 $9,750.00 $107,250.00 $9,800.00 $107,800.00 $11,500.00 $126,500.00 $13,500.00 $148,500.00 $11,300.00 $124,300.00 $12,000.00 $132,000.00 $12,000.00 $132,000.00 10 Furnish and Install 8" Gate Valve 2 EA $4,400.00 $8,800.00 $6,341.00 $12,682.00 $6,500.00 $13,000.00 $3,425.00 $6,850.00 $3,500.00 $7,000.00 $4,000.00 $8,000.00 $4,000.00 $8,000.00 $4,600.00 $9,200.00 $6,500.00 $13,000.00 $4,000.00 $8,000.00 $3,900.00 $7,800.00 $5,000.00 $10,000.00 11A Connect New Water Line to Existing Water Line on Sheet 4 (not incl. service lines or FH laterals) 1 LS $20,000.00 $20,000.00 $17,640.00 $17,640.00 $42,000.00 $42,000.00 $9,020.00 $9,020.00 $15,750.00 $15,750.00 $5,700.00 $5,700.00 $23,500.00 $23,500.00 $26,620.00 $26,620.00 $25,000.00 $25,000.00 $12,000.00 $12,000.00 $23,000.00 $23,000.00 $25,000.00 $25,000.00 11B Connect New Water Line to Existing Water Line on Sheet 10 (not incl. service lines or FH laterals) 1 LS $20,000.00 $20,000.00 $15,264.00 $15,264.00 $42,500.00 $42,500.00 $9,220.00 $9,220.00 $15,750.00 $15,750.00 $5,730.00 $5,730.00 $25,500.00 $25,500.00 $16,000.00 $16,000.00 $30,000.00 $30,000.00 $12,000.00 $12,000.00 $24,000.00 $24,000.00 $25,000.00 $25,000.00 12 Furnish and Install 2" Combination Air Vac and Air Release Assembly 4 EA $10,000.00 $40,000.00 $10,044.00 $40,176.00 $9,500.00 $38,000.00 $9,640.00 $38,560.00 $12,500.00 $50,000.00 $10,400.00 $41,600.00 $12,000.00 $48,000.00 $7,000.00 $28,000.00 $12,500.00 $50,000.00 $13,000.00 $52,000.00 $15,000.00 $60,000.00 $16,000.00 $64,000.00 13 Furnish and Install 4" Blow-Off Assembly 3 EA $20,000.00 $60,000.00 $13,212.00 $39,636.00 $16,500.00 $49,500.00 $13,300.00 $39,900.00 $21,500.00 $64,500.00 $14,100.00 $42,300.00 $13,500.00 $40,500.00 $11,500.00 $34,500.00 $22,000.00 $66,000.00 $18,500.00 $55,500.00 $32,000.00 $96,000.00 $20,000.00 $60,000.00 14 Furnish and Install Fire Hydrant Assembly 12 EA $21,800.00 $261,600.00 $19,401.00 $232,812.00 $21,500.00 $258,000.00 $18,150.00 $217,800.00 $16,500.00 $198,000.00 $18,500.00 $222,000.00 $21,000.00 $252,000.00 $16,000.00 $192,000.00 $28,750.00 $345,000.00 $22,000.00 $264,000.00 $25,000.00 $300,000.00 $25,000.00 $300,000.00 15 2” Waterline Service, Meter and Meter Box, Replace
Service to Meter (Shortside) 8 EA $11,600.00 $92,800.00 $6,248.00 $49,984.00 $8,950.00 $71,600.00 $8,110.00 $64,880.00 $8,500.00 $68,000.00 $6,000.00 $48,000.00 $8,000.00 $64,000.00 $4,700.00 $37,600.00 $8,500.00 $68,000.00 $9,500.00 $76,000.00 $11,000.00 $88,000.00 $15,000.00 $120,000.00 16 Contractor to Sawcut, Remove and Dispose Existing
Pavement, Curb, Sidewalk, and Landscaping (Width as
Necessary). Surface and Trench Repair to Be Per City of Indio Std. 172 and City Encroachment Permit
Requirements. Pavement, Curb, Sidewalk, and
Landscaping to Match Existing
1 LS
$250,835.00 $250,835.00 $663,547.00 $663,547.00 $390,500.00 $390,500.00 $480,000.00 $480,000.00 $75,000.00 $75,000.00 $773,000.00 $773,000.00 $1,000,000.00 $1,000,000.00 $625,000.00 $625,000.00 $750,000.00 $750,000.00 $492,151.00 $492,151.00 $1,225,000.00 $1,225,000.00 $383,000.00 $383,000.00 17 Paint (1 Coat) Traffic Striping and Markings to Match Existing as Shown on The Plan. Striping and markings to Comply with City of Indio Encroachment Permit
Requirements, CAMUTCD Standards, and Caltrans
Standard Specifications
1 LS
$30,000.00 $30,000.00 $14,503.00 $14,503.00 $26,000.00 $26,000.00 $15,000.00 $15,000.00 $15,750.00 $15,750.00 $28,700.00 $28,700.00 $13,500.00 $13,500.00 $16,820.00 $16,820.00 $15,000.00 $15,000.00 $17,167.00 $17,167.00 $23,000.00 $23,000.00 $25,000.00 $25,000.00 18 6" Water Service Manifold, Reconnect Service to Meter Per Iwa Std Dwg 701 1 EA $31,600.00 $31,600.00 $26,572.00 $26,572.00 $35,000.00 $35,000.00 $32,700.00 $32,700.00 $19,750.00 $19,750.00 $20,800.00 $20,800.00 $17,000.00 $17,000.00 $25,200.00 $25,200.00 $50,000.00 $50,000.00 $42,000.00 $42,000.00 $38,000.00 $38,000.00 $40,000.00 $40,000.00 19 1-1/2" Irrigation Service to Meter 1 EA $10,000.00 $10,000.00 $6,104.00 $6,104.00 $13,780.00 $13,780.00 $7,026.00 $7,026.00 $9,500.00 $9,500.00 $8,600.00 $8,600.00 $7,400.00 $7,400.00 $6,000.00 $6,000.00 $12,500.00 $12,500.00 $9,000.00 $9,000.00 $14,000.00 $14,000.00 $12,000.00 $12,000.00 20 Allowance to Apply for, Obtain, and Comply with City of Indio and City of La Quinta Encroachment Permit 1 LS $250,000.00 $250,000.00 $250,000.00 $250,000.00 $250,000.00 $250,000.00 $250,000.00 $250,000.00 $250,000.00 $250,000.00 $250,000.00 $250,000.00 $250,000.00 $250,000.00 $250,000.00 $250,000.00 $250,000.00 $250,000.00 $250,000.00 $250,000.00 $250,000.00 $250,000.00 $250,000.00 $250,000.00 $3,299,000.00 $3,605,919.40 $3,624,037.00 $3,818,982.00 $3,852,265.00 $3,861,780.00 $3,864,864.00 $4,001,351.00 $4,316,020.00 $4,733,894.00 $4,826,784.00 $5,433,910.00 WEKA, Inc.

Kirtley Construction, Inc.
dba TK Construction
Dominguez General
Engineering, Inc.Downing Construction, Inc. CEM Construction RE Chaffee Construction, Inc. Borden Excavating, Inc. The Van Dyke Corporation TOTAL BASE AMOUNT (Total for Non-optional and Optional Amounts Tri-Star Contracting II, Inc. TBU, Inc.

J & J Brothers Construction
Co. Big Ben Engineering

Award of contract to J&J Brothers Construction Company dba Jones Bros Co...Page 166 of 552 TS-1
Project No.: WT-WT5024 INDIO WATER AUTHORITY

CONTRACT

INDIO WATER AUTHORITY CONTRACT FOR
AVENUE 50 AND MADISON STREET PIPE INSTALLATION WT-WT5024 THIS CONTRACT (“Contract”) is made and entered this 16th of April, 2025 (“Effective Date”), by and between the INDIO WATER AUTHORITY, a California municipal corporation (“IWA”) and J & J Brothers Construction Company Inc., dba Jones Bros. Construction Company, a California corporation (“Contractor”). Contractor’s California State Contractor’s license number is 406921; Class A). Contractor’s DIR registration number is 1000007967.

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

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

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as AVENUE 50 AND MADISON STREET PIPE INSTALLATION PROJECT (“Project”), as described in this Contract and in the Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, IWA shall pay Contractor a not to exceed amount of Three million, two hundred ninety-nine dollars ($3,299,000.00) in accordance with the prices as submitted in the Bid.

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

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

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

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

Award of contract to J&J Brothers Construction Company dba Jones Bros Co... Page 167 of 552 TS-2
Project No.: WT-WT5024 INDIO WATER AUTHORITY

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

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

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

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

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

INDIO WATER AUTHORITY
By:

Glenn Miller
President

ATTEST: APPROVED AS TO FORM:

By: By:

Sabdi Sanchez, MMC Steven Graham Pacifico
Director of City Clerk Services City Attorney Dated: J & J BROTHERS CONSTRUCTION
COMPANY INC., DBA JONES BROS.

CONSTRUCTION CO.
(“CONTRACTOR”)
By:

Marc Jones
Vice President

Award of contract to J&J Brothers Construction Company dba Jones Bros Co... Page 168 of 552 C-4Project No.: WT-WT5024 INDIO WATER AUTHORITY
Bond No. __________PAYMENT BOND(LABOR AND MATERIALS)KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the Indio Water Authority (“IWA”), State of California, has awarded to (“Principal”) (Name and address of Contractor)a contract (the “Contract”) for the Work described as follows: AVENUE 50 AND MADISON STREET PIPE INSTALLATION ROJECT(Project name) WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the IWA to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the IWA and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by IWA in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

Award of contract to J&J Brothers Construction Company dba Jones Bros Co... Page 169 of 552 C-5Project No.: WT-WT5024 INDIO WATER AUTHORITY
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

Award of contract to J&J Brothers Construction Company dba Jones Bros Co... Page 170 of 552 C-6Project No.: WT-WT5024 INDIO WATER AUTHORITY
Bond No. __________PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the Indio Water Authority (“IWA”), has awarded to (“Principal”)(Name and address of Contractor) a contract (the “Contract”) for the Work described as follows:AVENUE 50 AND MADISON STREET PIPE INSTALLATION PROJECT(Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and , (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the IWA in the penal sum of Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the IWA, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by IWA in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby

Award of contract to J&J Brothers Construction Company dba Jones Bros Co... Page 171 of 552 C-7Project No.: WT-WT5024 INDIO WATER AUTHORITY
waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The IWA is the principal beneficiary of this Bond and has all rights of a party hereto.IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

Award of contract to J&J Brothers Construction Company dba Jones Bros Co... Page 172 of 552 Project No.: WT-WT5024 INDIO WATER AUTHORITY – V2025
INDIO WATER AUTHORITYCONTRACT DOCUMENTS FOR AVENUE 50 AND MADISON STREET PIPE INSTALLATION PROJECTPROJECT NO. WT-WT5024 BID DATEMA R C H 2 0 , 2 0 2 5 A T 3 : 0 0 P MApproved by: ____________________________________ Reymundo Trejo, P.E. IWA General Manager

Award of contract to J&J Brothers Construction Company dba Jones Bros Co... Page 173 of 552 NIB-1Project No.: WT-WT5024 INDIO WATER AUTHORITY
NOTICE INVITING BIDS FORAVENUE 50 AND MADISON STREET PIPE INSTALLATION PROJECTIdentification number: WT-WT5024 NOTICE IS HEREBY GIVENthat the City of Indio/Indio Water Authority (“IWA”) invites sealed Bids for the Project. The IWA will receive such Bids up to 3:00 PM on March 20th, 2025, at which time they will be publicly opened and read aloud. All Bids must be made on the form furnished by the IWA. Bids must remain valid and shall not be subject to withdrawal for sixty (60) Days after the Bid opening date. INCORPORATION OF STANDARD SPECIFICATIONS.The 2021 edition of “StandardSpecifications for Public Works Construction” (“Standard Specifications”), as amended by the Contract Documents, is incorporated into the Contract Documents by reference. A copy of these specifications can be obtained at www.bnibooks.com. SCOPE OF WORK.The Project includes, without limitation, furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work necessary to satisfactorily complete the Project, as more specifically described in the Contract Documents. This Work will be performed in strict conformance with the Contract Documents, permits from regulatory agencies with jurisdiction, and applicable regulations. The quantity of Work to be performed and materials to be furnished are approximations only, being given as a basis for the comparison of Bids. Actual quantities of Work to be performed may vary at the discretion of the IWA Engineer. OBTAINING BID DOCUMENTS. Contract documents may be downloaded electronically without charge, by registering as a bidder. The City has partnered with PlanetBids to announce and distribute all solicitations for engineering capital improvement projects. Only companies that are registered will be eligible to bid and/or propose on the project. A digital copy of said contract documents are available on-line at: https://pbsystem.planetbids.com/portal/32404/portal-home There are several public agencies that utilize PlanetBids, each with their own portal. Registration with PlanetBids must be made individually with each agency. Bidders must register with the City of Indio’s portal to ensure receipt of any Addenda issued by City on this Project. A free copy of the bid documents are also located to view on the City’s Website at: https://www.indio.org/business/request-for-proposals-rfps/notice-of-inviting-bids FACSIMILE NUMBER AND EMAIL ADDRESS.Bidders shall supply the IWA Engineer with a facsimile number and email address to facilitate transmission of Addenda and other information related to these Contract Documents. If the Addenda and other information are emailed, the IWA shall also send all documents by facsimile or U.S. Mail. Failure to provide such a facsimile number and email address may result in late notification. The IWA does not guarantee that it will provide any information by facsimile, email, or both. A Bidder shall be responsible for all Addenda

Award of contract to J&J Brothers Construction Company dba Jones Bros Co... Page 174 of 552 NIB-2Project No.: WT-WT5024 INDIO WATER AUTHORITY
regardless of whether Bidder received any such fax or email, and a Bidder shall have no recourse due to not receiving such facsimile, email or both. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS.In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. PREVAILING WAGES.In accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The selected Bidder (Contractor) and any Subcontractors shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages. Copies of those rates are on file with the Director of Public Works, and are available to any interested party upon request. The Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring and enforcement by the DIR. BONDS.Each Bid must be accompanied by a cash deposit, cashier’s check, certified check or Bidder’s Bond issued by a Surety insurer, made payable to the IWA and in an amount not less than ten percent (10%) of the total Bid submitted. Personal or company checks are not acceptable. Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price. Before acceptance of the Project, the Contractor shall submit a warranty or maintenance Bond that is valid for one year from acceptance, in the amount of one hundred percent (100%) of the Contract Price; in lieu of that Bond, the Contractor may submit proof from the Surety that the performance Bond has been extended for the appropriate duration of time. All Bonds must be issued by a California admitted Surety insurer using the forms set forth in the Contract Documents, or in any other form approved by the IWA General Counsel. Failure to enter into the Contract with the IWA, including the submission of all required Bonds and insurance coverages, within fifteen (15) Days after the date of the mailing of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law. NON-MANDATORY PRE-BID MEETING AND SITE VISIT.No pre-bid meeting will be held for the project. Every Bidder may, or may not, choose to visit the site. No allowances for cost adjustments will be made if a Bidder fails to adequately examine the Project site before submitting a Bid. TRENCHES AND OPEN EXCAVATIONS.Pursuant to Labor Code Section 6707, if this Project involves the construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, each bid submitted in response hereto shall contain, as a Bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which shall conform to applicable safety orders. LICENSES.Each Bidder shall possess a valid Class A General Engineering or C-34 Pipe Contractor’s license issued by the California State Contractors License Board at the time of the Bid submission, unless this Project has any federal funding, in which case the successful Bidder must possess such a license at the time of Contract award. The successful Contractor must also possess a current City business license.

