Agenda — Indio City Council, June 18, 2025 (part 2 of 6)

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SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.

A. All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor 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.

B. Contractor, its officers, employees, agents or subcontractors, 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 Contractor gives Authority notice of such court order or subpoena.

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

D. Contractor shall promptly notify Authority should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder.

Authority retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with Authority and to provide Authority with the opportunity to review any response to discovery requests provided by Contractor.

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

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ECTION 17. INDEMNIFICATION.

A. INDEMNITY, DEFENSE AND HOLD HARMLESS. Contractor shall indemnify, defend with legal counsel approved by Agency, and hold harmless Agency, its officers, officials, employees, and volunteers (“Indemnified Parties”) from and against all claims for and actual liabilities, losses, damages, expenses, costs (including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation) of every nature relating to, arising out of or in connection with Contractor’s, its officers, agents, employees, or subcontractors (or any agency or individual that Contractor shall bear the legal liability thereof) negligence, recklessness or

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willful misconduct in the performance of work on and/or connected with the Project or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misc onduct of the Indemnified Parties. Should conflict of interest principles preclude a single attorney from representing both Agency and Contractor, or should Agency otherwise find Contractor’s attorney unacceptable, then Contractor shall reimburse the Agency its costs of defense, including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnified Parties with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful act, omission or performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by Indemnified Parties. However, without affecting the rights of Indemnified Parties under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless Indemnified Parties for liability attributable to the sole or active negligence or willful misconduct of Indemnified Parties, provided such sole or active negligence or willful misconduct is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Indemnified Parti es are shown to have been solely or actively negligent or to have acted with willful misconduct and where Indemnified Parties’ sole or active negligence or willful misconduct accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the sole or active negligence or willful misconduct of Indemnified Parties.

B. Payment by AUTHORITY is not a condition precedent to enforcement of the indemnities in this section. In the event of any dispute between CONTRACTOR and AUTHORITY , as to whether liability arises from the active negligence, sole negligence, or willful misconduct of AUTHORITY or its officers, employees, or agents, CONTRACTOR will be obligated to pay for AUTHORITY 's defense until such time as a final judgment has been entered adjudicating AUTHORITY as having been actively negligent, solely negligent, or as having engaged in willful misconduct. CONTRACTOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorneys' fees, expert fees, and costs of litigation. The provisions

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of this Section shall survive completion of CONTRACTOR's services or the termination of this AGREEMENT.

C. CONTRACTOR SHALL ASSUME RISKS . Until the completion and final acceptance by Authority of all work under this Contract, the work shall be under Contractor's responsibility, care, and charge, including any period of time work is suspended for any cause whatsoever. Contractor shall rebuild, repair, restore, and make good all injuries, damage s, re -erections, and repairs occasioned or rendered necessary by accidental causes of any nature, to all or any portions of the work, except as otherwise agreed.

However, Contractor shall not be responsible for assuming responsibility for repairing or restoring damage caused by an Act of God as defined by Public Contract Code Sec. 7105 in excess of five (5%) percent of the total contract amount. It is specifically contemplated that the Authority, its officers, employees, and invitees, will occupy and use portions of the work prior to final acceptance. Such occupancy shall not relieve Contractor of responsibility provided herein nor exonerate any surety or insurer of Contractor save and except for items of routine maintenance and repair.

D. G
ENERAL LIABILITY OF CONTRACTOR. Except as otherwise herein expressly agreed, Contractor shall do all the work and furnish all the labor, materials, tools, power and light, and appliances, necessary or proper for performing and completing the work herein required in the manner within the time herein specified. The mention of any specific duty or liability of Contractor shall not be construed as a limitation or restriction of any general liability or duty of Contractor, and any reference to any specific duty or liability shall be construed to be for the purpose of explanation.

E. C
LAIMS. This AGREEMENT is also subject to the provisions of Public Contract Code Section 9204, which provides for the submission and resolution of specified claims by CONTRACTOR, including provisions governing the type of claims that may be submitted, the time to respond to such claims, and alternative dispute resolution procedures. The provisions of Section 9204 are incorporated herein by reference, and to the extent CONTRACTOR asserts a claim specified by Section 9204, CONTRACTOR shall comply with all provisions set forth in Section 9204 in submitting a claim to AUTHORITY.

SECTION 18. INSURANCE.

Contractor agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “C” 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

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waiver if so approved in writing by the Executive Director. Contractor shall provide Authority with copies of required policies upon request.

SECTION 19. ASSIGNMENT.

The expertise and experience of Contractor 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 Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’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 2 1 “Termination of Agreement.” Authority acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

If in the performance of its duties Contractor utilizes subcontractors or subcontractors, Contractor covenants that subcontracts, if any, shall contain a provision making subcontractors or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 “Insurance.” The Contractor acknowledges and agrees that the Authority is an intended beneficiary of any work performed by any subcontractor or subcontractor for purposes of establishing a duty of care between any subcontractor or subcontractor and the Authority.

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ECTION 20. CONTINUITY OF PERSONNEL.

Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors / subcontractors, if any, assigned to perform the Services. Contractor shall notify Authority of any changes in Contractor’s staff and subcontractors / subcontractors, if any, assigned to perform the Services prior to and during any such performance.

SECTION 21. TERMINATION OF AGREEMENT.

A. TERMINATION FOR BREACH OF CONTRACT.

In the event that such notice is given, and, in the event such situation is not corrected, or satisfactory arrangement for correction is not made within ten (10) calendar days from the date of such notice, the Contract shall upon expiration of said ten (10) calendar days cease and terminate. In the event of any such termination, Authority shall immediately serve notice thereof upon the Surety and Contractor; and the Surety shall have the right to take over and perform the Contract, provided, however, that if the Surety does not commence performance thereof within thirty (30) days from the date of the mailing to such Surety of notice of termination, Authority may take over the

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work and prosecute the same to completion by Contract, or otherwise, for the account and at the expense of Contractor, and his Surety shall be liable to Authority for any excess cost occasioned Authority thereby, as hereinafter set forth.

In the event Authority completes the work, or causes the work to be completed, as aforesaid, no payment of any sum shall be made to Contractor until the work is complete. The cost of completing the work, including but not limited to, extra contract costs, the costs of Authority forces, extra costs of administration and management incurred by Authority, either direct or indirect, shall be deducted from any sum then due, or which becomes due, to Contractor from Authority. If no sum sufficient to pay the difference between sums due to Contractor and the cost of completing the work, and there is a sum remaining due to Contractor after Authority deducts the aforementioned costs of completing the work, then Authority shall thereupon pay such sum to Contractor and his Surety.

No act by Authority before the work is finally accepted, including but not limited to, exercise of other rights under the Contract, actions at law or in equity, extensions of time, payments, claims of liquidated damages, occupation or acceptance of any part of the work, waiver of any prior breach of the Contract or failure to take action pursuant to this section upon the happening of any prior default or breach by Contractor shall be construed to be a waiver, or to estop, Authority from acting pursuant to this paragraph upon any subsequent event, occurrence or failure by Contractor to fulfill the terms and conditions of the Contract. The rights of Authority pursuant to this paragraph are cumulative and in addition to all other rights of Authority pursuant to this Agreement and at law or in equity.

If Contractor should abandon the work under this Contract, or if the Contract or any portion of the Contract should be sublet or assigned without the consent of the Board, or if the Authority Engineer should be of the opinion that the conditions of the Contract in respect to the rate of progress of the work are not being fulfilled or any part thereof is unnecessarily delayed, or if Contractor should willfully violate or breach, or fail to exec ute in good faith, any of the terms or conditions of the Contract, or if Contractor should persistently refuse or fail to supply enough properly skilled labor or materials, or fail to make prompt payment to subcontractors for material or labor, or persistently disregard laws, ordinances, or proper instruction or orders of the Engineer, then, notwithstanding any provision to the contrary herein, the Board may give Contractor and his Surety written notification to immediately correct the situation or the Contract shall be terminated.

B. Upon termination of this Agreement by either Contractor or Authority, all property belonging exclusively to Authority which is in Contractor’s possession shall be returned to Authority. Contractor shall furnish to Authority a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 5 “Compensation and Method of Payment” of this

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Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 “Compensation and Method of Payment” of this Agreement.

C. Upon written notice, Authority may suspend all or any portion of Contractor’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 Contractor 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 Contractor with written notice of the rescission, at which time Contractor would be required to resume performance in compliance with the terms and provisions of this Agreement.

Contractor 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.

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ERMINATION FOR CONVENIENCE. Authority may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress.

E. In addition to any other rights it may have, Authority may terminate this Contract at any time after the Completion Date as adjusted by any extensions of time for excusable delays that may have been granted. Upon such termination Contractor shall not be entitled to receive any compensation for services rendered by him before or after such termination, and he shall be liable to Authority for liquidated damages for all periods of time beyond such termination date until the work is completed.

F. Upon termination of this Agreement by either Contractor or Authority, all property belonging exclusively to Authority which is in Contractor’s possession shall be returned to Authority. Contractor shall furnish to Authority a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 5 “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 5 “Compensation and Method of Payment” of this Agreement.

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ECTION 22. DEFAULT.

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

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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 Contractor does not cure the default, the Authority may take necessary steps to terminate this Agreement under Section 21 “Termination of Agreement.” Any failure on the part of the Authority to give notice of the Contractor’s default shall not be deemed to result in a waiver of the Authority’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 23. CLAYTON AND CARTWRIGHT ACTS.

CONTRACTOR and any and all subcontractors offer and agree to assign to the AUTHORITY all rights, title and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 USC Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Profession Code) arising from purchases of goods, services or materials pursuant to the authority contract or any subcontract.

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ECTION 24. COOPERATION 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 Contractor in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 25. NOTICES.

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

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

To Contractor: Hardy & Harper, Inc.

Attn: Michael Amundson, Vice President
32 Rancho Circle
Lake Forest, CA 92630
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

26. RECORD AUDIT.

In accordance with Government Code section 8546.7, records of both the Agency and the Contractor shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

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SECTION 27. FINAL PAYMENT.

Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by Agency to Contractor no sooner than thirty -five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final payment has been issued by the Contractor.

SECTION 28. Contractor's Failure To Procure Completion Of Project In the event Contractor fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the Contractor for a period of three (3) calendar days after receipt of written demand from Agency or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, or to prosecute its work and all parts thereof in a diligent and workmanlike manner, then the Agency may exclude the Contractor from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the Agency to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the Agency, shall be a charge against the Contractor, and may be deducted from any money due or becoming due to Contractor from Agency, or Contractor shall pay Agency the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement, shall become liable for payment should Contractor fail to pay in full any said cost incurred by the Agency.

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ECTION 29. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder. Should signatory of this Agreement be unauthorized to bind Contractor, such signor shall be personally liable for the obligations set forth in this Agreement.

SECTION 30. 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 33 “Amendment” and the Executive Director’s contracting authority under the Indio Municipal Code.

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SECTION 31. BINDING EFFECT.

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

SECTION 32. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor 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 33. 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 Contractor shall not constitute a waiver of any of the provisions of this Agreement.

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ECTION 34. LAW TO GOVERN.

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 35. LIQUIDATED DAMAGES.

Pursuant to Government Code section 53069.85, if work is not completed within durations established for the individual activities as set forth in the Project Schedule, it is understood, acknowledged, and agreed Agency will suffer damage. It is therefore agreed that Contractor shall pay to Agency the sum as per the Greenbook for each and every calendar day of delay beyond any completion schedule, construction schedule, or Project milestones established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Project activity.

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of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding a completion schedule, the Project Schedule or the accrual of liquidated damages. In the event the same is not paid, Contractor further agrees that Agency may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement. This article does not exclude recovery of damages under provisions of the Agreement, and is expressly in addition to the Agency’s ability to seek other damages.

Contractor is to refer to Project Schedule for duration of individual activities.

Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity on the Project Schedule , unless the time for such activity has been extended by mutual agreement of the parties and confirmed in writing.

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ECTION 36. SUBSURFACE HAZARDOUS MATERIALS.

A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify Agency in writing of any:

1. Material that Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Project or the character provided for in the Agreement.

B. Upon receipt of said notification, Agency will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of or the time required for performance of any part of the Project, the Agency will issue a change order under the procedures described in the General Conditions.

C. In the event a dispute arises between the Agency and the Contractor whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the Contractor's cost of or time required for performance of any part of the Project, the Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.

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SECTION 37. BONDS; SECURITY.

Contractor shall furnish security in a form approved by the Authority Engineer to guarantee faithful performance of the Contract and to secure payment of claims of laborers, mechanics, materialmen and other persons. Such security may be in the form the form set out in the Notice of Bids or other Contract Specification, whic h bonds are incorporated into this Agreement.

SECTION 38. CORPORATION IN GOOD STANDING.

If Contractor is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that Michael Amundson whose title is Vice President, is authorized to act for and bind the corporation.

SECTION 39. CONTRACTOR’S LICENSE.

Contractor must possess at the time of commencing work and throughout the Project duration, a valid Contractor's License, issued by the State of California, which is current and in good standing. Contractor shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a valid Contractor's License, issued by the State of California, which is current and in good standing.

SECTION 40. COMPLIANCE WITH STATUTES AND REGULATIONS.

Contractor will be knowledgeable of and will comply with all applicable federal, state, local, county, and city statutes, rules, regulations, ordinances, and orders.

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ECTION 41. PROVISIONS REQUIRED BY LAW.

Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party, the Agreement shall forthwith be physic ally amended to make such insertion or correction.

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ECTION 42. TIME OF ESSENCE.

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

SECTION 43. ENTIRE AGREEMENT.

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representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 44. 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 45. FEDERAL FUNDS.

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

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

INDIO WATER AUTHORITY

_______________________ OR ________________________
President Executive Director

ATTEST:

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

GENERAL COUNSEL
By: ___________________________
Steven Graham Pacifico
General Counsel
CONTRACTOR:

HARDY & HARPER, INC.

By:

Michael Amundson
Vice President

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Exhibit A – Scope of Services – WT-WDPC25
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EXHIBIT “A”

SCOPE OF SERVICES

ON-CALL PAVEMENT AND CONCRETE REPAIR SERVICES
Provide on-call construction services for the purpose of pavement and concrete repairs. The work may include, but not be limited to, the following types of work.
a) Obtain all necessary permits from City of Indio, including but not limited to encroachment permit.
b) Performing AC Pavement Removal and Replacement, per City of Indio Standards and Technical Specifications
c) Performing Concrete Driveway Removal and Replacement – Residential, per City of Indio Standards and Technical Specifications d) Performing Concrete Driveway Removal and Replacement- e) Performing Concrete Sidewalk Removal and Replacement, per City of Indio Standards and Technical Specifications
f) Performing Concrete Curb and Gutter Removal and Replacement, per City of Indio Standards and Technical Specifications
g) Performing Concrete Cross Gutter Removal and Replacement, per City of Indio Standards and Technical Specifications
h) Grinding and Removing 2” Pavement
i) Constructing 2” Hot Mix Asphalt Pavement
j) Performing Overage/Dig Out work
k) Installing Signing and Striping
l) Installation of PCC Curb Access Ramp
m) Removal of PCC Curb Ramps
n) Concrete Repair or Other Work as Directed
o) Replacing Traffic Loops
p) Installing Survey Monumentation
q) Resetting and Recording Distributed Survey Monuments r) Adjusting Manholes to Grade
s) Adjusting Water Valves to Grade
t) Crack Sealing Pavement in Non-Residential Areas
ADDITIONAL SERVICES (see attached proposal)

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EXHIBIT “B”

COMPENSATION

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Addendum 1 – Insurance – WT-WDPC25
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ADDENDUM 1 - INSURANCE
Prior to the beginning of and throughout the duration of the Project, Contractor and its subcontractors shall maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so or to procure insurance coverage to satisfy the requirements.

Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Contractor or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to Agency.

Without limiting Contractor’s indemnification of Agency and/or the Indemnified Parties and prior to commencement of the Project, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to Agency.

General liability insurance. Contractor 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 inj ury, and property damage, and a $2,000,000 completed operations aggregate. 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. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work 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.

Umbrella or excess liability insurance. [If required to meet higher limits].

Contractor shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, 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, other than bankruptcy or insolvency of said primary insurer; • “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.

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Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor ’s employees in accordance with the laws of the State of California, Section 3700 of the Lab or Code In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees, and volunteers.

Contractor’s pollution liability insurance. Coverage shall provide for liability arising out of sudden, accidental, and gradual pollution, and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for remediation of the site in the event of an environmental contamination event arising out of the materials, supplies, products, work, operations, or workmanship.

Transportation pollution liability insurance. Coverage shall be in an amount not less than $5,000,000 combined single limit per accident and shall include Pollution Liability (CA9948) and MCS-90 Endorsements. The policy shall provide coverage for transportation of pollutants/contaminants to and from the job site and the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Builder’s risk ( course of construction). Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder’s risk (course of construction) coverage for the entire duration of the Project until only the Agency has an insurable interest. The builder’s risk coverage shall include the following:

The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project.

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Policy shall be provided for replacement value on an “all risk” basis for the completed value of the Project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sublimits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; and (7) coverage with sublimits sufficient to insure the full replacement value of any property or equipment stored either on or off the site or any staging area.

Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction.

Installation floater. If required by the Agency or not covered by builders’ risk (course of construction) coverage, Contractor shall obtain an installation floater for the value of the property and covering the portion of the work to be constructed, installed, altered, or repaired by Contractor. The installation floater policy must include coverage for the fixtures, materials, supplies, machinery, and equipment used in or incidental to the construction project as well as property kept off -site or while in transit. Coverage must include property of others in the Contractor’s care, custody, or control. In addition to Contractor, the Agency and all subcontractors shall be named as additional insureds on the policy with coverage extending through the final completion date.

Other provisions or requirements.

Proof of insurance . Contractor shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of perfo rmance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time and Contractor agrees to provide the same.

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subconsultants. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. Agency and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self- insurance shall be called upon to protect it as a named insured.

Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years after Project completion.

Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The Agency, its officials, officers, agents, and employees, shall be included as additional insureds under the products and completed operations coverage.

Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by Agency wil l be promptly reimbursed by Contractor or Agency will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, Agency may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against Agency

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and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Contractor of non- compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.

Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide the Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Contractor’s insurers are unwilling to provide such notice, then Contractor shall have the responsibility of notifying the Agency immediately in the event of Contractor’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability . The policy(ies) shall not contain any cross-liability exclusions.

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same minimum insurance coverage and endorsements required of Contractor under this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Contractor’s subcontractor cannot comply with this requirement, which proof must be submitted to the Agency in writing, Contractor may still be able to utilize the subcontractor provided Consultant shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the Contractor, but in all other terms consistent with the Contractor’s requirements under this Agreement. This provision does not relieve the Contractor of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Contractor with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Contractor under this Agreement given the limited scope of work or services provided by the subcontractor. Contractor agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to Agency for review.

Agency’s right to revise requirements. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90) -day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the Agency and Contractor may renegotiate Contractor’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim admini stration, and defense expenses within the retention through confirmation from the underwriter.

Timely notice of claims. Contractor shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of its work on the Project.

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Addendum 2 – Bonds – WT-WDPC25
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LABOR AND MATERIALS BOND

Whereas, the Indio Water Authority’ Governing Board of the City of Indio, State of California, and _____________________________________ (hereinafter designated as “the Principal”) have entered into an agreement whereby the Principal agrees to install and complete certain designated public improvements, which agreement, dated ________________________, 202 5, and identified as project ____, is hereby referred to and made a part hereof; and

Whereas, under the terms of the agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the Indio Water Authority (“Authority”) 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, the Principal and the undersigned as corporate surety, are held firmly bound unto the Authority and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of ___________ ________________________dollars ($__________________), for materials furnished or labor thereon of any kind, or for amounts due under the Une mployment 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, co sts and reasonable expenses and fees, including reasonable attorney’s fees, incurred by county (or Authority) 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.

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

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement 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, this instrument has been duly executed by the principal and surety above named, on ____, 2025.

_______________________ _____________________
Principal Surety

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PERFORMANCE BOND

Whereas, the Indio Water Authority ’ Governing Board of the City of Indio, State of California, and ___________________________________(hereinafter designated as “Principal”) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated ____, 2025 and identified as ________________ is hereby referred to and made a part hereof; and

Whereas, said Principal is required under the terms of such agreement to furnish a bond for the faithful performance of said agreement.

Now, therefore, we, the Principal and ______________________, as surety, are held and firmly bound unto the Indio Water Authority hereinafter called (“Authority”), in the penal sum of _______________________________________________ dollars ($______________________) lawful money of the United States, 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 above bounded Principal, 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 said agreement and any alteration thereof made as therein provided, on his or their 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 indemnif y and save harmless Authority, 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 attorney’s fees, incurred by Authority in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

In witness whereof, this instrument has been duly executed by the Principal and surety above named, on ________________ 2025.

__________________ ___________________
Principal Surety

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City Council
June 18, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Brian Halvorson, Dir. Of Community Development Subject: Request for Proposals for the Sale & Development of City-owned property located at Miles Avenue and Deglet Noor Street in Downtown Indio.

RECOMMENDATION:

Authorize City staff to release a Request for Proposals (RFP) to solicit interest from qualified developers to purchase and develop sustainable housing on City-owned parcels located at Miles Avenue and Deglet Noor Street in Downtown Indio (within the Downtown Specific Plan).

SUMMARY:

The purpose of this RFP is to identify and engage a qualified developer or development team to purchase and transform the project site into a high-quality, sustainable residential development. The site is located in Downtown Indio and represents a unique opportunity to advance the City’s vision for infill growth and downtown revitalization (Attachment 1, Vicinity Map). The City seeks proposals that feature any style of single-family, duplex, or triplex units that integrate with the Downtown environment and promote walkability. In addition, the selected design must employ creative, eco- friendly building techniques such as modular, straw bale, adobe, or container housing in order to reduce costs and environmental impact. Proposals that incorporate creative and cost-effective construction methods will be viewed favorably, especially if they demonstrate a commitment to affordability and long-term sustainability.

BACKGROUND INFORMATION:

At recent Council meetings it was expressed that there is interest in building more sustainable housing in the City using various building materials. In addition, Downtown Indio is undergoing a period of strategic reinvestment, with a focus on walkability, developing new housing, implementing public could (which site acre 1.12 Therefore, development. economic and improvements, a accommodate up to 67 dwelling units under the current zoning) located at Miles Avenue and Deglet Noor Street was identified as a priority opportunity for advancing infill housing and providing diverse residential options for the community.

The proposed RFP directly supports the City of Indio’s broader objectives to:

 Promote environmentally responsible infill development utilizing natural construction (such as straw bale, adobe, stone, etc.) and native plant landscaping;  Support a diverse range of housing options for residents of low and moderate income levels;  Encourage creative building solutions that reduce costs and carbon footprint; and  Contribute to the ongoing revitalization and walkability of Indio’s downtown core.

AGENDA ITEM #8.15
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The purchase of the property would be negotiated through a Purchase and Sale-Agreement with the City. The RFP will be distributed electronically through the City’s PlanetBids Contractor/Bidding Portal and the attached RFP includes the tentative schedule for release of the RFP and timing of the award of contract.

ATTACHMENTS:

Attachment 1- RFP Sustainable Housing

APPROVAL(S):

Brian Halvorson, Dir. Of Community Development Approved - 11 Jun 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 11 Jun 2025 Ruby D. Walla, Director of Finance Approved - 12 Jun 2025 Bryan H. Montgomery, City Manager Approved - 12 Jun 2025

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City of Indio

REQUEST FOR PROPOSALS
to provide
Sale & Development of City-Owned
Property
Date of Issuance: Thursday, June 19, 2025

RESPONSES MUST BE RECEIVED NO LATER THAN
3:00 pm, Friday, July 25, 2025

PLANETBIDS

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1 TABLE OF CONTENTS

I. PURPOSE ............................................................................................................................. 1 II. BACKGROUND ..................................................................................................................... 2 III. SCOPE OF SERVICES SCHEDULE .......................................................................................... 3 IV. SCHEDULE ........................................................................................................................... 3 V. LIST OF INTERESTED PROPOSERS ........................................................................................ 4 VI. QUESTIONS ......................................................................................................................... 4 VII. NO CONTACT CLAUSE ......................................................................................................... 4 VIII. SUBMITTAL PROCEDURES ................................................................................................... 4 IX. SUBMITTAL FORMAT .......................................................................................................... 5 X. AGREEMENT FOR PROFESSIONAL SERVICES ....................................................................... 7 XI. GENERAL ADMINISTRATIVE INFORMATION ....................................................................... 7 XII. SUBMITTAL DUE DATE ........................................................................................................ 8 XIII. SELECTION PROCESS ........................................................................................................... 8 XIV. ACCEPTANCE/REJECTION/MODIFICATION ......................................................................... 9 XV. AUTHORITY TO WITHDRAW ................................................................................................ 9 XVI. AWARD OF CONTRACT........................................................................................................ 9 XVII. ATTACHMENTS .................................................................................................................... 9

I. PURPOSE
The purpose of this Request for Proposals (RFP) is to identify and engage a qualified developer or development team to purchase and develop City -owned property located at Miles Avenue and Deglet Noor Street in Downtown Indio (see attachment #1 for vicinity map). The City is seeking proposals that deliver high-quality, one or two-story residential housing—may include single-family, duplex, and triplex units —that are sustainable and innovative.

This RFP aligns with the City of Indio’s broader goals to:

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2 • Promote environmentally responsible infill development utilizing natural construction (such as straw bale, adobe, stone, etc.) and native plant landscaping. • Support a diverse range of housing options for residents of varying income levels; • Encourage creative building solutions that reduce costs and carbon footprint; • Contribute to the ongoing revitalization and walkability of Indio’s downtown core.

Proposals must incorporate nontraditional construction methods (such as straw bale, modular, or container housing) and demonstrate a strong commitment to affordability and long-term sustainability will be given special consideration.

As outlined herein, proposals will be received by the City of Indio, hereinafter called the “City,” via electronic submission through the City’s PlanetBids’ Contractor/Bidding Portal at XXXXXXXXXXXXXX, Mailed, faxed or hand delivered proposals will NOT be accepted.

II. BACKGROUND
The natural beauty and perfect winter climate combine to make the City of Indio the leading city in the region. Located in the Coachella Valley in Southern California, Indio spans 30 square miles and is the largest municipality in the Valley, both in area and population. Following significant regional growth , Indio has seen a 7 8% increase in residents since 2000. This dramatic growth and success in recent years has required a strategic response by City leadership in the upgrade of infrastructure and services. Today, the population of Indio is over 95,000. Indio has historically been the main population center in the Coachella Valley and continues to serve as the location for Riverside County’s eastern branch offices.

Blessed with fabulous weather, Indio offers a wealth of outdoor activities, from world- famous polo matches and championship golf to cycling, equestrian events, and scenic hiking. This ideal climate also supports agriculture, which remains the Coachella Valley's second-largest industry, thanks to excellent growing conditions and a plentiful groundwater supply. Tourism stands as the region’s top employer, drawing nearly a million visitors annually to the C ity's diverse festivals, concerts, shows, and events. Indio proudly lives up to its nickname—the “City of Festivals.” Indio offers a diverse range of housing options, from affordable workforce housing to luxurious multi -million-dollar estates—meeting the needs of a wide spectrum of residents. Executive-style homes feature resort living, including condominiums and golf course residences within secure, gated communities.

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3 III. SCOPE OF SERVICES SCHEDULE
The selected Developer will be responsible for designing and constructing a high -quality residential project on City -owned land at Miles Avenue and Deglet Noor Street. The development must prioritize sustainability, innovation, and cost -effective construction methods while aligning with the City’s goals for downtown revitalization and housing diversity.