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RETENTION SUBSTITUTION.Five percent (5%) of any progress payment will be withheld as retention. In accordance with Public Contract Code Section 22300, and at the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with the IWA or with a State or federally chartered bank as escrow agent, which shall then pay such moneys to the Contractor. Upon satisfactory completion of the Project, the securities shall be returned to the Contractor. Alternatively, the Contractor may request that the IWA make payments of earned retentions directly to an escrow agent at the Contractor’s expense. No such substitutions shall be accepted until all related documents are approved by the IWA General Counsel. TRADE NAMES OR EQUALS.Requests to substitute an equivalent item for a brand or trade name item must be made by written request submitted no later than ten (10) Calendar Days before the Bid submission deadline. Requests received after this time shall not be considered. Requests shall clearly describe the product for which approval is requested, including all data necessary to demonstrate acceptability. LIQUIDATED DAMAGES.Liquidated damages shall accrue in the amount of $1,000 for each calendar day that Work remains incomplete beyond the Project completion deadline specified in the Contract Documents. BIDDING PROCESS.The IWA reserves the right to reject any Bid or all Bids, and to waive any irregularities or informalities in any Bid or in the bidding, as deemed to be in its best interest. By: _____________________________ ___________________________________ IWA Engineer Date

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City Council
April 16, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: Indio Subbasin Annual Report for Water Year 2023-2024 in accordance with the Sustainable Groundwater Management Act (SGMA) of 2014

RECOMMENDATION:

That the City Council/IWA Board receive and file the Indio Subbasin Annual Report for Water Year 2023-2024.

SUMMARY:

This is an informational item on groundwater supply conditions in the Indio (Whitewater River) Subbasin for Water Year (WY) 2023-2024 (October 1, 2023 – September 30, 2024). Overall, the Indio Subbasin gained approximately 184,670 acre feet (AF) in groundwater storage during WY23-

24. The region continues to manage the basin sustainably, with ongoing programs and projects that promote water conservation and long-term water sustainability. This annual report is a regulatory requirement per the Sustainable Groundwater Management Act (SGMA) of 2014 and prepared jointly by the Coachella Valley Water District (CVWD), Coachella Water Authority (CWA), Desert Water Agency (DWA), and Indio Water Authority (IWA) as groundwater sustainability agencies (GSAs) over portions of the Indio Subbasin.

BACKGROUND INFORMATION:

Groundwater Sustainable the of passage the is related requirement report annual The to Management Act (SGMA) in 2014, which established a framework to protect groundwater resources over the long term and avoid overdraft (i.e., groundwater extraction exceeding water supply). SGMA requires local agencies to form groundwater sustainability agencies (GSAs) to manage high and medium priority basins. The State Department of Water Resources (DWR) deemed the Indio Subbasin as a medium priority basin.

The Coachella Valley Water District (CVWD), Coachella Water Authority (CWA), Desert Water Agency (DWA), and Indio Water Authority (IWA) were established as GSAs for the Indio Subbasin and a Memorandum of Understanding was adopted amongst the agencies specifying the GSAs’ intent to work collaboratively and sustainably manage the basin.

SGMA also established a process for local agencies to develop an Alternative Plan in lieu of a Groundwater Sustainability Plan (GSP) for evaluation by DWR. The Alternative Plan demonstrates how GSAs have already achieved or will achieve sustainable groundwater management. The GSAs submitted the initial Indio Subbasin Alternative GSP to DWR in December 2016. On July 17, 2019, DWR approved the Alternative Plan with specific recommendations, including a requirement to AGENDA ITEM #10.9
Indio Subbasin Annual Report for Water Year 2023-2024 in accordance with... Page 186 of 552 submit an Alternative Plan Update by January 1, 2022. The GSAs subsequently prepared the 2022 Indio Subbasin Alternative Groundwater Sustainability Plan, which was approved by each respective GSA’s governing board prior to DWR submittal. The Indio City Council/IWA Board adopted the Alternative Plan on December 15, 2021, via Resolution No. 10247.

The four GSAs jointly prepare and submit the annual reports to DWR by April 1 of each year. The Indio Subbasin Annual Report describes groundwater extraction and use, surface water supplies, and storage levels in the basin for Water Year 2023-2024 (October 1, 2023, to September 30, 2024). Last WY was a hydrologically average year and continued to benefit from the previous wet year. Natural inflow from mountain front recharge and streamflow recharge was 43,633 AF. Due to earlier wet conditions and higher State Water Project (SWP) deliveries, more water was added to the Whitewater River Groundwater Replenishment Facility (WWR-GRF) in the 2023-2024 water year compared to the previous year. In WY 2023-2024, 296,726 AF of imported and local surface water was used for groundwater replenishment in the Indio Subbasin. The region continues to manage the basin sustainably, with ongoing programs and projects that promote water conservation and long-term water sustainability.

The Indio Subbasin GSAs continue to implement the identified goals and programs to sustainably manage the basin. Results of the ongoing basin monitoring program demonstrate the significant progress made towards eliminating groundwater overdraft. Since 2009, the Indio Subbasin has recovered approximately 1,051,000 AF of groundwater in storage.

The Alternative Groundwater Sustainability Plan, annual reports, and other documents related to the governance website via public available are for Indio the of management and Subbasin http://www.indiosubbasinsgma.org/alternative-plan-update/.

This item is not a project as defined by CEQA; therefore, approval does not require any CEQA action.

ATTACHMENTS:

Attachment 1 - Executive Summary excerpt for the Indio Subbasin Annual Report for Water Year 2023-2024

APPROVAL(S):

Reymundo Trejo, P.E., IWA General Manager Approved - 01 Apr 2025 Steven Graham Pacifico, City Attorney Approved - 04 Apr 2025 Ruby D. Walla, Director of Finance Approved - 07 Apr 2025 Bryan H. Montgomery, City Manager Approved - 07 Apr 2025

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EXECUTIVE SUMMARY
The Coachella Valley Water District (CVWD), Coachella Water Authority (CWA), Desert Water Agency (DWA), and Indio Water Authority (IWA) represent the Groundwater Sustainability Agencies (GSAs) responsible for sustainably managing the Indio Subbasin in compliance with the Sustainable Groundwater Management Act (SGMA).

On behalf of the Indio Subbasin GSAs, Todd Groundwater has prepared this Indio Subbasin Annual Report for Water Year (WY) 2023 -2024 (Annual Report) in accordance with annual reporting requirements of SGMA. The Annual Report summarizes groundwater conditions and the implementation status of projects and management actions in the Indio Subbasin for WY 2023 ‐2024 (October 1, 2023 to September 30, 2024). This report is the eighth annual report prepared for the Indio Subbasin, which is designated as Basin No. 7‐21.01 by the California Department of Water Resources (DWR).

ES-1 B ACKGROUND
The Coachella Valley Groundwater Basin (Basin) has been divided into four Subbasins by DWR as documented in California Bulletin 108 (1964) and Bulletin 118 (2016). The four Subbasins include the Indio 1, Mission Creek, San Gorgonio Pass, and Desert Hot Springs Subbasins ( Figure 1-1 ). The Indio, Mission Creek, and San Gorgonio Pass Subbasins have been designated as medium‐ priority Subbasins under SGMA, and the Desert Hot Springs Subbasin has been designated as a very low‐priority Subbasin.

On December 29, 2016, the Indio Subbasin GSAs submitted to DWR the 2010 Coachella Valley Water Management Plan (CVWMP) (CVWD, 2012a), accompanied by a Bridge Document (Indio Subbasin GSAs, 2016) that describes how the 2010 CVWMP and supporting documents satisfied the requirements of SGMA and should be considered as an acceptable Alternative to a Groundwater Sustainability Plan (GSP) for the Indio Subbasin (Alternative Plan).

On July 17, 2019, DWR approved the Alternative Plan with specific recommendations presented in its Indio Subbasin Alternative Assessment Staff Report and a requirement to submit an Alternative Plan Update by January 1, 2022. Consistent with SGMA, objectives of the Alternative Plan Update were to assess and report progress toward sustainability of the Indio Subbasin, respond to DWR recommendations and, consistent with the goals of the 2010 CVWMP, make needed updates to ensure that future water demands in the Indio Subbasin are reliably met in a cost‐effective and sustainable manner. The Indio Subbasin GSAs published the update to the Alternative Plan, the 202 2 Indio Subbasin Water Management Plan Update:

SGMA Alternative Plan (2022 Alternative Plan Update), which was submitted to DWR in December 2021 .

The 2022 Alternative Plan Update includes the Indio Subbasin and the areas served by or expected to be served by groundwater from the subbasin (Plan Area).

On June 27, 2024, DWR determined the 2022 Alternative Plan Update was approved. In their approval letter, DWR provided a Staff Assessment that included three main recommended corrective actions “to 1 The Indio Subbasin is also identified as the Whitewater River Subbasin by the United States Geological Survey, 1980. However, the Whitewater River Subbasin is identified as the Indio Subbasin in DWR Bulletin 108 (1964) and Bulletin 118 (2016). For consistency with SGMA, this Annual Report will identify the Whitewater River S ubbasin as the Indio Subbasin.

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facilitate progress in achieving the Subbasin’s sustainability goal”. These recommended corrective actions (RCAs) are described in Section 1.2.2 and will be addressed in the 2027 Alternative Plan Update.

ES-2 WY 2023-2024 OVERVIEW
While eighth in the series of Annual Reports, this WY 2023‐2024 Annual Report is the fourth since submittal of the comprehensive 2022 Alternative Plan Update and incorporates its priorities, findings, and implementation planning. The 2022 Alternative Plan Update is available on the program website (www.IndioSubbasinSGMA.org).

The 2022 Alternative Plan Update addressed groundwater sustainability criteria, as defined in SGMA, including the undesirable results of chronic lowering of groundwater levels, reduction of groundwater storage, seawater intrusion, land subsidence, degraded water quality, and depletion of interconnected surface water. SGMA also defines quantitative measures to demonstrate sustainability, which include the Minimum Threshold (MT), a numeric value used to define each undesirable result, and the Measurable Objective (MO), a quantifiable goal to track the performance of sustainable management. The 2022 Alternative Plan Update provided MTs for groundwater levels, defined by historical groundwater low levels (which occurred in the years around 2009). These levels also serve as effective proxy MTs for the potential undesirable results of groundwater storage depletion and subsidenc e given the direct relationships between groundwater levels and these indicators. Establishment of the MTs also involved identification of 57 Key Wells across the Subbasin to represent local groundwater levels with each Key Well assigned a specific MT.

In WY 2023‐2024, water levels in all 57 wells remained above their respective MTs, confirming that significant undesirable results of chronic lowering of groundwater levels, depletion of groundwater storage, and potential subsidence are not occurring across the basin.

The past water year was a hydrologically average year but continued to benefit from the previous wet year. Natural inflow from mountain front recharge and streamflow recharge was 43,633 AF, similar to the long term average (45,953 AFY average from 1930‐2020).

As a result of previous wet conditions and increased State Water Project (SWP) deliveries, managed aquifer recharge in the Whitewater River Groundwater Replenishment Facility (WWR‐GRF) was increased in WY 2023‐2024, relative to the prior water year. Approximately 281,207 AF was recharged at this facility, which is about 113,000 AF more than in WY 2022‐2023 and 260,000 AF more than WY 2021‐2022.

Replenishment at Thomas E. Levy Groundwater Replenishment Facility (TEL‐GRF) continued to be reduce this water year due to voluntary reductions in Colorado River water use , similar to the operations in WY 2022‐2023. While groundwater replenishment was reduced at this facility, the long history of consistent recharge at TEL ‐GRF has resulted in increased long term water levels and has helped maintain basin groundwater levels in the East Valley . Palm Desert Groundwater Replenishment Facility (PD ‐GRF) continued without reductions in WY 2023‐2024. Recharge increased slightly to about 12,000 AF in WY 2023‐2024 from a four‐year average of 10,400 AF.

Overall, the Indio Subbasin gained 184,670 AF in storage during WY 2023‐2024. The GSAs continued to implement the Projects and Management Actions (PMAs) detailed in the 2022 Alternative Plan Updat e; their progress is documented in Section 8.

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ES-3 INDIO SUBBASIN SETTING
The Indio Subbasin is part of the Coachella Valley Groundwater Basin, which extends approximately 50 miles southeast from the San Bernardino Mountains to the northern shore of the Salton Sea (Figure 1-1).

The Coachella Valley Groundwater Basin lies within the northwesterly portion of California's Colorado Desert. The San Bernardino, San Jacinto, and Santa Rosa Mountains impede the eastward movement of storms and create a rain shadow, which results in an arid climate and greatly reduces the contribution of direct precipitation as a source of recharge to groundwater.

The Coachella Valley Groundwater Basin has been divided into four subbasins as described by DWR in Bulletin 108 (1964) and Bulletin 118 (2016). The boundaries between the subbasins are generally defined by faults that impede the lateral movement of groundwater flow.

The Indio Subbasin underlies the major portion of the Coachella Valley floor and encompasses approximately 525 square miles (mi 2). As shown on Figure 1-1, it shares a border with the San Gorgonio Pass Subbasin; this boundary represents a bedrock constriction and flow divide. On the southwest, the Indio Subbasin is bordered by the Santa Rosa and San Jacinto Mountains. The Indio Subbasin is separated from the Mission Creek Subbasin by the Banning Fault, and from the Desert Hot Springs Subbasin by the San Andreas Fault; both faults represent effective barriers to groundwater flow (DWR, 1964) (Figure 1-1).

Within the Indio Subbasin, the Garnet Hill Fault also partially impedes groundwater flow from the Garnet Hill Subarea to the south.

Sediments in the northwestern Indio Subbasin are predominantly coarse‐grained. From about the City of Indio southeasterly to the Salton Sea, the Indio Subbasin is characterized by increasingly thick layers of silt and clay, especially in the shallower portions. These silt and clay layers are remnants of ancient lakebed deposits and impede the percolation of water applied for irrigation (DWR 1964). In 1964, DWR estimated that the Indio Subbasin contained approximately 29,800,000 acre‐feet (AF) of water in the first 1,000 feet below the ground surface (feet bgs), or approximately 76 percent of the total groundwater in the Coachella Valley Groundwater Basin.

The Indio Subbasin was divided by DWR (1964) into five subareas: Garnet Hill, Palm Springs, Thermal, Thousand Palms, and Oasis ( Figure 2-1). Subareas have been delineated based on one or more of the following geologic or hydrogeologic characteristics: type(s) of water ‐bearing formations, water quality, areas of confined groundwater, and groundwater or surface drainage divides. The largest of these are the Palm Springs and Thermal subareas. The Palm Springs Subarea in the northwest is characterized by a thick sequence of coarse sediments and by substantial natural recharge along the Whitewater River and artificial recharge (replenishment). Groundwater from the Palm Springs Subarea moves southeastward through the Thermal Subarea. The Garnet Hill Subarea is loc ated between the Banning and Garnet Hill Faults, which act as barriers to groundwater movement below a depth of about 100 feet bgs. The Garnet Hill Subarea is recharged by subsurface flow from the Mission Creek Subbasin and runoff from the Whitewater River watershed. Relative to the Palm Springs Subarea, the hydrostratigraphy of the Thermal Subarea is generally characterized by greater frequency and extent of fine‐grained sediments that define an Upper Aquifer and Lower Aquifer (separated by a semi ‐confining aquitard) and a shallow fine‐grained zone in which semi ‐perched groundwater occurs. Semi ‐perched groundwater has been maintained by irrigation water applied to agricultural lands, necessitating the construction of an extensive subsurface tile drain system (DWR, 1964). The Thousand Palms Subarea on the east margin is characterized by distinct water quality and recharge that apparently occurs mostly from the Indio Hills. Similarly, the Oasis Subarea

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on the southwest margin is characterized by unconfined groundwater that is different in chemical characteristics from water in the major aquifers of the Indio Subbasin.

ES-4 G ROUNDWATER ELEVATION DATA
As summarized in Table ES -1, 355 wells were included in the groundwater level monitoring program in WY 2023
‐
2024. Of these 355 wells, 57 were monitored by the Indio Subbasin GSAs to serve as Key Wells (see Figure 3 -1) for assessing sustainability in terms of groundwater levels, storage, and potential subsidence.

A
s documented in the 2022 Alternative Plan Update, the 57 Key Wells were selected through a quantitative approach that considered wells in terms of long records characteristic of an area and distribution across the Indio Subbasin, Figure 3-1 . Each Key Well was assigned a groundwater level MT, based on historical low groundwater levels. Information on these Key Wells and the associated water level data is uploaded to the SGMA portal on an on
‐
going basis. Groundwater elevations in all 57 of the Key Wells were above the MTs set in the 2022 Alternative Plan Updat e, showing no indication of chronic lowering of groundwater levels, storage depletion, or potential subsidence.

T
able ES-1. WY 2023-2024 Wells in the Indio Subbasin Water Level Monitoring Program Monitoring Agency Key Wells
Monitored
Additional
Wells
Monitored
Total Wells
Monitored
Coachella Valley Water District 52 241 293
Coachella Water Authority 0 7 7
Desert Water Agency 4 29 33
Indio Water Authority 1 21 22
Total 57 298 355
Figure 3-2 shows the WY 2023 ‐ 2024 groundwater elevation contour map for the Indio Subbasin.

Groundwater elevations presented in this report are representative of the principal aquifer zone.

Groundwater levels do not exhibit strong seasonal variations, so average groundwater elevations of the principal aquifer for the water year are used for contouring. Regional groundwater flows are in a northwest‐to‐
southeast direction through the Subbasin. The hydraulic gradients across the Indio Subbasin in WY 2023
‐2024
were typically steeper in the northwest, flattening downgradient to the southeast.

Groundwater elevations and gradients are strongly influenced by groundwater replenishment activities near the WWR‐
GRF and TEL‐
GRF. PD‐
GRF was constructed adjacent to CVWD’s administrative offices i n 2019; replenishment activities there do not appear to influence hydraulic gradients significantly.

Geological faults, constrictions, and pumping also affect localized hydraulic gradients. Collectively, the hydrographs in Figure 3-2 illustrate the effecti veness at reversing historical overdraft with continued groundwater replenishment, source substitution, and conservation programs under varying historical climatic and water use conditions. Groundwater levels throughout the Indio Subbasin have either increased or stabilized since historical lows in the mid to late 2000s.

His
torically, the eastern portion of the Indio Subbasin experienced artesian conditions with sufficient pressure to cause groundwater levels in deep wells to rise above the ground surface. Beginning in the late 1980s, groundwater use increased, resulting i n declining water levels and the loss of these artesian

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conditions. Groundwater management programs (including groundwater replenishment, source substitution, and water conservation) have restored groundwater levels and artesian conditions in the eastern portion of the Indio Subbasin. The area of artesian conditions decreased slightly from WY 2022‐ 2023 to WY 2023‐2024 (Figure 3-3).

Land subsidence in the Coachella Valley has been investigated since 1995 through an on‐going cooperative program between CVWD and the United States Geological Survey (USGS). Analysis of Interferometric Synthetic Aperture Radar (InSAR) data collected from 1995 to 2017 by the USGS indicates that as much as

2.0 feet of subsidence occurred in the Indio Subbasin from 1995 to 2010 near Palm Desert, Indian Wells, and La Quinta (Sneed and Brandt, 2020). Since 2010, groundwater levels have stabilized or partially recovered in that area in response to the implementation of source substitution, conservation, and groundwater replenishment programs included in the 2010 CVWMP resulting in much smaller subsidence magnitudes. Elsewhere, up to 1 inch of uplift has been measu red since 2011 in the Palm Springs area, corresponding to higher groundwater levels in response to WWR‐GRF recharge. In the Thermal area, the ground surface has also rebounded about 2 inches over the past 10 years, returning to elevations observed in 2001. This rebound coincides with commencement of recharge operations at the TEL ‐GRF in 2009.

The Indio Subbasin GSAs plan to continue monitoring water levels and subsidence to track the effects of management actions on land subsidence. The GSAs and the USGS have established a partnership and a continuing subsidence monitoring program to collect an d evaluate data between 2015 and 2023 with a report to be published by the USGS by June 30, 2025.

ES-5 GROUNDWATER EXTRACTIONS
A total of 267,495 AF of groundwater was extracted from the Indio Subbasin in WY 2023‐2024 (Table ES-2). The total groundwater extracted represents an increase of 8,631 AF (3.3 percent) compared to the volume extracted in WY 2022‐2023 (258,864 AF). The agricultural sector (including fish farms) produced less volume than in WY 2022‐2023, with a 3,170 AF or 7 .4 percent decrease. The industrial sector experienced a volumetric increase in groundwater use of 239 AF compared to WY 2022‐2023, or 1 5.2 percent. The urban usage experi enced a volumetric increase in water use of 1 1,562 AF compared to WY 2022‐2023, or 5.4 percent. The groundwater use by golf courses and other recreational users is included in the urban sector.

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Table ES-2. WY 2023-2024 Groundwater Extractions in the Indio Subbasin by Water Use Sector Water Use
Sector
Groundwater
Extractions
(AF)
Method of
Measurement
Accuracy of
Measurement
Agriculture1 39,708 100% metered ±2%
Industrial2 1,808 15% metered ±2%
85% estimated ±50%
Urban3 224,479 99% metered ±2%
1% estimated ±50%
Undetermined4 1,500 100% estimated ±50%
Total Production 267,495
Notes: `
1 – Includes crop irrigation and fish farms.
2 – Includes 1,100 AF of estimated unreported extractions for industrial tribal water use.
3 – Total includes municipal, golf courses and other uses. Total also includes 1,200 AF of estimated unreported extractions for recreational tribal water use. Of the total urban use, 2,348 AF is exported for use outside the Indio Subbasin. 4 – Estimated unreported extraction by minimal pumpers (including small water systems, domestic wells, and other private wells) who do not have to report production to CVWD (<25 AFY) or DWA (<10 AFY) and estimated additional unclassified tribal water use.

ES-6 S URFACE WATER
Surface water supplies consist of local surface water, imported Colorado River water from the Coachella Canal, SWP and other imported supplies exchanged for water from the Colorado River Aqueduct (CRA), and recycled water produced by public wastewater treatment/reclamation plants.

N
atural surface water flow in the Coachella Valley occurs as a result of precipitation and concentrated stream runoff originating from the San Bernardino and San Jacinto Mountains, with lesser amounts originating from the Santa Rosa Mountains. Precipitatio n data for WY 2023 ‐
2024 collected at 12
precipitation monitoring stations in the Coachella Valley are provided in Table 6-1. Station locations are shown on Figure 5-1 . The annual precipitation for these stations during WY 2023 ‐
2024 averaged 5.19
inches, or approximately 74 percent relative to the long‐ term average.

E
S-6.1 Local Surface Water
DW
A operates stream diversion facilities on Snow, Falls, and Chino Canyon creeks, and captures subsurface flow from the Whitewater River Canyon. During WY 2023 ‐
2024, 607 AF of local surface water
was directly used for urban and agricultural water supply in DWA’s service area as shown in Table 5-3. An additional 2,297 AFY local surface water was diverted to WWR‐G RF for groundwater replenishment.

St
reamflow is measured by the USGS at 1 5 locations within the Indio Subbasin ( Figure 5-1). Table 5-2 shows the station name and number and the recorded streamflow volumes for WY 2023 ‐
2024.

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ES-6.2 Colorado River Water
Colorado River water has been a major water supply source for the Indio Subbasin area since the completion of the Coachella Canal in 1949. CVWD is the only agency in the Indio Subbasin that has Colorado River water allocations quantified in the 2003 Quantification Settlement Agreement. In Calendar Year (CY) 2024, CVWD’s total entitlement of Colorado River water was 4 14,000 AF, an increase of 5,000 AF as compared to the CY 2023 entitlement. In WY 2023‐2024, approximately 81 percent of the Colorado River water delivered through the Coachella Canal was used for agriculture, about 1 4 percent was for urban uses (e.g., golf courses and homeowners’ associations), and about 5 percent was replenished at the TEL‐GRF and PD ‐GRF. This was similar to last water year but a reduction from WY 2021‐2022 when 15 percent of the Colorado River water was delivered to the groundwater replenishment facilities. The reduction of managed recharge from 48,335 AF to 13,223 AF, reflects CVWD’s voluntary reductions in Colorado River water use by reducing replenishment at the Thomas E. Levy Groundwater Replenishment Facility (TEL‐GRF).

ES-6.3 State Water Project Water
DWR manages the SWP and determines the available amount of SWP water for delivery based on hydrologic, storage, water rights, water quality, and environmental factors, including requirements for the Sacramento‐San Joaquin Delta. While CVWD and DWA have con tracts for Table A SWP water, there are no physical facilities to deliver this water to the Coachella Valley. SWP water is exchanged for Colorado River water from the Metropolitan Water District of Southern California’s (MWD’s) CRA. Since 1973, this exchange water has been delivered for groundwater replenishment to the Indio Subbasin at the WWR ‐ GRF and to the Mission Creek Subbasin at the Mission Creek Groundwater Replenishment Facility (MC ‐ GRF). The Advance Delivery Agreement allows MWD to pre‐deliver SWP water to CVWD and DWA, exchanged for Colorado River water, at the WWR ‐GRF or MC‐GRF. As such, CVWD and DWA account for annual deliveries of SWP Exchange water from the CRA and water previously delivered to the Coachella Valley and credited to the Advance Delivery Account.

In WY 2023‐2024, MWD received 100,119 AF of CVWD and DWA SWP and other exchange water. Total water deliveries from the CRA to the Coachella Valley were 286,639 AF. This total included the 100,119 AF of exchange water, plus 15,000 AF of 1988 MWD/IID Approval Agreement Exchange water, and 171,520 AF of Advance Delivery water. From this total, 281,207 AF were delivered for replenishment at the WWR‐GRF and 5,432 AF were delivered to Mission Creek GRF (located outside of the Indio Subbasin).

The Advance Delivery of 171,520 AF contributed to the balance in MWD’s Advance Delivery Account which increased to 433,648 AF at the end of WY 2023‐2024.

ES-6.4 Recycled Water
Figure 5-2 shows the locations of water reclamation plants (WRPs) and other wastewater treatment facilities in the Indio Subbasin. Currently, three WRPs provide recycled water for irrigation in the Indio Subbasin (City of Palm Springs WWTP/DWA WRP, CVWD WRP‐7, and CVWD WRP‐10).

Four additional WRPs in the Indio Subbasin treat wastewater, but do not deliver recycled water for direct use at this time (CVWD WRP‐2, CVWD WRP‐4, Coachella WRP, and Valley Sanitary District (VSD) WWTP).

For these wastewater treatment facilities, treated effluent is discharged either to onsite percolation/evaporation ponds or to the Coachella Valley Storm Channel (CVSC). In WY 2023‐2024, a total

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of 41,893 AF of wastewater was treated, of which 13,165 AF was recycled and reused, 6,126 AF was discharged through percolation/evaporation, and 22,602 AF was discharged to the CVSC.

ES-7 TOTAL WATER USE
A total of 554,386 AF of water was delivered for direct use within the Plan Area during WY 2023‐2024.

This represents an increase of 23,221 AF, or 4 percent, compared to WY 2022‐ 2023. This includes water used in the Subbasin and exported for use outside of the Subbasin within the Plan Area or in adjacent subbasins. In WY 2023‐2024, total water demand increased by four percent. The decreased precipitation and increased ET may have increased the irrigation demand for golf courses, agricultural areas, and urban landscapes over the previous year’s wet conditions . Similar water use increases were seen in the agricultural and urban sectors, of three and five percent respectively.

As summarized in Figure ES-1, total direct use is calculated by summing groundwater production, local surface water diversions, Coachella Canal water deliveries, and recycled water use for agricultural, industrial, urban, and other undetermined uses.

Total direct use volumes include 3,720 AF of water exported for use outside of the Indio Subbasin. This includes Colorado River water delivered outside the Indio Subbasin for agricultural use (404 AF) and urban use ( 968 AF), and groundwater pumped from the Indio Subbasin and delivered outside of the Indio Subbasin ( 2,348 AF), including groundwater delivered to CVWD customers in Imperial and Riverside counties on the east and west sides of the Salton Sea (East and West Salton Sea Basins) and water exported from Garnet Hill to Mission Creek Subbasin.

Figure ES-1. Comparison of Supply and Demand for Direct Use for the Plan Area- WY 2023-2024

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ES-8 GROUNDWATER BALANCE AND CHANGE IN GROUNDWATER STORAGE A groundwater balance is helpful in assessing the condition of the groundwater of the Indio Subbasin. The groundwater balance compares the inflows and outflows of the Indio Subbasin for a specific time period.

The difference between inflows and outflows at a given time is defined as the change in storage for that time period. The Indio Subbasin groundwater balance for WY 2023‐2024, including estimated inflow and outflow quantities, is summarized on Figure ES-2. The 2022 Alternative Plan Update numerical model was updated through September 2024.

Inflows contributing to the groundwater balance of the Indio Subbasin consist of infiltration of natural runoff, return flows from urban and agricultural uses, artificial replenishment, and Salton Sea intrusion (if any). Inflows from outside the Indio Subb asin consist of subsurface inflow from the San Gorgonio Pass Subbasin and from the Mission Creek and Desert Hot Springs Subbasins. Groundwater outflows from the Indio Subbasin consist of groundwater pumping, flow from the semi‐perched aquifer through agricultural drains into the Salton Sea, evapotranspiration (ET) from the shallow unconfined aquifer, evaporation losses, and subsurface flow out of the Indio Subbasin into the aquifers beneath the Salton Sea.

The annual change in groundwater storage represents the annual difference between inflows and outflows in the Indio Subbasin. During wet years or periods of high artificial recharge, the change in storage is positive (water in storage increases). In dry ye ars, periods of low artificial recharge, or periods of high pumping, the change in storage is often negative (storage decreases). Managed artificial recharge continued to replenish the Subbasin. The Indio Subbasin gained 184,670 AF in storage during WY 2023 ‐ 2024.

Long‐term sustainability is typically assessed based on changes in groundwater storage over a historical period of 10 and 20 years that includes wet and dry periods. In the Indio Subbasin, after an extended period of decline, the twenty ‐year running average change in storage has shown upward trends since 2009 and became positive in WY 2022 ‐2023, while the ten‐year running average has been positive since 2017. In WY 2023‐2024 th e upward trend continued as both the twenty‐year running average and ten ‐ year running average demonstrated positive gains in storage. (Figure 7-2). This indicates that groundwater levels have continued to recover from historical lows, and the basin is being sustainably managed.

While the goal of the Alternative Plan is to eliminate groundwater overdraft, not to restore the Indio Subbasin to historical conditions, it is worth noting that since 2009 the Subbasin has recovered approximately 1,051,000 AF of groundwater in storage, or about 56 percent of the cumulative depletion observed from 1970 to 2009 (1,890,000 AF). Figure 7-3 shows the cumulative change in storage since 1970. The Indio Subbasin was at its minimum storage in 2009 (with a calculated storage loss of 1,890,000 AF fro m 1970 to 2009, which represents 6 percent of the estimated storage capacity of the Indio Subbasin). Since 2009, groundwater pumping has decreased by about 20 percent, and replenishment activities have increased, leading to the observed recovery of groundw ater in storage. The recovery of groundwater storage demonstrates the progress being made through implementation of the Alternative Plan. Water levels in the Indio Subbasin have generally increased over the past 15 years ( Figure 7 -5), reflecting storage benefits from replenishment operations at all GRFs within the Indio Subbasin and from decreased pumping.

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Figure ES-2. Groundwater Balance for the Indio Subbasin – WY 2023-2024

Figure 7-4 shows the one‐ year change in average groundwater elevations from WY 2022‐ 2023 to WY 2023‐2024 for the Indio Subbasin. Groundwater levels in most of the Indio Subbasin were generally stable from WY 2022‐2023 to WY 2023‐2024. However, in the northwestern area of the Subbasin in the immediate vicinity of the WWR‐GRF, groundwater levels increased compared with WY 2022‐2023, due to increased replenishment in WY 2023‐2024. This represents continued recovery after less ‐than‐average groundwater replenishment in WWR ‐GRF in WY 2021‐2022. Water levels near the TEL ‐GRF facility decreased approximately 20 feet, due to the voluntary reduced replenishment beginning in October 2022.

There was limited managed recharge at the TEL facility in WY 2023‐2024.

Figure 7-5 shows the long‐term change in average groundwater elevations from WY 2008‐2009, a period of historical lows, to WY 2023‐2024 for the Indio Subbasin. T he long history of consistent recharge at WWR‐GRF has resulted in increased long term water levels and has helped maintain the basin in years of reduced managed recharge. Replenishment at WWR ‐GRF and PD ‐GRF continued in WY 2023‐2024 without reduction, but recharge at TEL‐GRF was significantly reduced. Groundwater levels throughout the Indio Subbasin have increased over the past 14 years.