Key responsibilities include:
• Design & Site Planning: Develop any style of single-family, duplex, or triplex units that integrate with the Downtown environment and promote walkability. • Sustainable & Innovative Construction: Must employe creative, eco -friendly building techniques—such as modular, straw bale, adobe, or container housing— to reduce costs and environmental impact.
• Affordability Strategy : Propose a plan to include housing options for low- and moderate-income residents. Proposals demonstrating strong affordability commitments will receive additional consideration.
• Project Delivery : Manage all aspects of development, including permitting, financing, construction, and coordination with City staff, while adhering to a clear and efficient project timeline.

IV. SCHEDULE
Dates:

Release of RFP June 19, 2025
Deadline to Submit Questions July 3, 2025, at 2:00 pm
Response to Questions July 11, 2025, at 5:00 pm
Proposal Due Date July 25, 2025, at 3:00 pm
Interview/ Negotiation for finalists (if needed) Week of July 28, 2025* Award of contract August 25, 2025*
• *Note: These dates are anticipated and may change. Contractor shall not be entitled to any compensation should these dates change.

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4 V. LIST OF INTERESTED PROPOSERS
The full content of the RFP, and any addendums, will be available through the City of Indio PlanetBids portal. All firms interested in proposing on this contract are encouraged to sign-up as a prospective bidder for the RFP through PlanetBids.

VI. QUESTIONS
All questions regarding this RFP shall be submitted in writing through the PlanetBids portal XXXXXXXXXXXXX using the Q&A tab. The date and time when questions must be submitted are shown in “Section IV – Schedule” of this RFP. Questions with their answers will be posted in the PlanetBids portal so that everyone gets them at the same time.

Please review the po sted responses to questions before asking your own, as they may have already been addressed by another bidder and answered by the City.

VII. NO CONTACT CLAUSE
Between the date that the City releases the RFP and the time the City Council awards the contract, all communication between the City and proposers regarding this RFP should be put in the PlanetBids Portal. Because the City’s elected City Council members will make their final decision, and in fairness to all respondents, an ex parte contact between proposers and any individual City Council member or other City Staff during the above - stated period is strongly discouraged and may subject the proposer to disqualification.

VIII. SUBMITTAL PROCEDURES
Submittals shall comply with all conditions, requirements and specifications contained herein, with any departure constituting sufficient cause for rejection of the proposal at the City’s sole discretion. The submittal shall contain the name of this RFP, and respondents shall provide one (1) electronic copy of the Work Proposal and one (1) electronic copy of the Cost Proposal (in separate uploaded pdf). All responses are to be uploaded into separate files in the City’s PlanetBids portal.

PlanetBids Website
Hard copies, faxed or emailed submittals will NOT be accepted. All proposal shall be uploaded no later than the date and time shown in “Section IV – Schedule” of this RFP.

Please allow sufficient time for the uploading of documents into the portal

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5 IX. SUBMITTAL FORMAT
All Respondents must submit proposals according to the specifications set forth below.

Proposal shall be typed and uploaded on 8 ½” x 11” size paper. Offerors shall not include any unnecessarily elaborate promotional material. Lengthy narrative is discouraged, and proposals should be brief, clear and concise.

1. Cover Page/ Executive Summary:

Proposals must be signed and include a letter of introduction along with the individual/firm name, website, address, telephone number, email and name of the person authorized to submit the proposal, along with the person’s title. If the individual/firm ope rates from more than one location, please specify the office to which this project will be assigned. Identify all sub- contractors that will be involved.

Provide an overview of the project approach, including key deliverables, benchmarks, and total cost.

2. Experience and Qualifications of the Individual/Firm:

Firms must describe the qualifications possessed to perform services under this engagement. Include information about prior pertinent experience, number of years the firm has been in business , and specialized expertise. Experience with California local municipalities should also be identified by providing three (3) client references for which the proposer has provided similar services. References shall include the date and description of the service, project location, c ompletion dates, organization’s name, contact person, title, address, and telephone number.

The proposal should include a summary of experience and examples of similar projects. Include at least two (2) sample reports for similar projects prepared by other local governments agencies. Describe any attributes that distinguish the firm or professional from others that would help the City in the selection process.

Identify any consultants/sub -consultants that would expect to use, noting relevant disciplines. Include resumes and information regarding those firm(s) qualifications.

3. Key Personnel/Staffing:

Please also include the names, education, qualifications, and years of experience of personnel to be assigned to the project during the specified project timeline and indicate what role these individuals will play in the project. Identify the principal and other key personnel and outline the organizational structure of the team and lines of authority.

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6 Neither personnel nor subcontractors shall be changed without expressed prior permission of the City.

4. Service Delivery Approach:

The proposal should contain a detailed description of the steps to be taken and activities to be conducted by the consultant to complete the requested scope of work, including:
a) The specific activities to be conducted at each stage b) A timeline for the activities at each stage
c) Milestones and deliverables tied to those activities

5. Cost Proposal & Acceptance of Proposed Agreement:

The selected Developer will be responsible for the property purchase, design, and construction of a residential housing project on the approximately 1.12-acre City - owned site (60 units/acre) located at Miles Avenue and Deglet Noor Street. The scope of services includes, but is not limited to, the following:
a) Site Acquisition and Planning
• Negotiate and execute a Purchase and Sale Agreement with the City. • Conduct necessary due diligence on the site (e.g., surveys, geotechnical, environmental assessments).
• Prepare and submit a detailed site plan and architectural concept that meets local zoning and design standards.
b) Housing Design and Development
• Design and construct any form of single, two-story, duplex, and/or triplex homes.
• Ensure that housing units incorporate sustainable features, such as:
o Energy-efficient HVAC and appliances
o Water-saving fixtures and landscaping
o Use of environmentally responsible materials
o Passive solar design or solar-ready infrastructure
• Integrate affordability strategies, such as:
o Use of cost-effective, sustainable or modular building techniques (e.g., prefab, straw bale, adobe container housing)
o Leveraging public or private subsidies
o Targeting low- to moderate-income buyers or renters

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Request for Proposals for the Sale & Development of City-owned property ... Page 224 of 729 7 c) C ommunity Integration and Site Improvements
• Design the development to enhance connectivity to the surrounding downtown area, including:
o Pedestrian-friendly infrastructure
o Access to nearby businesses, transit, and public amenities • Include common open space, native landscaping, and streetscape improvements that enhance neighborhood livability.
d) Entitlements and Approvals
• Prepare and submit all required applications for planning, zoning, and building permits.
• Ensure compliance with the Downtown Specific Plan
• Coordinate with City departments and other regulatory agencies as needed to obtain project approvals.
e) Financing and Implementation
• Proposal for the purchase of the land from the City.
• Provide a realistic development pro forma and financing strategy. • Secure all necessary funding sources for the project. • Comply with any applicable affordability or deed restriction requirements established by the City.
f) Construction and Project Completion
• Manage all aspects of construction through to final inspection and occupancy. • Provide regular progress updates to City staff.
• Deliver the project in accordance with the approved design, budget, and timeline X. AGREEMENT FOR PROFESSIONAL SERVICES
The City of Indio Professional Services Agreement is included for review and comment. The firm’s submission of a proposa l indicated affirmative compliance of such terms, unless the proposal indicates that compliance is not possible. The City reserves the right to make any revisions to the proposed Professional Services Agreement.

XI. GENERAL ADMINISTRATIVE INFORMATION
Each Re spondent understands and agrees that the City, its departments, its officers, employees or agents shall not be liable for:
a) Any costs incurred by a Respondent in the preparation, delivery or presentation of a proposal.

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8 b) Any costs incurred by a Respondent in meeting the criteria as a result of making or submitting a proposal or subsequently in entering into a formal agreement with the City.
c) Any errors, inaccuracies or misstatements related to the information or data supplied to any contractor by the City. The use of such information or data provided by the City, its officers, employees or agents is intended to be used at the sole discretion and risk of the firm in the preparation of a proposal pursuant to this Request for Proposals only.
d) The selected Resp ondent shall comply with any and all Federal and State laws applicable to the services.
e) All proposals submitted to the City of Indio in response to this RFP shall become the property of the City and will not be returned; and such proposals, after the contract is awarded, are subject to the California Public Records Act.

XII. SUBMITTAL DUE DATE
The submittal package must be received prior to the submittal date specified in "Section V - Schedule" of this RFP. Submittals arriving after the deadline will not be considered.

XIII. SELECTION PROCESS
After the receiving deadline, each proposal will be reviewed in a timely manner by the selection committee. The committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. A copy of the Evaluation Criteria is provided in Attachment 1.

Respondents who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the Selection Committee. This provides an opportunity for the respondent to clarify or elaborate on the proposal. These are fact- finding and explanation sessions only and do not include negotiation. The City will schedule the time and location of these presentations. Oral presentations are an option of the City and may or may not be conducted.

Notwithstanding, the City will be the sole and exclusive judge of quality and compliance with proposal specifications in any of the matters pertaining to this RFP. The City reserves the right to award the contract(s) in any manner it deems to be in the best interest of the City and make the selection based on its sole discretion, including negotiating with one or more of the proposers for the same service.

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Request for Proposals for the Sale & Development of City-owned property ... Page 226 of 729 9 The City of Indio will open contract negotiations with the top-r anked firm. The successful firm will be expected to enter into the Disposition and Development Agreement with the City of Indio. Should negotiations with the top- ranked firm dissolve, the City of Indio will begin contract negotiations with the next ranked firm, and so forth until an agreement is reached.

XIV. ACCEPTANCE/REJECTION/MODIFICATION
The City of Indio reserves the right to accept, reject, modify, or cancel, in whole or in part, this Request for Proposal. The City reserves the right to accept or reject any proposals, negotiate modifications to proposa ls tha t it deems acceptable, request and consider additional information from any proposer, and waive minor irregularities and technical defects in this proposal process. The City reserves the right to seek new proposals when it determines that it is in the best interest of the City to do so.

XV. AUTHORITY TO WITHDRAW
The City of Indio reserves the right to withdraw this Request for Proposals without prior notice. The City of Indio makes no representation that any agreement will be awarded to any firm as a result of having responded to this request.

XVI. AWARD OF CONTRACT
Based on the outcome of the Selection Committee’s evaluation of the proposa ls, a recommendation will be submitted to t he City Council for consideration of a ward.

An award of a contract occurs when t he contract is approved by the Indio City Council. Selection of a Proposer with whom the City enters into negotiations with for a Disposition and Development Agreement with or a recommendation of an award by the Selection Committee or any other party, does not constitute an award of a contract.

XVII. ATTACHMENTS
Attachment 1. Vicinity Map
Attachment 2. City Evaluation Sheet
At
tachment 3. Professional Services Agreement

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Vicinity Map
N

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REQUEST FOR PROPOSALS EVALUATION
Pr
oject Name:

Consultant:

Reviewer: Date:

Pro
ject Understanding & Approach – (30 points maximum)
Thorough understanding of the City’s requirements and objectives.

Demonstrated facilitation skills in successfully working with city councils, boards, commissions, city staff, community organizations, businesses, and citizens.

Demonstrated knowledge/experience with actual development of strategic plans and implementation of possible strategies.

Ex
perience / Qualifications of the Firm – (20 points maximum) Demonstrated technical experience in performing work of a similar nature; experience working with public agencies; strength and stability of the firm and proposed team. Responses to client references.

Pro
posed Team & Organization – (20 points maximum)
Qualifications of proposed key personnel; logic of organization; and adequacy of labor commitment and resources to satisfactorily perform the requested services and meet the City’s needs. Assigned staff’s availability and accessibility, including the location of the office that will be servicing our account.

Qua
lity of Responsiveness of Proposal – (15 points maximum) Completeness of response in accordance with the RFP instructions.

Cos
t Proposal – (15 points maximum)
Reasonableness of pricing and competitiveness of the amount compared with other proposals.

Rev
iewer’s Signature
Contract Administrator's Initials Date
Project Understanding & Approach 30
Experience / Qualifications of the Firm 20
Proposed Team & Organization 20
Quality of Responsiveness of Proposal 15
Cost Proposal 15
Total 100
ATTACHMENT 2

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PROFESSIONAL SERVICES AGREEMENT*

BY AND BETWEEN

THE CITY OF INDIO,

A CALIFORNIA MUNICIPAL CORPORATION

AND

[CONTRACTOR],
A [STATE & TYPE OF CORP]

Form Approved January 7, 2025

ATTACHMENT 3

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PROFESSIONAL SERVICES AGREEMENT
FOR [DESCRIPTION OF SERVICES] TO

BETWEEN THE CITY OF INDIO AND [COMPANY]

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this __TH day of ___________, 202_ (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation organized as a general law city and ___________, a [STATE AND TYPE OF CORP, sole proprietorship, or partnership] (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and collectively referred to as the “Parties.”

RECITALS

1. City has sought by direct contract [or Request for Proposals] the performance of [TYPE OF SERVICES] services pertaining to [PROJECT, as applicable].

2. Consultant was selected by City to perform those services on the basis of Consultant’s demonstrated competence , professional qualifications and licensure necessary for the satisfactory performance of the services required.

3. Pursuant to the Chapter 33.116 of the Indio Municipal Code, the City has authority to enter into this Agreement.
a. The City Manager has the authority to execute this Agreement [$5000 - $75,000 or less] OR
b. The City Council has the authority to execute this Agreement [ over $75,000]

4. The Parties now desire to formalize the selection of Consultant for performance of those services defined and described with particularity 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.

PERATIVE 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:

S
ECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement shall commence on _______ (the “Effective Date”) and continue in effect until the tasks described are completed, but in no event later than 202 _, unless sooner terminated or otherwise

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extended by written agreement of the Parties. All days set out are calendar days.

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

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

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ECTION 2. SCOPE OF SERVICES, SCHEDULE AND SCHEDULE OF PERFORMANCE (a) SCOPE OF SERVICES. Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant shall at all times faithfully, competently and to the best of their ability, experience and talent perform the services and tasks set forth in Exhibit “A” “Scope of Services” incorporated as if fully set forth here (hereinafter, the “Services”) and the City agrees to retain and does hereby retain Consultant to provide 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. Thereafter, the City, in its sole discretion, may choose not to enforce Section 21, “ Default” of this Agreement and may instead allow Consultant to continue performing the Services.