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ES-9 DESCRIPTION OF PROGRESS
The 2022 Alternative Plan Update identified the following water management strategies to achieve water reliability and resilience:
• Fully use available Colorado River water supplies
• Support improvement of the long‐ term reliability of SWP supplies, including participation in the Delta Conveyance Facility (DCF)
• Continue developing recycled water as a reliable local water supply • Implement source substitution and replenishment for resilience in response to changing conditions and for maintenance of long‐term groundwater supply reliability • Increase water‐use efficiency across all sectors
• Participate in development of the Coachella Valley Salt and Nutrient Management Plan (CV ‐ SNMP) to address salt and nutrient management in the Indio Subbasin.

The Indio Subbasin GSAs are working collaboratively to implement the goals and programs of the 2022 Alternative Plan Updat e. A variety of projects and management actions (PMAs) are planned for implementation over the planning horizon (to 2045) to achieve sustainability in the Subbasin, summarized in Table 8-1. Thirty PMAs were identified based on priorities identified by the GSAs and stakeholders; these represent a wide variety of activities by the four GSAs. Projects are classified into four categories based on project benefits: water conservation, water supply development, source substitution and replenishment, and water quality protection.

Water conservation is a major component of overall water management in the Indio Subbasin. As a desert community reliant upon imported water supplies, the Coachella Valley has and will continue to use its water resources efficiently. The Indio Subbasin GSAs are collaborating with urban (including golf courses) and agricultural water users to increase efficiency and reduce future water demands. CVWD and DWA continue their efforts to participate in State projects to increase the reliability of imported supplies and obtain additional water supplies, as opportunities become available through SWP ‐related projects (e.g., Delta Conveyance Facility, Sites Reservoir, Lake Perris Seepage and other exchanges, entitlements, and transfers).

Source substitution and replenishment is the delivery of an alternate source of water to users that currently pump groundwater, reducing groundwater extraction and allowing the management of groundwater in storage. CVWD is working to expand direct delivery of Colorado River water for agriculture, golf courses, and homeowners’ associations. The Indio Subbasin GSAs are also working to maximize the use of recycled water and expand their non‐potable water systems (some CVWD customers receive a blend of recycled water and Canal water). The 2022 Alternative Plan Update includes non ‐ potable water expansions at multiple WRPs in order to reduce the volume of recycled water that is disposed of through onsite percolation basins or discharged to the CVSC. CVWD and DWA also intend to continue and expand groundwater replenishment operations with SWP and Canal water in the Indio Subbasin.

PMAs related to water quality that will help protect the groundwater basin for beneficial uses and users and avoid undesirable results include continued implementation of water quality programs and policies in the Subbasin, as well as implementation of the Development Workplan to update the CV ‐SNMP. The PMAs continue to provide the GSAs with important tools to achieve success and maintain sustainability.

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City Council
April 16, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: Award contract to Datumpin, Inc. in the amount of $1,515,820.00 for the Onsite Resin Regeneration Project, Project No. WT-WCR625

RECOMMENDATION:

That the City Council/IWA Board approve to award a contract to Datumpin, Inc. in the amount of $1,515,820.00 for the Chromium 6 Facility Onsite Resin Regeneration Project, Project No. WT- WCR625, and authorize an additional 10 percent as a contingency in the amount of $151,600.00 for unforeseen conditions, for a total amount of $1,667,420.00.

SUMMARY:

The onsite resin regeneration project will regenerate media at each of the existing Chromium 6 treatment include will project The 13. Plant and Well 1E, Well designated sites well AA, modifications to the existing onsite Chromium 6 resin-based treatment systems to allow for onsite regeneration of the treatment resins, removing the contaminated water created by the regeneration process, and transporting and treating the contaminated water at the Contractor’s site in accordance with all California State and Federal requirements. This will eliminate the need for replacing the resins when they have reached treatment capacity, reduce cost, and allow IWA to reuse the existing infrastructure to comply with the state’s mandate.

BACKGROUND INFORMATION:

The project is located at three different Indio Water Authority well sites designated Well 1E, Well AA, and Plant 13. The project will include modifications to the existing onsite Chromium 6 resin-based treatment the the removing resins, treatment of onsite for allow to systems regeneration process, the treating and transporting and the by created water contaminated regeneration contaminated water at the Contractor’s site in accordance with all California State and Federal requirements. Under current operations well water with Chromium 6 is passed through vessels containing resins designed to remove the Chromium 6 from the water. Once the resins have reached their treatment capacity they are removed and replaced with new resin. Instead of replacing the resins at treatment capacity the resins will be re-generated onsite. In this project the Contractor will conduct pilot testing to determine the optimum regeneration frequencies, prepare the design of the required mechanical and electrical modifications needed to accommodate their trailer mounted assistance, permitting controls equipment, regeneration regulatory programming, management of IWA retained electrical and mechanical contractors to complete the required modifications, and finally twelve months of regeneration service at Well 1E, Well AA, and Plant 13.

AGENDA ITEM #10.10
Award contract to Datumpin, Inc. in the amount of $1,515,820.00 for the ... Page 199 of 552 Staff advertised the Notice Inviting Sealed Bids in PlanetBids from February 3, 2025 to March 6, 2025 for a total of 31 calendar days. IWA received a total of 1 bid. Datumpin, Inc. submitted the single bid in the amount of $1,515,820. The Engineer’s Estimate for this project was $600,000.00 excluding the monthly service costs. Once the bid award is approved, IWA will issue a Notice to Proceed (NTP) to the Contractor. The pilot testing, design and construction of the onsite modifications, controls programming, and permit modifications, should be complete within 185 working days of IWA issuing the NTP.

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

Contractor (Construction) Base Bid …………………………………. $1,515,820.00 Contingency Change Orders (if necessary) 10% of Base Bid…….. $151,600.00 Total Project Cost $1,667,420.00

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$1,667,420 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: Fund 812 Fund-Org-Object
Reference:

Water Capital Program

ALTERNATIVES:

1. Reject all bids

2. Request additional information

ATTACHMENTS:

Attachment 1 - Contract Onsite Resin Regeneration Project WT-WCR625

APPROVAL(S):

Reymundo Trejo, P.E., IWA General Manager Approved - 01 Apr 2025 Steven Graham Pacifico, City Attorney Approved - 04 Apr 2025 Ruby D. Walla, Director of Finance Approved - 07 Apr 2025 Bryan H. Montgomery, City Manager Approved - 07 Apr 2025

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CONTRACT

INDIO WATER AUTHORITY CONTRACT FOR
ONSITE RESIN REGENERATION PROJECT WT-WCR625

THIS CONTRACT (“Contract”) is made and entered this 16th day of April, 2025 (“Effective Date”), by and between the INDIO WATER AUTHORITY, a California joint powers authority (“IWA”) and Datumpin, Inc., a Nevada corporation (“Contractor”). Contractor’s California State Contractor’s license number is 741879; Class A). Contractor’s DIR registration number is _______________.

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

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

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as ONSITE RESIN REGENERATION PROJECT (“Project”), as described in this Contract and in the Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, IWA shall pay Contractor a not to exceed amount of One million, five hundred fifteen thousand eight hundred twenty dollars ($1,515,820.00) in accordance with the prices as submitted in the Bid.

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

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

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

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

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

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

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

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

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

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

INDIO WATER AUTHORITY
By:

Glenn Miller
President

ATTEST: APPROVED AS TO FORM:

By: By:

Sabdi Sanchez, CMC Steven Graham
Director of City Clerk Services City Attorney
Dated: DATUMPIN, INC.
(“CONTRACTOR”)

By:

Phil Chandler
President

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INDIO WATER AUTHORITY CONTRACT DOCUMENTS FOR ONSITE RESIN REGENERATION PROJECT PROJECT NO. WT-WCR625 BID DATEF E B R U A R Y 2 5 , 2 0 2 5 A T 3 : 0 0 P . M .Approved by: ____________________________________ Indio Water Authority General Manager

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NOTICE INVITING BIDSFOR ONSITE RESIN REGENERATION PROJECT Project number: WT-WCR625NOTICE IS HEREBY GIVENthat the Indio Water Authority, Indio, California (“IWA”) invites Electronic Bids for the Project. The City will receive such Bids up to 3:00 PM on February 25, 2025, at which time they will be opened and released to the public. All Bids must be made on the form furnished by the City. Bids must remain valid and shall not be subject to withdrawal for sixty (60) Days after the Bid opening date. INCORPORATION OF STANDARD SPECIFICATIONS.The latest edition of “Standard Specifications for Public Works Construction” (“Standard Specifications”), as amended by the Contract Documents, is incorporated into the Contract Documents by reference. A copy of these specifications can be obtained at www.bnibooks.com. SCOPE OF WORK.The Project includes, without limitation, furnishing all necessary labor, materials, equipment, and other incidental and appurtenant Work necessary to satisfactorily complete the Project, as more specifically described in Special Provisions, Section 500 of the Technical Specifications. This Work will be performed in strict conformance with the Contract Documents, permits from regulatory agencies with jurisdiction, and applicable regulations. The quantity of Work to be performed and materials to be furnished are approximations only, being given as a basis for the comparison of Bids. Actual quantities of Work to be performed may vary at the discretion of the IWA Engineer. The project is located at three different Indio Water Authority well sites designated Well 1E, Well AA, and Well 13 as shown on Attachment A. The project will include modifications to the existing onsite Chrome 6 resin-based treatment systems to allow for onsite regeneration of the treatment resins, removing the contaminated water created by the regeneration process, and transporting and treating the contaminated water at the Contractor’s site in accordance with all California State and Federal requirements. OBTAINING BID DOCUMENTS.Contract documents may be downloaded electronically without charge, by registering as a bidder. The City has partnered with PlanetBids to announce and distribute all solicitations for engineering capital improvement projects. Only companies that are registered will be eligible to bid and/or propose on the project. A digital copy of said contract documents are available on-line at: https://pbsystem.planetbids.com/portal/32404/portal-home There are several public agencies that utilize PlanetBids, each with their own portal. Registration with PlanetBids must be made individually with each agency. Bidders must register with the City of Indio’s portal to ensure receipt of any Addenda issued by City on this Project. A free copy of the bid documents are also located to view on the City’s Website at:

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https://www.indio.org/business/request_for_proposals_(rfps)/notice_of_inviting_bids.htm REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. PREVAILING WAGES.In accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The selected Bidder (Contractor) and any Subcontractors shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages. Copies of those rates are on file with the Director of Public Works and are available to any interested party upon request. The Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring and enforcement by the DIR. BONDS.Each Bid must be accompanied by a cash deposit, cashier’s check, certified check or Bidder’s Bond issued by a Surety insurer, made payable to the IWA and in an amount not less than ten percent (10%) of the total Bid submitted. Personal or company checks are not acceptable. Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price. Before acceptance of the Project, the Contractor shall submit a warranty or maintenance Bond that is valid for one year from acceptance, in the amount of one hundred percent (100%) of the Contract Price; in lieu of that Bond, the Contractor may submit proof from the Surety that the performance Bond has been extended for the appropriate duration of time. All Bonds must be issued by a California admitted Surety insurer using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney. Failure to enter into the Contract with the IWA, including the submission of all required Bonds and insurance coverages, within fifteen (15) Days after the date of the mailing of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law. NON-MANDATORY PRE-BID MEETING AND SITE VISIT.A non-mandatory pre-bid meeting will be held on Wednesday, February 12, 2025 at 10:00 a.m. at Indio Water Authority, 83101 Avenue 45, Indio, CA 92201followed by a site visit to each of the well sites. Every Bidder may, or may not, choose to attend the pre-bid meeting and Project site visit. Failure of a Bidder to attend will not render that Bidder’s Bid non-responsive. No allowances for cost adjustments will be made if a Bidder fails to adequately examine the Project site before submitting a Bid. TRENCHES AND OPEN EXCAVATIONS.Pursuant to Labor Code Section 6707, if this Project involves the construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, each bid submitted in response hereto shall contain, as a Bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which shall conform to applicable safety orders. LICENSES.Each Bidder shall either possess a valid Class A Contractor’s license, or a Class B Contractors license, issued by the California State Contractors License Board at the time of the

Award contract to Datumpin, Inc. in the amount of $1,515,820.00 for the ... Page 205 of 552 IB-3 IWA Project: WT-WCR625 Indio Water Authority
Bid submission, or utilize Subcontractors for electrical and/or mechanical work on the Project that possess a valid Class A Contractor’s license, or a Class B Contractors license, issued by the California State Contractors License Board at the time of the Bid submission, unless this Project has any federal funding, in which case the successful Bidder or their subcontractors must possess such a license at the time of Contract award. The successful Contractor must also possess a current City of Indio business license.RETENTION SUBSTITUTION. Five percent (5%) of any progress payment will be withheld as retention. In accordance with Public Contract Code Section 22300, and at the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with the IWA or with a State or federally chartered bank as escrow agent, which shall then pay such moneys to the Contractor. Upon satisfactory completion of the Project, the securities shall be returned to the Contractor. Alternatively, the Contractor may request that the IWA make payments of earned retentions directly to an escrow agent at the Contractor’s expense. No such substitutions shall be accepted until all related documents are approved by the City Attorney.TRADE NAMES OR EQUALS. Requests to substitute an equivalent item for a brand or trade name item must be made by written request submitted no later than ten (10) Calendar Days before the Bid submission deadline. Requests received after this time shall not be considered. Requests shall clearly describe the product for which approval is requested, including all data necessary to demonstrate acceptability.LIQUIDATED DAMAGES. Liquidated damages shall accrue in the amount of $1,000 for each calendar day that Work remains incomplete beyond the Project completion deadline specified in the Contract Documents.BIDDING PROCESS. The IWA reserves the right to reject any Bid or all Bids, and to waive any irregularities or informalities in any Bid or in the bidding, as deemed to be in its best interest.By: _____________________________ ___________________________________IWA Engineer Date Indio Water Authority 2/3/2025

Award contract to Datumpin, Inc. in the amount of $1,515,820.00 for the ... Page 206 of 552 ADDENDUM NO. 3DATE ISSUED: March 3, 2025 Onsite Resin Regeneration ProjectProject No. WT-WCR625 TO ALL PLAN HOLDERS: The following clarifications, changes, additions and/or deletions are hereby made a part of Indio Water Authority’s Contract Documents for the Onsite Resin Regeneration Project No. WT-WCR625dated February 3, 2025, as fully and completely as if the same were fully set forth therein. The contract bid price shall reflect all addendum changes and each bidder shall make reference in their bid to all addenda issued on the project. ITEM No. 1–Notice Inviting Bids –Section BONDS is modified as follows:BONDS. Each Bid must be accompanied by a cash deposit, cashier’s check, certified check or Bidder’s Bond issued by a Surety insurer, made payable to the IWA and in an amount not less than ten percent (10%) of the total Bid submitted. Personal or company checks are not acceptable. Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price. Before acceptance of the Project, the Contractor shall submit a warranty or maintenance Bond that is valid for one year from acceptance, in the amount of one hundred percent (100%) of the Contract Price; in lieu of that Bond, the Contractor may submit proof from the Surety that the performance Bond has been extended for the appropriate duration of time. All Bonds must be issued by a California admitted Surety insurer using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney. Failure to enter into the Contract with the IWA, including the submission of all required Bonds and insurance coverages, within fifteen (15) Days after the date of the mailing of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law. ITEM No. 2–Notice Inviting Bids -Section BIDDER SECURITY is modified as follows: Each Bid shall be accompanied by a scanned copy of a certified or cashier’s check payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as principal and an admitted surety insurer as Surety, in an amount not less than ten percent (10%) of the amount set forth in the Bid. The City will request the apparent low bidder at the time of bid opening, to provide the original hard copy. The certified/cashier’s check or Bid Bond shall be given as a guarantee that, if selected, the Bidder will execute the Contract in conformity with the Contract Documents and will provide the evidence of insurance and furnish the specified Bonds, within fifteen (15) Days after the date of delivery of the Contract Documents to the Bidder. In case of the Bidder’s refusal or failure to do so, the City may award the Contract to the next lowest responsible bidder, and the cash, check, or Bond (as applicable) of the lowest Bidder shall be forfeited to the