(c) 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 S ection 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.

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ECTION 3. CITY REPRESENTATIVE.

The City’s _______ shall represent it in all matters regarding the administration of this agreement, review and approval of all products submitted by consultant, but shall have no authority to enlarge the tasks to be performed.

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

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

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

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

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

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SECTION 5. RESERVED
SECTION 6. OWNERSHIP OF DOCUMENTS.

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

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

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SECTION 7. CONSULTANT’S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.

Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.

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

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

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

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

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represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against or bind City in any manner.

(c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Except for the fees paid to Consultant as provided herein, the City shall not pay salaries, wages or other compensation to consultant for performing services hereunder. The City shall not be liable for compensation or indemnification to Consultant for inj ury or sickness arising out of performing services hereunder. Consultant expressly waives any claim Contractor may have to any such rights.

S
ECTION 9. STANDARD OF PERFORMANCE.

Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services in the same geographic area as are 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.

S
ECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

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

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SECTION 11. RESERVED
SECTION 12. NONDISCRIMINATION.

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

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ECTION 13. RESERVED
SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subconsultant. To the extent applicable, Consultant further covenants that it has not contacted with nor is performing any services, directly or indirectly, with any developer or property owner or entity owning property within the City (or a study area) and further covenant and agrees that it shall provide no service or enter into any agreement with any developer or property owner or firm or partnership owning property within the City or the study area prior to completion of work under this Agreement. Consultant further agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Consultant may be, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties.

Consultant is unaware of any stated position of City relative to such projects.

Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(c) City understands and acknowledges that Consultant may 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. (d) During the term of this Agreement, Consultant shall complete a Form 700 as determined by the City’s Filing Officer.
(e) Consultant has completed the Levine Act statement attached as Exhibit E. (f) U
NDUE INFLUENCE: Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement or

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financial inducement. No officer to employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

Violation of this provision shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
(g) During the time of their tenure with the City and for one thereafter, no member, officer or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the services under this Agre ement shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connect with the services performed under this Agreement.

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

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

(c) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder.

City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Unless Consultant is adverse to City, Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (d) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for

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any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.

SECTION 16A. INDEMNIFICATION. (NON-DESIGN PROFESSIONALS) INDEMNIFICATION BY CONSULTANT. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives, volunteers and agents (“Indemnified Parties”) from and against any and all losses, liabilities, demands, cost and expenses, including attorney’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this Agreement. Consultant’s duty to indemnify and hold harmless City shall not extend to the City’s sole or active negligence or willful misconduct.

D
UTY TO DEFEND. In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall defend the Indemnified Parties at Consultant’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions.

Payment by City is not a condition precent to enforcement of this provision.

In the event of any dispute between Consultant and City, as to whether liability arises from the sole or active negligence or willful misconduct of City or its officers, employee, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Consultant shall not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.

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ECTION 16B. INDEMNIFICATION. (DESIGN PROFESSIONALS)
IF THIS CONSULTANT IS A DESIGN PROFESSIONAL AS DEFINED IN CAL. CIV.

CODE § 2782.8, this Section shall supersede and replace all other indemnity provisions contained in the City's specifications, which shall have no force and effect.

DESIGN PROFESSIONAL INDEMNITY OBLIGATIONS. To the maximum extent permitted by law, Consultant shall defend, hold harmless and indemnify City, and any and all of its elected and appointed officials, officers, employees, agents, and designated volunteers (collectively, “Indemnitees”), from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorneys’ fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant

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

Consultant’s percentage of fault, for both indemnity and defense, shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, and the parties cannot mutually agree on Consultant’s percentage of fault, the parties agree to mediation with a neutral third -party to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnify and defense cost reimbursement owed to the City.

A
PPLICABLE TO ALL CONSULTANTS:

PROMPT PAYMENT OF JUDGEMENT. Consultant shall promptly pay any judgment rendered against City or any City Personnel for any such claims or liabilities incurred due to Consultant’s.

CLAIMS. Any claim by Consultant against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.

SECTION 17. INSURANCE.

Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Addendum “1” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

INSURANCE DOES NOT EXCUSE INDEMNIFICATION OBLIGATION. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.

NONWAIVER OF RIGHTS. Indemnitees do not and shall not waive any rights that they may possess against Consultant on the basis of acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.

WAIVER OF RIGHT OF SUBROGATION. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.

SECTION 18. ASSIGNMENT.

The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons

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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, the performance of any of Consultant’s duties or obligations under this Agreement nor any monies due under this Agreement, without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineff ective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subconsultants. Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide City with the identity of the proposed Subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include an indemnity provision identical to the one provided herein identifying City as an indemnified party, o r an incorporation of the indemnity provision provided therein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.

Consultant may use assistants, under its direct supervision, to perform some of the services under this Agreement. Consultant shall provide City at least fourteen (14) days’ notice prior to the departure of such assistant from this employe. Should such a ssistant leave Consultant’s employ, the City shall have the option to immediately terminate this Agreement. Upon such termination, Consultant’s sole compensation shall be payment for actual services performed up to, and including the date of termination or as otherwise agreed to in writing with the City.

S
ECTION 19. RESERVED

SECTION 20. TERMINATION OF AGREEMENT.

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

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

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

(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in

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Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

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

Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 21. DEFAULT.

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

S
ECTION 22. EXCUSABLE DELAYS.

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

SECTION 23. COOPERATION BY CITY.

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

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Services shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, delivered by a reputable document delivery service (i.e. Federal Express) which provides a receipt showing the date and time of delivery; or U.S. mail, certified mail, postage prepaid and return receipt requested, addressed as follows:

TO CITY: City of Indio
Attn: City Manager
100 Civic Center Mall
Indio, CA 92201
cc: City Representative E-mail

TO CONSULTANT: [INSERT COMPANY & THEIR CONTACT
INFO]

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

SECTION 25. AUTHORITY TO EXECUTE.

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

Should signatory of this Agreement be unauthorized to bind Consultant, such signor shall be personally liable for the obligations set forth in this Agreement.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

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

SECTION 27. BINDING EFFECT.

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

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SECTION 28. AMENDMENT.

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

SECTION 29. WAIVER.

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

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ECTION 30. LAW TO GOVERN; VENUE.

In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

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

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

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits and Addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the e xecution 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. All prior or contemporaneous agreements, understandings, representations or statements, oral or otherwise, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the

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representations set forth here and upon each party’s own independent investigation of any and all facts such party deems materials.

SECTION 33. SEVERABILITY.

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

1. Insurance requirements (“Addendum 1”)

2. All Exhibits and Addendums

3. All amendments

4. Consultant’s proposal, if any

5. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”) (b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a co nflict 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.

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

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

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

CITY ATTORNEY
By: ___________________________
Steven Graham Pacifico
City Attorney
CONSULTANT:

By:

Its: [TITLE]
Attachments:

Exhibit A- Scope of Services
Exhibit B- Compensation
Attachments - Continued

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Exhibit C- Insurance (Addendums 1-3)
Exhibit D- Conflict of Interest Form
Exhibit E- Levine Act Statement
Exhibit F- Request for Proposal (if used)
Exhibit G- Consultant’s Proposal (if used)

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EXHIBIT “A”

SCOPE OF SERVICES

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EXHIBIT “B”

COMPENSATION

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EXHIBIT “C”
INSURANCE - ADDENDUM “1”
Without limiting Consultant’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. 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:

M
INIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and 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.

A
UTOMOBILE 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.

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

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

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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.

Should Consultant obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability and employer’s liability policies.

P
ROOF OF INSURANCE. Consultant shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein.

Insurance certificates and endorsements must be approved by the Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

D
URATION OF COVERAGE. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.

P
RIMARY/NONCONTRIBUTING. Coverage provided by Consultant shall be primary and any insurance or self -insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or s elf-insurance shall be called upon to protect it as a maned insured.

C
ITY’S RIGHT OF ENFORCEMENT. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced Agency has the right but not the duty to obtain the insurance It deems necessary, and any premium paid by Agency will be promptly reimbursed by Consultant or Agency will withhold amounts sufficient to pay premium from Consultant payments.

In the alternative, Agency may cancel this Agreement.

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ACCEPTABLE INSURERS. All insurance policies shall be issued by an Insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.

WAIVER OF SUBROGATION. All Insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, 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 n right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subconsultants.

E
NFORCEMENT OF CONTRACT PROVISIONS (NON ESTOPPEL). Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.

R
EQUIREMENTS NOT LIMITING . Requirements of specific coverage features or limits obtained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

Specific reference to a given coverage feature Is for purposes of clarification only as it pertains to given issue and is not intended by any party or Insured lo be all Inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available Insurance proceeds in excess of the specified minimum limits of Insurance and coverage shall be available to the Agency.

N
OTICE OF CANCELLATION. Consultant agrees to oblige its insurance agent or broker and insurers to provide the Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant's insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the Agency immediately in the event of Consultant's failure to renew any of the required insurance coverages, or insurer's cancellation or non-renewal.

P
ROHIBITION OF UNDISCLOSED COVERAGE LIMITATIONS . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.

S
EPARATION OF INSUREDS . A severability of interest provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to

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each insured against whom claim is made or suit is brough, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross -liability exclusions.

PASS THROUGH CLAUSE . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively "Subcontractor'"), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant's Subcontractor cannot comply with this requirement, which proof must be submitted to the Agency, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor's scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant's requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability lo the amount of insurance coverage provided by its Subcontractors. This provision is intended solely to provide Consultant with the ability to util ize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the Subcontractors, and others engaged in the project and/or services, will be submitted to the Agency.

C
ITY’S RIGHT TO REVISE SPECIFICATIONS. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results i n substantial additional cost to the Consultant, the Agency and Consultant may renegotiate Consultant's compensation.

SELF-INSURED RETENTIONS . Any self -insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self -insured retentions by eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

TIMELY NOTICE OF CLAIMS . Consultant shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

ADDITIONAL INSURANCE. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

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OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City.
(A) OTHER REQUIREMENTS. Consultant shall deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with.

The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

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

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

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

4. Coverage provided by Consultant shall be primary and any insurance or self- insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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

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ADDENDUM “2"

FEDERAL FUNDS

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ADDENDUM “3"
BONDS

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EXHIBIT “D”

CONFLICT OF INTEREST FORM

CONSULTANT FINANCIAL DISCLOSURES

Consultant will comply with all conflict of interest laws and regulations including, without limitations, City’s Conflict of Interest Code (on file in the City Clerk’s Office). It is incumbent upon the Consultant to notify the City of any staff changes relating to this Agreement. The City Manager has made the following determination and Consultant, by his/her signature, acknowledges said determination as set out in FPPC Regulation 18701(a) 02.

A. In accomplishing the scope of services of this Agreement, all officers, employees, and/or agents of Consultant will be performing a specialized function (subject to review and approval of the City Council), and therefore, is unlikely to have a conflict of interest arise. No disclosures are required of any officers, employees, and/or agents of Consultant. Consultants duties are as follows:
__________________________________________________________________ __________

________________________________
____________________________
Brian Montgomery, City Manager Consultant Signature and Title

B. In accomplishing the scope of services of this Agreement, Consultant will be performing a specialized service for the City, and there is substantial likelihood that the Consultant may make or participate in making, a governmental decision, which may have a foreseeable material effect on a financial interest. As a result, the Consultant shall be subject to the Disclosure Category “Consultant” of the City’s Conflict of Interest Code.

________________________________
____________________________
Brian Montgomery, City Manager Consultant Signature and Title

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EXHIBIT “E”

LEVINE ACT STATEMENT
California Government Code § 84308, commonly referred to as the “Levine Act,” precludes an officer of a local governmental agency from participating in the award of a contract if he or she receives any political contributions totaling more than $500 in the 12 months preceding the pendency of the contract award, and for three months following the final decision, from the person or company awarded the contract. This prohibition applies to contributions to the officer, or received by the officer on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee.

This statement must be provided for the company and for each consultant who will work with the City.

City of Indio Council Members as of the date of this document:

Glenn Miller
Elaine Holmes
Oscar Ortiz
Waymond Ferrmon
Ben Guitron IV

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City of Indio Council Member in the 12 months preceding the date of the issuance of this RFP?____ YES NO
If so, that Council member is: ___________________

2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contributions of more than $500 to any City of Indio Council Member in the three months following the award of the
contract?____ YES NO
If so, that Council member is: ___________________

Answering yes to either of the two questions above does not preclude the City of Indio from awarding a contract to your firm. It may, however, preclude the identified Council Member from participating in the contract award process for this contract.

DATE (SIGNATURE OF CONSULTANT)

(NAME)

( NAME OF COMPANY)

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4 | Page
Exhibits

EXHIBIT “F”

REQUEST FOR PROPOSAL

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5 | Page
Exhibits

EXHIBIT “G”
CONSULTANT’S PROPOSAL

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Request for Proposals for the Sale & Development of City-owned property ... Page 261 of 729 City of Indio
City Council
June 18, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: Award of a contract in the amount of $555,598.17 to General Pump Company, Inc. for Well S Rehabilitation Project, IWA Project No. WT- WW0S24

RECOMMENDATION:

That the City Council/lWA Board approve the contract documents including specifications and award a S Well for Inc. Company, Pump General the $555,598.17 of amount the in contract to Rehabilitation Project, IWA Project No. WT-WW0S24, and authorize a 10 percent contingency in the amount of $55,560 for unforeseen conditions, for a total amount of $611,158.17.

SUMMARY:

IWA recently completed the formal bid process for the Well S Rehabilitation Project. On May 8, 2025, staff sent the Notice Inviting Bids through Planet Bids in accordance with formal bidding procedures of the California Uniform Public Construction Cost Accounting Act. Bids were opened on June 3, 2025, General Pump Company, Inc. submitted the lowest responsible bid in the amount of $555,598.17.