Award contract to Datumpin, Inc. in the amount of $1,515,820.00 for the ... Page 207 of 552 City to the extent permitted by law. No Bid Bond will be accepted unless it conforms substantially to the form provided in these Contract Documents. ITEM No. 3 - The Onsite Regeneration Project, Checklist for Bidders is modified as shown below.The following information is required of all Bidders at the time of Bid submission: ____ Completed and Signed Bid Cover Form ____ Completed and Signed Bid Sheets ____ Completed and Signed Questionnaire ____ Completed References Form ____ Resume of General Construction Superintendent/On-Site Construction Manager ____ Completed Subcontractor Designation Form ____ Completed and Signed Industrial Safety Record Form ____ Completed, Signed and Notarized Bid Bond or Other Security Form ____ Signed Non-collusion Declaration Form ____ Completed and Signed Addenda Acknowledgement Form ____ Evidence satisfactory to the IWA indicating the capacity of the person(s) signing the Bid to bind the Bidder. ITEM No. 4 - The Onsite Regeneration Project, Bid Proposal is modified as shown below. BID PROPOSAL INDIO WATER AUTHORITY ONSITE RESIN REGENERATION PROJECT TO THE HONORABLE CHAIRPERSON AND MEMBERS OF THE BOARD OF THE INDIO WATER AUTHORITY: The undersigned, as Bidder, declares that: (1) this Bid is made without collusion with any other person and that the only persons or parties interested as principals are those named herein; (2) the undersigned has carefully examined the Contract Documents (including all Addenda) and the Project site; and (3) the undersigned has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Work to be performed, and the materials to be furnished. Furthermore, the undersigned agrees that submission of this Bid shall be conclusive evidence that such examination and investigation have been made and agrees, in the event the Contract be awarded to it, to execute the Contract with the IWA of Indio to perform the Project in accordance with the Contract Documents in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except as may otherwise be furnished or provided under the terms of the Contract Documents, for the following stated unit prices or lump-sum price as submitted on the Bid herein. The undersigned submits as part of this Bid a completed copy of its Industrial Safety Record. This Safety Record includes all construction Work undertaken in California by the undersigned and

Award contract to Datumpin, Inc. in the amount of $1,515,820.00 for the ... Page 208 of 552 any partnership, joint venture, or corporation that any principal of the undersigned participated in as a principal or owner for the last five (5) calendar years and the current calendar year before the date of Bid submittal. Separate information is being submitted for each such partnership, joint venture, or corporate or individual Bidder. The undersigned may attach any additional information or explanation of data that it would like to be taken into consideration in evaluating the Safety Record. An explanation of the circumstances surrounding any and all fatalities is attached. Accompanying this Bid is cash, a cashier’s check, a certified check, or a Bid Bond in an amount equal to at least ten percent (10%) of the total aggregate Bid price based on the quantities shown and the unit prices quoted. The undersigned further agrees that, should it be awarded the Contract and thereafter fail or refuse to execute the Contract and provide the required evidence of insurance and Bonds within fifteen (15) Days after delivery of the Contract to the undersigned, then the cash, check or Bid Bond shall be forfeited to the IWA to the extent permitted by law.The undersigned certifies to have a minimum of three (3) consecutive years of current experience in the type of Work related to the Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor’s License Number ____________, Class _____, which expires on… ITEM No. 4 - The Onsite Regeneration Project, Bid Bond PG B-17 Delete the entire page. Bid bonds will not be required. ITEM No. 5 – BID OPENING DATE Bid opening date on all Bid Documents to be updated from March 4, 2025, at 3:00 P.M. to a new bid opening date of March 6, 2025, at 3:00 P.M. Bidders shall acknowledge receipt of this Addendum No.3 by completing and signing the Addendum Acknowledgement form when submitting their bid. END OF ADDENDUM NO. 3

Award contract to Datumpin, Inc. in the amount of $1,515,820.00 for the ... Page 209 of 552 ADDENDUM NO. 2DATE ISSUED: February 27, 2025Onsite Resin Regeneration ProjectProject No. WT-WCR625 TO ALL PLAN HOLDERS: The following clarifications, changes, additions and/or deletions are hereby made a part of Indio Water Authority’s Contract Documents for the Onsite Resin Regeneration Project No. WT-WCR625dated February 3, 2025, as fully and completely as if the same were fully set forth therein. The contract bid price shall reflect all addendum changes and each bidder shall make reference in their bid to all addenda issued on the project. ITEM No. 1–Notice Inviting Bids –Section BONDS is modified as follows:BONDS. Each Bid must be accompanied by a cash deposit, cashier’s check, certified check or Bidder’s Bond issued by a Surety insurer, made payable to the IWA and in an amount not less than ten percent (10%) of the total Bid submitted. Personal or company checks are not acceptable. Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price. Before acceptance of the Project, the Contractor shall submit a warranty or maintenance Bond that is valid for one year from acceptance, in the amount of one hundred percent (100%) of the Contract Price; in lieu of that Bond, the Contractor may submit proof from the Surety that the performance Bond has been extended for the appropriate duration of time. All Bonds must be issued by a California admitted Surety insurer using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney. Failure to enter into the Contract with the IWA, including the submission of all required Bonds and insurance coverages, within fifteen (15) Days after the date of the mailing of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law. ITEM No. 2–Notice Inviting Bids -Section INSURANCE BONDS is modified as follows: INSURANCE AND BONDS. The Contractor shall not begin Work until it has given the IWA evidence of all required insurance coverage (including all additional insured endorsements), a Bond guaranteeing the Contractor’s faithful performance of the Contract, and a Bond securing the payment of claims for labor and materials. ITEM No. 3 - The Onsite Regeneration Project, Contract checklist is modified as shown below. ONSITE RESIN REGENERATION PROJECT

Award contract to Datumpin, Inc. in the amount of $1,515,820.00 for the ... Page 210 of 552 CONTRACT CHECKLIST FOR EXECUTION OF CONTRACT TO BE SUBMITTED BY SUCCESSFUL BIDDER: ____ Two (2) executed and notarized copies of the Contract_____Evidence satisfactory to the IWA indicating the capacity of the person(s) signing the Contract to bind the Contractor. _____Payment Bond in amount of the Contract ____ Performance Bond in amount of the Contract ____ Workers’ Compensation Certificate____ Liability insurance certificate in the amounts specified in Section 5-4.2 of the General Provisions, naming the IWA, et al., as additional insureds. ____ Automobile insurance certificate in the amount specified in Section 5-4.4 of the General Provisions, naming the IWA, et al., as additional insureds. ____ Copy of City of Indio business license ____ Additional insured endorsement – comprehensive general liability ____ Additional insured endorsement – automobile liability ____ Additional insured endorsement – excess liability ITEM No. 4 - Delete, PAYMENT BOND (LABOR AND MATERIALS), Pages C-5 through C-7 ITEM No. 5 - Delete, PERFORMANCE BOND, Pages C-8 and C-9ITEM No. 6 - Modify General Provisions, Section 1-7.1 as follows: 1-7.1 Award and Execution of the Contract Within ten (10) calendar days after the date of the Notice of Award, the Contractor shall execute and return the following Contract Documents to the IWA: Payment Bond Performance Bond Worker’s Compensation Insurance Certificate Liability, Automobile, and General Aggregate Insurance Certificates Business License Additional Insured Endorsements The Contract Agreement, Payment Bond and Performance Bond must also be duly notarized in accordance with state law. Failure to comply with the above will result in annulment of the award and forfeiture of the Proposal Guarantee at the sole discretion of IWA. The Contract Agreement shall not be considered binding upon the IWA until executed by the authorized IWA officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the IWA, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the Contract and bonds for the corporation have the authority to do so. ITEM No. 7 -Modify General Provisions, delete Section 1-7.1 as follows: 1-7.2 Contract Bonds

Award contract to Datumpin, Inc. in the amount of $1,515,820.00 for the ... Page 211 of 552 The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion and the end of all warranty periods set forth in the Contract Documents. The Material and Labor Bond shall remain in force until expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and until the expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its ITEM No. 8 - Modify General Provisions, delete Section 1-7.1 as follows:3-13.2 Acceptance The Project will not be considered complete and ready for IWA Board of Water Commissioners direction to staff regarding recordation of the Notice of Completion until all required Work is -8 of the Standard Specifications, the General Provisions, and the Special Provisions, and all of the following items have been received by the Engineer: 1. A form of Notice of Completion, with all information required by the California Civil Code; 2. All written guarantees and warranties; 3. Evidence that the Performance Bond has been extended and will remain in effect for the period specified in Section 1-7.2 of the Standard Specifications, as modified by these General Provisions. 4. All “as-builts;” 5. Duplicate copies of all operating instructions and manufacturer’s operating catalogs and data, together with such field instructions as necessary to fully instruct IWA personnel in correct operation and maintenance procedures for all equipment installed listed under the electrical, air conditioning, heating, ventilating and other trades. This data and instructions shall be furnished for all equipment requiring periodic adjustments, maintenance, or other operation procedures. 6. All contract work, including punch list items. ITEM No. 9 – Response to Q&A No.1 - Would Indio Water Authority consider an alternative to Bonding Surety? IWA Response: No payment and performance bond required. Bidders shall acknowledge receipt of this Addendum No.2 by completing and signing the Addendum Acknowledgement form when submitting their bid. END OF ADDENDUM NO. 2

Award contract to Datumpin, Inc. in the amount of $1,515,820.00 for the ... Page 212 of 552 ADDENDUM NO. 1DATE ISSUED: February 25, 2025Onsite Resin Regeneration ProjectProject No. WT-WCR625 TO ALL PLAN HOLDERS: The following clarifications, changes, additions and/or deletions are hereby made a part of Indio Water Authority’s Contract Documents for the Onsite Resin Regeneration Project No. WT-WCR625dated February 3, 2025, as fully and completely as if the same were fully set forth therein. The contract bid price shall reflect all addendum changes and each bidder shall make reference in their bid to all addenda issued on the project. ITEM No. 1 – BID OPENING DATE Bid opening date on all Bid Documents to be updated from February 25, 2025, at 3:00 P.M. to a new bid opening date of March 4, 2025, at 3:00 P.M. Bidders shall acknowledge receipt of this Addendum No.1 by completing and signing the Addendum Acknowledgement form when submitting their bid. END OF ADDENDUM NO. 1

Award contract to Datumpin, Inc. in the amount of $1,515,820.00 for the ... Page 213 of 552 B-2IWA Project: WT-WCR625 Indio Water Authority
BID PROPOSALINDIO WATER AUTHORITYONSITE RESIN REGENERATION PROJECTTO THE HONORABLE CHAIRPERSON AND MEMBERS OF THE BOARD OF THE INDIOWATER AUTHORITY:The undersigned, as Bidder, declares that: (1) this Bid is made without collusion with any other person and that the only persons or parties interested as principals are those named herein; (2) the undersigned has carefully examined the Contract Documents (including all Addenda) and the Project site; and (3) the undersigned has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Work to be performed, and the materials to be furnished. Furthermore, the undersigned agrees that submission of this Bid shall be conclusive evidence that such examination and investigation have been made and agrees, in the event the Contract be awarded to it, to execute the Contract with the IWA of Indio to perform the Project in accordance with the Contract Documents in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except as may otherwise be furnished or provided under the terms of the Contract Documents, for the following stated unit prices or lump-sum price as submitted on the Bid herein.The undersigned submits as part of this Bid a completed copy of its Industrial Safety Record. This Safety Record includes all construction Work undertaken in California by the undersigned and any partnership, joint venture, or corporation that any principal of the undersigned participated in as a principal or owner for the last five (5) calendar years and the current calendar year before the date of Bid submittal. Separate information is being submitted for each such partnership, joint venture, or corporate or individual Bidder. The undersigned may attach any additional information or explanation of data that it would like to be taken into consideration in evaluating the Safety Record. An explanation of the circumstances surrounding any and all fatalities is attached.Accompanying this Bid is cash, a cashier’s check, a certified check, or a Bid Bond in an amount equal to at least ten percent (10%) of the total aggregate Bid price based on the quantities shown and the unit prices quoted. The undersigned further agrees that, should it be awarded the Contract and thereafter fail or refuse to execute the Contract and provide the required evidence of insurance and Bonds within fifteen (15) Days after delivery of the Contract to the undersigned, then the cash, check or Bid Bond shall be forfeited to the IWA to the extent permitted by law.The undersigned certifies to have a minimum of three (3) consecutive years of current experience in the type of Work related to the Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor’s License Number ____________, Class _____, which expires on _______________________. Bidder’s Name: ___________________________________________________Signature: ___________________________Title_____________ Date: __________________Signature: ___________________________Title_____________ Date: __________________ Phil Chandler, datumpin incPresident6th March 2025Please note Subcontractor selection below to meet this requirement

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INDIO WATER AUTHORITYBID SHEETS FOR ONSITE RESIN REGENERATION PROJECT Bidder’s Name: ____________________________________________________________ To the Honorable Chairperson and Members of the IWA Board: In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment, and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the IWA Engineer, at the following prices: BASE AMOUNT: ITEM NO. DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICES EXTENDED AMOUNT 1. Complete Pilot Testing at Wel 1E, Well AA, and Well 13, per Special Provisions.LS 1 $ $ 2. Develop modification plan for Well 1E, Well AA, and Well 13, including all mechanical, electricals and piping plans with any required engineering details, control system modifications, and full bidding package, to allow for onsite resin regeneration at each well site. LS 1 $ $ 3. Prepare Operations Plan, Standard Operating Procedures and Risk Assessment, and Operating Permit modifications for all three well sites. Including modifications required by DDW for approved of the permit amendment after DDW review. LS 1 $ $ 4. Project Management – provide project management for IWA contracted electrical and piping contractors. LS 1 $ $ 5. Provide control system PLC and HMI programming services to convert regeneration to roll up regeneration and have LS 1 $ $ datumpin inc180,000.00163,000.0030% Bid Design Package$ 200,000.0020,000.0060,000.00161,000.00

Award contract to Datumpin, Inc. in the amount of $1,515,820.00 for the ... Page 215 of 552 B-4IWA Project: WT-WCR625 Indio Water Authority
ITEM NO. DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICES EXTENDED AMOUNT column loading regeneration trigger logic change that each container of 4 columns is staggered to maintain a setpoint BV differential.6. Provide demonstration of regeneration system, instructions and operating manuals, and provide training for IWA staff. LS 1 $ $ 7. Provide monthly onsite regeneration of Chrome 6 treatment resin at Well 1E, for 12 months. LS 1 $ $ 8. Provide monthly onsite regeneration of Chrome 6 treatment resin at Well AA for 12 months.LS 1 $ $ 9. Provide monthly onsite regeneration of Chrome 6 treatment resin at Well 13 for 12 months. LS 1 $ $ TOTAL BID $_____________ Note: Items may be adjusted or deleted. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The IWA reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses. When the estimated quantity for a specific portion of the work is designated on the plans or in the Bid Schedule as a final pay quantity (designated "F"), the original Engineer's estimated quantity at the time of bid submission shall be the final quantity for which payments for the specific portion of the work will be made, unless the dimensions of the portion of the work shown on the plans are revised by the IWA, or unless the portion of the work is eliminated. If the dimensions of the specific portion of the work are revised, and the revisions result in an increase or decrease in the estimated quantity of the portion of the work, the final quantity for payment will be revised in the amount represented by the changes in the dimensions. If the specific portion of the work is eliminated, the final pay quantity designated for the specific portion of the work will be eliminated. In the event that the quantity of a final pay item shown on the Bid Schedule differs from a quantity that can be 239940.00239,940.00239940.0012,000.001,515,820.00

Award contract to Datumpin, Inc. in the amount of $1,515,820.00 for the ... Page 216 of 552 B-5 IWA Project: WT-WCR625 Indio Water Authority
calculated from dimensions or lines shown on the Plans, the quantity shown on the Bid Schedule and Prices shall govern.When the estimated quantity for a specific portion of the work is designated on the plans or in the Bid Schedule as a partial pay quantity (designated "P"), the IWA may withhold a sufficient number of units to cover the value of the incomplete incidental work. The withheld amount will be based on a force account analysis of the remaining incidental work.TOTAL BID PRICE = BASE AMOUNT (+) ALL ADDITIVE ITEMS, MINUS (-) ALL DEDUCTIVE ITEMS TOTAL BID PRICE IN DIGITS: $____________________TOTAL BID PRICE IN WORDS: _________________________________________________Signature: __________________________________ Title: ___________ Date: ______Signature: __________________________________ Title: ___________ Date: ______ President6th March 20251,515,820.00One million, five hundred fifteen thousand eight hundred twenty dollars

Award contract to Datumpin, Inc. in the amount of $1,515,820.00 for the ... Page 217 of 552 City of Indio
City Council
April 16, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: DRP with Agreement Services Professional 4 to No. Amendment the Engineering, Inc. for the additional amount of $1,500,000.00 to design three Chromium 6 treatment facilities and support grant funding.

RECOMMENDATION:

That the City Council/IWA Board approve Amendment No. 4 to the existing Professional Services Agreement with DRP Engineering, Inc., to increase the compensation for a not-to-exceed amount of $2,510,000.00 for professional engineering design, construction support, and technical support services to implement the approved Chromium 6 Program.

SUMMARY:

The Division of Drinking Water has adopted a Chromium 6 maximum contaminant level that requires a high degree of analysis by experienced industry technical experts for compliance in a very short timeline, by October 2026. To meet this timeline, and have shovel ready design for Grant funding, IWA staff recommends approval of the proposed amendment in the amount of $1,500,000 for a total not-to-exceed amount of $2,510,000 to design three well-head treatment facilities for Chromium 6, to meet IWA’s regulatory obligations. On May 19, 2021, the Council approved an agreement with DRP Engineering, Inc., to provide professional engineering design, construction support, and technical support services to implement the approved Capital Improvement Program and Chromium 6 Program. The Indio Water Authority selected DRP Engineering, Inc., via competitive Request for Proposal (RFP) process. Over the last few years, DRP Engineering has developed a keen understanding of IWA’s Chromium 6 challenges. Their proposed team members have completed over 40 treatment facilities across the nation, with several in Southern California.

BACKGROUND INFORMATION:

The Division of Drinking Water has adopted a Chromium 6 maximum contaminant level that requires a high degree of analysis by experienced industry technical experts for compliance in a very short timeline, by October 2026. IWA requires a strong technical team ready to serve and move ahead with a fast-track design effort. IWA’s strategy also requires grant writing support to place shovel ready design projects on the priority list for Proposition 4 grant funding. To meet this timeline, and have shovel ready design for grant funding, IWA staff recommends approval of the proposed amendment in the amount of $1,500,000 for a total not-to-exceed amount of $2,510,000 to design three well-head treatment facilities for Chromium 6, to meet IWA’s regulatory obligations.

On April 12, 2021, IWA issued a request for proposals to provide professional construction management support services for water distribution facilities. DRP Engineering, Inc. was rated as AGENDA ITEM #10.11
Amendment No. 4 to the Professional Services Agreement with DRP Engineer... Page 218 of 552 the most qualified firm by members of the committee consisting of IWA, Coachella Valley Water District, and Desert Recreation experts. Council approved a professional service agreement on May 19, 2021.

On September 21, 2022 Authority and Consultant amended the Agreement with Amendment No. 1 to include professional construction engineering services, new treatment facility constructability reviews, and construction management support service to implement the approved Capital Improvement Program and Chromium 6 Program and increase the compensation for an additional $150,000 for a total Not to Exceed amount of $230,000.

On October 4, 2023 Authority and Consultant amended the Agreement with Amendment No. 2 to increase the compensation by an additional $180,000 for a total Not to Exceed Amount to $410,000 and amended Exhibit B of the Agreement to include a rate and classification rate schedule for services performed on or after October 4, 2023.

On August 21, 2024 Authority and Consultant amended the Agreement with Amendment No. 3 to increase the compensation by an additional $600,000 for a total Not to Exceed Amount to $1,010,000 to provide design of multiple critical pipeline projects.

Over the last few years, DRP Engineering has developed a keen understanding of IWA’s Chromium 6 challenges. Their team has completed over 40 treatment facilities across the nation, and several in Southern California. Due to the timely and effective support services rendered by this firm, staff recommends approval of the proposed Amendment No. 4 to provide professional engineering services to continue supporting IWA staff with the timely and effective implementation of the Chromium 6 design at multiple production facilities.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$1,488,988.00 In current year budget: Yes
Current FY General
Fund Impact:

N/A Budget adjustment: No
Next FY Financial
Impact:
$1,488,988.00 Strategic Objective: Community Infrastructure Source of funds: Water Capital Program Fund-Org-Object Reference:
812-554002

Additional Financial Details:

The funding for this amendment is partially allocated in the current 2024-2025 Fiscal Year, with the remaining budget to be included in the 2025-2026 Fiscal Year Budget under the Water Capital Program, Account Number 812-554002.

ATTACHMENTS:

Attachment 1 - Amendment No. 4 to PSA DRP Engineering Inc

APPROVAL(S):

Reymundo Trejo, P.E., IWA General Manager Approved - 01 Apr 2025

Amendment No. 4 to the Professional Services Agreement with DRP Engineer... Page 219 of 552 Steven Graham Pacifico, City Attorney Approved - 04 Apr 2025 Ruby D. Walla, Director of Finance Approved - 09 Apr 2025 Bryan H. Montgomery, City Manager Approved - 09 Apr 2025

Amendment No. 4 to the Professional Services Agreement with DRP Engineer... Page 220 of 552

00091753.1

AMENDMENT NO. 4 TO

AGREEMENT

BY AND BETWEEN

THE INDIO WATER AUTHORITY,

A JOINT POWERS AUTHORITY

AND

DRP ENGINEERING, INC

A CALIFORNIA INCORPORATED COMPANY

DATED: APRIL 16, 2025

Form Approved 2/17/2023

Docusign Envelope ID: C3FC881C-11C2-4AA8-BDC3-308F8630A75E

Amendment No. 4 to the Professional Services Agreement with DRP Engineer... Page 221 of 552

00091753.1 Page | 1

AMENDMENT NO. 4 TO AGREEMENT

This Amendment No. 4 to the Agreement for Professional Services for consulting services providing technical support during the construction of the Miles Avenue Pipeline Project is made and entered into as of this 16th day of April , 2025, by and between the Indio Water Authority (“Authority”), a joint powers authority and DRP Engineering Inc., a California incorporated company (“Consultant”). Authority and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. Authority and Consultant entered into an agreement entitled Agreement for Professional Services dated May 19, 2021 (“Agreement”) for the purpose of retaining services of Consultant to provide technical support during the construction of the Miles Avenue Pipeline Project .

B. On September 21, 2022 Authority and Consultant amended the Agreement with Amendment No. 1 to include professional construction engineering services, new treatment facility constructability reviews, and construction management support service to implement the approved Capital Improvement Program and Chromium 6 Program and increase the compensation for an additional $150,000 for a total Not to Exceed amount of $230,000.

C. On October 4, 2023 Authority and Consultant amended the Agreement with Amendment No. 2 to increase the compensation by an additional $180,000 for a total Not to Exceed Amount to $410,000 and amended Exhibit B of the Agreement to include a rate and classification rate schedule for services performed on or after October 4, 2023.

D. On August 21, 2024 Authority and Consultant amended the Agreement with Amendment No. 3 to increase the compensation by an additional $600,000 for a total Not to Exceed Amount to $1,010,000.

E. Pursuant to Section 20 of the Agreement, the Parties desire to amend the Agreement to increase the not-to-exceed compensation amount.

F. This Amendment amends Section 4(a) of the Agreement to increase the compensation by an additional $1,500,000 for a total Not to Exceed Amount to $2,510,000.

Docusign Envelope ID: C3FC881C-11C2-4AA8-BDC3-308F8630A75E

Amendment No. 4 to the Professional Services Agreement with DRP Engineer... Page 222 of 552

00091753.1 Page | 2

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 [COMPENSATION]. Section 4(a) of the Agreement is hereby amended to increase the Not to Exceed Amount to $2,510,000.

2. MANDATORY INVOICE INFORMATION/NOTICES.

Consultant shall notify the Authority 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 Authority with a revised estimate of the total cost of performing this Agreement.

On invoices submitted to the Authority, 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 3 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 Authority 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]

Docusign Envelope ID: C3FC881C-11C2-4AA8-BDC3-308F8630A75E

Amendment No. 4 to the Professional Services Agreement with DRP Engineer... Page 223 of 552

00091753.1 Page | 3

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

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

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

AUTHORITY GENERAL COUNSEL
By: ____________________________
Steven Graham Pacifico

CONSULTANT
DRP ENGINEERING, INC.

By:

Curt Roth, P.E.

Vice President

Docusign Envelope ID: C3FC881C-11C2-4AA8-BDC3-308F8630A75E

Amendment No. 4 to the Professional Services Agreement with DRP Engineer... Page 224 of 552 City of Indio
City Council
April 16, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Brian Halvorson, Dir. Of Community Development Subject: Approve Resolution No. 10487 for City application to the HOME Investment Partnership Program

RECOMMENDATION:

Owner-Occupied the of submission the approve Council City the that recommends Staff Rehabilitation Program application under the HOME Investment Partnerships Program to the California Department of Housing and Community Development.

SUMMARY:

City staff requests approval from the City Council to submit an application for funding under the HOME Investment Partnerships (HOME) program through the California Department of Housing and Community Development (HCD). The HOME Program is a federal initiative administered by the state to fund affordable housing development, rehabilitation, and homebuyer assistance for low- income households. The City is considered a "non-entitlement jurisdiction," meaning it does not receive HOME funding directly from HUD and, therefore, can apply to HCD for funding on an annual basis. The City's application is for the Owner Occupied Rehabilitation component of the program, with a request of $500,000 for program activities. The City's participation in this program will support its ongoing efforts to address the City's aging housing stock while also assisting low-income homeowners, particularly seniors, with the necessary home repairs and rehabilitation to improve their homes' safety, health, and livability.

BACKGROUND INFORMATION:

Generally, HOME funds must be matched by nonfederal resources. However, HOME match requirements are waived for applications under the HOME NOFA, however, the Department continues to track all match funds in project activities and program activities. The Owner-Occupied Rehabilitation Program provides funding to support home repairs and upgrades for low-income homeowners, particularly seniors. The goal of the program is to address housing conditions that may pose a risk to health, safety, or well-being, including:

 Structural Repairs (e.g., roof)
 Weatherization improvements
 Accessibility modifications for seniors and persons with disabilities

If the application is approved and funding is awarded, the grant will be used for the following activities:

AGENDA ITEM #10.12
Resolution No. 10487, for City application to the HOME Investment Partne... Page 225 of 552  Eligibility Screening and Program Outreach: Identify and engage low-income homeowners in need of rehabilitation assistance.
 Home Inspections and Assessments: Conduct inspections to determine necessary repairs and assess structural, mechanical, and aesthetic needs.  Rehabilitation and Repairs: Provide grants or low-interest loans to eligible homeowners for critical repairs, such as roof replacement, plumbing, electrical, or accessibility modifications.

The rehabilitation work will be targeted at 10 homes, benefiting low-income homeowners within the city limits.

The grant application has a deadline of May 22, 2025, and the City is requesting a maximum of $500,000 to be used for the Owner-Occupied Rehabilitation program activity. The application requires City Council approval to move forward with the submission. Upon approval, staff will finalize the application and submit it's application to HCD before the deadline of May 22, 2025.

ATTACHMENTS:

Attachment 1- HOME Reso No. 10487

APPROVAL(S):

Brian Halvorson, Dir. Of Community Development Approved - 07 Apr 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 08 Apr 2025 Ruby D. Walla, Director of Finance Approved - 09 Apr 2025 Bryan H. Montgomery, City Manager Approved - 09 Apr 2025

Resolution No. 10487, for City application to the HOME Investment Partne... Page 226 of 552 RESOLUTION NO. 10487

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO

APPROVING SUBMITTAL OF AN APPLICATION TO THE

CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT
PARTNERSHIPS PROGRAM (HOME); AND IF SELECTED THE

EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS

THERETO, AND OF ANY RELATED DOCUMENTS NECESSARY TO
PARTICIATE IN THE HOME PROGRAM.

WHEREAS, The California Department of Housing and Community Development (the “Department”) is authorized to allocate HOME Investment Partnerships Program (“HOME”) funds made available from the U.S. Department of Housing and Urban Development (“HUD”). HOME funds are to be used for the purposes set forth in Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, in federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, part 92, and in Title 24 of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulations commencing 8200.

WHEREAS, On January 24, 2025, the Department issued a Notice of Funding Availability announcing the availability of funds under the HOME program (the “NOFA”).

WHEREAS, In response to the NOFA, the City of Indio, a municipal corporation, subdivision of the State of California, (the “Applicant”), wishes to apply to the Department for, and receive an allocation of, HOME funds.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of Indio, as follows:

Section 1. In response to the above-referenced HOME NOFA, the Applicant shall submit an Application to the Department to participate in the HOME program and for an allocation of funds not to exceed $500,000 Dollars for the following activities and/or programs.

Owner-Occupied Rehabilitation program for low-income households, in particular seniors. Proposed activities will be citywide.

Section 2. If the Application for funding is approved, then the Applicant hereby agrees to use the HOME funds for eligible activities in the manner presented in its Application as approved by the Department in accordance with the statutes and regulations cited above. The Applicant will execute a Standard Agreement with the Department, any amendments thereto, and any and all other documents or instruments necessary or required by the Department or HUD for participation in the HOME program.

Resolution No. 10487, for City application to the HOME Investment Partne... Page 227 of 552 Section 3. The Applicant hereby authorizes and directs Mayor to execute, in the name of the Applicant, the HOME Standard Agreement, other HOME-related contracts and conveyances, and any subsequent amendments thereto.

Section 4. The Applicant hereby authorizes City Manager, or their designee, to execute, in the name of the Applicant, drawdown requests and any other HOME Program form requiring a signature, as may be required by the Department from time to time.

PASSED, APPROVED AND ADOPTED this 16th day of April 2025.

__________________________

GLENN MILLER
MAYOR
ATTEST:
_________________________________

SABDI SANCHEZ, MMC

DIRECTOR OF CITY CLERK SERVICES

Resolution No. 10487, for City application to the HOME Investment Partne... Page 228 of 552 City of Indio
City Council
April 16, 2025

STAFF REPORT

To: City Council
From: Bryan Montgomery, Executive Director
Prepared by: Miguel Ramirez-Cornejo, Dir. of Economic Development Subject: Recognize Revenue and Approve Budget Adjustment for Community Services-Special Events Budget Line

RECOMMENDATION:

Staff recommends that the City Council: (1) Recognize revenue in the amount of $49,783.62 currently from (101-407210), fund Revenue received the the in deposited Miscellaneous sponsorships and ticket sales related to recent City-hosted events; and (2) Approve a budget adjustment to increase the FY24/25 Community Services – Special Events budget line (1011167- 521079) by the same amount to offset unforeseen costs associated with upcoming City-hosted events.

SUMMARY:
budget corresponding a and events sponsorships of from revenue Recognize City-hosted adjustment will allow the City to reinvest these funds into upcoming community events. This action ensures continued support for high-quality, engaging public experiences without impacting the General Fund.

BACKGROUND INFORMATION:

On October 1, 2024, the City of Indio held its annual 2024 State of the City event. Through a combination of Eventbrite transactions and checks delivered directly to City Hall, staff collected $39,249.10 in revenue from ticket sales and sponsorships. These amounts have since been deposited into the City’s Miscellaneous Revenue.

On November 11, 2024, the City of Indio hosted its first annual Veteran’s 5K Run. The event ticket sales was managed through RunSignUp, which generated $10,534.52 in registration revenue that has since been deposited into the City’s Miscellaneous Revenue.

Together, these two events brought in a combined total of $49,783.62 in unanticipated revenue.

These funds were not previously included in the adopted FY24/25 Community Services – Special Events budget line (1011167-521079).

As the City prepares for additional community events throughout the remainder of the FY24/25, evolving logistical needs and enhanced programming have led to unforeseen expenses. In order to continue producing high-quality community events, staff is requesting a corresponding increase in the events budget to match the revenue received from previous FY24/25 city events.

AGENDA ITEM #10.13
Recognize Revenue and Approve Budget Adjustment for Community Services-S... Page 229 of 552 FINANCIAL SUMMARY:

Current FY Financial
Impact:
$49,783.62 In current year budget: No
Current FY General
Fund Impact:
$49,783.62 Budget adjustment: Yes
Next FY Financial
Impact:
$0 Strategic Objective: Downtown & Hwy 111
Revitalization
Source of funds: 101-407210 Fund-Org-Object
Reference:
1011167-521079

Additional Financial Details:

The proposed action will have no net impact on the General Fund, as the increased appropriations are fully offset by the recognition of corresponding revenue.