BACKGROUND INFORMATION:

One hundred percent of IWA's water supply is currently produced from the local groundwater basin.

Groundwater is pumped from 20 production wells across the city, disinfected with chlorine, and distributed The customers. by use for mains reservoirs, water through and to distribution groundwater wells, typically drilled over 1,000 feet deep, are IWA's primary water production assets.

The wells each have production capacities ranging from 1,300 gallons per minute (gpm) to 3,350 gpm and produce an average of 17 million gallons each day. The average lifespan of a water well is 30-50 years. It is standard industry practice that a well should be on a program of regular preventive maintenance to keep it in good condition, supplemented by more aggressive rehabilitation every decade as needed. Considering that the cost of a new well can be more than $3.5 million (not including land), the cost for regular maintenance, with rehabilitation as needed to maximize the useful life of the existing well is a sound investment. IWA's Well Rehabilitation Program was created to rehabilitate an average of one well each fiscal year. Well S, located at 80250 Avenue 49th, is scheduled to be rehabilitated in Fiscal Year 2025-2026. The well has not been rehabilitated since it was drilled in 2000 to a depth of 1,200 feet. With a current 3,100 gpm production capacity, Well S is one of IWA's primary production wells.

IWA recently requested bids from qualified drilling contractors to provide well rehabilitation services for Well S. In general, the scope of work consists of well development (cleaning, testing, and AGENDA ITEM #8.16
Award of a contract in the amount of $555,598.17 to General Pump Company... Page 262 of 729 disinfecting) as well as flow and water quality testing at multiple zones (depths) within the well. The purpose of this well-rehabilitation project is to improve well efficiency, prolong the life of this key production well, and improve water supply reliability. Staff advertised the Notice Inviting Bids on the Planet Bids Website and Bids were opened on June 3, 2025.

The following bids were received:

COMPANY LOCATION BID AMOUNT
General Pump Company, Inc.

159 N. Acacia Street
San Dimas, CA 91773

$555,598.17
Best Drilling and Pump, Inc. 1640 Pellisier Road
Colton, CA 92324 $810,925.00
IWA staff examined the bids for completeness and determined that the lowest responsible Bidder is General Pump Company, Inc. Staff recommends awarding the contract to General Pump Company, Inc. Once approved, the project is anticipated to begin in August 2025 and be completed within a three (3) month period after the Notice to Proceed date.

IWA Staff has determined that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 for Class 1 existing facilities, and no exception to the application of a categorical exemption set forth in CEQA Guidelines Section 15300.2 applies to the Project.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$611,158.17 Strategic Objective: Community Infrastructure Source of funds: Water Capital Program Fund-Org-Object Reference:

Fund 812

Additional Financial Details:

As part of the multi-year Well Rehabilitation Program, funding is provided in the Fiscal Year 2025- 2026 Operating and Capital Improvement Budget for the Well S Rehabilitation and Flow Profiling Project in Fund 812 (Water Capital Program).

ATTACHMENTS:

Attachment 1 - Vicinity Map
Attachment 2 - Bid Tabulation
Attachment 3 - Contract Well S Rehabilitation, WT-WW0S24 FINAL

APPROVAL(S):

Reymundo Trejo, P.E., IWA General Manager Approved - 04 Jun 2025

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Award of a contract in the amount of $555,598.17 to General Pump Company... Page 263 of 729 Jennifer A. Mizrahi, Assistant City Attorney Approved - 11 Jun 2025 Ruby D. Walla, Director of Finance Approved - 11 Jun 2025 Bryan H. Montgomery, City Manager Approved - 11 Jun 2025

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A VENUE 48
A VENUE 49
A VENUE 50

MADISON ST

JEFFERSON ST
A V E N U E 4 9A V E N U E 4 9

T A N G I E RT A N G I E R

A N D O R R AA N D O R R A

M A L A G AM A L A G A

S U L T A N AS U L T A N A

A C R O P O L I SA C R O P O L I S
12in DIP
8in PVC
16in DIP
8in PVC
8in PVC
8in PVC
12in DIP
12in DIP
12in DIP
12in DIP
12in DIP
16in
DIP
12in DIP
12in DIP
12in DIP
12in DIP
12in DIP
12in DIP
12in DIP
8in
PVC
Exhibit Map
IWA Well S
Ave. 49 and Jefferson St.

Sheet No.

Drawn By:

Checked by:

Date:

IWA Distribution Water Mains
Map Grid Index:

Map Grid Exhibit
0 50 100 150 20025
Feet
Legend
IWA Existing Mains
IWA_Service_Area
N
MAP DISCLAIMER:

This is not an offical map. Indio Water Authority
(IWA) does not guarantee the accuracy of the
data in the map. Any errors or omissions shall not
be considered the responsibility of the IWA. 6/12/2023
lehernandez

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INDIO WATER AUTHORITY
Well S Rehabilitation Project, No. WT-WW0S24
Bid Tabulation
June 3, 2025 at 3:00 PM
Bid
Item
No Description Unit
Estimate
Quantity Unit Price Line Total Unit Price Line Total
1 Mobilization, Demobilization, and Site Cleanup, Including Provision of Temporary Fencing Surrounding Discharge Location (Not to Exceed 5% of Total Estimate Cost) LS 1 $19,000.00 $19,000.00 $32,000.00 $32,000.00 2 Provide Solids and Waste Water Disposal, Including Settling Tanks, Temporary Discharge Piping, Ramping,and Erosion Control (DISCHARGE OPTION 1). LS 1 $95,374.69 $95,374.69 $165,000.00 $165,000.00 3 Removal and Transport of Existing Pumping Equipment. Inspect Equipment and Provide Report and Recommendations. LS 1 $12,840.00 $12,840.00 $43,500.00 $43,500.00 4 Remove Accumulated Fill and Debris from Well Sump. LS 1 $4,120.00 $4,120.00 $12,500.00 $12,500.00 5 Conduct Pre-Cleaning Dual- Cam Downhole Video Survey. EA 1 $1,100.00 $1,100.00 $2,500.00 $2,500.00 6 Conduct EMDS Survey. EA 1 $13,103.48 $13,103.48 $11,000.00 $11,000.00 7 Conduct Mechanical Cleaning with Nylon Brushes. HR 16 $577.50 $9,240.00 $1,185.00 $18,960.00 8 Provide Redevelopment by Swabbing and Airlifting. HR 48 $515.00 $24,720.00 $1,675.00 $80,400.00 9 Remove Accumulated Debris from Well Sump and Conduct Post-Cleaning Dual-Cam Downhole Video Survey. LS 1 $5,220.00 $5,220.00 $12,500.00 $12,500.00 10 Conduct Interim Well Disinfection. LS 1 $16,800.00 $16,800.00 $20,000.00 $20,000.00 11 Refurbish Discharge Head and Replace Bolting. LS 1 $1,650.00 $1,650.00 $4,300.00 $4,300.00 12 Provide new US Motor 350HP High-Thrust Motor LS 1 $35,386.00 $35,386.00 $42,150.00 $42,150.00 13 Furnish and Install New 16-inch 4-Stage Water-Lube Pump (DESIGN POINT:3,000 gpm, 330-foot TDH). LS 1 $24,648.00 $24,648.00 $28,500.00 $28,500.00
14 Furnish and Install New 14- inch Epoxy-Coated Water- Lubricated Column Pipe (T&C). FT 300 $289.96 $86,988.00 $310.00 $93,000.00 15 Furnish and Install New 1- 15/16-inch Line Shaft (Type 416 Stainless Steel) with Couplings and Retainers. FT 300 $134.01 $40,203.00 $145.00 $43,500.00 16 Furnish and Install a New 316L Stainless Steel Cone Strainer. LS 1 $2,050.00 $2,050.00 $1,115.00 $1,115.00 17 Furnish and Install New 1-inch Sch. 80 Flush-Threaded PVC pipe (for soundings). Strap with Stainless Steel Bands every 20 feet. FT 300 $8.34 $2,502.00 $10.00 $3,000.00 18 Install Well Pump, Motor, and All Ancillary Equipment, and Conduct Startup Testing. LS 1 $15,900.00 $15,900.00 $32,000.00 $32,000.00 19 Conduct Final Well Disinfection (including disinfection of pumping equipment, and passing Bac-T testing). LS 1 $5,250.00 $5,250.00 $7,000.00 $7,000.00
20 Noise Attenuation as required by City of Indio Encroachment permit LS 1 $850.00 $850.00 $30,000.00 $30,000.00 $416,945.17 $682,925.00
1 Provide Solids and Waste Water Disposal, Including Settling Tanks, Temporary Discharge Piping, Ramping, and Erosion Control (DISCHARGE OPTION 2). LS 1 $0.00 $0.00 $0.00 $0.00 2 Repair Existing 16-inch 4-Stage Water-Lube Pump, or Approved Equal (DESIGN POINT: 3,000 gpm, 330-foot TDH). LS 1 $12,806.00 $12,806.00 $20,000.00 $20,000.00
3 Furnish and Install New 14-inch High-Strength Low- Alloy (HSLA) Water-Lubricated Column Pipe (T&C). FT 300 $329.52 $98,856.00 $350.00 $105,000.00 4 Repair Existing 1-15/16-inch Line Shaft (Type 416 Stainless Steel) with Couplings and Retainers. FT 300 $89.97 $26,991.00 $10.00 $3,000.00 $138,653.00 $128,000.00
$555,598.17 $810,925.00
Best Drilling & Pump, Inc.General Pump Co., Inc.

OPTIONAL
TOTAL BASE AMOUNT (Total for Non-optional and Optional Amounts) TOTAL BASE AMOUNT (Total Optional Amounts)
TOTAL BASE AMOUNT (Total for Non-Optional Amounts)

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AUTHORITY AGREEMENT

BY AND BETWEEN

THE INDIO WATER AUTHORITY,

A JOINT POWERS AUTHORITY

AND

GENERAL PUMP COMPANY, INC.

A CALIFORNIA CORPORATION

Form Approved January 2025

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Authority Agreement - WT-WW0S24
Page | 1

INDIO WATER AUTHORITY AGREEMENT
FOR WELL S REHABILITATION PROJECT WT-WW0S24 TO

BETWEEN THE INDIO WATER AUTHORITY AND General Pump Company, Inc.

THIS AUTHORITY CONSTRUCTION AGREEMENT (“Agreement”) is made and entered into this 18TH day of June, 2025 (“Effective Date”), by and between the INDIO WATER AUTHORITY (“Authority”), a joint powers authority and General Pump Company, Inc. a California Corporation licensed to do business in Californi a (“Contractor”). For the purposes of this Agreement Authority and Contractor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. Authority has sought by formal bid process to contract for the performance of construction services pertaining to WELL S REHABILITATION PROJECT WT- WW0S24 defined and described particularly in Section 1 “Scope of Work” and Section 2 “Schedule of Performance” of this Agreement.

2. Contractor was selected by Authority to perform those services as the lowest responsive and responsible bidder.

3. The amount of this contract exceeds that allowed under Chapter 33.124 for informal construction contracts.

4. Pursuant to the Chapter 33.115 and following of the Indio Municipal Code, Authority has authority to enter into this Agreement pursuant to the approval of the Authority’s Governing Board (“Board”).

5. The Parties desire to formalize the selection of Contractor for performance of those services defined and described with particularity in Section 1 “Scope of Work” and Section 2 “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. SCOPE OF WORK.

This is an Authority contract pursuant to the provisions of the California Public Contract Code and other California statutes. Definitions for the terms used are

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defined in the General Specifications for the Project; all days set out shall be calendar days unless otherwise provided.

A. Contractor shall perform within the time set forth in this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the construction of scope of work for the Well S Rehabilitation Project (“Project”).

B. By entering into this Agreement, Contractor acknowledges there may be other contractors on the site whose work will be coordinated with that of its own.

To the extent allowed by law, the Contractor will have no remedy, and hereby expressly waives any remedy against the Agency, the Construction Manager on account of delay, hindrance, interference, or other events caused by a separate contractor.

C. As used herein, “Construction Manager” shall mean Roman Gonzalez.

S
ECTION 2. SCHEDULE OF PERFORMANCE.

A. COMMENCEMENT AND PROSECUTION OF WORK. CONTRACTOR shall begin work within TEN (10) working days of the date of the Notice to Proceed and shall diligently prosecute the same to completion before the expiration of SIXTY (60) WORKING DAYS , after the date of Notice to Proceed. The phrase "commence the work" means to engage in a continuous program on- site including, but not limited to, site clearance, grading, dredging, land filling and the fabrication, erection, or installation of the work. Said Notice to Proceed shall be issued following execution of the Agreement and the filing by Contractor of the required bonds and proof of insurance. The continuous prosecution of work by Contractor shall be subject only to Excusable Delays as defined in this Agreement.

TIME OF COMPLETION. CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all individual Prime Contractors to AUTHORITY comprises the entire "Project" and shall be commenced and completed in conformance with the Project Construction Schedule. The entire Project shall be completed within sixty (60) consecutive working days ("Contract Time").

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D. EXTENSIONS OF TIME. In the event Authority deems it necessary, in its sole discretion, to extend the time of completion of work to be done under this Contract beyond the required Completion Date herein specified, such extensions shall in no way release any guarantee given by Contractor pursuant to the provisions of the Contract Documents, nor shall such extension of time relieve or release the sureties on the bonds executed pursuant to said provisions. By executing such bonds, the sureties shall be deemed to have expressly agreed to any such extension of time. The amount of time allowed in any extension of time shall be limited to the period of excusable delay as defined herein giving rise to the same as determined by Authority Engineer.

E. EXCUSABLE DELAYS. For the purpose of these Contract Documents, the term "Excusable Delays" shall mean, and is limited to, delays caused directly by acts of God, acts of the public enemy, fires, riots, insurrections, epidemics, quarantine restrictions, strikes, lockouts, si t-downs, acts of a governmental agency, priorities or privileges established for the manufacture, assembly, or allotment of materials necessary in the work by order, decree, or otherwise of the United States or by any department, bureau, commission, committee, agent, or administrator of any legally constituted public authority; changes in the work ordered by Authority insofar as they necessarily require additional time in which to complete the work; the prevention by Authority of Contractor from commencing or prosecuting the work because of the acts of others, excepting Contractor's subcontractors; or the prevention of Contractor from commencing or prosecuting the work because of a City -wide failure of public utility service.

The term "Excusable Delay" shall specifically not include: (1) any delay which could have been avoided by the exercise of case, prudence, foresight, and diligence on the part of Contractor; (2) any delay in the prosecution of parts of the work, which may i n itself be unavoidable but which does not necessarily prevent or delay the prosecution of other parts of the work, nor the completion of the whole work within the time specified; (3) any reasonable delay resulting from time required by Authority for revie w of plans and submittals required of Contractor and for the making of surveys, measurements and inspections; and (4) any delay arising from an interruption in the prosecution of the work on account of the reasonable interference from other Contractors employed by Authority, which does not necessarily prevent the completion of the work within the time specified. Excusable Delays, if any, shall operate only to extend the Completion Date (not in excess of the period of such delay as determined by the Authority) but shall not under any circumstances increase the sum Authority is to pay Contractor as provided in these Contract Documents.

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F. Contractor to Serve Notice of Delays . Whenever Contractor foresees any delay in the prosecution of the work, and in any event immediately upon the occurrence of any delay which Contractor regards as an excusable delay, he shall notify the Authority Engineer in writing of the probability of such delay and its cause, in order that the Authority Engineer may take immediate steps to prevent if possible the occurrence or continuance of the delay, or if this cannot be done, may determine whether the delay is to be considered excusable, how long it continues, and to what extent the prosecution and completion of the work are delayed thereby. Said notice shall constitute an application for an extension of time only if the notice requests such an extension and sets f orth Contractor's estimate of the additional time required together with a full description of the cause of the delay relied upon.

After the completion of any part or whole of the work, the Authority Engineer, in estimating the amount due Contractor, will assume that any and all delays which may have occurred in its prosecution and completion have been avoidable delays, except such de lays as shall have been called to the attention of the Authority Engineer at the time of their occurrence and found by him to have been excusable. Contractor shall make no claim that any delay not called to the attention of the Authority Engineer at the time of its occurrence has been an excusable delay.

G. Extension Of Time - Excusable Delay.

Should any delays occur which the Authority Engineer may consider excusable, as herein defined, Contractor shall, pursuant to his application, be allowed an extension of time beyond the time herein set forth proportional to said delay or delays in which to complete this Contract; and, during an extension which may have been granted because of an excusable delay or delays, Authority shall not charge liquidated damages against Contractor fo r such delay.

1. Extension Of Time Does Not Waive Authority's Rights. The granting of any extension of time on account of delays which in the judgment of the Authority Engineer are excusable delays shall in no way operate as a waiver on the part of Authority of its rights under this Contract excepting only the extension of the Completion Date.

2. No Payment For Delays. No damages or compensation of any kind shall be paid to Contractor or any subcontractor because of delays in the progress of the work whether such delays qualify for extension of time under this Agreement or not.

H. Authority's Right to Take Possession of the Work In Whole or in Part.

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The Authority shall have the right at any time to enter upon the work and perform work not covered by this Contract, or to occupy and use a portion of the work, prior to the date of the final acceptance of the work as a whole, without in any way relieving Contractor of any obligations under this Contract.

Such use or occupation of the work shall not be construed as an acceptance of any portion of the work under this Contract, nor shall it affect the dates and times when payments shall become due nor prejudice Authority's right, guarantees, or sureties.

SECTION 3. CONTRACT DOCUMENTS AND ADDITIONAL SERVICES.

Each of the items hereinafter referred to are incorporated herein by this reference as if set forth in full herein.

Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The table of contents, titles, and headings contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect or limit the interpretations of the provisions to which they refer.

The Contract Documents, sometimes also referred to as "the Contract," consist of the following documents as those may be modified or supplemented:

-Notice Inviting Bids -Bid Bond
-Scope of Work Summary -Information Required of Bidder -Information for Bidders -Contract
-Bid Form -Certificate Regarding Workers’
Compensation
-Non-Collusion Affidavit -Drug-free Workplace Certification -Site Visit Certification -Plans and Specifications
-Faithful Performance Bond -Addenda
-Labor and Materials Payment Bond -Drawings
-Change Orders -Shop Drawing Transmittals
-General Conditions/Standard Specifications -Special Conditions -Supplementary General Conditions -Proposed/Selected Subcontractors -Project Construction Schedule -Non-Asbestos Containing Materials -Contractor’s Certificate Regarding

which include, the current general prevailing wage rate, the labor surcharge and equipment rental rates and the notice to contractors, the Insurance Requirements,

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and any other such data and all versions thereof prepared by Authority pursuant to Contract, and any modifications of any of the foregoing in the form of Addenda or executed Change Order or otherwise effected in accordance with the terms of the Contract.

SECTION 4. INCORPORATION AND CONFLICTING TERMS. The following documents are incorporated and made part of this Agreement by this reference:

1. Insurance requirements (“Addendum 1”)

2. All bid documents

3. All Exhibits and Addendums

4. All amendments

5. Contractor’s proposal, if any

6. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by Authority to pay Contractor for any portion of work done under Agreement (“Funding Restrictions”)
(a) 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 Contractor’s proposal.

Where the requirements of one Document are more stringent then another the more stringent shall govern.

S
ECTION 5. COMPENSATION AND METHOD OF PAYMENT.

A. Authority agrees to pay, and Contractor agrees to accept, in full payment for the above work, the sum of FIVE HUNDRED FIFTY-FIVE THOUSAND, FIVE

HUNDRED NINETY -EIGHT DOLLARS AND SEVENTEEN CENTS
(555,598.17), which sum is to be paid according to the schedule and in the manner set forth herein and subject to additions, deductions, and withholding as provided in the Contract Documents. When it is provided in the Notice to Bidders, Instructions to Bidders, or Proposal Form that Contractor is to be paid on the basis of the unit prices shown in his bid, instead of a lump sum price, the Contractor agrees to accept, in full payment for the above work, the sum computed in accordance with the actual amount of each item of work performed or material furnished, at the unit price which Contractor bid for each such item in his Proposal Form, said unit price to be determined as provided in the Standard Specifications and Special Provisions.

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1. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by Authority, Authority will use its best efforts to cause Contractor to be paid the time frames set out below.

2. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

3. If this Agreement is extended pursuant to Section 1 “Schedule of Performance,” the Authority shall pay the same rates specified in Exhibit “B” “Compensation.”

B. Progress and Final Payments.

Based upon Applications for Payment submitted to the Indio Water Authority’s General Manager/Authority’s Engineer by CONTRACTOR and Certificates for Payment issued by the Authority General Manager/Authority Engineer, AUTHORITY shall make progress payments on account of the Contract Sum to CONTRACTOR upon submission of satisfactory invoices to AUTHORITY. This AGREEMENT is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article

1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to CONTRACTOR of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article.

C. Retention of Sums Charged Against Contractor. Authority will withhold 5% of amount owed Contractor from Progress Payments.

D. Substitution of Securities. Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by AUTHORITY to ensure performance under a contract, at the request and expense of CONTRACTOR.

Substitution of securities shall not be required in contracts in which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.), and where federal regulations or policies, or both, do not allow the substitution of securities.

Alternatively, CONTRACTOR may request that AUTHORITY make payment of retention earned directly to an escrow agent at the expense of CONTRACTOR.

At the expense of CONTRACTOR, CONTRACTOR may direct the investment of the payments into securities and CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by CONTRACTOR. Upon satisfactory completion of the contract, CONTRACTOR shall receive from the escrow agent all securities,

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interest, and payments received by the escrow agent from AUTHORITY, pursuant to the terms of this section.

Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by CONTRACTOR and AUTHORITY.

In accordance with Public Contract Code Section 22300(d)(1), if CONTRACTOR elects to receive interest on moneys withheld in retention by AUTHORITY, CONTRACTOR shall, at the request of any subcontractor performing more than five percent (5%) of CONTRACTOR's total bid, make that option available to the subcontractor regarding any moneys withheld in retention by CONTRACTOR from the subcontractor.

E. P
AYMENTS DO NOT IMPLY ACCEPTANCE OF WORK. The payment of any progress payment, or the acceptance thereof by Contractor, shall not constitute acceptance of the work or any portion thereof and shall in no way reduce the liability of Contractor to replace unsatisfactory work or material, though the unsatisfactory character of such work or material may not have been apparent or detected at the time such payment was made.

F. P
AYMENT OF UNDISPUTED CONTRACT AMOUNTS. Payment of undisputed contract progress payments or amounts is contingent upon Contractor furnishing the Authority with a release of all claims against the Authority arising by virtue of the contract related to those amounts. The Authority shall pay interest at the legal rate to the Contractor for any progress payment request not paid within thirty (30) days of submission when the validity of the request is not disputed and when the request has been properly submitted.

Any payment request determined by Authority not to be a proper request shall be returned to Contractor as soon as practicable, but not later than seven (7) days after receipt. A request returned pursuant to this paragraph shall be accompanied by a writing setting forth the reasons why the payment request is not proper.

G. ACCEPTANCE NOT RELEASE. Contractor shall correct immediately any defective or imperfect work which may be discovered before final acceptance of the entire work. Any unsatisfactory materials shall be rejected, notwithstanding that they may have been overlooked by the proper inspector. The inspection of the work, or any part thereof, shall not relieve Contractor of any of his obligations to perform satisfactory work as herein prescribed.

Failure or neglect on the part of the Authority or any of its authorized agents to condemn or reject bad or inferior work or materials shall not be construed to imply an acceptance of such work or materials if such becomes evident at any time prior to final acceptance of the entire work or all materials, nor shall such failure be construed as barring Authority at any subsequent time from recovering damages or of such a sum of money as may be required to build

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anew all portions of the work in which fraud was practiced or improper materials used whenever Authority may discover the same.

Contractor 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 Scope of Work unless such additional services are authorized in advance and in writing in accordance wi th the provisions of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Scope of Work.

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ECTION 6. INSPECTION AND FINAL ACCEPTANCE.

Authority may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. Authority shall reject or finally accept Contractor’s work within sixty (60) days after submitted to Authority.

Authority shall reject work by a timely written explanation, otherwise Contractor’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 Contractor’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.” S
ECTION 7. OWNERSHIP OF DOCUMENTS.

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

1. I
NTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, Contractor hereby assigns to Authority all of Contractor’s rights, title, and interest in and to the content of all deliverable materials created by Contractor or its employees, agents, or subcontractors, including copyrights, in connection with the Services performed under this Agreement. Contractor shall

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promptly execute and deliver, and shall cause its employees, agents, and subcontractors 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 Contractor and shall survive the termination of Contractor’s Services under this Agreement.

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ECTION 8. CONTRACTOR’S BOOKS AND RECORDS.

A. Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor 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 Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.

B. Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by 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 Contractor’s address indicated for receipt of notices, “Section 25,” 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

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due to dissolution or termination of Contractor’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 i ts successors in interest and authorized representatives.

SECTION 9. INDEPENDENT CONTRACTOR.

A. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of Authority. Contractor 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 Contractor shall at all times be under Contractor’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 Contractor or any of Contractor’s officers, employees, subcontractors or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that Contractor or any o f Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of Authority.

C. Neither Contractor, nor any of Contractor’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. Contractor expressly waives any claim Contractor may have to any such rights.

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ECTION 10. STANDARD OF PERFORMANCE AND LICENSURE.

A. GUARANTY:

1. General Warranty : Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non-conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship.

All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor f or the benefit of Authority, regardless of whether or not such warranties and guarantees have been transferred or assigned to Authority by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of Authority.

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2. Repair of Defects: Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by Authority of any defect in the Services or non -conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Services.

Contractor shall perform such tests as Authority may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this Section to the reas onable satisfaction of Authority, then Authority shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense.

Contractor shall be obligated to fully reimburse Authority for any expenses incurred hereunder upon demand.

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ONTRACTOR’S LICENSURE AND REGISTRATION REQUIREMENTS:

1. In accordance with Section 3300 of the Public Contract Code, CONTRACTOR has a Class “C- 57 Well Drilling” license which shall be maintained in good standing for the duration of CONTRACTOR 's work on the Project. Authority projects, as defined by Labor Code, shall be subject to compliance monitoring, reporting, and enforcement by the Department of Industrial Relations.

2. CONTRACTOR shall not enter into any contract without proof of the CONTRACTOR's current registration to perform public work under Labor Code section 1725.5. A contractor or subcontractor shall not be qualified to enter into, or engage in the performance of, any contract of public work (as defined by Division 2, Part 7, Chapter 1(§§1720 et seq.) of the Labor Code) unless currently registered and qualified under Labor Code section 1725.5 to perform public work unless the Small Project Exemption is applicable.

3. Pursuant to Section 1771.1(a) of the Labor Code:

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"A contractor or subcontractor shall not 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, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded."
CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on Authority projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.

Except as otherwise provided in Labor Code Section 1771.1(a), no contractor or subcontractor may be listed on a bid proposal for a Authority project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Nor may any contractor or subcontractor be awarded a contract for public work on a Authority project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations unless an applicable exemption relieves them of that duty.

Contractor 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. Contractor shall at all times faithfull y, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in p roviding services similar to the Services required of Contractor under this Agreement, and shall use such skill, prudence, and diligence as other members of Contractor’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 Contractor’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.

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SECTION 11. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Contractor 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. Contractor 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. Contractor represents and warrants that Contractor 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. Contractor 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 Contractor to comply with this section.

SECTION 12. PREVAILING WAGE LAWS.

All workers hired by Contractor, and all workers of subcontractors performing work for Contractor, must receive not less than the prevailing rate of per diem wages for work of a similar character in the locality in which Authority is located and be subject to the California prevailing wage laws, Labor Code Sec. 1720 et seq. The general rate of per diem wages for each craft, classification or type of worker are on file at the Authority’s offices. Statutory provisions for penalties for failure to pay prevailing wages and/or the State wage and hour laws will be enforced. Contractor shall comply with State requirements regarding the employment of apprentices. Eight hours’ labor constitutes a legal day’s work. Contractor must secure payment of Workers Compensatio n Insurance as required by Labor Code Sections 1860 and 3700.

A. Wage rates for this Project shall be in accordance with the General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1, for Riverside County. Wage rates shall conform with those posted at 83-101 Avenue 45, Indio, CA 92201, and the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this AGREEMENT:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

C. RECORD AUDIT Contractor shall comply with State requirements relating to the retention, maintenance and inspection of certified payroll records. In

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accordance with Government Code, Section 8546. 7, records of both AUTHORITY and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

SECTION 13. NONDISCRIMINATION.

Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sexual orientation, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

SECTION 14. UNAUTHORIZED ALIENS.

Contractor 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 Contractor 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, Contractor 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.

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ECTION 15. CONFLICTS OF INTEREST.

A. Contractor 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 Contractor’s performance of the Services. Contractor 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. Contractor 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 Contractor 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.

Contractor 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 Contractor 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.

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D. Upon request of the Authority, Contractor shall complete a Levine Act Statement.

SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.

B. Contractor, its officers, employees, agents or subcontractors, 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, testimo ny 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 Contractor gives Authority notice of such court order or subpoena.

C. If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then Authority shall have the right to reimbursement and indemnity from Contractor for any damages, cos ts and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct.

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

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ECTION 17. INDEMNIFICATION.

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agents, employees, or subcontractors (or any agency or individual that Contractor shall bear the legal liability thereof) negligence, recklessness or willful misconduct in the performance of work on and/or connected with the Project or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the Indemnified Parties. Should conflict of interest principles preclude a single attorney from representing both Agency and Contractor, or should Agency otherwise find Contractor’s attorney unacceptable, then Contractor shall reimburse the Agency its costs of defense, including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnified Parties with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful act, omission or performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

B. Payment by AUTHORITY is not a condition precedent to enforcement of the indemnities in this section. In the event of any dispute between CONTRACTOR and AUTHORITY, as to whether liability arises from the active negligence, sole negligence, or willful misconduct of AUTHORITY or its officers, employees, or agents, CONTRACTOR will be obligated to pay for AUTH ORITY's defense until such time as a final judgment has been entered adjudicating AUTHORITY as having been actively negligent, solely negligent, or as hav ing engaged in willful misconduct. CONTRACTOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not

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limited to attorneys' fees, expert fees, and costs of litigation. The provisions of this Section shall survive completion of CONTRACTOR's services or the termination of this AGREEMENT.

E. C
LAIMS. This AGREEMENT is also subject to the provisions of Public Contract Code Section 9204, which provides for the submission and resolution of specified claims by CONTRACTOR, including provisions governing the type of claims that may be submitted, the time t o respond to such claims, and alternative dispute resolution procedures. The provisions of Section 9204 are incorporated herein by reference, and to the extent CONTRACTOR asserts a claim specified by Section 9204, CONTRACTOR shall comply with all provisions set forth in Section 9204 in submitting a claim to AUTHORITY.

SECTION 18. INSURANCE.

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waiver if so approved in writing by the Executive Director. Contractor shall provide Authority with copies of required policies upon request.

SECTION 19. ASSIGNMENT.

The expertise and experience of Contractor 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 Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’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 21 “Termination of Agreement.” Authority acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

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ECTION 20. CONTINUITY OF PERSONNEL.

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ECTION 21. TERMINATION OF AGREEMENT.

A. TERMINATION FOR BREACH OF CONTRACT.

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work and prosecute the same to completion by Contract, or otherwise, for the account and at the expense of Contractor, and his Surety shall be liable to Authority for any excess cost occasioned Authority thereby, as hereinafter set forth.

If Contractor should abandon the work under this Contract, or if the Contract or any portion of the Contract should be sublet or assigned without the consent of the Board, or if the Authority Engineer should be of the opinion that the conditions of the Contract in respect to the rate of progress of the work are not being fulfilled or any part thereof is unnecessarily delayed, or if Contractor should willfully violate or breach, or fail to execute in good faith, any of the terms or conditions of the Contract, or if Contractor should persistently refuse or fail to supply enough properly skilled labor or materials, or fail to make prompt payment to subcontractors for material or labor, or persistently disregard laws, ordinances, or proper instruction or orders of the Engineer, then, notwithstanding any provision to the contrary herein, the Board may give Contractor and his Surety written notification to immediately correct the situation or the Contract shall be terminated.

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Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 “Compensation and Method of Payment” of this Agreement.

C. Upon written notice, Authority may suspend all or any portion of Contractor’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 Contractor a sum e quivalent 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 Contractor with written notice of the rescission, at which time Contractor would be required to resume performance in compliance with the terms and provisions of this Agreement.

Contractor will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwis e agreed to in writing by the Parties.

E. In addition to any other rights it may have, Authority may terminate this Contract at any time after the Completion Date as adjusted by any extensions of time for excusable delays that may have been granted. Upon such termination Contractor shall not be entitled to receive any co mpensation for services rendered by him before or after such termination, and he shall be liable to Authority for liquidated damages for all periods of time beyond such termination date until the work is completed.

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ECTION 22. DEFAULT.

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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 Contractor does not cure the default, the Authority may take necessary steps to terminate this Agreement under Section 21 “Termination of Agreement.” Any failure on the part of the Authority to give notice of the Contractor’s default shall not be deemed to result in a waiver of the Authority’s legal rights or any rights arising out of any provision of this Agreement.

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ECTION 23. CLAYTON AND CARTWRIGHT ACTS.

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ECTION 24. COOPERATION BY AUTHORITY.

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ECTION 25. NOTICES.

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

To Contractor: General Pump Company, Inc.

Attn: Tim Oman, President
159 N. Acacia Street
San Dimas, CA 91773

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SECTION 26. RECORD AUDIT.

In accordance with Government Code section 8546.7, records of both the Agency and the Contractor shall be subject to examination and audit by the [Auditor General] for a period of three (3) years after final payment.

SECTION 27. FINAL PAYMENT.

SECTION 28. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF

PROJECT
In the event Contractor fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the Contractor for a pe riod of three (3) calendar days after receipt of written demand from Agency or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, or to prosecute its work and all parts thereof in a diligent and workmanlike manner, then the Agency may exclude the Contractor from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the Agency to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the Agency, shall be a charge against the Contractor, and may be deducted from any money due or becoming due to Contractor from Agency, or Contractor shall pay Agency the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement, shall become liable for payment should Contractor fail to pay in full any said cost incurred by the Agency.

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ECTION 29. AUTHORITY TO EXECUTE.

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ECTION 30. ADMINISTRATION AND IMPLEMENTATION.

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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 33 “Amendment” and the Executive Director’s contracting authority under the Indio Municipal Code.

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ECTION 31. BINDING EFFECT.

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

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ECTION 32. AMENDMENT.

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ECTION 33. 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.

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ECTION 34. LAW TO GOVERN.

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ECTION 35. LIQUIDATED DAMAGES.

Pursuant to Government Code section 53069.85, if work is not completed within durations established for the individual activities as set forth in the Project Schedule, it is understood, acknowledged, and agreed Agency will suffer damage. It is therefore agreed that Contractor shall pay to Agency the sum of ONE THOUSAND DOLLARS ($1,000.00) for each and every calendar day of delay beyond any completion schedule, construction schedule, or Project milestones established in or pursuant to

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the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Project activity.

Contractor expressly understands, acknowledges, and agrees that such liquidated damages can and shall be imposed if the Contractor does not meet each and every aspect of any activity schedule, completion schedule, construction schedule, or Project milestones established in or pursuant to the [Project Schedule]. If the Agency accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding a completion schedule, the [Project Schedule] or the accrual of liquidated damages. In the event the same is not paid, Contractor further agrees that Agency may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement.

This article does not exclude recovery of damages under provisions of the Agreement, and is expressly in addition to the Agency’s ability to seek other damages.

Contractor is to refer to [ Project Schedule ] for duration of individual activities.

Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity on the [ Project Schedule], unless the time for such activity has been extended by mutual agreement of the parties and confirmed in writing.

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ECTION 36. SUBSURFACE HAZARDOUS MATERIALS.

2. Subsurface or latent physical conditions at the site differing from those indicated.

C. In the event a dispute arises between the Agency and the Contractor whether the conditions materially differ, or involve hazardous waste or cause a

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decrease or increase in the Contractor's cost of or time required for performance of any part of the Project, the Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.

SECTION 37. BONDS; SECURITY.

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ECTION 38. CORPORATION IN GOOD STANDING.

If Contractor is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that TIM OMAN whose title is PRESIDENT, is authorized to act for and bind the corporation.

SECTION 39. CONTRACTOR’S LICENSE.

S
ECTION 40. COMPLIANCE WITH STATUTES AND REGULATIONS.

Contractor will be knowledgeable of and will comply with all applicable federal, state, local, county, and city statutes, rules, regulations, ordinances, and orders.

S
ECTION 41. PROVISIONS REQUIRED BY LAW.

S
ECTION 42. TIME OF ESSENCE.

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

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Authority Agreement - WT-WW0S24
Page | 27
SECTION 43. ENTIRE AGREEMENT.

S
ECTION 44. SEVERABILITY.

SECTION 45. FEDERAL FUNDS.

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

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Authority Agreement - WT-WW0S24
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

INDIO WATER AUTHORITY

_______________________ OR ________________________
President Executive Director

ATTEST:

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

GENERAL COUNSEL
By: ___________________________
Steven Graham Pacifico
General Counsel

CONTRACTOR -
GENERAL PUMP COMPANY, INC.

By: ___________________________
Tim Oman
President

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Exhibit A – Scope of Services - WT-WW0S24
Page | 1
EXHIBIT “A”

SCOPE OF SERVICES

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.

PROJECT LOCATION. The project is located at the Indio Water Authority’s Well S, located on the north side of Avenue 49, approximately 1,300 feet east of Jefferson Street, in the City of Indio. The project will consist of routine maintenance of Well S.

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Exhibit B – Compensation - WT-WW0S24
Page | 1
EXHIBIT “B”

COMPENSATION

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ADDENDUM 1 - INSURANCE
Prior to the beginning of and throughout the duration of the Project, Contractor and its subcontractors shall maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so or to procure insurance coverage to satisfy the requirements.

General liability insurance. Contractor 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, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Umbrella or excess liability insurance. [If required to meet higher limits].

• 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

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Page | 2
part for any reason, other than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.

Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees, and volunteers.

Builder’s risk (course of construction). Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder’s risk (course of construction) coverage for the entire duration of the Project until only the Agency has an insurable interest. The builder’s risk coverage shall include the following:

The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All subcontractors (excluding those solely

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Page | 3
responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project.

Policy shall be provided for replacement value on an “all risk” basis for the completed value of the Project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sublimits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; and (7) coverage with sublimits sufficient to insure the full replacement value of any property or equipment stored either on or off the site or any staging area.

Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction.

Other provisions or requirements.

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to require complete, certified copies of all required insurance policies, at any time and Contractor agrees to provide the same.

Duration of coverage. Contractor shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, subcontractors or subconsultants. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. Agency and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years after Project completion.

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of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.

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Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability . The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the Project by Contractor (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements required of Contractor under this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Contractor’s subcontractor cannot comply with this requirement, which proof must be submitted to the Agency in writing, Contractor may still be able to utilize the subcontractor provided Consultant shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the Contractor, but in all other terms consistent with the Contractor’s re quirements under this Agreement. This provision does not relieve the Contractor of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Contractor with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Contractor under this Agreement given the limited scope of work or services provided by the subcontractor. Contractor agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to Agency for review.

Self-insured retentions. Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigati ons, claim administration, and defense expenses within the retention through confirmation from the underwriter.

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Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of its work on the Project.

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Addendum 2 – Bonds - WT-WW0S24
Page | 1

LABOR AND MATERIALS BOND

Whereas, the Indio Water Authority’ Governing Board of the City of Indio, State of California, and _____________________________________(hereinafter designated as “the Principal”) have entered into an agreement whereby the Principal agrees to install and complete certain designated public improvements, whic h agreement, dated ________________________, 2024, and identified as project Well S REHABILITATION Project WT-WW0S24, is hereby referred to and made a part hereof; and

Now, therefore, the Principal and the undersigned as corporate surety, are held firmly bound unto the Authority and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of ___________________________________dollars ($__________________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemplo yment 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 attorney’s fees, incurred by county (or Authority) 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.

Should 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.

In witness whereof, this instrument has been duly executed by the principal and surety above named, on ____, 2025.

_______________________ _____________________
Principal Surety

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PERFORMANCE BOND

Whereas, the Indio Water Authority’ Governing Board of the City of Indio, State of California, and ____ ___________________________________(hereinafter designated as “Principal”) have entered into an agreement whereby Principal agrees to install and comple te certain designated public improvements, which agreement, dated ____, 2024 and identified as Well S REHABILITATION Project WT-WW0S24 is hereby referred to and made a part hereof; and

Whereas, said Principal is required under the terms of such agreement to furnish a bond for the faithful performance of said agreement.

Now, therefore, we, the Principal and ______________________, as surety, are held and firmly bound unto the Indio Water Authority hereinafter called (“Authority”), in the penal sum of ________________________________________dollars ($__________________) lawful money of the United States, 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.

In witness whereof, this instrument has been duly executed by the Principal and surety above named, on ________________ 2025.

__________________ ___________________
Principal Surety

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City Council
June 18, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Change Order No. 1 with RJ Noble Company in the amount of $540,007.00 for additional work for the Annual Grind and Overlay Project (City Project No. ST2505); and authorize the City Manager to execute the Change Order

RECOMMENDATION:

Approve Change Order No. 1 with RJ Noble Company in the amount of $540,007.00 for additional work for the Annual Grind and Overlay Project (City Project No. ST2505); and authorize the City Manager to execute the Change Order.

SUMMARY:

City Council approval is requested for Contract Change Order No. 1 to the Annual Grind and Overlay Project, which will increase the contract with RJ Noble Company by $540,007.00. This change order includes additional pavement rehabilitation at seven downtown parking lots, as well as an increase to the concrete repair allowance. Concrete repairs may include sidewalks, curbs and gutters, and ADA ramp improvements throughout the project area.

BACKGROUND INFORMATION:

On February 19, 2025, the City Council awarded a contract to RJ Noble Company in the amount of $7,290,811 for the Annual Grind and Overlay Project (ST2505).

In alignment with the City’s Pavement Management System Plan, specific streets and roadways are selected annually for rehabilitation to extend their service life. Asphalt grinding and overlay remains the most cost-effective method for maintaining both residential and arterial roads.

Staff is now seeking approval of Change Order No. 1, which reflects a net increase of $540,007.00.

This change includes additional pavement rehabilitation at seven downtown parking lots, as well as an increase to the concrete repair allowance to address damaged sidewalks, curbs and gutters, and ADA ramps throughout the project area.

Expanding the project scope at this stage allows the City to take advantage of cost savings through reduced contractor mobilization, favorable bid pricing, and overall economies of scale.

FINANCIAL SUMMARY:

AGENDA ITEM #8.17
Change Order No. 1 with RJ Noble Company in the amount of $540,007.00 fo... Page 307 of 729 Current FY Financial
Impact:
$0 In current year budget: No
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$540,007.00 Strategic Objective: Community Infrastructure Source of funds: Capital Improvement Projects Fund-Org-Object Reference:
300-523006

Additional Financial Details:

In FY 2025/26 project number ST2505 PMS Street Rehabilitation has $8,541,096 budgeted for this project.

Sufficient funds are available to cover the original contract amount of $7,290,811 and the additional $540,007 requested for this Contract Changer Order 1.

ATTACHMENTS:

Attachment 1 - Change Order 1 - Project No. ST2505
Attachment 2 - Exhibit-Downtown

APPROVAL(S):

Juan Raya, City Engineer Approved - 10 Jun 2025
Timothy Wassil, Public Works Director Approved - 10 Jun 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 11 Jun 2025 Ruby D. Walla, Director of Finance Approved - 12 Jun 2025 Bryan H. Montgomery, City Manager Approved - 12 Jun 2025

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CHANGE ORDER 1
PROJECT NO. ST2505

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100 Civic Center Mall, Indio, CA 92201

@cityofindio 760-391-4000 Indio.org

CITY OF INDIO

PUBLIC WORKS DEPARTMENT
PROJECT: ST2505 Annual Grind and Overlay Project
CONTRACTOR: ATP General Engineering
CHANGE PROPOSED: The following extra work items involve grinding and overlaying 112,000 SQFT at seven downtown parking lots, as listed in the attached exhibit, and increasing the concrete repair allowance.

The costs for these extra work items include all labor, materials, and equipment necessary to complete the work, representing the full in-place cost for each item. The total amount for Contract Change Order No. 1 reflects a net increase of $540,007.00

THE FOLLOWING ARE EXTRA WORK ITEMS:

Item No. 1: Add 2” Grind and Overlay at seven parking lots

Description:

Complete additional 112,000 SQFT of 2” grind and overlay improvements at seven Parking Lots

Item No. 2: Increase Concrete Repair Allowance

Description:

Complete additional concrete repair throughout the project. Concrete Repair may include sidewalk, curb & gutter and ADA ramp improvements.

City Project No.: ST2505
Date: 5/28/25
Contract Change Order No.: 001

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CA 92201

CHANGE ORDER #1
Agreed CCO #1 Price $540,007.00
Original Contract Amount $7,290,811.00
Previously Approved CCO’s $0.00
Total Revised Contract Amount: $7,830,818.00

END OF CONTRACT CHANGE ORDER #1 – SIGNATURE PAGE FOLLOWS

Prepared by Public Works
Manager

Ricardo Mercado Date

Reviewed by Public Works
Director:

Timothy Wassil, P.E. Date

Approved by Contractor:

Hassan Bitar
RJ Noble Company Date

Approved by City Manager:

Bryan H. Montgomery Date

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RJ NOBLE COMPANY, A CALIFORNIA CORPORATION
4211 Ponderosa Ave. Suite C
San Diego, CA 92123
Phone: (619) 530-8541
CSLB #782908-A & C12 exp. 8-31-2026 / DIR #1000004235
To: Contact:City Of Indio
Indio Overlay 24/25-Additional Parking Lots REVISEDProject Name: Bid Number:

Fax:Indio, CA 92201
Address: 100 Civic Center Mall Phone:

Project Location: Bid Date:5/22/2025
RJ NOBLE is Signatory with Local 12 Operating Engineers and Local 89 Laborers Total PriceUnit PriceUnitItem DescriptionItem # Estimated Quantity $32,500.00$32,500.00101
$87,360.00$0.78102

1.00 LS
112,000.00 SF
$207,147.00$142.86103 1,450.00 TON

1.00 LS $38,000.00$38,000.00105
Temporary Traffic Control
Grind And Remove 2" Paving
Construct 2" And 4" Hot Mix Asphalt
Striping
$540,007.00Total Price for above Items:

Notes:
• Price is strictly to remove and replace 2" HMA and ATP can not guarantee drainange and/or grades • HMA used is per contract specifications
• No tree removal
• No electrical work of any kind
• No separate mobilization priced for this work
• Price is good if accepted no later than Friday 05/30/2025

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106 Additional Concrete Work on T&M 1.00 LS $175,000.00 $175,000.00

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DOWNTOWN EXHIBIT

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100 Civic Center Mall, Indio, CA 92201

@cityofindio 760-391-4000 Indio.org

Exhibit-Downtown

7 5
1 2
6 4

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City Council
June 18, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Construction contract with Vintage Associates, Inc., in an amount not-to- exceed $125,945 for the Avenue 42 Median Improvements Project

RECOMMENDATION:

Approve the project plans and specifications for the Avenue 42 Median Improvements Project; and award a construction contract to Vintage Associates, Inc., in an amount not-to-exceed $125,945, and authorize the City Manager to execute the contract.

SUMMARY:

City staff conducted an informal bidding process for landscape improvements within the Avenue 42 median east of Jackson Street. Two proposals were received — one from Excel Landscape and one from Vintage Associates, Inc. After a thorough bid analysis and due diligence, Vintage Associates inc. was selected as the preferred contractor based on their comprehensive scope of work, competitive pricing, and alignment with the City’s design intent.

BACKGROUND INFORMATION:

This project consists of landscaping and irrigation improvements within the Avenue 42 median east of Jackson Street. The improvements include installation of date palms, shrubs, desert accent plants, mulch, cobblestone, boulders, irrigation infrastructure, and concrete mow curbing.

An informal bidding process was conducted, and two proposals were received — one from Excel Landscape and one from Vintage Associates, Inc. A summary of the bids received is provided below.

Proposer Name Total Bid
Vintage Associates, Inc. $125,945.00
Excel Landscape, Inc. $161,688.50

Based on scope and price, staff recommends awarding the project to Vintage Associates, Inc. in the amount of $125,945.

10480, No. Resolution approved Council 2, the 2025, conditionally April On City approving amendments for the Greens at Indio Project. Included in the Section Prior to Issuance of a Certificate of Occupancy: requires the developer, Can Do LLC, to pay 75% of the total cost for the AGENDA ITEM #8.18
Construction contract with Vintage Associates, Inc., in an amount not-to... Page 315 of 729 Avenue 42 median landscaping and irrigation improvements. As a result, the City is only responsible for the remaining 25% of the project cost, which amounts to $31,486.25 of the $125,945 total.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: No
Current FY General
Fund Impact:
$0 Budget adjustment: Yes
Next FY Financial
Impact:
$125.945 Strategic Objective: Community Infrastructure Source of funds: Developer, General Fund Fund-Org-Object Reference:
300-5230006

Additional Financial Details:

The FY 2025/26 Capital Improvement Program (CIP) budget includes $500,000 for Project PK2407:

Roadway and Parkway Landscaping Improvements. Staff recommends allocating $125,945 from FY 2025/26 budget to fund the construction costs associated with the project.

As stipulated in the development conditions for the Greens at Indio project, the developer is responsible for covering 75% of the total cost, equating to $94,458.75, prior to the issuance of their Certificate of Occupancy. The remaining 25%, or $31,486.25, is the City’s funding share. Staff recommends that the developer’s contribution of $94,458.75 be deposited back to PK2407 budgeted funds, ensuring full cost recovery and continued funding availability for future improvements.

ATTACHMENTS:

Attachment 1 - Agreement with Vintage Landscape
Attachment 2 - Site Map Ave 42 Median Site

APPROVAL(S):

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AGREEMENT WITH VINTAGE LANDSCAPE

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PUBLIC WORKS AGREEMENT

BY AND BETWEEN

THE CITY OF INDIO,

A CALIFORNIA MUNICIPAL CORPORATION
AND

VINTAGE ASSOCIATES

A CALIFORNIA CORPORATION
Form Approved January 2025

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AGREEMENT
FOR AVENUE 42 MEDIAN LANDSCAPING

BETWEEN THE CITY OF INDIO AND Vintage Associates

THIS P UBLIC WORKS CONSTRUCTION AGREEMENT (“Agreement”) is made and entered into this 18TH day of June, 2025 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation organized as a general law city and Vintage Associates, a California Corporation , licensed to do business in California( “Contractor”). For the purposes of this Agreement City and Contractor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought by formal bid process to contract for the performance of landscaping construction/public works services pertaining to the Avenue 42 Median Landscaping, defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.

2. Contractor was selected by City to perform those services as the lowest responsive and responsible bidder.

3. The amount of this contract exceeds that allowed under Chapter 33.124 for informal construction contracts.

4. Pursuant to the Chapter 33.115 and following of the Indio Municipal Code, City has authority to enter into this Agreement pursuant to the approval of the City Council.

5. The Parties desire to formalize the selection of Contractor for performance of those services defined and described with particularity 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.

SECTION 1. SCOPE OF WORK.

This is a public works contract pursuant to the provisions of the California Public Contract Code and other California statutes. Definitions for the terms used are

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defined in the General Specifications for the Project; all days set out shall be calendar days unless otherwise provided.

A. Contractor shall perform within the time set forth in this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the construction of landscaping and irrigation improvements for the Avenue 42 Median Project (“Project”).

B. By entering into this Agreement, Contractor acknowledges there may be other contractors on the site whose work will be coordinated with that of its own.

Contractor expressly warrants and agrees it will cooperate with other contractors and will do nothing t o delay, hinder, or interfere with the work of other separate contractors, the Agency, the Construction Manager. Contractor also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contrac tor, its sole remedy will be direct action against the separate contractor. To the extent allowed by law, the Contractor will have no remedy, and hereby expressly waives any remedy against the Agency, the Construction Manager on account of delay, hindrance, interference, or other events caused by a separate contractor.

SECTION 2. SCHEDULE OF PERFORMANCE.

A. COMMENCEMENT AND PROSECUTION OF WORK. CONTRACTOR shall begin work within TEN (10) working days of the date of the Notice to Proceed and shall diligently prosecute the same to completion before the expiration of Thirty (30) WORKING DAYS , after the date of Notice to Proceed. The phrase "commence the work" means to engage in a continuous program on -site including, but not limited to, site clearance, grading, dredging, land filling and the fabrication, erection, or installation of the work . Said Notice to Proceed shall be issued following execution of the Agreement and the filing by Contractor of the required bonds and proof of insurance. The continuous prosecution of work by Contractor shall be subject only to Excusable Delays as defined in this Agreement.

B. TIME OF COMPLETION. CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total w ork of all individual Prime Contractors to CITY comprises the entire "Project" and shall be commenced and completed in conformance with the Project Construction Schedule. The entire Project shall be completed within Thirty (30) consecutive working days ("Contract Time").

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C. Extensions of Time . In the event City deems it necessary, in its sole discretion, to extend the time of completion of work to be done under this Contract beyond the required Completion Date herein specified, such extensions shall in no way release any guarantee given by Contractor pursuant to the provisions of the Contract Documents, nor shall such extension of time relieve or release the sureties on the bonds executed pursuant to said provisions. By executing such bonds, the sureties shall be deemed to have expressly agreed to any such extension of time. The amount of time allowed in any extension of time shall be limited to the period of excusable delay as defined herein giving rise to the same as determined by City Engineer.

D. Excusable Delays. For the purpose of these Contract Documents, the term "Excusable Delays" shall mean, and is limited to, delays caused directly by acts of God, acts of the public enemy, fires, riots, insurrections, epidemics, quarantine restrictions, strikes, lockouts, si t-downs, acts of a governmental agency, priorities or privileges established for the manufacture, assembly, or allotment of materials necessary in the work by order, decree, or otherwise of the United States or by any department, bureau, c ommission, committee, agent, or administrator of any legally constituted public authority; changes in the work ordered by City insofar as they necessarily require additional time in which to complete the work; the prevention by City of Contractor from commencing or prosecuting the work because of the acts of others, excepting Contractor's subcontractors; or the prevention of Contractor from commencing or prosecuting the work because of a City-wide failure of public utility service.

The term "Excusable Delay" shall specifically not include: (1) any delay which could have been avoided by the exercise of case, prudence, foresight, and diligence on the part of Contractor; (2) any delay in the prosecution of parts of the work, which may i n itself be unavoidable but which does not necessarily prevent or delay the prosecution of other parts of the work, nor the completion of the whole work within the time specified; (3) any reasonable delay resulting from time required by City for review of plans and submittals required of Contractor and for the making of surveys, measurements and inspections; and (4) any delay arising from an interruption in the prosecution of the work on account of the reasonable interference from other Contractors employed by City, which does not necessarily prevent the completion of the work within the time specified. Excusable Delays, if any, shall operate only to extend the Completion Date (not in excess of the period of such delay as determined by the City) but shall no t under any circumstances increase the sum City is to pay Contractor as provided in these Contract Documents.

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Indio City CouncilJune 18, 2025

Indio City Council
June 18, 2025