APPROVAL(S):

Miguel Ramirez-Cornejo, Dir. of Economic Development Approved - 07 Apr 2025 Steven Graham Pacifico, City Attorney Approved - 07 Apr 2025 Ruby D. Walla, Director of Finance Approved - 08 Apr 2025 Bryan H. Montgomery, City Manager Approved - 08 Apr 2025

Recognize Revenue and Approve Budget Adjustment for Community Services-S... Page 230 of 552 City of Indio
City Council
April 16, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Ruby D. Walla, Director of Finance
Subject: Receive and File Responses to Legislative Subpoenas for Certain Records Related to Transient Occupancy Taxes

RECOMMENDATION:

1.) Allow individuals to submit documents in response to the issued legislative subpoenas and provide comments on the submissions. 2.) Receive and file the documents submitted in accordance with Transient to related records for 10466, authorizing No. Resolution Adopted subpoenas Occupancy Taxes.

SUMMARY:

The City of Indio has had limited enforcement of its Transient Occupancy Tax (TOT), which requires hotel operators to collect and remit the tax to the city. In January 2024, the City contracted with Avenu Insights & Analytics, LLC to audit TOT for the years 2021-2023. By June 30, 2024, 13 audits were completed, 10 were in-progress, and 11 operators were non-responsive. To address non- compliance, the City Council authorized the issuance of subpoenas for specific documents related to the audits on September 18, 2024. Hotels were ordered to provide relevant records by January 15, 2025, with an extension granted until April 16, 2025.

BACKGROUND INFORMATION:

To date, the City of Indio has had limited enforcement of its Transient Occupancy Tax as established by Section 37 (Transient Occupancy Tax Ordinance) of Chapter 34 (Taxation) of the Indio Municipal Code.

California Revenue and Taxation Code Section 7280 authorizes the City of Indio to levy a transient occupancy tax (TOT) on the short-term privilege of occupying a room in a hotel, inn, motel, or other lodging within the City limits. The Transient Occupancy Tax Ordinance requires hotel operators to collect the TOT and remit the proceeds to the City tax administrator.

On January 15, 2024, the City entered into an agreement with Avenu Insights & Analytics, LLC for TOT Auditing Services for calendar years 2021, 2022, and 2023. A total of 34 hotel operators were identified for this engagement with a projected completion date of June 30, 2024 ("Hotels"). As of June 30, 2024, 13 audits had been completed, 10 were in-process, and 11 operators were non- responsive.

AGENDA ITEM #11.1
Receive and File Responses to Legislative Subpoenas for Certain Records ... Page 231 of 552 California Government Code Section 37104 authorizes the City Council to issue legislative subpoenas "requiring the attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before it."

On September 18, 2024, due to non-responsive operators, the City Council approved Resolution No. 10466, authorizing the issuance of subpoenas for certain records related to TOTs.

On or about December 6, 2024, the City issued subpoenas to the Hotels and ordered them to provide specific documents evidencing occupancy, financial, and tax records. The subpoenaed documents are essential to the City's Audit of the TOT. The subpoenaed items are necessary to determine the amount the tax liability for the collection and payment to the City. The subpoenas further ordered compliance by January 15, 2025. However, the City since granted an extension to April 16, 2025.

Staff recommends that the City Council receive and file the documents submitted in accordance with Adopted Resolution No. 10466, which authorizes the issuance of subpoenas for specific records related to TOTs.

APPROVAL(S):

Ruby D. Walla, Director of Finance Approved - 08 Apr 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 09 Apr 2025 Bryan H. Montgomery, City Manager Approved - 09 Apr 2025

Receive and File Responses to Legislative Subpoenas for Certain Records ... Page 232 of 552 City of Indio
City Council
April 16, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Brian Halvorson, Dir. Of Community Development Subject: Public Hearing pursuant to the Tax Equity Financial Responsibility Act ("TEFRA") and adoption of a resolution authorizing issuance of tax-exempt revenue bonds by the California Municipal Finance Authority (CMFA) for development of the Arroyo Crossings apartments project located at 47555 Jefferson Street, Indio, California.

RECOMMENDATION:

Conduct a public hearing and adopt Resolution No. 10488 approving the issuance of Bonds by the CMFA for the benefit of Indio Pacific Associates, a California Limited Partnership, a partnership of which the Pacific West Companies, Inc. is to provide for the financing of the project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500.

SUMMARY:

A TEFRA hearing was already held and a resolution approved for this project on 9/15/2021. The project has now completed construction and is about to convert from construction financing to permanent financing. However, there is a need to increase the permanent bond amount. This simply means less of the originally issued bonds will be paid down when the financing converts to the permanent financing, thus leaving a higher amount of bonds than originally anticipated outstanding during the permanent phase. This adjustment triggers a technical re-issuance of the bonds.

Because it has been more than three years since the original TEFRA, a new TEFRA hearing is required for this technical re-issuance. The Borrower requested that the CMFA serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $42,000,000 of tax- exempt revenue bonds. The proceeds of the Bonds will be used to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 47555 Jefferson Street, Indio, California. In order for all or a portion of the Bonds to qualify as tax- exempt bonds, the City of Indio must conduct a public hearing (the “TEFRA Hearing”) providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project.

BACKGROUND INFORMATION:

The CMFA was created on January 1, 2004 pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic AGENDA ITEM #12.1
Resolution No. 10488 - Public Hearing pursuant to the Tax Equity Financi... Page 233 of 552 development and charitable activities throughout California. To date, over 350 municipalities, including the City of Indio, have become members of CMFA.

The CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings.

The Board of Directors of the California Foundation for Stronger Communities, a California non- profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA.

Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Indio, the City received $14,833 as part of the CMFA’s sharing of issuance fee when the financing closed back on 10/20/2021.

The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.

FINANCIAL ANALYSIS:

There is no financial impact on the City. Even though the City is a member of CMFA, the City will not be a party to the financing documents relating to the Bonds. The Bonds will not represent or constitute any debt or obligation to the City. The payment of the Bonds will be solely the responsibility of the Borrower. At this time, no City funds are being sought by the Borrower and the Developer for the financing of any portion of the Project

ATTACHMENTS:

Attachment 1- Reso 10488 TEFRA Arroyo Crossing

APPROVAL(S):

Brian Halvorson, Dir. Of Community Development Approved - 08 Apr 2025 Steven Graham Pacifico, City Attorney Approved - 11 Apr 2025 Ruby D. Walla, Director of Finance Approved - 11 Apr 2025 Bryan H. Montgomery, City Manager Approved - 11 Apr 2025

Resolution No. 10488 - Public Hearing pursuant to the Tax Equity Financi... Page 234 of 552 RESOLUTION NO. 10488

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO

APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL

FINANCE AUTHORITY EXEMPT FACILITY BONDS IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $42,000,000

FOR THE PURPOSE OF FINANCING OR REFINANCING THE

ACQUISITION, CONSTRUCTION, IMPROVEMENT AND

EQUIPPING OF ARROYO CROSSING AND CERTAIN OTHER

MATTERS RELATING THERETO
WHEREAS, Indio Pacific Associates, a California Limited Partnership (the “Borrower”) a partnership of which Pacific West Communities, Inc. (the “Developer”) or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $42,000,000 in aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 47555 Jefferson Street, Indio, California (the “Project”); and
WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Indio (the “City”) because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the “applicable elected representatives” required to approve the issuance of the Bonds under Section 147(f) of the Code; and
WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Indio as follows:

Section 1. The foregoing resolutions are true and correct.

Resolution No. 10488 - Public Hearing pursuant to the Tax Equity Financi... Page 235 of 552 Section 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.

Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

Section 6. This resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this 16th day of April 2025.

__________________________

GLENN MILLER
MAYOR
ATTEST:
_________________________________

SABDI SANCHEZ, MMC

DIRECTOR OF CITY CLERK SERVICES

Resolution No. 10488 - Public Hearing pursuant to the Tax Equity Financi... Page 236 of 552 City of Indio
City Council
April 16, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Brian Halvorson, Dir. Of Community Development Subject: Consideration of an Appeal of the February 12, 2025, Planning Commission Decision for the Maverik Fueling Station Planning Review (PLAN-PRD-24- 0006), Conditional Use Permit (PLAN-CUP-24-0001), Tentative Parcel Map (PLAN-TPM-24-0002), and Initial Study/Mitigated Negative Declaration (PLAN-ER-24-0006) for the subdivision of an 8.62-acre site (APN: 611-330- 025) into two lots and the development of a fueling station on a 3.37 acre site with a convenience store, 10 pumps (20 fueling positions), a four-lane diesel/commercial fueling area, and associated improvements in the Heavy Industrial (IH) Zoning District and Workforce Employment (WEP) General Plan Golf of intersection northeast Center at located designation the Parkway and Avenue 45.

RECOMMENDATION:

That the City Council conduct a public hearing on an appeal from the Planning Commission, and make a decision on whether to approve or deny the Project, consisting of the Maverik Fueling Station Planning Review (PLAN-PRD-24-0006), Conditional Use Permit (PLAN-CUP-24-0001), Tentative Declaration Negative Initial Study/Mitigated (PLAN-TPM-24-0002), Map Parcel and (PLAN-ER-24-0006) for the subdivision of an 8.62-acre site (APN: 611-330-025) into two lots and the development of a fueling station on a 3.37 acre site with a convenience store, 10 pumps (20 fueling positions), a four-lane diesel/commercial fueling area, and associated improvements in the Heavy Industrial (IH) Zoning District and Workforce Employment (WEP) General Plan designation located at the northeast intersection of Golf Center Parkway and Avenue 45 (Attachment 1). For Council Consideration, if the City Council wants to approve the Project, thereby overturning the Planning Commission's decision, the City Council would vote to approve Resolutions Number 10483, 10484, 10485, and 10486. This is Staff's recommendation. For Council Consideration, if the City Council wants to deny the Project, thereby sustaining the Planning Commission's decision, the City Council would need to set forth justifiable findings and vote to approve Resolution Number 10482.

SUMMARY:

On February 12, 2025, the Planning Commission voted 3-2 to deny Resolutions No. 2103, 2104, 2105, and 2106 for the Maverik Fueling Station Planning Review (PLAN-PRD-24-0006), Conditional Use and Permit (PLAN-CUP-24-0001), Tentative Parcel Map (PLAN-TPM-24-0002), Initial Study/Mitigated Negative Declaration (PLAN-ER-24-0006) for the subdivision of an 8.62-acre site (APN: 611-330-025) into two lots and the development of a fueling station with a convenience store, 10 pumps (20 fueling positions), a four-lane diesel/commercial fueling area, and associated improvements. In summary, the Planning Commission denied the Project based on the following AGENDA ITEM #12.2
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 237 of 552 findings: the traffic impacts and trip generation would exacerbate an existing circulation problem with congestion at the proposed project location; there is a concentration of gas stations already located nearby; the Greenhouse Gas impacts was unacceptable; the proposed use, while permitted pursuant a within located is because inappropriate it designation zoning area’s the to is disadvantaged community in the City and this type of business would have a disproportionate impact on that community, in contravention of the Health and Equity element of the General Plan and the two (2) vulnerable receptors, a school and a low income housing project, close to the project location make it an inappropriate use for the particular site. The applicant/owner, Kevin Deis, is appealing the Planning Commission’s decision. The City Council hears appeals de novo.

BACKGROUND INFORMATION:

On March 13, 2024, Catherine Otis, Site Design Collaborative (SDC) on behalf of Maverik, Inc., submitted and entitlements associated (PLAN-PRD-24-0006) Planning Review a application (Conditional Use Permit, Parcel Map) for the development of a 5,951-square-foot convenience store, a 7,214-square-foot fuel canopy with 10 fuel pumps (20 fueling positions), a four-lane diesel/commercial fueling area with four fueling stations, and associated site improvements, including parking, landscaping, pedestrian access, and site lighting ("Project"). The Project is located on an 8.62-acre site at the northeast corner of Golf Center Parkway and Avenue 45 (APN:
611-330-025). The Zoning District for the project is Heavy Industrial (IH) and the General Plan designation is Workforce Employment (WEP). The proposed development would occupy 3.37 acres, while 5.26 acres would remain undeveloped. The entire project site is currently vacant.

A public hearing notice for the Project was published in The Desert Sun on January 31, 2025, the City’s newspaper of record, and mailed to a certified list of property owners within a 500-foot radius of the subject property on January 30, 2025. On February 12, 2025, the Planning Commission held a duly noticed public hearing to consider the application for the Project, during which City staff and Applicant were permitted to present both written and oral evidence, including the staff report and supporting documents, and interested parties were permitted to give testimony or submit written comments in advance of the hearing all of which were considered and included in the Administrative Record. After the conclusion of the public hearing, the Planning Commission made the following findings: the traffic impacts and trip generation would exacerbate an existing circulation problem with congestion at the proposed project location; there is a concentration of gas stations already located nearby; the Greenhouse Gas impact was unacceptable; the proposed use, while permitted pursuant to the area’s zoning designation is inappropriate because it is located within a disadvantaged community in the City and this type of business would have a disproportionate impact on that community, in contravention of the Health and Equity element of the General Plan and the two (2) vulnerable receptors, a school and a low income housing project, close to the project location make it an inappropriate use for the particular site.

At the conclusion of the public hearing and following discussion, the Planning Commission denied the Project, on a 3-2 vote. On February 25, 2025, the Applicant sent their appeal of the Planning Commission decision to the City Clerk, consistent with UDC section 6.03.13. A public hearing notice for the appeal public hearing before the City Council was published on April 4, 2025, in the Desert Sun, and notices were mailed to the property owners within a 500-foot radius of the project site.

California Environmental Quality Act

Pursuant to Section 6.03.06 of the Indio Unified Development Code (UDC), all projects must be reviewed for compliance with or exemption from the California Environmental Quality Act (CEQA).

The City of Indio, acting as the Lead Agency, conducted an environmental review for the proposed

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 238 of 552 Maverik Fueling Station Project in accordance with Title 14 of the California Code of Regulations (CEQA Guidelines).

An Initial Study/Mitigated Negative Declaration (IS/MND) (PLAN-ER-24-0006) was prepared to evaluate the potential environmental impacts of the project. The IS/MND determined that, with the implementation of mitigation measures, all potential impacts would be reduced to a less-than- significant level in compliance with CEQA Guidelines Section 15070. A Mitigation Monitoring and Reporting Program (MMRP) was also prepared to ensure the enforcement of all applicable mitigation measures.

The IS/MND was circulated for public review from November 6, 2024, to December 5, 2024, in compliance with CEQA Guidelines Section 15072, providing responsible agencies and the public an opportunity to review and comment. During the public review period, all received comments were reviewed and incorporated into the final IS/MND. The adopted MMRP is applicable to the Project and has been incorporated as a Condition of Approval for the Planning Review (PLAN-PRD-24- 0006).

Proposed Entitlements

The applicant is appealing the Planning Commission action for Planning Review PLAN-PRD-24- 0006, Conditional Use Permit PLAN-CUP-24-0001, Parcel Map PLAN-TPM-24-0002 and the associated environmental review (initial study/mitigated negative declaration PLAN-ER-24-0006) for the proposed fueling station. At a duly noticed public hearing on February 12, 2025, the Planning Commission voted 3-2 to deny these entitlements and the environmental review supporting said entitlements.

For Council Consideration, if the City Council wants to approve the Project, thereby overturning the Planning Commission's decision, the City Council would vote to approve Resolution Numbers 10483, 10484, 10485, and 10486, which contain findings.

For Council Consideration, if the City Council wants to deny the Project, thereby sustaining the Planning Commission's decision, the City Council would vote to approve Resolution Number 10482, which contain findings.

ATTACHMENTS:

Attachment 1 Vicinity Map
Attachment 7 Appeal Letter
Attachment 8 Public Comments
Exhibit A IS Mitigated Negative Declaration Maverik
Exhibit A MND Response to Comments
Exhibit B Mitigation Monitoring and Reporting Program Maverik Attachment 6 CITY COUNCIL Denial Resolution 10482
Attachment 5 CITY COUNCIL Approval Resolution 10483 TPM Attachment 4 CITY COUNCIL Approval Resolution10484 CUP
Attachment 2 CITY COUNCIL Approval Resolution 10485 MND Attachment 3 CITY COUNCIL Approval Resolution 10486 PRD

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 239 of 552

APPROVAL(S):

Brian Halvorson, Dir. Of Community Development Approved - 08 Apr 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 09 Apr 2025 Ruby D. Walla, Director of Finance Approved - 10 Apr 2025 Bryan H. Montgomery, City Manager Approved - 10 Apr 2025

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 240 of 552 Attachment A:

Vicinity Map

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 241 of 552 Maverik Fueling Station Project
PLAN-PRD-24-0006; PLAN-CUP-24-0001; PLAN-TPM-24-0002; PLAN-ER-24-0006 APN: 611-330-025

Avenue 45
HWY 111

Avenue 44
N

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Cynthia Hernandez, City Clerk VIA EMAIL [email protected] Office of the City Clerk
City of Indio
100 Civic Center Mall
Indio, CA 92024
RE: Applicant’s Appeal of Planning Commission ’s 2/12/25 Denial of Maverik Fueling Station and Convenience Store Project Tentative Parcel Map (PLAN-TPM-24-0002), Planning Review (PLAN -PRD-24-0006), Conditional Use Permit (PLAN -CUP-24- 0001), and Initial Study/Mitigated Negative Declaration (PLAN -ER-24-0006) - PC Resolution No. 2103
To City Clerk Hernandez:

On behalf of project applicant Maverik Inc., and Kevin Dies (collectively, the “Applicant”), please accept this letter as Attachment 1 of the Applicant’s appeal of the Planning Commission’s to the City Council of the above referenced decisions on February 12, 2025, . in connection with the proposed project known as the Maverik Fueling Station and Convenience Store Project (“Project”). In sum, the Planning Commission decisions at issue were not supported by substantial evidence in the record.

The Applicant is appealing the Planning Commission’s denial of the Project for the following reasons: The Planning Commission’s denial of the Project, “did not make the appropriate and factually supported findings based on substantial evidence in the whole of the administrative record and such fundings do not justify denial of the Project. The City Council should reject the Planning Commission’s denial, grant the Applicant’s appeal, and approve the Project. Importantly, the written Resolution of the PC sett ing forth the determinations made at the Hearing was not available as of 12:00 p.m. on the deadline to submit this Appeal. Therefore, this appeal is based upon the oral summary of the Planning Commission’s concerns provided by the Planning Commissions legal counsel, which were recorded in real time and which are available at https://indio.civicweb.net/document/179956/?splitscreen=true&media=true Applicant reserves the right to supplement and/or amend this Attachment A within a reasonable time following receipt of the Resolution.

The Planning Commission’s erroneous motion to deny the approvals was based upon six unsupported findings : (i) the contention that traffic would negatively impact the area; (ii) speculation regarding/ Concerns about Issues with the area being a disadvantaged community ; (iii) Environmental impacts relating to greenhouse gases; (iv) Concern over the concentration of gas stations in the area; (v) Concern over the location of vulnerable receptors in the project area; and, (vi) Misapplication of the Health and Equity Element to the project.

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For the reasons set forth below, the appeal should be granted.

Unsupported Finding 1: Traffic negatively impacting the area.

The analysis of traffic impacts has been evaluated under the California Environmental Quality Act (CEQA) and is presented in the Initial Study and Mitigated Negative Declaration (PLAN -ER-24- 0006). The transportation analysis is summarized from the conclusions reached in the Traffic Impact Analysis Report prepared by Linscott, Law and Greenspan Traffic Engineers (LLG Traffic Engineers), dated July 31, 2024, attached to the Initial Study as Appendices H-1 and H-2.

▪ The following bullets summarize the findings and conclusions contained within the Maverik Fueling Station Traffic Impact Analysis Report, prepared by LLG Engineers (dated July 31, 2024). The Traffic Impact Analysis Report (TIA Report) satisfied the traffic impact requirements of the City of Indio and the County of Riverside. The Scope of Work for the TIA Report was developed in conjunction with City of Indio Traffic Engineering staff and is included in Appendix H-2. The eight (8) key study intersections sel ected for evaluation provide both local and regional access to the study area and were determined based on the approved Traffic Study Scope of Work and based on discussions with City of Indio Traffic Engineering staff. ▪ As presented in Table 5-1 of the TIA Report, the proposed Project, after adjustments for pass- by, is expected to generate 6,223 weekday net daily trips, with 182 net trips produced in the AM peak hour and 161 net trips produced in the PM peak hour. As shown in Table 5-1, the majority of the project trips are pass-by trips, which are trips that are already in the everyday traffic stream on the adjoining streets (i.e. Golf Center Parkway, etc.) and will stop as they pass by the Project site as a matter of convenience on their path to another destination. ▪ As presented in Section 8.1 of the TIA Report, the intersection of Golf Center Parkway/Lorraine Street at Highway 111 currently operates at an unacceptable level of service (LOS) during the AM and PM peak hours without the Project. The remaining seven (7) key study intersections currently operate at acceptable levels of service during the AM and PM peak hours.
▪ As presented in Sections 8.2 and 9.1 of the TIA Report, one (1) of the eight (8) key study intersections (i.e. Golf Center Parkway/Lorraine Street at Highway 111) is forecast to continue to operate at an unacceptable level of service (LOS) with the addition of Project traffic based on City of Indio LOS standards. The remaining seven (7) key study intersections are forecast to operate at acceptable levels of service during the AM and PM peak hours under Existing With Ambient Growth With Project traffic condi tions and Existing With Ambient Growth With Project With Cumulative Projects traffic conditions.
▪ The TIA Report identified an improvement (i.e. traffic signal modification) to offset the cumulative impact at the intersection of Golf Center Parkway/Lorraine Street at Highway 111 and also identified the respective project’s fair share contribution (25.1 %) towards the

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recommended improvement.
▪ This improvement is included in the Initial Study/Mitigated Negative Declaration as Mitigation Measure TR-1, which requires that prior to the issuance of a building permit for the project, the Applicant shall pay their “Fair Share” cost of the improving th e Golf Center Parkway/Lorraine Street at Highway 111 intersection. This improvement is also included in the Mitigation Monitoring and Reporting Program for the project. ▪ Regarding the TIA’s assessment of vehicle miles traveled (VMT), given that the City of Indio does not have its own Vehicle Miles Traveled (VMT) guidelines, the TIA used the County of Riverside Transportation Analysis Guidelines for Level of Service, Vehicle Miles Traveled (dated December 2020) for the VMT analysis. Based on the County’s guidelines, the proposed Project satisfies both the “Small Projects” and the “Local Serving Retail” screening criteria. Therefore, the proposed Project could be screened from a conducting a detailed VMT analysis, was presumed to have a less than significant impact on VMT per the County’s guidelines. The TIA did not identify any significant VMT impacts and no mitigation measures were necessary.
▪ Regarding the off -site improvements required for the project, the proposed Project will to construct full off-site street improvements along its project frontages on Golf Center Parkway (east side) and Avenue 45 (north side), including the construction/ installation of sidewalks, in accordance with City requirements. The proposed Project will also be required to dedicate an additional 2 feet on the north side of Avenue 45 along the property frontage. Avenue 45 along the project frontage will also be require d to be restriped with a two -way-left-turn-lane, two through lanes in each direction and no parking zone signs. A new full-access stop-controlled driveway located along Golf Center Parkway, directly opposite the driveway across the street and a new full-access stop-controlled driveway located along Avenue 45 will be constructed by the proposed Project. These improvements are included as conditions of approval Conclusion: The Planning Commission’s Finding 1 is unsupported by facts.

For the reasons noted above, the proposed project would not result significant traffic impacts that could not be reduced to below a level of significance through the incorporation of mitigation measure TR-1, and installation of required off -site improvements will be ensured through the Conditions of Approval.

Therefore, the Planning Commission’s finding that traffic would negatively impact the area is unsupported by substantial evidence in the whole of the administrative record.

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February 27, 2025

Unsupported Finding 2: Issues with the area being a disadvantaged community.

The Planning Commission’s discussion of the project noted that the project site is located within a disadvantaged community, as identified by CalEnviroScreen, an analytical tool that combines census tract-specific information to identify disadvantaged communities.

Disadvantaged communities in California were designated by the California Environmental Protection Agency (CalEPA) for the purpose of Senate Bill 535. California Senate Bill 535 was signed into law on September 30, 2012, by Governor Jerry Brown. SB 535 is largely based on the actions introduced by Global Warming Solutions Act of 2006, commonly known as AB 32. AB 32 was passed in 2006 and its goal is to reduce greenhouse gas emissions in California. The process outlined by AB 32 resulted in the creation of a cap-and-trade system in California.

Companies must purchase extra credits when they exceed their allotted amount for the cap and trade. Each year, the money generated from companies purchasing extra credits is expected to generate about $1 billion of state revenue. SB 535 requires that 25% of the fund is spent on projects that benefit disadvantaged communities, while at least 10% of the 25% is spent on projects located in disadvantaged communities. Cal Enviroscreen is a screening methodology that identifies disadvantaged communities into which the funds will be directed. These investments are aimed at improving public health, quality of life and economic opportunity in California’s most burdened communities, and at the same time, reducing pollution that causes climate change.

SB 535 established initial requirements for minimum funding levels to “Disadvantaged Communities” (DACs). The legislation also gave CalEPA the responsibility for identifying those communities, stating that CalEPA’s designation of disadvantaged communities must be based on geographic, socioeconomic, public health and environmental hazard criteria.

Disadvantaged communities, for the purpose of SB 535, are defined as areas with high amounts of pollution and low populations and federally recognized tribal areas. In May 2022, CalEPA released its updated designation of disadvantaged communities for the p urpose of SB 535 compliance. As stated, the community located within Census Tract 6065045303, which includes the project site and surrounding area, is designated as a disadvantaged community.

The analysis of air quality and greenhouse gas has been evaluated under the California Environmental Quality Act (CEQA) and is presented in the Initial Study and Mitigated Negative Declaration (PLAN-ER-24-0006). The air quality and greenhouse gas is summar ized from the conclusions reached in the Maverik Fueling Station and Convenience Store Air Quality/Greenhouse Gas Report , prepared by Birdseye Planning Group, dated July 2024, attached to the Initial Study as Appendix A.

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With respect to California Environmental Quality Act (CEQA) compliance, the air quality and greenhouse gas analyses follow the methodology prescribed by the California Air Resources Board and the air quality management districts that oversee air quality pl anning and regulatory compliance within the eleven California air basins. The project site is located within the South Coast Air Basin (SCAB); and thus, is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD).

Air quality impact analyses performed for CEQA compliance within the SCAB must conform to the methodologies recommended in the SCAQMD’s CEQA Air Quality Handbook (1993). The handbook includes thresholds for emissions associated with both construction and operation of proposed projects. These include daily thresholds for criteria pollutant emissions during project construction and operation. In addition to the stand ards and methodology contained within the 1993 handbook referenced above, the SCAQMD has also adopted Localized significance thresholds (LST’s) in response to Governing Board’s Environmental Justice Enhancement Initiative I-4. LSTs represent the maximum emissions from a project that are not expected to cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standard and are developed based on the ambient concentrations of that pollutant for each source receptor area and distance to the nearest sensitive receptor.

In addition to calculating daily construction and operational emissions for the proposed project, construction and operational LST evaluations were also performed and discussed in the Maverik Fueling Station and Convenience Store Air Quality/Greenhouse Gas Report (Birdseye Planning Group, LLC, July 2024). Further, because the project contains a fueling component, cancer risk estimates have been made consistent with the methodology presented in SCAQMD’s Risk Assessment Procedures for Rules 1401, 1401.1 & 212 which provide screening -level risk estimates for gasoline dispensing operations. These findings are also reported in the above - referenced technical report.

The scope of the air quality and greenhouse gas impact analyses performed for CEQA compliance and included as Appendix A of the Initial Study and Mitigated Negative Declaration is unrelated to a Disadvantaged Communities designation. Nevertheless, the anal yses addressed potential impacts to the closest sensitive properties consistent with the SCAQMD methodology discussed above. Thus, while not specifically stated, the air quality and greenhouse gas analyses did address potential impacts to sensitive propert ies located within the adjacent Disadvantaged Community using the same objective methods, legal standards and measurable thresholds uniformly required for all sensitive properties.

The Air Quality and Greenhouse Gas Report did not identify any significant impacts. However, a mitigation measure (MM AQ-1) which required preparation and approval of a Fugitive Dust Control

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Plan to assure compliance with the applicable provisions of SCAQMD Rule 403 and Rule 403.1, has been incorporated into the Project and the Mitigation, Monitoring and Reporting Program.

Conclusion: The Planning Commission’s Finding 2 is unsupported by facts.

For the reasons noted above, the proposed project would not result significant air quality impacts on a disadvantaged community that could not be reduced to below a level of significance through the incorporation of mitigation measure MM AQ-1.

Therefore, the Planning Commission’s findings that there are greenhouse gas impacts and issues with the project site a being in a disadvantaged community, are unsupported by substantial evidence in the whole of the administrative record.

Unsupported Finding 3: Environmental impacts relating to greenhouse gases.\

As noted above, the analysis of air quality and greenhouse gas impacts has been evaluated under the California Environmental Quality Act (CEQA) and is presented in the Initial Study and Mitigated Negative Declaration (PLAN-ER-24-0006) as Appendix A.

Section 3.8 of the Initial Study and Mitigated Negative Declaration summarized the findings of the Air Quality and Greenhouse Gas Report, which included the quantification of greenhouse gas emissions during construction and operation and an assessment of t he project’s compatibility of the City of Indio’s Climate Action Plan.

Section 3.8 of the IS/MND found that the project would result in the combined annual unmitigated emissions approximately 1,746 metric tons (MT) per year in CO 2E. Based on a significance threshold of 3,000 MT CO 2E annually, project-related annual GHG emissions would not exceed the screening threshold. Therefore, the project was not found to generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment.

Construction and operational project impacts from GHG emissions would be less than significant and no mitigation would be required.

Conclusion: The Planning Commission’s Finding 3 is unsupported by facts.

For the reasons noted above, the proposed project would not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment and no mitigation is required.

Therefore, the Planning Commission’s findings that there are significant greenhouse gas impacts are unsupported by substantial evidence in the whole of the administrative record.

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Unsupported Finding 4: Concentration of gas stations in that area.

The Maverik Fueling Station & Convenience Store will support economic growth and meets the needs of a growing community. The permitted zoning, commuter convenience and financial benefits make this location an optimal choice for both Indio residents and travelers passing through the area.

1. Economic Benefits & Competition:
• A new Maverik fueling station & convenience store will generate local tax revenue, benefitting city services such as road maintenance, emergency services and public infrastructure.
• The project creates construction jobs in the short term and permanent employment opportunities in the facility operation.
• As presented in attachment #C, it is calculated that the construction and operation of Maverik project will have an overall economic impact to the Region of about $65.8 million over the thirty (30) year period of construction and operation. • Indio is experiencing steady population and economic growth, leading to increased traffic and demand for fuel and convenience stores.
• As a well established brand, Maverik offers competitive fuel pricing, modern amenities and high quality convenience store products and food, addressing customer preferences.
• Competition between gas stations can lead to lower fuel prices for consumers. • Additional commercial development may be attracted to the area, spurring economic growth, and enhancing the city’s appeal.
• As presented in the Retail Demand Outlook (Gap Analysis) attachment #D, the City is anticipating a projected growth of $20,176,412 in Fueling. The proposed Maverik project would help close this gap.
• The same Gap Analysis also shows a significant rise in auto, truck rentals, lodging and food/drink trips spending, which indirectly require gas station services. (See attached Economic Impact data attachments C & D)

2. Meeting Growing Demand:
• Indio is experiencing steady population and economic growth, leading to increased traffic and demand for fuel and convenience stores.
• As a well established brand, Maverik offers competitive fuel pricing, modern amenities and high quality convenience store products and food, addressing customer preferences.4
• The fueling station & convenience store will cater to diverse customer needs, including commuters, truckers and tourists traveling along major highways. • Maverik offers truck fueling, meeting a need in the area.

3. Enhancing Infrastructure and Community Benefits: