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(f) UNDUE INFLUENCE: Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the Authority in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement or financial inducement. No officer to employee of the Authority 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 p rovision shall be a material breach of this Agreement entitling the Authority to any and all remedies at law or in equity. (g) During the time of their tenure with the Authority and for one thereafter, no member, officer or employee of Authority , or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the services under this Agreement 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 Authority without prior written authorization from the Executive Director, except as may be required by law.
(b) Consultant, its officers, employees, agents or subcon sultants, shall not, without prior written authorization from the Executive Director or unless requested by the General Counsel of Authority, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Authority notice of such court order or subpoena.
(c) Consultant shall promptly notify Authority should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for 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 Consultant or be present at any deposition, hearing or similar proceeding. Unless Consultant is adverse to Authority, Consultant agrees to cooperate fully with Authority and to provide Authority with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any
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such response does not imply or mean the right by Authority 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 Authority shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
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 Authority) and hold harmless Authority 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 who le 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 Authority shall not extend to the Authority’s sole or active negligence or willful misconduct.
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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 Authority, Consultant shall defend the Indemnified Parties at Consultant’s cost or at Authority’s option, to reimburse Authority 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 Authority is not a condition precent to enforcement of this provision.
In the event of any dispute between Consultant and Authority, as to whether liability arises from the sole or active negligence or willful misconduct of Authority or its officers, employee, or agents, Consultant will be obligated to pay for Authority’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as sole ly 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 Authority's specifications, which shall have no force and effect.
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DESIGN PROFESSIONAL INDEMNITY OBLIGATIONS. To the maximum extent permitted by law, Consultant shall defend, hold harmless and indemnify Authority, 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
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 Authority.
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PPLICABLE TO ALL CONSULTANTS:
PROMPT PAYMENT OF JUDGEMENT. Consultant shall promptly pay any judgment rendered against Authority or any Authority Personnel for any such claims or liabilities incurred due to Consultant’s.
CLAIMS. Any claim by Consultant against Authority 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 Authority 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 Authority as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Executive Director. Consultant agrees to provide Authority with copies of required policies upon request.
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.
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ONWAIVER OF RIGHTS. Indemnitees do not and shall not waive any rights that they may possess against Consultant on the basis of acceptance by Authority, or the deposit with Authority, of any insurance policy or certificate required pursuant to this Agreement.
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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.
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ECTION 18. ASSIGNMENT.
The expertise and experience of Consultant are material considerations for this Agreement. Authority has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agree ment 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 Authority, which may be given in the sole and absolute discretion of the Executive Director. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling Authority to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.”
Authority acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subconsultants. Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide Authority 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 Authority as an indem nified party, or 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 Authority for such insurance.
Consultant may use assistants, under its direct supervision, to perform some of the services under this Agreement. Consultant shall provide Authority at least fourteen (14) days’ notice prior to the departure of such assistant from this employe.
Should such assistant leave Consultant’s employ, the Authority 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 Authority.
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ECTION 19. RESERVED
SECTION 20. TERMINATION OF AGREEMENT.
(a) Authority 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.
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(b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to Authority.
(c) If either Consultant or Authority fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or Authority may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or Authority, all property belonging exclusively to Authority which is in Consultant’s possession shall be returned to Authority . Consultant shall furnish to Authority a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payme nt” of this Agreement.
(e) Upon written notice, Authority may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. Authority will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. Authority may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement.
Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 21. DEFAULT.
In the event that Consultant is in default under the terms of this Agreement, the Authority shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the Authority may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is thirty (30) days, which may be extended or reduced, if circumstances warrant. During the period of time that Consultant is in default, the Authority shall hold all invoices and shall, when the default is cured, proceed with payment on approved invoices. In the alternative, the Authority may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the Authority may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the Authority to give notice of the Consultant’s default shall not be 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 22. EXCUSABLE DELAYS.
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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.
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ECTION 23. 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 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:
T
O AUTHORITY: Indio Water Authority
Attn: Executive Director
100 Civic Center Mall
Indio, CA 92201
cc: Authority 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.
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SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the Executive Director or his or her designated representative. The Executive Director shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the Executive Director’s contracting authority under the Indio Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by Authority in the same manner as the Agreement was approved. Notwithstanding, the Executive Director shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the Executive Director’s contracting authority under the Indio Municipal Code. All other amendments shall be approved by the Board. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by Authority of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
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ECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California.
In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
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ECTION 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.
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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 Authority prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding. 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 representations set forth here and upon each party’s own independent investigation of any and all facts such party deems materials.
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ECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s) and all other parts, provisions or representations herein shall remain in full force or effect.
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ECTION 34. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:
1. Insurance requirements (“Addendum 1”)
2. All Exhibits and Addendums
3. All amendments
4. Consultant’s proposal, if any
5. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by Authority to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, Exhibits and Addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.
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SECTION 35. TIME OF ESSENCE.
Time is of the essence for each and every provision of this Agreement.
SECTION 36. FEDERAL FUNDS.
In the event the Services are funded either in whole or in part by a federal grant, Consultant shall comply with the requirements of Addendum “2” “Federal Funds.”
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
INDIO WATER AUTHORITY
___________________________
Bryan H. Montgomery
Executive Director
ATTEST:
SECRETARY
By: ___________________________
Sabdi Sanchez, MMC
Director of City Clerk Services
APPROVED AS TO FORM:
GENERAL COUNSEL
By: ___________________________
Steven Graham Pacifico
General Counsel
CONSULTANT:
By:
Its: [TITLE]
Attachments:
Exhibit A- Scope of Services
Exhibit B- Compensation
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Attachments - Continued
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 Authority, 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 Authority. 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:
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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.
AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
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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 Authority, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Authority, its officers, agents, employees and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at
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Exhibits
least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop- down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
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.
PROOF 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.
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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.
PRIMARY/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.
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UTHORITY’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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Exhibits
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 right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subconsultants.
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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.
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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.
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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.
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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.
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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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Exhibits
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.
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UTHORITY’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 in 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 Authority.
(A) OTHER REQUIREMENTS. Consultant shall deposit with Authority, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy Authority that the insurance provisions of this contract have been complied with. The General Counsel may require that Consultant furnish Authority with copies of original endorsements effecting coverage required by this Section.
The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Authority reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the Authority, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.
2. Any deductibles or self -insured retentions must be declared to and approved by Authority. At the option of Authority, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects Authority or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Consultant shall be primary and any insurance or self- insurance procured or maintained by Authority shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of Authority before the Authority’s own insurance or self -insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Authority, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against
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Exhibits
Authority, 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 Authority 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, Authority’s Conflict of Interest Code (on file in the City Clerk’s Office). It is incumbent upon the Consultant to notify the Authority of any staff changes relating to this Agreement. The Executive Director 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 Indio Water Authority’s Governing Board), 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 H. Montgomery, Executive Director (Consultant Signature and Title)
B. In accomplishing the scope of services of this Agreement, Consultant will be performing a specialized service for the Authority, 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 Authority’s Conflict of Interest Code.
_________________________________ ______________________________ Brian H. Montgomery, Executive Director (Consultant Signature and Title)
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Exhibits
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 Indio Water Authority.
Indio Water Authority’s Governing Board Members as of the date of this document:
Glenn Miller
Elaine Holmes
Oscar Ortiz
Waymond Fermon
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 Indio Water Authority’s Governing Board 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 Indio Water
Authority’s Governing Board 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 Indio Water Authority from awarding a contract to your firm. It may, however, preclude the identified Board Member from participating in the contract award process for this contract.
DATE (SIGNATURE OF CONSULTANT)
(PRINT NAME)
(NAME OF COMPANY)
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EXHIBIT “F”
REQUEST FOR PROPOSAL
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EXHIBIT “G”
CONSULTANT’S PROPOSAL
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July 2025
SIERRA CONTROLS, LLC
Request for Qualifications (RFQ) for On-Call SCADA
Integration, Support, and Programming Services
Prepared For: Indio Water Authority
Attn: Miguel Peña & Francine Archuleta
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TABLE OF CONTENTS
CONTENTS
COVER PAGE ................................ ................................ ................................ ............................. 1 TABLE OF CONTENTS................................ ................................ ................................ ............... 2 A. WORK PROPOSAL COVER PAGE ................................ ................................ ...................... 3 a) LETTER OF INTRODUCTION ................................ ................................ ......................... 4 b) SCOPE OF WORK ................................ ................................ ................................ ........... 5 c) QUALIFICATIONS STATEMENT ................................ ................................ ............... 6-13 B. COST PROPOSAL COVER PAGE ................................ ................................ ...................... 14 a) RATE SCHEDULE ................................ ................................ ................................ .... 15-16
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A. WORK PROPOSAL
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5470 LOUIE LANE, SUITE 104 • RENO, NV 89511
CA CONT LIC # 989422 • NV CONT LIC # 0077744
LETTER OF INTRODUCTION
July 6, 2025
Indio Water Authority
83-101 Avenue 45
Indio, CA 92201
Attn: Miguel Peña & Francine Archuleta
Re: Letter of Introduction
Dear Miguel & Francine,
Sierra Controls is pleased to provide the attached request for qualification (RFQ) packet for the Indio Water Authority (IWA) On-call SCADA Integration, Support, and Programming Services Project. Tasks include planning, managing, consulting, as well as assisting in the installation, operation, and maintenance of the Indio Water Authority SCADA system.
Sierra Controls has 50 years of experience providing these types of services to our clients in Nevada , California and other states and hopes to continue our valuable and in-depth relationship with IWA. Our skill set and company focus are aligned with the contractor’s tasks and responsibilities represented on the requested RFQ including but not limited to the Project Management, Project Engineering and Design Services, GeoSCADA & Ignition Programming, Cloud Based SCADA Services, Installation Services, and Training Activities.
It is the intention of Sierra Controls to provide the requested services as outlined in the RFQ’s Section III Scope of Services. We realize the specific nature of critical infrastructure and understand the need for ongoing support to ensure success for the Indio Water Authority and its stakeholders.
Sierra Controls would like to express its gratitude for the privilege of having worked with the IWA over the past years. We have enjoyed working with the IWA team to refine the existing GeoSCADA HMI and local PLC programs as well as the work to migrate the system to Ignition.
Company Representative:
Andrew Ward, P.E.
President
5470 Louie Lane, Suite 104
Reno, NV 89511
775-236-3350
[email protected]
Federal Tax ID#: 38-3893334
CA State Tax ID#: 821-3087-3
CA State Contractors License: 989422
Sincerely,
Andrew Ward, P.E.
President
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SCOPE OF WORK
Identified Task List
Tasks completed by: Sierra Controls, LLC
My
Firm
Other
Firm Both
✓
Information Technology – Supervisory Control and Data
Acquisition (SCADA) systems including computer hardware and software
✓
Water – SCADA upgrades and integrations; system audits; evaluate Instrumentation and Control (I&C) Systems; control and monitoring interface; data logging; reporting; alarming; training; maintenance and operations
✓
Design Services – Assist and preform SCADA system
design, programming, and implementation with Ignition and Geo SCADA. Software and firmware updates and alarm
logic.
✓
Utility Engineering Services - Support various engineering projects and recommend elements necessary for SCADA
implementation including but not limited to hardware, telemetry devices, communications equipment electrical infrastructure, programmable logic controls (PLC), human machine interface (HMI), operator interface terminals (OIT), instrumentation & process controls. Radio survey & communications.
✓
Existing Facilities - Review facilities and sites and propose elements necessary to automate operations and controls and to integrate into the SCADA system
✓
Proposed Facilities - Provide instrumentation and process control setup, configuration, and calibration for equipment, such as variable frequency drives (VFD), flow meters, level sensors, pressure transmitters, and chemical feed pumps, process analyzers, etc.
✓
On-Call & Emergency Response - Perform on-call and
emergency response related to controls and SCADA
emergencies within two (2) business days.
✓
Additional elements on which work may be performed include, but are not limited to telemetry surveys, security and encryption of data and operating systems, electrical and controls system testing and troubleshooting, data collection, and development of standardization for parts, sensors, components
✓
Hardware & Instrumentation Installation – California Contractor License issued, fully bonded, and insured. Labor for SCADA system issues.
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QUALIFICATIONS STATEMENT
CONTRACTOR PROJECT PERSONNEL CHART
Andrew Ward
President / P.E.
Mark Crossett
Senior Engineer / Technology
Lead
Emily McCue
Senior Developer
Mark Pipho
Senior Engineer / Indio Water
Authority Client Manager
Bob Rhees
Senior Engineer / P.E. /
Engineering Services Lead
Michael Schlarman
Senior Systems IT Engineer
Eric Wylie
Jr. Systems Administrator
Nik Neimeyer
Jr. Systems Administrator
Jeremy Veach
Field Engineer Lead
Jason Lake
Field Engineer
Jeff Kolacek
Field Engineer
Tommy Randel
Field Technician
Tyler Lake
Field Technician
Steven Perez
Estimator / Project Manager
Steve Taylor
Fleet / Shop Manager
Alex Dominguez
Shop Wireman / Field Technician
Isaac Perkins
Inventory / Procurement
Manager
Tanner German
Senior Engineer
Rachel Slezak
Project Engineer Lead
Michael Donchez
Draftsman
Jake Devore
Project Engineer
Beverly Morris
Office Manager / Human
Resources
Maria Ayala
Office Admin
Amy Coats
Office Admin
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FIRM DESCRIPTION
Company Name: Sierra Controls, LLC
Mailing Address: 5470 Louie Lane, Suite 104, Reno, NV 89511 Phone Number: 775-236-3350 / Fax Number: 775-657-6293
E-Mail Address: [email protected] / [email protected]
COMPANY BACKGROUND
Sierra Controls, LLC (SC) was first incorporated in 1972, providing work mostly in Nevada and California communities. The company continues to be a leader in the water measurement and control industry as a SCADA designer, systems integrator, and manufacturer of specialized water measurement products.
Although our clientele is mostly based in the West, Sierra Controls has provided system design and implementation throughout the country.
Sierra Controls specializes in water measurement and control systems for public works, utilities, agriculture, private industry, and government organizations. Our main emphasis has been on remote monitoring, control, and telemetry systems that utilize radio telecommunications. Sierra Controls also offers cellular communication options where available. A major part of our work has been in supervisory control and data acquisition (SCADA) systems. The areas of products and services include:
− Irrigation, Wastewater & Domestic water monitoring / control systems − Hydro-electric power monitoring / control systems
− Fish water and wildlife management water systems
− Parks, Campground and other small remote water systems − Golf course water supply monitoring / control systems − Water reuse systems for irrigation
− Business and private water systems
− Natural waterways – rivers, lakes, and streams monitoring systems − Treatment plant monitoring / control systems
− Wind, rain, and temperature monitoring
− Radio telemetry communications.
Sierra Controls has been serving the water industry for over 50 years. Over this period, more than 2,000 water measurement and control systems have been provided for water industries in California, Nevada, Utah, Oregon, and Arizona, whereas projects for domestic water systems in specific have been in Nevada, Idaho, and California. Sierra Controls has proudly provided and actively supports SCADA systems for our clients in California and Nevada, including: City of Rio Vista, Glenn-Colusa Irrigation District, Colusa Country Irrigation District, Patterson Irrigation District, American Valley Community Services District, City of Portola, Town of Minden, Gardnerville Town Water, Washoe County, Gardnerville Water Company, Lyon County, Truckee Sanitary District, Olympic Valley, City of Yerington, and the Big Rock Community Services District, to name a few.
Sierra Controls is a well-respected and long-time accredited integrator:
− Inductive Automation Ignition Gold Certified Integrator − Schneider Electric SCADA Partner & Registered Integrator − Invensys Inc. Wonderware-registered SCADA Partner & Integrator
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− Factory training
a. Rockwell Automation
b. Ocean Data Systems Dream Report
c. Control Soft Intune
− Advanced Programmer in GeoSCADA & ClearSCADA
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PROPOSED TEAM MEMBER RESUME
NAME: MARK PIPHO
TITLE: SENIOR ENGINEER & CURRENT IWA CLIENT MANAGER
PHONE / OFFICE: 775-236-3350 / DIRECT: 775-236-3369
EMAIL: [email protected]
Sierra Controls has designated Mark Pipho as the single point-of- contact for all work preformed under this RFQ. He will be responsible for overseeing all project deliverables, including coordination sub-consultants, and correspondence with Indio Water Authority personnel as well as attending meetings and addressing SCADA-related system issues. Mark is a skilled Principal Senior Engineer whose specialty is performing installations, field services, preventative maintenance, updates and troubleshooting for SCADA systems and RTUs, interfacing with VDFs and field devices. Mark oversees installations and radio programming for Sierra Controls. He has over 15 years of experience in the field and will work with his Field Engineers, and Field Technicians to perform installations, troubleshooting, and maintenance for various systems. Mark has more than 10 years of experience specifically with Indio Water Authority SCADA system and more than 14 years employed by Sierra Controls. Mark has installed, serviced, and surveyed many of the complex client sites including Indio Water Authority’s system and is familiar with various types of SCADA systems such as Wonderware, Ignition, and Clear / Geo SCADA. Mark is available during Sierra Controls standard business hours of 7:30 am to 4:15 pm Monday - Friday. Sierra Controls provides a 24/7 on-call service to ensure our clients have the support they need after hours.
NAME: MARK CROSSETT
TITLE: SENIOR ENGINEER
PHONE / OFFICE: 775-236-3350
EMAIL: [email protected]
Mark is a Senior Engineer with 28 years of post-graduate experience in SCADA systems, process controls, instrumentation, and telemetry systems. His primary responsibilities include PLC programming, HMI development, computer/network support, and project engineering support. Prior to control systems engineering, Mark spent 11 years working as an electronic/computer systems technician. Today, Mark is the Technical Services Lead at Sierra Controls and plays an important role in bridging the traditional gap between Engineering and Information Technology (IT). Mark’s programming capabilities have led the industry which has allowed him to provide consultation on many additional SCADA systems outside of our normal footprint. Mark has received factory certified training in various PLC and HMI systems including Schneider Electric (SCADAPack, Modicon, ClearSCADA) Wonderware,
Inductive Automation (Ignition), Allen Bradley (all PLC platforms),
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and many others. Mark has a firm knowledge on the currently established standards used for the SCADA IT Infrastructure and HMI development scheme.
NAME: ANDREW WARD, P.E.
TITLE: PRESIDENT / SENIOR ENGINEER
PHONE / OFFICE: 775-236-3350
EMAIL: [email protected]
Andrew is a Professional Engineer with 9 years of post-graduate experience in process controls, SCADA, and instrumentation systems engineering. Andrew has focused his career on municipal water control systems design and implementation. He is certified in many PLC programming platforms including Schneider Electric Telepace, Remote Connect, and Allen-Bradley platforms. Andrew has also focused on reporting platforms to aid municipalities with regulatory reporting. He has obtained extensive experience with PLC, OIT, and HMI programming and supporting project planning, design, programming, and installation as well. Also aiding the Sierra Controls Team with system troubleshooting and
maintenance. Andrew has spent his experience specifically working on SCADA systems including design, programming, and field support. Now, Andrew’s focus as President of the company is to ensure that client’s needs are being met and that the employees of Sierra Controls have the tools to be successful. This allows the team to continue to provide quality support for critical infrastructure.
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HMI EXPERIENCE
Sierra Controls has worked with various SCADA HMI products and platforms including Wonderware, ClearSCADA/GeoSCADA, Inductive Automation’s Ignition, and various others. As these platforms became available to the Water, Wastewater, and automation industries, Sierra Controls was instrumental in developing and integrating the appropriate platform into SCADA systems for each of its many clients. Fully operational system counts for Wonderware and ClearSCADA / GeoSCADA have reached well into the hundreds and tag counts have been found to be from hundreds to tens of thousands for each platform. In recent years, Ignition has been the preferred platform for many clients and therefore migration activity is quite high as trained Sierra Controls engineers and developers strive to provide remote friendly and secure applications for their clients.
With respect to IWA’s related HMI projects, Sierra Controls was the author/integrator for some of IWA’s earliest and/or largest HMI systems in both Cloud SCADA and GeoSCADA. Now with the enhanced functionality of Ignition, Sierra Controls has followed the direction of key IWA IT personnel to Integrate the existing municipal wise SCADA system which has proven to allow many personnel to share knowledge, operational expertise, training efforts (via Sierra Controls providing annual training for IWA staff) and operational consistency so that the IWA system is state of the art and available for daily use as the primary interface for operators who have systems municipal wide. Expansion of this system is critical and the continuation of expertise from Sierra Controls SCADA engineers will allow this to happen.
GOVERNMENT AGENCY EXPERIENCE
Sierra Controls has worked with Government Agencies for over 50 years. This includes Federal, State, Local Governments, Tribal Nations, and Municipalities. We are familiar with the contracting requirements and security requirements associated with work being performed in secure and sensitive areas. Sierra Controls provides competitive responsible professional services consistently.
Small Sample of Clients include:
• City of Eureka, CA
• City of Milpitas, CA
• Department of Conservation and Natural Resources- Nevada State Parks • State of Nevada Division of Water Resources
• Department of Administration Public Works Division, Buildings and Grounds Section • Nevada Department of Corrections- Lovelock Prison
• Gardnerville Town Water Company
• Town of Minden, NV
• Lyon County Utilities District
• City of Yerington, NV
• State of California- Department of Parks and Recreation
CONSULTANTS EXPERIENCE
Sierra Controls works closely with several engineering firms including the following. • DOWL Engineering
• MWH
• Carollo Engineers
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• CH2MHill / Jacobs
• Provost & Pritchard
• Summers Engineering
• Control Point Engineering
• Stantec
• De Graaf Engineering
Sierra Controls has a proven history of providing responsive service to meet immediate needs of the water and wastewater systems. Our staff have been trained on the specific safety protocols and procedures of the nature of the remote locations which span over all types of harsh weather environments.
Sierra Controls staff of engineers, service technicians, install technicians, and IT staff demonstrate the best of what the industry has to offer.
PUBLIC AGENCY REFERENCES
CALIFORNIA STATE PARKS
Contact Name: Graham Payne Phone Number: (530) 525-4508 Email: [email protected]
Project Name: Sierra District Water Systems Upgrade Project Start / Finish: 2016 – 2018 Qualifying Project Type: Public Works Original Contract Amount: $825,000 Key Personnel In Project: All Sierra Controls Employees Change Order Amount: $0
Sierra Controls has been providing SCADA equipment and integration services for California State Parks since 2004. Projects began at the DL Bliss State Park in Lake Tahoe with control of the Water Treatment Plant, the Storage Tank, and the local Lift Station. In the years following, the Sierra District system grew to include SCADA for all Water Treatment Plants, Tanks, and Lift Stations in the Lake Tahoe Sector. Due to the enormous success of the Sierra District projects, coupled with the incredibly valuable input and participation of Parks Staff in the development of the Sierra District System, many other Districts within California State Parks have begun to implement SCADA in their water and wastewater systems as integrated by Sierra Controls. In fact, Sierra Controls over the past few years has integrated the Sierra District system into a statewide system which is currently in use by 12 districts throughout the State of California, with each District having its own subsystem of sites within the overall statewide system. As of 2022, there are over 100 Water and Wastewater sites within the statewide system. Each of these sites are accessible to the Operator via PC or Mobile device for monitoring, trending, reporting, alarming, or controlling as appropriate for the site and the specific needs of the operator.
CITY OF EUREKA, CALIFORNIA
Contact Name: Bryan Hammer Phone Number: (707) 502-7367 Email: [email protected]
Project Name: Elk River Wastewater Treatment Plant Project Start / Finish: 2020 - 2021 Qualifying Project Type: Public Works Original Contract Amount: $103,455 Key Personnel in Project: All SC Employees Change Order Amount: $11,400
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Sierra Controls has provided more than 5 years of experience with ongoing maintenance support following an approved SCADA Replacement Project. Services included OIT / HMI programming, Annual Preventative Maintenance Contracts that included individual RTU Site Checks, HMI Computer Maintenance, Remote Access, Software Support including HMI Software, Alarm Notification Software, and Antivirus, on-call engineering and services including 24-hour emergency service, and other similar support services. SC also assisted in the completion of a new $22-million-dollar wastewater treatment plant upgrade with both the design and implementation of the project.
TOWN OF MINDEN
Contact Name: Jeff Cady
Phone Number: (775) 782-5976
Email: [email protected]
Project Name: Minden Cloud SCADA Upgrade Project Start / Finish: 2022 – 2023 Qualifying Project Type: Public Works / SCADA Integration Original Contract Amount: $70,372 Key Personnel In Project: All Sierra Controls Employees Change Order Amount: $0
Sierra Controls provided a complete SCADA system upgrade for the Town of Minden, migrating their legacy GeoSCADA HMI system to a modern, cloud-hosted architecture using Sierra Controls Hosted Services. The project scope included the installation of Edge Software on the town’s existing SCADA HMI server, enabling real-time data acquisition and transmission to the cloud. A secure remote security appliance was installed to ensure encrypted connectivity, including a backup cellular connection in case of internet failure. The project also included engineering and design, HMI development, on-site installation, operator training, and one year of cloud service and cellular data. All work was completed on schedule and within budget. This upgrade enables operators to securely access and manage the system from any device, providing enhanced reliability, redundancy, and operational efficiency for the town's water infrastructure.
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B. COST PROPOSAL
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T&M Service Rate Schedule
Regular Hourly Rates**
Sr. Engineer IV $210 per hour
Sr. Engineer III $200 per hour
Sr. Engineer II $190 per hour
Sr. Engineer I $180 per hour
Project Engineer IV $170 per hour
Project Engineer III $155 per hour
Project Engineer II $140 per hour
Project Engineer I $125 per hour
CA Prevailing Wage*** $190 per hour
NV Prevailing Wage*** $160 per hour
Field Engineer II $170 per hour
Field Engineer I $160 per hour
Sr. Tech $145 per hour
Technician $135 per hour
Sr. IT Systems Engineer $165 per hour
Sr. IT Technician $155 per hour
IT Technician $135 per hour
Project Manager $130 per hour
Holiday, Overtime, and Emergency Rates:
Sr. Engineer IV $250 per hour
Sr. Engineer III $240 per hour
Sr. Engineer II $230 per hour
Sr. Engineer I $220 per hour
Project Engineer IV $205 per hour
Project Engineer III $190 per hour
Project Engineer II $175 per hour
Project Engineer I $160 per hour
CA Prevailing Wage*** $240 per hour
NV Prevailing Wage*** $205 per hour
Field Engineer II $205 per hour
Field Engineer I $195 per hour
Sr. Tech $180 per hour
Technician $170 per hour
Sr. IT Systems Engineer $205 per hour
Sr. IT Technician $195 per hour
IT Technician $175 per hour
Project Manager $170 per hour
Other Rates and Misc. Mobilization and Material Fees:
Shop Fabrication $ 120 per hour
Admin Support $ 105 per hour
Parts Unit price
Mileage Per IRS Standard + $0.25
Per Diem $300 per day
See next page for additional terms and conditions.
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Response times for corrective maintenance requests:
• All work completed by Sierra Controls, LLC via Remote Access or onsite will be billed at the same T&M rates listed above. Hours will be accumulated and billed out either as projects are completed or monthly, at the sole discretions of Sierra Controls, LLC. Additional Rates may apply for job site specific needs such as state prevailing wage requirements or other factors. • A request for immediate on-site service after normal working hours will be charged at the emergency rate. Double time rates may also apply in California.
• *** Rates listed above are based on standard wage rates and do not take into consideration State Prevailing Wage or Davis Bacon Wage requirements unless noted otherwise. • *** Basic State prevailing wage rates are listed but vary by project and county. Project specific rates may apply.
• Additional admin fees will be charged for projects requiring the payment of Prevailing Wages. • Rate schedules are subject to periodic increases.
• Last updated 02-23-2024.
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City Council
August 20, 2025
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Miguel Ramirez-Cornejo, Dir. of Economic Development Conflict: Yes Member: Elaine Holmes
Subject: Professional Services Agreement with Serna & Associates Inc. in the amount not to exceed $100,000 for the Downtown Ambassador Program.
RECOMMENDATION:
Staff recommends that the City Council approve The Professional Services Agreement with Serna & Associates Inc. in the amount of $100,000 per fiscal year and authorize the City Manager and City Attorney to negotiate all terms and conditions of the contracts, as needed.
SUMMARY:
The proposed Scope of Work with Serna & Associates Inc. establishes a new and standalone Professional Services Agreement (PSA) specifically for the Downtown Ambassador Program. This agreement is separate from all other City services and is intended to provide dedicated, uniformed Ambassadors throughout the City’s Downtown area as part of the City of Indio’s ongoing efforts to enhance the overall visitor experience. These Ambassadors deliver concierge-style customer service while incorporating appropriate safety measures, contributing to a welcoming and secure environment for visitors, residents, and local businesses. The program supports the City’s broader goal of establishing Downtown Indio as a vibrant destination that actively engages the community and attracts visitors—both day and night—by offering a sense of hospitality, safety, and security.
Serna & Associates Inc. has been a trusted partner of the City for more than seven years, supporting the Indio Police Department (IPD) and, more recently, administering both the Downtown Ambassador Program (launched two years ago) and the Park Ambassador Program. Given the expansion and diversification of services, it is recommended that a separate agreement be established and responsibilities delineate clearly to Downtown Ambassador the for Program departmental oversight while maintaining consistency and quality across all ambassador-related programs. City staff recommends approval of this new PSA with Serna & Associates Inc. to continue delivering high-level, professional ambassador services in Downtown Indio. Advancing this initiative will help sustain and elevate the Downtown experience, reinforcing the City’s commitment to a vibrant, safe, and welcoming urban environment for all.
BACKGROUND INFORMATION:
On December 1, 2018, the City entered into a Professional Services Agreement (PSA) with Steve Serna dba Serna & Associates in the amount of $13,286 per month ($159,432 per year) to provide uniformed security patrol services to the City’s Downtown area, parks, facilities, and other City- owned properties.
AGENDA ITEM #9.10
Professional Services Agreement with Serna & Associates Inc. in the amou... Page 318 of 1094 On May 17, 2023, the City Council approved the creation of the “City of Indio Downtown Ambassador Program” to enhance hospitality and safety in Downtown Indio. The program was designed to procure a team of trained ambassadors to provide visitor assistance and community engagement; patrol the Downtown area for safety and security while serving as a visible deterrent to crime; and help maintain a clean, attractive Downtown through tasks such as litter pickup, light sweeping, and reporting graffiti or maintenance issues to the appropriate City departments.
On August 16, 2023, the City Council approved Amendment No. 1 to the PSA, authorizing an additional not-to-exceed amount of $100,000 annually to support the Downtown Ambassador Program. This amendment also extended the agreement term by one year, with the option to renew for one additional year.
On August 17, 2024, the City Council approved Amendment No. 2 to the PSA, extending the term of the agreement through August 23, 2025. The amendment increased the not-to-exceed amount by $100,000 and rate, hourly the updated Ambassador expanded cover to annually services, established a time-and-a-half rate for six designated holidays.
On May 7, 2025, the City Council approved Amendment No. 3 to the PSA, extending the term of the agreement through June 30, 2026 and increasing the not-to-exceed amount by $203,000 to support the Park Ambassador Program.
this providing PSA, shared under operates Program Ambassador Downtown the Currently, unarmed, uniformed security patrol services in the City’s Downtown area. These services are vital to enhancing the visitor experience by combining concierge-style customer service with appropriate safety measures.
To improve administrative clarity and avoid confusion from multiple departments using the same PSA for different programs, staff recommends establishing a separate PSA with Serna & Associates Inc. exclusively for the Downtown Ambassador Program.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
100,000 In current year budget: Yes
Current FY General
Fund Impact:
100,000 Budget adjustment: No
Next FY Financial
Impact:
Strategic Objective: Public Safety
Source of funds: General Fund Fund-Org-Object
Reference:
1011175-540003
ATTACHMENTS:
Exhibit A - Scope of Services and Compensation
Attachment 1 - Professional Services Agreement - Serna and Associates Inc.
APPROVAL(S):
Miguel Ramirez-Cornejo, Dir. of Economic Development Approved - 13 Aug 2025
Professional Services Agreement with Serna & Associates Inc. in the amou... Page 319 of 1094 Steven Graham Pacifico, City Attorney Approved - 14 Aug 2025 Ruby D. Walla, Director of Finance Approved - 15 Aug 2025 Jonathan Nicks, Assistant City Manager Approved - 15 Aug 2025
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SERNA & ASSOCIATES____________________________ WWW.JOINSERNASECURITY.NET
SECURITY SERVICES & PRIVATE INVESTIGATIONS
78365 HIGHWAY 111. #157
LA QUINTA, CA. 92253
OFC: 760.777.1702 FX: 760.777.1721
BRAD TAYLOR
EMAIL: [email protected]
CA. PPO 16465, TFF 1427, PI 187798, TEXAS LIC. B-20762
Downtown Ambassador Program – Updated August 13, 2025
Date: August 13, 2025
ATTN: Yanel Ramirez - Senior Economic Development Analyst City of Indio
Client’s Phone: 760.541.4253
Location of Services: Downtown Indio
Ms. Ramirez,
All of us at Serna & Associates are grateful to be involved, even in a bit part, in the improvements made, and still being made in the City of Indio downtown area.
I believe we can all agree, as it was intended, that the Downtown Ambassador Program is a great way to enhance the overall visitor experience in the City of Indio downtown area by combining concierge-type customer service with the right amount of security measures in place.
We greatly appreciate the City of Indio for reaching out with this opportunity to renew the agreement and continue this valuable service.
Serna & Associates would be honored to continue to provide trained security officers to be the City of Indio Downtown Ambassador/s and will assist, in conjunction with the City of Indio, in the management of the DT Ambassador Program as follows:
Proposed DT Ambassador uniforms:
Serna will provide uniforms at no cost to the City of Indio. The uniform shirt will be a white polo shirt with the City of Indio’s logo and the Serna & Associates Logo. The pants will be BDU / cargo pants, Green or khaki in color.
Serna provided 4-seater golf cart.
Serna will continue to provide, at no cost to the City of Indio, a 4-seat golf cart.
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DT Ambassador Scope of duties / Primary responsibilities:
The dedicated officer will perform the functions and duties as outlined in the DT Ambassador program, and as follows:
1. Visitor Assistance – The Serna provided DT Ambassador/s will perform the following duties:
o They will be the face of downtown Indio and provide visitors with a friendly and welcoming presence.
o They will offer information, directions, and recommendations on local businesses, attractions, events, and services.
o They will also assist with wayfinding, parking, and provide general assistance to visitors to enhance their overall experience downtown.
o They will offer visitors a ride to their downtown destination, if possible and as needed.
2. Community Engagement - The Serna provided DT Ambassador/s will perform the following duties:
o They will foster positive relationships with downtown businesses, property owners, residents, and other stakeholders.
o They will act as a liaison between the community and the City of Indio They will address concerns, provide feedback, and gather input on ways to improve the downtown experience.
This information will be shared with the City of Indio o They will also promote downtown events, activities, and initiatives to encourage community participation and engagement.
3. Safety and Security - The Serna provided DT Ambassador/s will perform the following duties:
o They will patrol the downtown area and maintain a visible presence to deter crime, vandalism, and other safety concerns.
o They will report any suspicious activities or incidents to the Indio Police Department o While the DT Ambassador will be taking a soft approach in handling any security issues, Serna does already provide a dedicated patrol service for the City of Indio, including the downtown area between the hours of 6pm and 6am as well as the Park Ambassador Program between the hours of 6am and 6pm.
The downtown areas will still be patrolled nightly by the dedicated unit, providing an extra layer of security in the area.
The DT Ambassador would be able to radio any one of our patrol officers to assist with any security-related issues that he/she may need help with or to call the City of Indio Police Department, if needed.
o The assigned ambassador/s will be First Aid, AED, and CPR Certified.
4. Cleanliness and Maintenance - The Serna provided DT Ambassador/s will perform the following duties:
o They will help to maintain a clean and attractive downtown by picking up litter and performing light sweeping in areas of need.
o They will swiftly report any graffiti to the graffiti abatement team. o They will report any maintenance issues to the Public Works Department. o They will work closely with non-profit organizations to coordinate efforts in keeping downtown Indio clean and well-maintained.
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DT Ambassador Sample Schedule:
Monday: Off
Tuesday: Off
Wednesday: 1500 – 2300
Thursday: 1500 – 2300
Friday: 1500 – 2300
Saturday: 1500 – 2300
Sunday: 1300 – 2100
(Schedule subject to change, at the direction of the City of Indio)
The current Schedule is Thursday, Friday, and Saturday from 1600 hrs. to 2400 hrs. Added days are requested and scheduled as needed.
The program will be monitored by the City of Indio and will recommend changes as the program evolves.
A Serna manager will also be assigned to, in conjunction with the city, follow up and monitor the performance of the Ambassador/s and the program, and correct any issues promptly. The schedule will be adjusted accordingly, based on needs that will be determined by business hours, peak hours, peak days, city direction, etc.
The City of Indio will be able to be involved during the selection process of DT Ambassadors, and the city may request a change in an ambassador if that Ambassador does not meet standards.
Daily Summary Report: The assigned ambassador will provide an after action summary report of their shift at the end of the shift to any interested parties that you would like to have on the email list.
DT Ambassador Rate: Our unarmed security officer rate will be: $37.00 / hour. The hours charged will be based on the schedule that the officers work for a given month. The schedule will be adjusted accordingly, based on needs that will be determined by business hours, peak hours, peak days, and city direction, and will change as the program continues to evolve. We do charge time and a half for holidays. (Thanksgiving Day, Memorial Day, Christmas Day, New Year's Day, Veterans Day, and Independence Day) The annual amount is not to exceed $100,000.00.
The City of Indio is currently listed as a Certificate holder and additional insured on the Serna & Associates insurance policy.
I thank you again, along with the City of Indio, for reaching out to Serna & Associates to provide the services for the Downtown Ambassador Program. We look forward to continuing to provide you with exceptional service.
Sincerely,
Brad Taylor
Director of Operations
“Our Family Serving Yours since 2009”
PPO 16465 & TFF 1427, P.I. 187798, TEXAS LIC: B20762
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PROFESSIONAL SERVICES AGREEMENT*
BY AND BETWEEN
THE CITY OF INDIO,
A CALIFORNIA MUNICIPAL CORPORATION
AND
SERNA & ASSOCIATES, INC,
A CALIFORNIA CORPORATION
Form Approved January 7, 2025
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PROFESSIONAL SERVICES AGREEMENT
FOR SECURITY PATROL SERVICES TO
BETWEEN THE CITY OF INDIO AND SERNA & ASSOCIATES INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 20 TH day of August 2025 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation organized as a general law city and Serna & Associates, Inc., a California corporation (“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 via a proposal the performance of unarmed, uniform security patrol services of the City’s Downtown Area.
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.
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:
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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 August 20, 2025 (the “Effective Date”) and continue in effect until the tasks described are completed, but in no event later than August 20, 2026, unless sooner terminated or otherwise extended by written agreement of the Parties. All days set out are calendar days.
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(b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the term of the Agreement for up to two (2) additional one- year terms following its 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, addendum 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 & Compensation” 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.
SECTION 3. CITY REPRESENTATIVE.
The City’s Economic Development Department 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 “A ” “ Scope of Services & Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $100,000 per fiscal year, unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 24, “Notices” her eof.
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 “A” 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 “A ” “Scope of Services & 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, s tudies, 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 a ssigns 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 hereunde r. Consultant expressly waives any claim Contractor may have to any such rights.
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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 & Compensation” 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.
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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 D. (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 ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subconsultants. 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.
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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.
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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: [email protected]
TO CONSULTANT: Serna & Associates Inc.
Attn: Steve Serna
78365 Hwy. 111 suite #157
La Quinta, CA 92253
cc: [email protected]
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.
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SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City 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.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California.
In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEY’S FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits and Addendum, 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
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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 representations set forth here and upon each party’s own independent investigation of any and all facts such party deems materials.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s) and all other parts, provisions or representations herein shall remain in full force or effect. .
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 Addendum
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 Addendum , 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.
NOT APPLICABLE.
[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
By: ___________________________
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:
STEVE & ASSOCIATES INC.
By:
Steve Serna
CEO
Attachments:
Exhibit A- Scope of Services & Compensation
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Attachments - Continued
Exhibit B- Insurance (Addendum 1)
Exhibit C- Conflict of Interest Form
Exhibit D- Levine Act Statement
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Exhibits
EXHIBIT “A”
SCOPE OF SERVICES & COMPENSATION
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EXHIBIT “B”
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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Exhibits
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.
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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.
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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.
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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 inspec t 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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EXHIBIT “C”
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:
Security Patrol Services
By: ________________________________
Bryan Montgomery, City Manager
By: ________________________________
Steve Serna, CEO
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 hav e 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.
By: ________________________________
Bryan Montgomery, City Manager
By: ________________________________
Steve Serna, CEO
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EXHIBIT “D”
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.
______________________ By: ________________________________ Date Steve Serna, CEO
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Indio Water Authority Board
August 20, 2025
STAFF REPORT
To: Indio Water Authority Board
From: Bryan Montgomery, Executive Director
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to execute contract Amendment No. 1 between the Indio Water Authority and the United States Department of the Interior for a license to construct, own, operate and maintain an 18-inch domestic pipeline crossing the Coachella Canal at Avenue 50th and Madison Street.
RECOMMENDATION:
Staff recommends that the City Council/Indio Water Authority Board approve Resolution No. 2025- 83, authorizing IWA’s Executive Director to execute contract Amendment No. 1 between the Indio Water Authority and the United States Department of the Interior (Contract No. 09-07-34-L1614) for a right of use authorization for the construction, ownership, operation, and maintenance of an 18- inch domestic pipeline crossing the Coachella Canal at Avenue 50th and Madison Street.
SUMMARY:
On October 20, 2010, the United States Department of the Interior (USDOI) granted the Indio Water Authority a license for the construction, ownership, and maintenance of an 18-inch water distribution ductile iron pipeline crossing the Coachella Canal at Avenue 50th and Madison Street. The 18-inch water line will loop IWA’s water system along Avenue 50th. Amendment No.1 requests authorization to associated and waterline 18-inch the maintain use, operate own, install, construct, and appurtenance above the Coachella Canal.
BACKGROUND INFORMATION:
On October 20, 2010, the USDOI granted the Indio Water Authority a license for the construction and installation of a thirty-six (36) inch steel sleeve for a future eighteen (18) inch waterline under a box culvert, located at the Coachella Canal crossing at Avenue 50 and Madison Street. The 36-inch steel sleeve casing was not installed during the original construction as the depth required to tunnel beneath the Coachella Canal which would require significant time, expense and disruption to the community and traffic at this major intersection.
Amendment No.1 was requested by IWA on February 18, 2025, to amend said License, for authorization to construct, install, own, use, operate, and maintain the 18-inch waterline and associated appurtenance above the Coachella Canal located at the above noted intersection of Avenue 50 and Madison Street, and across Irrigation Lateral Nos. 118.7 and 118.0-0.8LT located along Avenue 50 within, on, over, under, and/or across Reclamation Lands and Facilities. USDOI has approved proposed Amendment No. 1. Therefore, in order to process contract Amendment No.1, USDOI requires that the City Council/ Indio Water Authority Board approve a resolution that AGENDA ITEM #9.11
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 352 of 1094 authorizes the IWA Executive Director to execute Amendment No. 1. IWA Staff recommends that the City Council/ Indio Water Authority Board approve Resolution No. 2025-83
Additional Financial Details: There is no cost or fiscal impact associated with this action.
ATTACHMENTS:
Attachment 1 - Resolution No. 2025-83 Avenue 50-Madison Street Attachment 2 - US Dept of the Interior Contract No. 09-07-34-L1647
APPROVAL(S):
Reymundo Trejo, P.E., IWA General Manager Approved - 05 Aug 2025 Steven Graham Pacifico, City Attorney Approved - 07 Aug 2025 Ruby D. Walla, Director of Finance Approved - 07 Aug 2025 Bryan H. Montgomery, City Manager Approved - 08 Aug 2025
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 353 of 1094
ATTACHMENT A
RESOLUTION NO. 2025-83
A RESOLUTION OF THE INDIO WATER AUTHORITY
APPROVING AMENDMENT NO. 1 TO CONTRACT
LICENSE NO. 09-07-34-L1647 BETWEEN THE INDIO
WATER AUTHORITY AND THE UNITED STATES
DEPARTMENT OF THE INTERIOR, BUREAU OF
RECLAMATION AND AUTHORIZING THE INDIO WATER
AUTHORITY EXECUTIVE DIRECTOR TO EXECUTE THE
AMENDMENT
WHEREAS, the United States Department of Interior, Bureau of Reclamation (“Bureau of Reclamation”) granted the Indio Water Authority (“IWA”) the License a right-of-use authorization under Contract No. 09-07-34-L1647 dated October 20, 2010, hereinafter referred to as “License”, for the construction and installation of a dual reinforced concrete box, chain link fence, a temporary by-pass canal with PVC liner of use during concrete box construction, a thirty-six (36) inch steel sleeve for a future eighteen (18) inch waterline under box culvert, backfill the temporary canal and replace pavement in the area of the temporary diversion channel, located at the Coachella Canal crossing at Avenue 50 and Madison Street, in Riverside County, California and within, on, over, and/or across Reclamation Lands;
WHEREAS, the Water Line was not constructed and IWA requested an amendment to the License for authorization to construct, install, own, use, operate, and maintain the 18-inch waterline and associated appurtenance above the Coachella Canal located at the above noted intersection of Avenue 50 and Madison Street, and across Irrigation Lateral Nos. 118.7 and 118.0-0.8LT located along Avenue 50 within, on, over, under, and/or across Reclamation Lands and Facilities;
WHEREAS, the Bureau of Reclamation has approved Amendment No. 1 to the License with the proposed route above the Coachella Canal; and WHEREAS, the Bureau of Reclamation requires a Resolution that authorizes the Executive Director to execute the Amendment to the License and any and all documents to effectuate the purposes of this Resolution;
NOW THEREFORE, THE BOARD OF DIRECTORS OF THE INDIO WATER AUTHORITY HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
Section 1. The above recitals are true and correct and are incorporated herein.
Section 2. The Board of Directors of the Indio Water Authority hereby approves the Amendment to the License substantially in the form set forth in Exhibit A, attached hereto and incorporated herein in full. The Executive Director and General Counsel are authorized to make revisions to the Amendment to the License if deemed necessary by the General Counsel.
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 354 of 1094 Section 3. The Executive Director is hereby authorized to do any and all things to execute and deliver any and all documents, including agreements, amendments, licenses, that is deemed necessary or advisable in order to effectuate the purposes of this Resolution, including executing and delivering the Amendment to the License.
Section 4. This Resolution shall become effective immediately upon its adoption.
Section 5. The Board Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED, and ADOPTED this 20th day of August, 2025. _________________________
Glenn Miller
Mayor/President
ATTEST:
__________________________________
Sabdi Sanchez, MMC
Director of City Clerk Services/Secretary
APPROVED AS TO FORM:
____________________________
Steven Graham
City Attorney/IWA General Counsel
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EXHIBIT A
AMENDMENT NO. 1 TO CONTRACT NO. 09-07-34-L1647
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1 Contract No. 09-07-34-L1647
2 Amendment No. 1
3 4
5 6 UNITED STATES
7 DEPARTMENT OF THE INTERIOR
8 BUREAU OF RECLAMATION
9 INTERIOR REGION 8: LOWER COLORADO BASIN
10 YUMA AREA OFFICE
11 YUMA, ARIZONA
12 13 BOULDER CANYON PROJECT,
14 ALL-AMERICAN CANAL SYSTEM,
15 COACHELLA DIVISION, CALIFORNIA
16 17 1. THIS CONTRACT AND LICENSE (License) is made this_ day of ______ 2025, 18 pursuant to provisions of the Reclamation Act of June 17, 1902 (32 Stat. 3 88); the Reclamation 19 Project Act of August 4, 1939 (53 Stat. 1187), as amended August 18, 1950 (64 Stat. 463); and 20 acts amendatory thereof or supplementary thereto; and the provisions of 43 CFR § 429, between 21 the United States of America, acting through the Bureau of Reclamation, hereinafter referred to 22 as "Reclamation," represented by the officer executing this License, hereinafter referred to as the 23 "Area Manager," and the City oflndio, hereinafter referred to as the "Licensee," with the 24 concurrence of the Coachella Valley Water District, hereinafter referred to as the "District." 25 26 WITNESSETH THAT:
27 28 2. WHEREAS, Reclamation, under the authority of the Act of August 30, 1890, entitled 29 Rights-of-Way Reserved to United States for Canals and Ditches (26 Stat. 391), holds a reserved 30 Federal right-of-way for the Coachella Canal and Distribution System, including but not limited 31 to Irrigation Lateral Nos. 118.7 and 118.0-0.8LT, a feature of the Boulder Canyon Project, 32 All-American Canal System, Coachella Division, California, hereinafter referred to as "Project"; 33 and
34 35 3. WHEREAS, Reclamation acquired land and easements from private landowners for the 36 construction of Reclamation project works, including but not limited to the Coachella Canal and 37 Irrigation Lateral Nos. 118.7 and 118.0-0.8LT, pursuant to said Project; and 38 39 4. WHEREAS, the Coachella Canal and distribution system was authorized under the 40 authority of the Act of December 21, 1928 ( 45 Stat. 1057), for said Project; and
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42 5. WHEREAS, the Coachella Canal and Irrigation Lateral Nos. 118.7 and 118.0-0.8LT will 43 hereinafter collectively be referred to as "Facilities"; and 44 45 6. WHEREAS, the District operates and maintains said Facilities pursuant to its contract with 46 the United States; and
47 48 7. WHEREAS, Reclamation's acquired lands and reserved rights-of-way will hereinafter be 49 referred to as "Reclamation Lands"; and
50 51 8. WHEREAS, Reclamation granted the Licensee a right-of-use authorization under Contract 52 No. 09-07-34-L1647 dated October 20, 2010, hereinafter referred to as "License," for the 53 construction and installation of a dual reinforced concreate box, chain link fence, a temporary 54 by-pass canal with PVC liner for use during concrete box construction, a thirty-six (36) inch steel 55 sleeve for a future eighteen (18) inch waterline under box culvert, backfill the temporary canal 56 and replace pavement in the area of the temporary diversion channel, located at the Coachella 57 Canal crossing at Avenue 50th and Madison Street, in Riverside County, California and within, 58 on, over, and/or across Reclamation Lands; and
59 60 9. WHEREAS, Reclamation executed a Categorical Exclusion Checklist (CEC) 61 No. YAO-CEC-10-010, signed and dated by the Area Manager on May 7, 2010, and received a 62 concurrence from the California State Historic Preservation Office dated April 27, 2010, both on 63 file in the Yuma Area Office, Resource Management Office; and 64 65 10. WHEREAS, the 36-inch steel sleeve casing was not installed during the original 66 construction work authorized in the aforementioned License as the depth required Licensee to 67 tunnel beneath the Coachella Canal which would require significant time, expense, and 68 disruption to the community and traffic at this major intersection; and 69 70 11. WHEREAS, by application dated February 18, 2025, and received by Reclamation on 71 March 7, 2025, Licensee requested to amend said License, for authorization to construct, install, 72 own, use, operate, and maintain the 18-inch waterline and associated appurtenance above the 73 Coachella Canal located at the above noted intersection of Avenue 50th and Madison Street, and 74 across Irrigation Lateral Nos. 118.7 and 118.0-0.8LT located along Avenue 50th, hereinafter 75 referred to as "Pipeline," within, on, over, under, and/or across Reclamation Lands and Facilities; 76 and
77 78 12. WHEREAS, Licensee's request to amend said License with the proposed route above the 79 Coachella Canal will minimize Licensee's above-noted concerns; and Contract No. 09-07-34-L1647
Amendment No. 1
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81 13. WHEREAS, said Pipeline crossing the Coachella Canal along Avenue 50th is needed to 82 connect Indio Water Authority's domestic water system and provide additional fire flow 83 protection to the area; and
84 85 14. WHEREAS, upon Reclamation's administrative review of said License it was determined 86 that the License needed to be updated with new and/or revised formatting and language in 87 accordance with Reclamation's current Directives and Standards and current regulations found at 88 43 CFR § 429 for right-of-use authorizations; and
89 90 15. WHEREAS, Amendment No. 1 will include new and/or revised formatting and language in 91 accordance with Reclamation's current Directives and Standards and current regulations found at 92 43 CFR § 429 for right-of-use authorizations; and
93 94 16. WHEREAS, Amendment No. 1 will hereinafter be referred to as "Amendment;" and 95 96 17. WHEREAS, said License shall remain in full force and effect and shall only be amended as 97 outlined herein; and
98 99 18. WHEREAS, the granting of such authorization and right-of-use by Reclamation and the 100 exercise of such right-of-use by the Licensee under the terms and conditions herein provided 101 shall be compatible with the purposes for which the Reclamation Lands are administered by 102 Reclamation on behalf of the United States.
103
104 19. NOW THEREFORE, in consideration of the mutual agreements and covenants contained 105 herein, Reclamation, on behalf of the United States, by this Amendment, hereby grants to the 106 Licensee, except as otherwise provided herein, the following described authorization for the 107 construction, installation, ownership, use, operation, and maintenance of said Pipeline purposes, 108 to wit:
109
110 20. DESCRIPTION OF PREMISES:
111
112 San Bernardino Meridian. California
113
114 Township 5 South, Range 7 East
115 SE¼SE¼, W½SW¼SE¼, section 33, portions of.
116 SW¼SW¼, section 34, portions of.
117
118 Township 6 South, Range 7 East
119 lot 2, N½NW¼NW¼, section 3, portions of.
120 lot 2, N½N½NE¼, section 4, portions of.
Contract No. 09-07-34-L1647
Amendment No. 1
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122 The Premises is further described and depicted on Licensee's exhibit map titled: "Indio Water 123 Authority, IWA Distribution Water Mains, Sheet No. 1 of 1, dated 2/27/2024," and design plans 124 titled: "Indio Water Authority, Avenue 50 and Madison Street Pipe Installation Project, Sheet 125 Nos. 1 through 11, dated December 2024, District Drawing Nos. 49476 through 49486," 126 hereinafter referred to as Exhibit A, attached hereto and by this reference made a part hereof. 127
128 (a) By accepting and signing this Amendment, and by using the Premises described 129 herein, the Licensee agrees to comply with and be bound by the terms and conditions described 130 or referenced herein during all construction, installation, ownership, use, operation, maintenance, 131 and termination activities of said Pipeline.
132
133 21. OWNERSHIP OF PIPELINE: The Licensee shall at all times and at its sole expense, 134 without any expense and/or liability whatsoever to the United States, Reclamation, and/or the 13 5 District, construct, install, own, use, operate, maintain, and make necessary repairs to or 136 replacements of the Pipeline in a manner so as not to interfere with the proper use and operation 137 of or cause injury or damage to any property or waters of the United States, property of the 138 District, and/or any facilities or project works of Reclamation and/or the District. The Licensee 139 shall reimburse Reclamation and/or the District for all injury or damage to said property, waters, 140 facilities, and/or project works arising out of the utilization of the rights granted pursuant to this 141 Amendment, which is caused by the Licensee; and the Licensee shall promptly pay any invoice 142 rendered by Reclamation and/or the District.
143
144 22. WATER: Nothing contained in this Amendment shall be deemed to entitle the Licensee to, 145 nor shall be construed as granting any rights to obtain water from the United States, and no wells 146 shall be constructed or installed on the Reclamation Lands covered by this Amendment. 147
148 23. TERM: The License and this Amendment, unless otherwise terminated as provided for in 149 Article 24 herein, shall terminate on October 19, 2035, the original twenty-five (25) year term of 150 said License. Said License and this Amendment may, upon written agreement of the parties, be 151 extended for an additional twenty-five (25) year term. Any request for extension shall be filed 152 by the Licensee, in writing, with the Area Manager not less than one hundred eighty (180) days 153 prior to termination of the License and Amendment.
154
155 24. TERMINATION:
156
157 (a) This Amendment shall terminate, and all rights granted to the Licensee hereunder 158 shall cease, and the Licensee shall quietly deliver to Reclamation possession of the Premises in 159 like condition as when taken, reasonable wear and tear excepted:
Contract No. 09-07-34-11647
Amendment No. 1
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161 (1) At the expiration of the term as provided in Article 23. 162
163 (2) For nonuse of the Premises by the Licensee for a period of two (2) years 164 following the execution of this Amendment, at the option of Reclamation . 165
166 (3) After failure of the Licensee to observe any of the conditions of this 167 Amendment, to include payment of any and all sums due to Reclamation as set forth herein, and 168 on the tenth (10th) day following service of written notice on the Licensee of termination because 169 of failure to observe such conditions. Any notice required by this Article shall be served by 170 certified mail addressed to the respective post office addresses provided in Article 36, and the 171 mailing of any such notice properly enclosed, addressed, stamped, and certified, shall be 172 considered service.
173
17 4 ( 4) Reclamation may, at any time and at no cost or liability to the United States, 175 terminate this Amendment in the event of a natural disaster, a national emergency, a need arising 176 from security requirements, or an immediate and overriding threat to public health and safety. 177
178 (5) Reclamation may, at any time and at no cost or liability to the United States, 179 terminate any use authorization for activities other than existing authorized private exclusive 180 recreational or residential use as defined under 43 CFR § 429.2 (2024) if Reclamation 181 determines that any of the following apply:
182
183 (i) The use has become incompatible with authorized project purposes, 184 project operations, safety, and security;
185
186 (ii) A higher public use is identified through a public process described at 187 43 CFR § 429.32(a)(l) (2024); or
188
189 (iii) Termination is necessary for operational needs of the project. 190
191 (6) Reclamation may, at any time and at no cost or liability to the United States, 192 terminate this Amendment if it determines that the Licensee has used this Amendment for any 193 purpose other than its intended purpose.
194
195 (7) Reclamation may, at any time and at no cost or liability to the United States, 196 terminate this Amendment if the Licensee fails to comply with all applicable Federal, State, and 197 local laws, regulations, ordinances, Executive Orders, and Reclamation Laws, policies, and 198 directives and standards, existing or hereafter enacted or promulgated, or terms and conditions of 199 any use authorization, or to obtain any required permits or authorizations. 200
201 (8) Upon the expiration, termination, or revocation of this Amendment, if all use 202 fees and damage claims due Reclamation have been paid, the Licensee may be required, at the Contract No. 09-07-34-L1647
Amendment No. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 361 of 1094 6 203 option of Reclamation, to remove any or all of the Pipeline placed upon the Premises and shall 204 restore the Premises to a condition satisfactory to the Area Manager. Should Licensee fail to 205 remove the Pipeline within sixty ( 60) days of expiration, termination, or revocation of this 206 Amendment, the Area Manager may, on behalf of Reclamation, deny and prohibit any or all 207 access to the Pipeline and Premises. At the option of Reclamation, any remaining Pipeline may 208 become property of the United States or be removed at the expense of the Licensee. The 209 Licensee shall promptly pay all expenses incurred by Reclamation for removal and restoration 210 upon its receipt of an invoice for the same.
211
212 (9) Should this Amendment be terminated, Reclamation, reserves the right to bar 213 the Licensee from the authorization to use Reclamation Lands for a period of time, as determined 214 by the Area Manager.
215
216 25. TERMINATION OF AMENDMENT BY THE LICENSEE : This Amendment may be 217 terminated at any time by the Licensee upon sixty (60) days written notice to Reclamation. 218 Should the Licensee exercise its option to terminate this Amendment, all rights granted the 219 Licensee hereunder shall cease, and the Licensee shall quietly deliver to Reclamation possession 220 of the Premises in like condition as when taken, reasonable wear and tear excepted. 221
222 26. CONSIDERATION: In accordance with 43 CFR § 429 (2016), consideration for this 223 Amendment shall be payment to Reclamation by the Licensee of the following:
224
225 (a) The sum of One Hundred Dollars ($100), as the initial non-refundable deposit fee 226 required by 43 CFR § 429.16, for submission and preliminary review of the application, which is 227 hereby acknowledged; and
228
229 (b) Additional administrative costs in excess of the initial deposit for administrative costs 230 incurred by Reclamation in processing this Amendment, which is hereby waived pursuant to 231 43 CFR § 429.26 (a) (3).
232
233 (c) All estimated administrative costs, in advance, or within thirty (30) days after receipt 234 of an invoice rendered therefore; advance administrative costs in excess of actual costs shall be 23 5 refunded.
236
237 (d) In accordance with 43 CFR § 429.26 (a) (4), the annual rental rate is hereby waived 238 as the Licensee is a public entity.
239
240 27. EXCEPTIONS AND RESERVATIONS:
241
242 (a) Reclamation and the District reserve the right of their officers, employees, and agents 243 to at all times have unrestricted access and ingress to, passage over, and egress from all of the 244 Premises to make investigations of all kinds, dig test pits and drill test holes, to survey for, 245 operate, and maintain existing Reclamation works and facilities, and to construct reclamation and Contract No. 09-07-34-L1647
AmendmentNo. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 362 of 1094 7 246 irrigation works and other structures incident to Reclamation project needs and purposes. 247 Reclamation and the District shall have no obligation to restore the Licensee's Pipeline if 248 Reclamation and the District exercise their rights reserved herein. All costs, expenses, 249 obligations, and duties, to restore any part of the Licensee's Pipeline shall be incurred by the 250 Licensee.
251
252 (b) The rights granted hereunder shall not be exclusive in character and Reclamation and 253 the District reserve to themselves, their successors and assigns, the right against the Licensee to 254 use any or all of the Premises, which is or may be crossed, or upon which irrigation and drainage 255 facilities and works of Reclamation and the District have been constructed, and to construct, 256 reconstruct, operate, and maintain therein and thereon works including, but not limited to, dams, 257 dikes, canals, waste ways, laterals, ditches, telephone and telegraph lines, electric transmission 258 lines, roadways, and appurtenant irrigation and drainage structures which may be needed or 259 useful in connection with or as part of canals, laterals, and other irrigation and drainage facilities 260 without any payment by Reclamation or the District, its successors and assigns, for the exercise 261 of such right. The Licensee agrees that if the construction, reconstruction, installation, operation, 262 or maintenance of any or all of such works of Reclamation, on or across the Premises, should be 263 made more expensive by reason of the existence of the Licensee's Pipeline, such additional 264 expense may be estimated by Reclamation or the District whose estimate shall be final and 265 binding upon the parties hereto, and within thirty (30) days after demand is made upon the 266 Licensee for payment of any such sums, the Licensee shall make payment thereof to 267 Reclamation and the District, its successors and assigns, for constructing, operating, or 268 maintaining such works across, over, under or upon the Premises. 269
270 (c) Reclamation and the District reserve the right to inspect the Licensee's Pipeline 271 under the terms of this Amendment both during the progress of construction and upon 272 completion thereof and anytime thereafter.
273
27 4 ( d) Jurisdiction of and supervision by Reclamation over the Premises is not surrendered 275 or subordinated by issuance of this Amendment and Reclamation reserves the right to issue 276 additional use authorizations and other agreements for compatible use of the Premises. 277
278 28. TERMS AND CONDITIONS: In use of the Premises, the Licensee shall faithfully observe 279 each of the following conditions:
280
281 (a) The Licensee, at its sole expense, shall construct, install, own, use, operate, and 282 maintain said Pipeline in conformity with all applicable Federal, State, and local laws, 283 regulations, ordinances, Executive Orders, and Reclamation Laws, policies, and directives and 284 standards, existing or hereafter enacted or promulgated, including but not limited to, those 285 relating to pollution and environmental control.
286
287 (b) The Licensee shall be solely responsible for, and ensure that, said Pipeline is 288 constructed in accordance with Exhibit A, as approved by the Area Manager and the District.
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IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 363 of 1094 8 289 Licensee must obtain written authorization from the Area Manager and the District prior to 290 making any changes to the approved plan details of the Pipeline, as described on Exhibit A. 291
292 ( c) All construction, installation, ownership, use, operation, and maintenance activities 293 undertaken pursuant to this Amendment shall be in conformity with the specifications approved 294 in advance by the Area Manager and the District and shall be conducted by the Licensee at all 295 times in a manner satisfactory to the Area Manager and the District. It shall be incumbent upon 296 the Licensee to obtain Reclamation and the District's approval prior to undertaking such 297 installation activities.
298
299 ( d) The Licensee shall at all times, and at its sole expense, operate and maintain and 300 make necessary repairs and replacements on said Pipeline in a good and workmanlike manner so 301 as not to interfere with the proper use and operation of, or cause injury or damage to any 302 property, irrigation, and drainage facilities, or works of Reclamation. All equipment installed, 303 operated, and maintained pursuant to this Amendment will be maintained in a safe condition 304 satisfactory to the Area Manager and the District. The Licensee will reimburse Reclamation for 305 all injury or damage to property, irrigation and drainage facilities, or works of Reclamation 306 arising out of the utilization of the rights granted pursuant to this Amendment which is caused by 307 the Licensee, its officers, agents, or employees, and the Licensee will promptly pay any bills 308 rendered therefore by Reclamation.
309
310 ( e) During construction and use of the Premises, the Licensee shall carry out proper and 311 efficient measures wherever and as often as necessary to reduce nuisance by dust, and to prevent 312 dust which has originated from its operations from damaging any other properties or causing a 313 nuisance to persons.
314
315 ( f) The Licensee shall reimburse Reclamation and the District for any and all costs and 316 expenses incurred in the defense of any action which challenges the Licensee's use of the 317 Premises.
318
319 (g) The rights granted by this Amendment are subject to any and all applicable Federal, 320 State, and local laws, regulations, ordinances, Executive Orders, and Reclamation Laws, policies, 321 and directives and standards, existing or hereafter enacted or promulgated, and rights of 322 Reclamation, the United States, and to existing rights in favor of the public or third parties. The 323 Licensee agrees that it is its sole responsibility to make whatever arrangements as are necessary 324 to obtain such rights as may be required of the Licensee from any other party or parties holding 325 any other interests.
326
327 (h) The Licensee shall notify the Area Manager and the District within ninety (90) days 328 of substantial completion of use, and within said ninety (90) days shall undertake customary and 329 prudent measures to smooth, recontour, clean, remove debris, grade, scarify, repair, restore, or 330 otherwise rehabilitate the lands, water, structures, and facilities of Reclamation that were Contract No. 09-07-34-L1647
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334 (i) The Licensee shall not issue or grant easements, rights-of-way, land rights, leases, 335 licenses, permits, crossing agreements, recreational or special use agreements, and shall not 336 allow commercial ventures on the Premises. Any such use instruments shall be issued by 337 Reclamation only.
338
339 G) The Licensee shall ensure the Premises and surrounding area are maintained in a 340 sanitary condition at all times. All trash and debris shall be removed upon leaving the Premises . 341
342 (k) The Licensee shall not make any alteration of said Reclamation Lands, including the 343 Facilities, without prior written concurrence of Reclamation and the District. 344
345 (1) The Licensee shall ensure that no unauthorized encroachment occurs, and no waste is 346 committed, on Reclamation Lands under this Amendment. 347
348 (m) The Licensee shall have the right to allow its agents, contractors, and subcontractors 349 to use Reclamation Lands under this Amendment for the purposes stated herein. 350
351 (n) The Licensee shall promptly reimburse Reclamation and/or the District for all 352 damages to Reclamation Lands, waters, facilities, and/or project works, arising out of the 353 construction, installation, operation, maintenance, use, termination, or removal by the Licensee 354 of the Licensee's Pipeline located on Reclamation Lands under this Amendment, provided, 355 however, that if Reclamation and/or the District does not use the payment to repair such 356 damages, Reclamation and/or the District shall not recover additional payment for such damages 357 at the time of termination of this Amendment.
358
359 (o) The Licensee sh,ill not use the Premises or permit the use thereof for any purposes 360 except as set forth herein.
361
362 29. SPECIAL CONDITIONS: In use of the Premises, the Licensee shall faithfully observe 363 each of the following conditions:
364
365 (a) Any construction and installation activity for said Pipeline beyond the Premises is 366 not authorized by the United States, Reclamation, or this Amendment. 367
368 (b) In the event the Licensee is not the underlying fee owner of the land encumbered by 369 Reclamation's rights-of-way, it shall be incumbent on the Licensee to secure permission of the 370 fee owner(s) for approval to enter upon, cross, or use the land, including the Reclamation 371 rights-of-way.
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373 (c) The Licensee must follow Reclamation's requirements for crossing of Reclamation 374 projects and facilities which are found in Reclamation's "Engineering and O&M Guidelines for 375 Crossings -Bureau of Reclamation Water Conveyance Facilities (Canals, Pipelines, and Similar 376 Facilities)," hereinafter referred to as "Guidelines," as described and depicted on Exhibit B, 377 attached hereto and by this reference made a part hereof. 378
379 (1) Provide detectable warning tape in accordance with Section 3.3 of the 380 Guidelines.
381
382 (2) Install signage to clearly demarcate the location of the Pipeline within 383 Reclamation Lands and Facilities, as specified in Section 3.3 of the Guidelines. 384
385 (3) Ensure protection of the existing box structure in place. Any existing 386 embedment or backfill around the box culvert must be properly compacted using handheld tools 387 weighing less than 2,000 lbs, in accordance with Section 3.2.4 of the Guidelines. 388
389 (d) The Licensee shall be solely responsible for, and ensure that, Licensee potholes 390 Reclamation's existing Facilities within the Premises to verify depths and locations of the 391 Facilities in the presence of a Reclamation and/or District representative. 392
393 (1) Licensee shall ensure design plan sheets annotate that potholing of the Facilities 394 is required.
395
396 (2) Potholing activity within and across the Premises will require review and 397 approval in advance by Reclamation.
398
399 (3) Licensee shall provide a potholing schedule and seventy-two (72) hour notice to 400 Reclamation and the District prior to the start of any potholing activity. Said seventy-two (72) 401 hour notice shall be provided to Reclamation and the District, so that a Reclamation and/or 402 District representative can attend any pre-construction meetings and be on-site during potholing 403 activity.
404
405 (i) Reclamation's Technical Support Office, Construction Services Group 406 Manager, Mr. Alex Belous, at telephone No. (928) 343-8314 and/or by electronic mail at 407 [email protected].
408
409 (ii) District's Right-of-Way Supervisor, Ms. Chris Bogan, at telephone 410 No. (760) 398-2661 and/or by electronic mail at [email protected]. 411
412 (4) Within thirty (30) days of the completion of the potholing activity, Licensee 413 shall furnish Reclamation with said potholing reports. Said potholing reports shall be provided 414 to Reclamation by electronic mail to: [email protected].
Contract No. 09-07-34-L1647
Amendment No. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 366 of 1094 11 415
416 (e) The Licensee shall be solely responsible for, and ensure that, Reclamation and 417 District projects and facilities, and Reclamation Lands, and waters, including the Facilities, are 418 protected in place during the construction, installation, use, operation, maintenance, and 419 termination activities authorized herein.
420
421 (f) The Licensee shall be solely responsible for, and ensure that, construction, 422 installation, use, operation, maintenance, and termination activities of said Pipeline do not 423 interfere with Reclamation and/or the District's operation and maintenance activities of the 424 Reclamation Lands.
425
426 (g) The Licensee shall be solely responsible for, and ensure that, construction, 427 installation, use, operation, maintenance, and termination activities of said Pipeline do not 428 adversely affect or impact the Reclamation Lands.
429
430 (h) The Licensee shall be liable for any costs associated with repairs of Reclamation 431 and/or District facilities, structures, or project works of Reclamation if damaged during the 432 construction, installation, use, operation, maintenance, and termination activities authorized 433 herein.
434
435 (i) The Licensee shall ensure that any disturbed banks on said Facilities are stabilized in 436 a manner approved by Reclamation and the District prior to any construction. 437
438 (j) The Licensee shall protect all properties owned and/or previously permitted by 439 Reclamation within its Reclamation Lands for the Facilities. 440
441 (k) The Licensee shall be solely responsible for, and ensure that, no material of any kind 442 is discharged into the Reclamation Lands, including the Facilities, and/or any other Reclamation 443 and/or District facilities.
444
445 (1) The Licensee shall be solely responsible for, and ensure that, Reclamation and the 446 District has access to the Premises at all times during construction, installation, use, operation, 447 maintenance and termination activities of the Pipeline and/or Reclamation facilities. Nothing 448 shall prevent Reclamation and/or the District from construction, operation, maintenance, 449 removal, expansion, improving, relocation and/or replacement of the Facilities, and/or other 450 Reclamation facilities, or the delivery of water through these facilities. 451
452 (m) Any provider intending to install or construct any utilities and/or other improvements 453 on the Premises not specifically authorized by this Amendment shall make separate application 454 to Reclamation and/or the District for authorization and right-of-use prior to any construction or 455 installation.
Contract No. 09-07-34-L1647
Amendment No. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 367 of 1094 12 456
457 (n) Prior to Licensee performing any construction activity on said Pipeline, Licensee 458 shall obtain Reclamation and the District's review and written approval on Licensee's design 459 plans for the construction activity. Licensee shall ensure coordination with Reclamation and the 460 District prior to commencing any construction, and during all construction, installation, 461 operation, maintenance, replacement, repair and termination activities of the Licensee's Pipeline 462 within Reclamation's Lands and Facilities, including inspection as required by Reclamation 463 and/or the District during and after construction, and shall be conducted in strict compliance with 464 all stipulations as set forth in Reclamation and the District's review and approval. 465
466 (o) The Licensee shall provide a construction schedule and seventy-two (72) hour notice 467 to Reclamation prior to the start of any construction activity. Said seventy-two (72) hour notice 468 shall be provided to Reclamation's Technical Support Office, Construction Services Group 469 Manager, Mr. Alex Belous, at telephone No. (928) 343-8314 and/or by electronic mail at 470 [email protected], so that a Reclamation Inspector can attend any pre-construction meetings and 471 be on-site during construction and installation activities. 472
473 (p) The Licensee shall provide a construction schedule and seventy-two (72) hour notice 474 to the District prior to the start of any construction activity. Said seventy-two (72) hour notice 475 shall be provided to the District's, Right-of-Way Supervisor, Ms. Chris Bogan, at telephone 476 No. (760) 398-2661 and/or by electronic mail at [email protected], so that a District 4 77 representative can attend any pre-construction meetings and be on-site during construction and 478 installation activities.
479
480 ( q) Within thirty (3 0) calendar days of the completion of construction and installation of 481 the Pipeline, the Licensee shall provide notification to Reclamation and the District. 482
483 (r) Within ninety (90) calendar days of the completion of construction and installation of 484 the Pipeline, the Licensee shall furnish Reclamation and the District each with as-built drawings 485 depicting the location, depth, elevation, and coordinate system of said Pipeline, as installed. Said 486 drawings shall be provided to Reclamation and the District to include one (1) 1 lxl 7 sized set of 487 drawings, one (1) copy in PDF electronic format, and one (1) electronic copy of the drawings in 488 AutoCAD format or compatible. Electronic drawings shall be provided to Reclamation by 489 electronic mail to: [email protected].
490
491 (s) In case of emergency involving the Reclamation Lands, including the Facilities, 492 and/or any other Reclamation facility, the Licensee shall immediately notify Reclamation at 493 telephone No. (928) 343-8100 and the District at telephone No. (760) 398-2661. 494
495 (t) The Licensee shall immediately notify Reclamation's Environmental Planning and 496 Compliance Group Manager, at telephone No. (928) 343-8100, of any accidental release of 497 hazardous substances, toxic substances or hazardous waste on or near the Premises. 498
Contract No. 09-07-34-L1647
Amendment No. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 368 of 1094 13 499 (u) The Licensee shall restore and repair, if necessary, the Premises and surrounding area 500 to its original condition or improved and in a manner satisfactory to Reclamation and the 501 District.
502
503 (v) The Licensee acknowledges and agrees that Reclamation and/or the District may 504 require the Licensee to cease all use, operation and maintenance activities related to the Pipeline, 505 for project purposes related to the Reclamation Lands, with reasonable advance notice to the 506 Licensee, as determined by Reclamation and/or the District. 507
508 (w) Reclamation and the District retain all rights previously reserved and the authority to 509 enter upon the Premises.
510
511 (x) Reclamation and the District maintain the right to require that Licensee remove the 512 Pipeline if deemed necessary for construction, maintenance or related activities performed within 513 the Reclamation Lands for the Facilities, and/or any other facilities, and Reclamation and the 514 District shall have no financial responsibility for any such removal. 515
516 (y) Any damage to the Licensee's Pipeline or its related features caused by operation and 517 maintenance activities of Reclamation and/or the District on project works and/or facilities shall 518 be the sole responsibility of the Licensee to repair and/or replace, and the United States, 519 Reclamation, and/or the District shall have no financial responsibility for any such repairs and/or 520 replacements.
521
522 (z) The Licensee shall reimburse Reclamation and/or the District for any additional costs 523 incurred in the operation and maintenance of Reclamation and/or District facilities which are 524 attributable to the Licensee's Pipeline and its related features. 525
526 (aa) The Licensee hereby agrees to incur all costs, expenses, obligations, and duties to 527 restore the Licensee's Pipeline in the event Reclamation and/or the District exercise their rights 528 reserved herein.
529
530 (bb) Reclamation will accept no responsibility for the structural adequacy of the Pipeline . 531 Approval is based on the construction and installation of the Pipeline only. 532
533 (cc) This authorization to use Reclamation's Lands shall not be construed as a grant of 534 any permanent ownership and/or interest or as abandonment by the United States or Reclamation 535 of any rights, including but not limited to, use and occupancy of the Premises, and/or 536 Reclamation's Lands.
537
538 (dd) All on-site personnel shall be personally instructed by Licensee regarding the 539 above-listed conditions.
Contract No. 09-07-34-L1647
Amendment No. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 369 of 1094 14 540
541 GENERAL PROVISIONS
542
543 30. HOLD HARMLESS:
544
545 (a) Reclamation: The Licensee hereby agrees to indemnify and hold harmless 546 Reclamation, its officers, employees, agents, and assigns, from any loss or damage and from any 547 liability on account of personal injury, property damage, or claims for personal injury or death 548 arising out of the Licensee's activities under this Amendment. Additionally, except for acts of 549 negligence, the Licensee releases Reclamation, its officers, employees, agents, and assigns, from 550 any and all liability for damage arising from injury to persons or damage to structures, 551 equipment, improvements, or works of the Licensee resulting from the construction, 552 reconstruction, operation, or maintenance of any of the works of Reclamation. Provided, 553 however. that nothing contained in this clause shall be deemed to modify or limit any liability 554 which may be imposed by the Federal Tort Claims Act, 28 U.S.C. § 2671-2680. 555
556 (b) District: The Licensee shall indemnify, defend, and hold harmless the District, its 557 officers, directors, employees, agents, representatives, successors, and assigns, from and against 558 all claims, costs, losses, damages, demands, liabilities, and expenses (including, but not limited 559 to, all fees and charges of attorneys and other professionals, and all court or arbitration or other 560 dispute resolution costs) of any kind or character arising out of or relating to:
561
562 (1) Any act or omission by the Licensee or its representatives, to include its 563 employees, agents, contractors, subcontractors, or any other persons directly or indirectly 564 employed by any one of the foregoing, or reasonably under the control of any of the foregoing, 565 or for whose acts any of the foregoing may be liable (collectively, "Representatives"), in 566 connection with the rights granted to Licensee pursuant to this Amendment; 567
568 (2) Any violation or alleged violation by the Licensee or its Representatives of any 569 law or regulation now or hereafter enacted;
570
571 (3) Any breach by Licensee of its obligations under this Amendment; and 572
573 ( 4) Any enforcement by the District of any provision of this Amendment; provided, 574 however, the foregoing indemnification shall not apply to the extent any claim is ultimately 57 5 established by a court of competent jurisdiction to have been caused by the gross negligence or 576 willful misconduct of the District, its officers, directors, employees, agents, representatives, 577 successors, and assigns.
578
579 31. DISCOVERY OF CULTURAL RESOURCES: The Licensee shall immediately provide a 580 verbal notification to Reclamation's Environmental Planning and Compliance Group Manager at 581 telephone No. (928) 343-8100 of the discovery of any and all antiquities or other objects of 582 archaeological, cultural, historic, or scientific interest on or within the Premises. The Licensee Contract No. 09-07-34-L1647
Amendment No. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 370 of 1094 15 583 shall follow up with a written report of their finding(s) to Reclamation within forty-eight ( 48) 584 hours. Objects under consideration include but are not limited to historic or prehistoric ruins, 585 human remains, funerary objects, and artifacts discovered as a result of activities authorized 586 under this Amendment. The Licensee shall immediately cease its activity in the area of the 587 discovery, make a reasonable effort to protect such discovery, and wait for written approval from 588 Reclamation before resuming activity. Protective and mitigative measures specified by 589 Reclamation shall be the responsibility of the Licensee. 590
591 32. CLEAN AIR AND WATER: The Licensee agrees as follows:
592
593 (a) To comply with all Federal, State, and local requirements of the Clean Air Act 594 of 1955, Pub. L. No. 84-159, 69 Stat. 322, as supplemented and amended (CAA), and the Federal 595 Water Pollution Control Act of 1948, Pub. L. No. 80-845, 62 Stat. 1155, as supplemented and 596 amended (CW A); and
597
598 (b) To obtain written permission from Reclamation prior to conducting any activities that 599 require permits, plans, or certificates under the CAA or the CW A; and 600
601 ( c) To provide Reclamation with a copy of any correspondence between the Licensee 602 and any regulatory agency concerning CAA or CW A compliance, including but not limited to 603 copies of permit applications, permits, reports, notices of violation, or enforcement actions; and 604
605 (d) To take immediate and effective action to correct any violation related to the CAA or 606 the CW A. The Licensee shall provide Reclamation with a narrative description of the violation, 607 the actions taken by the Licensee, the date the violation began, the date that the Licensee became 608 aware of the violation, and the date that the Licensee returned to compliance; and 609
610 ( e) To take action to comply with any changes to the CAA and the CW A within the 611 schedule required by the regulation, rule, or guidance. 612
613 33. HAZARDOUS MATERIALS: During the performance of any activity on the Premises, the 614 Licensee agrees as follows:
615
616 (a) The Licensee shall not allow contamination or pollution of Reclamation Lands, 617 waters, facilities, and/or project works of Reclamation for which the Licensee has the 618 responsibility for care, operation, and maintenance by its Representatives and shall take 619 reasonable precautions to prevent such contamination or pollution by third parties. Substances 620 causing contamination or pollution shall include but are not limited to hazardous materials, 621 thermal pollution, refuse, garbage, sewage effluent, industrial waste, petroleum products, mine 622 tailings, mineral salts, misused pesticides, pesticide containers, or any other pollutants.
Contract No. 09-07-34-L1647
Amendment No. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 371 of 1094 16 623
624 (b) The Licensee shall comply with all applicable Federal, State, and local laws, 625 regulations, ordinances, Executive Orders, and Reclamation Laws, policies, and directives and 626 standards, existing or hereafter enacted or promulgated, concerning any hazardous material that 627 will be used, produced, transported, stored, or disposed of on or in Reclamation lands and 628 rights-of-way, waters, facilities, and/or project works. 629
630 (c) "Hazardous material" shall mean any substance, pollutant, or contaminant listed as 631 hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act 632 of 1980, as amended, 42 U.S.C. §§ 9601-9675 (2012), and the regulations promulgated pursuant 63 3 to that Act.
634
63 5 ( d) Upon discovery of any event which may or does result in contamination or pollution 636 of Reclamation Lands, waters, facilities, and/or project works, the Licensee shall initiate 63 7 emergency measures to protect health and safety and the environment if necessary and shall 638 provide notice of such discovery with full details of the actions to Reclamation's Environmental 639 Planning and Compliance Group Manager at telephone No. (928) 343-8100. Additionally, all 640 spills regardless of size shall be reported to Reclamation's Environmental Planning and 641 Compliance Group Manager. Such notice shall be within a reasonable time period but not to 642 exceed twenty-four (24) hours from the time of discovery if it is an emergency, and the first (1st) 643 working day if it is a non-emergency. An emergency is any situation that requires immediate 644 action to reduce or avoid endangering public health and safety or the environment. 645
646 ( e) Violation of any of the provisions of this Article, upon which the Licensee does not 647 take immediate corrective action, shall constitute grounds for termination of this Amendment 648 and shall make the Licensee liable for the cost of the full and complete remediation and/or 649 restoration of any resources, lands, waters, projects and/or facilities of Reclamation that are 650 adversely affected as a result of the violation.
651
652 (f) The Licensee agrees to include the provisions contained in paragraphs (a) through (e) 653 of this Article in any entered subcontract or third-party contract authorized by this Amendment. 654
655 (g) Reclamation agrees to provide information necessary to the Licensee for using 656 reasonable diligence to comply with the provisions of this Article. 657
658 34. PESTICIDES: In use of the Premises :
659
660 (a) The Licensee shall not permit the use of any pesticides on Reclamation Lands, 661 waters, facilities, or project works of Reclamation without prior written authorization from 662 Reclamation. The Licensee shall submit to Reclamation for approval an Integrated Pest 663 Management Plan (IPMP) thirty (30) days prior to pesticide application.
Contract No. 09-07-34-L1647
Amendment No. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 372 of 1094 17 664
665 (b) All pesticides used shall be in accordance with the current registration, label 666 direction, or other directives regulating their use (State Department of Agriculture, Department 667 of Ecology, OSHA, etc.) and with applicable Reclamation policy and directives and standards. 668 Applicators will meet applicable State training or licensing requirements. Records maintenance 669 shall be in accordance with State requirements and furnished to Reclamation no later than 670 five (5) working days after application of a pesticide. 671
672 ( c) Any equipment, tools, and machines used for pesticide application shall be in good 673 repair and suitable for such use. Equipment shall be calibrated prior to the spraying season and 674 as deemed necessary by Reclamation.
675
676 (d) Mixing, disposal, and cleaning shall be done where pesticide residues cannot enter 677 storm drains, sewers, or other non-target areas.
678
679 ( e) The Licensee shall initiate any necessary measures for containment and clean up of 680 pesticide spills. Spills shall be reported to Reclamation with full details of the actions taken. 681 Reporting must be made within a reasonable time period. A reasonable time period means 682 within twenty-four (24) hours of the spill if it is an emergency or by the first (1st) working day if 683 it is a non-emergency. An emergency is any situation that requires immediate action to reduce or 684 avoid endangering public health and safety or the environment. 685
686 (f) Aerial application of pesticides is prohibited without prior written authorization from 687 Reclamation.
688
689 (g) The Licensee agrees to include the provisions contained in paragraphs (a) through (f) 690 of this Article in any entered subcontract or third-party contract authorized by this Amendment. 691
692 35. NONDISCRIMINATION: The Licensee hereby agrees as follows:
693
694 (a) To comply with Title VI of the Civil Rights Act of 1964, § 601, Pub. L. No. 88-352, 695 78 Stat. 241, as supplemented and amended, which provides that "no person in the United States 696 shall, on the ground of race, color, or national origin, be excluded from participation in, be 697 denied the benefits of, or be otherwise subjected to discrimination under any program or activity 698 receiving Federal financial assistance," and to be bound by the regulations of the Department of 699 the Interior for the effectuation thereof, as set forth in 43 CFR § 17 (2016). For purposes of this 700 subpart, "Federal financial assistance" shall have the meaning prescribed to it by 701 43 CFR § 17.202(h) (2016).
702
703 (b) To comply with the Rehabilitation Act of 1973, § 504, Pub. L. No. 93-112, 704 87 Stat. 355, as supplemented and amended, which is designed to eliminate discrimination on the Contract No. 09-07-34-L1647
Amendment No. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 373 of 1094 18 705 basis of disability in any program or activity receiving Federal financial assistance. For purposes 706 of this subpart, "Federal financial assistance" shall have the meaning prescribed to it by 707 43 CFR § 17.12(e) (2016).
708
709 (c) To comply with the Age Discrimination Act of 1975, as supplemented and amended, 710 42 U.S.C. §§ 6101-6107, and the general age discrimination regulations at 45 CFR § 90 (2016) 711 which are designed to prohibit discrimination on the basis of age in programs and activities 712 receiving Federal financial assistance, as set forth in 43 CFR § 17 (2016). For purposes of this 713 subpart, "Federal financial assistance" shall have the meaning prescribed to it by 714 43 CFR § 17.303(h) (2016).
715
716 (d) To obligate its subcontractors, subgrantees, transferees, successors in interest, or any 717 other participates receiving Federal financial assistance hereunder, to comply with the 718 requirements of these provisions.
719
720 36. NOTICES: Any notice, demand, authorization, or request required to be made or given 721 herein shall be served via hand delivery, with signed receipt of acceptance, or by certified mail 722 addressed to the respective addresses given herein and the hand delivery or mailing of any such 723 notice properly enclosed, addressed, stamped, and certified, shall be considered service. 724
725 (a) Any notice, demand, authorization, or request required by this Amendment to be 726 made or given to or upon Reclamation, or the United States, except as otherwise provided herein, 727 shall be deemed properly given or made if hand delivered or mailed postage-prepaid, to the Area 728 Manager, Yuma Area Office, Bureau of Reclamation, 7301 Calle Agua Salada, Yuma, Arizona 729 85364.
730
731 (b) Any notice, demand, authorization, or request required by this Amendment to be 732 made or given to or upon the District shall be deemed properly given or made if hand delivered 733 or mailed postage-prepaid, to the General Manager, Coachella Valley Water District, 734 75-515 Hovley Lane East, Palm Desert, California 92236. 735
736 (c) Any notice, demand, authorization, or request required by this Amendment to be 737 made or given to or upon the Licensee shall be deemed properly given or made if hand delivered 738 or mailed postage-prepaid, to the City oflndio, 83101 Avenue 45, Indio, California 92201. 739
740 (d) The designation of the person to or upon whom any notice, demand, authorization, or 7 41 request is to be given or made, or the address of any such person, may be changed at any time by 742 notice given in the same manner as provided in this Article for other notices. 743
744 37. OFFICIALS NOT TO BENEFIT: No member of or delegate to Congress or Resident 745 Commissioner, and no officer, agent, or employee of the Department of the Interior, shall be 746 admitted to any share or part of this Amendment or to any benefit that may arise herefrom, but Contract No. 09-07-34-L1647
Amendment No. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 374 of 1094 19 7 4 7 this restriction shall not be construed to extend to this Amendment if made with a corporation or 748 contractor for its general benefit.
749
750 38. COVENANT AGAINST CONTINGENT FEES: The Licensee warrants that no person or 751 agency has been employed or retained to solicit or secure this Amendment upon an agreement or 752 understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide 753 employees or bona fide established agencies maintained by the Licensee for the purpose of 754 securing business. For breach or violation of this warranty, Reclamation shall have the right to 755 annul this Amendment without liability or in its discretion to require the Licensee to pay, in 756 addition to the right-of-use consideration, the full amount of such commission, percentage, 757 brokerage, or contingent fee.
758
759 39. ILLEGAL USE: Any activity deemed to be illegal on Reclamation Lands, waters, project 760 works, or facilities, shall be cause for immediate termination of this Amendment. 761
762 40. EFFECT OF AMENDMENT: This Amendment sets forth the intention of the parties 763 hereto as to the purposes set forth herein and Reclamation, makes no other claim or warranty, 764 expressed or implied, as to its extent or validity. 765
766 41. NO WARRANTY: Reclamation makes no warranty, expressed or implied, as to the extent 767 or validity of the grant contained herein.
768
769 42. FURTHER ASSURANCES: The parties hereto shall execute, acknowledge, and deliver 770 such other instruments and documents as may be necessary or appropriate to carry out the full 771 intent and purpose of this Amendment.
772
773 43. ARTICLE HEADINGS: The Article headings referenced in this Amendment are included 774 for convenience only and the parties intend that they shall be disregarded in interpreting this 77 5 Amendment.
776
777 44. EXHIBITS: Except as otherwise provided herein, all exhibits attached to this Amendment 778 are incorporated into this Amendment by reference herein and made a part hereof. 779
780 45. SUCCESSORS AND ASSIGNS: This Amendment is personal, revocable, and 781 nontransferable and except as otherwise provided herein, shall not be construed as granting to the 782 Licensee any permanent right, title, or interest in the Premises, facilities, or project works of 783 Reclamation. This Amendment shall be binding upon and inure to the benefit of the successors 784 and/or assigns of the parties hereto; provided, however, that no assignment or transfer of any of 785 the rights of the Licensee hereunder shall be made without the prior written consent of 786 Reclamation.
Contract No. 09-07-34-L1647
AmendmentNo. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 375 of 1094 20 787
788 46. SEVERABILITY: Each provision of this use authorization shall be interpreted in such a 789 manner as to be valid under applicable law, but if any provision of this use authorization 790 shall be deemed or determined by competent authority to be invalid or prohibited hereunder, 791 such provision shall be ineffective and void only to the extent of such invalidity or prohibition 792 but shall not be deemed ineffective or invalid as to the remainder of such provision or any other 793 remaining provisions, or of the use authorization as a whole.
Contract No. 09-07-34-L1647
AmendmentNo. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 376 of 1094 21 IN WITNESS WHEREOF, the parties hereto have signed their names to this AMENDMENT NO. 1 which shall become effective the day and year first above written, and all terms and conditions of Contract and License No. 09-07-34-L1647, dated October 20, 2010, shall remain in full force and effect.
Contract No. 09-07-34-L1647
Amendment No. 1
THE UNITED STATES OF AMERICA
By:
Date:
Michael D. Norris
Area Manager
Yuma Area Office
Interior Region 8: Lower Colorado Basin
Bureau of Reclamation
Department of the Interior
ACCEPTANCE:
CITY OF INDIO
By:
Title:
Date:
CONCURRENCE:
COACHELLA VALLEY WATER DISTRICT
By:
Title:
Date:
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 377 of 1094 State of Arizona)
County of Yuma)
22 NOTARIAL ACKNOWLEDGEMENT
On this_ day of __ _, 2025, before me, _______ , a Notary Public in and for said County and State personally appeared __________ , Area Manager, Yuma Area Name
Office, Interior Region 8: Lower Colorado Basin, Bureau of Reclamation, United States Department of the Interior, known to me to be the person described in the foregoing instrument, and acknowledged to me that __ executed the same on behalf of the United States of America in the capacity therein stated and for the purpose therein contained. (Notary Seal) Notary Public
Description of document this notarial certificate is bein2 attached to:
Type/Title
Date of Document
Number of Pages
Additional Signers ( other than
those named in the notarial
certificate)
Contract No. 09-07-34-L1647
Amendment No. 1
Contract No. 09-07-34-L1647 Amendment No. 1
24 and Exhibits A and B
City of Indio
Coachella Valley Water District
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 378 of 1094
ACKNOWLEDGEMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ---------
On before me, -------- - _____ ______________ ,
(Here insert name and title of the officer)
personally appeared ________ ___________ _ _____ _
23 who personally proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
------- ------ ------Signature of Notary Public
Contract No. 09-07-34-L1647
Amendment No. 1
(Notary Seal)
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 379 of 1094
ACKNOWLEDGEMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ________ _
On before me, --------- ------- ------ ------ · (Here insert name and title of the officer) personally appeared ____________________ _____ _,
24 who personally proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
_________ _________ (Notary Seal)
Signature of Notary Public
Contract No. 09-07-34-L1647
Amendment No. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 380 of 1094 ► n
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INDIO WATER AUTHORITY
IN THE COUNTY OF RIVERSIDE, CALIFORNIA
AVENUE 50 AND MADISON STREET PIPE INSTALLATION PROJECT
LOCATED IN PORTIONS OF TOWNSHIP 5 SOUTH, RANGE 7 EAST, SECTION 33 AND 34 SAN BERNARDINO MERIDIAN
SUMMARY OF QUANTITIES
ITEM NO. ITEM DESCRIPTION
,,
T
MOBILIZATION& DEMOBILIZATION,l~IOriOS . IN~I!
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E>OSTIN<.
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COMPLYWITHCITYOFINDIOE~PERMIT
REQUIREMENTS, CAMUTaJ STAND,t.RDS_AHD CAI. TRAN$
STANDARD sPECFICATIONS
;r WATERUE SERVICE RECONNECT SERI/a TO METER\.
iLONGSIOE)
POTABLE WATER WARNING SIGH
DlgJaaraly
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811
Aft.c.&IJl'MOQITI,
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UNIT OF
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BOARD OF DIRECTORS
PRESIDENT/ MAYOR
MAYOR PRO TEM
COMIIISSIONER
COMMISSIONER
COMMISSIONER
GLENN MILLER
ELAINE HOLMES
WAYMOND FERMON
OSCAR ORTIZ
BENJAMIN GUITRON
EXECUTIVE DIRECTOR AND MANAGEMENT
GENERAL MANAGER REYMUNDO TREJO. P E
BRYAN H. MONTGOMERY CITY MANAGER
FINANCE RUBY WALLA
SHEET INDEX
SHEET DRAWING TITLE
SUMMARY OF QUANTITIES, IWA BOARD OF
1 DF 11 G-1 DIRECTORS, EXECUTIVE DIRECTORS ANO
MANAGEMENT, LOCATION MAP, SHEET
INDEX, LOCATION MAP AND BENCHMARK
GENERAL WATER NOTES, ABBREVIATIONS.
2OF11 G-2 LEGENDS, WORK TO BE DONE AND CROSS
REFERENCING SYSTEM~
3OF11 G-3 SHEET INDEX AND CONSTRUCTION NOTE
4OF 11 C-1 AVENUE ~OTO STA 23+00
5OF 11 C-2 AVENUE 50 STA 23+00 TO 32+00
6OF11 c-3 AVENUE SO STA 32+00 TO 41 +00
7OF11 C-4 AVENUE 50 STA41+00TO50♦00
6OF 11 C-5 AVENUE 50 STA 50+00 TO 59+00
9OF1t C<I AVENUE ro STA S9+00 TO 67 ♦00
10OF11 C-7 AVENUE SO STA 67+00 TO AVE 50
11 OF11 C<I MADISON STREET STA 10+00 TO 16+16
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~NU~ENTS ~ST!IB~ED
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NOTICE TO CONTRACTOR
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NOTE
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CITY OF INDIO. CALIFORNIA
AVUU I MI-AHOWA.D!IOMIJT.ttnt'9£
, .. -niUU110H,.11o..rt:ct
TITLE, SUMMARY OF QNTY.
VICINITY MAP,SHEET INDEX
ISS.1A1 ~s;,a;;,1J,'H)_~~-~ -~
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49476
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec...Page 382 of 1094 ,- n
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GENERAL WATER NOTES
I nc_11:,1.Y1•,t'Tl.1'tl,l~.C~TIIUCN:O.lfil~WJO I IMQO'W!o,ltftal,ftMCIUN rMlWATUIIT~MCUJ'l~:C,,'l"IQl4NIOftC",u,,.r)
Z. INAOC0flDNICl!MTHORDINANCE 1"1KJOf'TUIMMCH~.2mll,N0CUSTOM!R CONTRACTOFI OR MffantEA Pli.RSON &HAU. TAMPER WITH BAC.ICFLOW DEVICH 0A D-STI11BUTION VALVES WITHOUT COHIENT OF rw ... REPAIRS Of BACKfLOW DEVICE&StW.LBE DONE ev COM PANES N'fflD'o'ED~DAUTHORIZ!DBYrNA
3 FW1£1M>RNf18SH,tJ.LIIEWETBARReLWIJHONEl4'JANDTWOt21'o')OUTLETSWITHRE6TRAINED JD:JfTB BLUE HYDMNT ll!FL!CTOIUIAR:! RECUIReDl'Oft eACH HYORANT AN> LOC,t,TEDAS RE0URD8YTNli FIAEOEPAATMENT. REFER TOLIST OF APPAOV6D MA.U:RIALSN4D rNA STNCWIDDR,\Wl«lNO 10'
4 1'}11Uti:uMUlll'W.LNO.-l1'1,•torf01¥.-COH'CIII
!i. 6EAllla:.UNE8SN.AU.HAVEAf.tlNIMUMCCVEROl'THIRTY-61>11NCl£5(3111FR0MTOP0Ffli'ISHED caw:11!:TOTCPOFPIPE
8. EIERYUSBHAU.IE RUN IN PAIRS IN A COMMON TRENCH TO COMMON LOT CORNEIUI EXCEPT 'MtEREOTliEJIWEEN>ICATEOONTilEl'lAN
1 WATBI IEERSBHAl.l BEAS APPROVED NIDAS SHOWN ON TtE Pl.ANS METER BOltESSIW.LBE POLYIEIIBOXWJTHTRAFFIC COVERS WHERE REOUIAED !REFER 10 UST OF APPROVED ........... ,
a. All WATER MAINS 9iAU BE DUCTA.E IAON PIPE LDIP) R£9TRAINEDJO-N'TS AND ENCASED IN POlVETHELYNE PERAWNAAHD IWA STANDARDS PIPELAROER THAN TW:liLll.li ™CH t1r)DIAI.IETliA 5tW..L BEQ.A&S 2!11ANDTWEL\/E WCH (12'J OWJETER AND SMALLER liHAI.L BE CLASS"'° t =-ltJll,Wwl.lfd~l'Vo'ttli~O:,..'tJI-IQillff;:'NfO\llCMJl !l.f'l l,lllC&ll,.iHUrlO ID All. \IALVE5, EUIOWEi,AND TEES SHAU. SE RESTRAINED JOINT AND 5ll'PORTED BY THRUST BLOC.SP£Rrm,ST,t,NOJ.RODRAWINON0a 11&,\7188ANDlUIC.
II TRENDt EXCA.VATION, PIPE BEDDING, AND BACl<Fll SHALL COM'ORM TO THE rwA SPECIFICATIONS AJEGREENBOOK ll&l 4(81 PER AWWA COOO I A-AM41
12 ltai!~IUCICII.UIM.LNOTrtr1V ll tDflTN:IC'.,pjf t,41JMXIQ"'11111ltO STAATINGNNWORK, IJIO'J:Jitl,.~
ll ncECOHTIIACIORSHAI.L TeST ANOCl'LORWA.TEAI.LNF:WWATEI MAINS.BACTEIUOI.OGICAI.
SAlll'l.ES SHAU. BE CLEARED BY A CERTIFIED TUTINO LAB AHO PNASHAI.L HA\IE THE WRITTEN RESU..TSIM HNIID PRIOR TO TAPPING INTO El!ISWIG Mll•NS
'14 WATERUE?alDOXESstWJ.BEPLACmH ,l,C,tolll),l,NIWffl1D.uirM,.IIID~.,.alta!i 70DA. 1U!II OR 700C. WHICHEYER APPLIES
II ~l,r,Jl'U~ YOl' ~ 'r,.O?K~OlolftlCK~ jf~1,tc nt(
IIC:.~tr'l'QrT4toltlU.elOil°(OIIO'tVYIK'IOCAGACllMOMIIIV'a ALERTAT 1-aJG..VZ..4133 fORlY-EIGHT (4!)HOURS INADVANCEOFo:GGING AND TO VERIFY ANO PROTeCT AU.UTILITIES INTI-iECONSTRIJCllOM MEA. WHElllERSHOWN OR MOT SHOWN HEREON 111 PRIOR TO FINAL APPROVAL "-NOACCEPT!\NCE TNE CONTRACTOR SHALL SUBt.llT"AS-BU-Lr RECORD OR.\WINGS TO FNA THE OE SIGN ENGi MEER SHALL PROVIDE UPDATED DIGITIZED AlfTOCAD FI.ESTKIOUGH E-MAIL {f,V.-.ENGINEERINGQIM)IOORG)OR ONA CO IF SIZE OF FILEATTACHMem; """"'50"8
rt ::~~Gr:~.==~:c~~~l~:..,.-
ACTUAI. HOTT AP WLL Bl! .wll! BY CONTRACTOR
11111 ALL VAL\IESI.ES8TIWl1WEI.VE INCH(12'")1HSIZESHAU.6ER:ES!LIENTWEDGEGA1EVALVES VM.VES n\ELVE.INCH 112") OR GREAT!R JN SIZE. 6HAI.L BE BUTTERFLY VALVES (REFER TO LISTOF APPROVWMATl!AW.6)
11 AU. VALVE.a BHAU.BEAOJUSTEO TO FUTURE GRADE PER 1/00WATERAl/THORITY STAMlARO IR'IWINGHOS 71lA&71l B.
211 TIECONTRACT<Jl8HAll TAAi: EXTRACo\RET(l ~1MATTHEBAOU'1..LAAOU~ME1EA IIOJl2Sl3 Ca.a>ACTEO 6UF'FICIEfiTLY TO PREVENT SE1TLEMENT(AUER TO fNA ST,1.NDARI) ~ .i,c,!llfflu,,,rw1c,i.1ieieC.1.
21 THl!.COHTMCTOR atALLPRO\ll>E COhll'ACl'ICN TE6T RESULTS TOrwA PRIOR TO WATEfl MAIN PRE551JR£TE6TING
22.. AH'fWATVIMAN6Ht/TD:rwNl'40I.Mt.lnl,'l:lll'WOIOQ'ftOM'l"INO'IIC.l-'G"11ANfOMH ......,..., ... 2' NO WATER SHAU. BE OB1AINl!O FROM rNA FIRE HYDIWff WITHOUT THE UHE OP ~ AUTHORIZED CON!ITRLCTION HYDRANT METER OBTAIHEG FROM fN/4.
J,I ,lr,l,l ~lllJIL,r,CC .'9.WI lbWJ.HNll'1nOl.iO!Otl01/,L 25 COt.DMIU.TOTHEMINIMlJMOEPTHOf'21NC;:HEB~CONIJJRUCTMF:WA.C PA\ll!MliiNTFROM CEMERI.IHE TOCUAB AHO OUTTl:R
N T1COC11m,1,Ct~~ra.G\lt~NI0"110TC(;r.M.L£Xd.l'lfw0~UJUf'JH 1'C COffRACTORSHAU.Dl:Tl:IU.11NE THE OEPIH OF~. ELECTRJCAL, TELEPHOHE, TEiEV18IOH, 6101111 DRAIN, &EWER ~WATER AT ALL LNTBUiECTIONS PRJORTOt:QNSTRUCTIDH ~AS NCITEOa,/TI-iE PLANS. DAMAGED UTII.ITIE6 SIW.L BE REPLACED l't KIND UNDER TH~ SUPEIMSION CF THE OWN AT CONTRACTOR8 EXPENSE
01;.0sar,1~
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ABBREVIATIONS
"'
ASPKAL TIC CEMENT
""
MAA'HOLE ,.,.. llSK.11,'tOl,Cf».l!~IIIIN_ MIN MINIMUM
.... ,ll,MERICANNATI01'W. MJ MECHANICAL. JOINT
8TAhOAR06 INSllTIJTE N NORTH
..... A6P~LT NAO NORTH AMERICAN DA TUM .....,,. APPROXIMATELY NAVD NORTHAMeRICAN AV AIR & VACUUl.1 VALVE VERTICAi.DATUM
BfV BUTTERFLY VALVE
""'
NATIONAL PIPE THREAD
... '""""MARK 0G ORIGINAL GRADE
1K) BI.OWOFF DC ON CENTER
a. CLASS OR CENTERLINE OH OVERHEAD
CUI CLEAR PE Pt.AINEND
CIIP COARUGATEDMETAL PL PROPERTY LINE
~PE PSI POUNDS PER SQUARE
co,: CONCAETE INCH
ca<T CONTINUATION PYC POLYVINYL CHLORIDE
CORP CORPORATION PIPE
CPUl COUPUNG PW POTABI.EWATER
er COLl<T RCP REINFORCED CONCRETE
CV\W COACI--IELA VALLEY PIPE
WATER DISTRICT RO ROAD
DEF OEFLECTION REOO REQUIRED
""
DIAMETER RT RIOHT OR RIGHT TURN
... OUC::TllE IRON PIPE RW RECLAIMED WATER
DR DRIVE RN/ RIGHT OF WAY
DWG(S) DRA.WING!81 •
SOUTH OR SEWER
E EAST OR ELECTRICAL SCH SCHEDULE
EF EACH FACE so STORM DRAIN
"""'""''
EXISTING SSM sewER FORCE MAIN
FH FIRE HYDRANT SPECS SPECIFICATIONS
Fl(FlG) RANGED SQ SOUARE
FT ...., ss STAINLESS STEEL
G ... ST .m!Ol!l
GALV GALVANIZED srn STANDARD
GS GALVANIZED STEEL T TE1£PHONE
GV GATE VALVE TP TOP OF PIPE
""""'
HORIZONTAL n, TELEVISION
HP HGH PRESSURE r,p TYPICAL
IE INVERT ELEVATION VAR VARIOUS
... IRRIGATION VCP VrTRlFIEO CLAY PIPE
.. POUND VERT VERTICAL
LAT LATERAL WI. WATERLINE
IF I..INEARFOOT WV WATER VALVE
LT LEFT OR LEFT TURN w WATER OR WEST
-
MANUAi. AIR RELEASE WI '1'111TH
-
MAXIMUM
CROSS REFERENCING SYSTEM
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EXISTNATlR'ol.GASUNE '1iP"
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"OH" INDICATES OVERHEAD
EXIST PETROLEUM
l!XIST T!Ll!PHONE. CONOUIT(S)
l[IQIUCAIILIE'fElFl'~C~t.lJ
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0!!111' AA6 \IACUIJWVM.ll'll
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EXIST GATE VALVE
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ORIGINALQRAOE
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S'fMB.Cll OESallPllON
---- NEW POTABLE WATER PIPE
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0 NEWWATERMANHOLE
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AV'BCQl!:llf.u.lOIU. Oi5gfif ITRUTPV"~
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GENERAL WATER NOTES
ABBREVIATIONS
LEGENDS
a,,,m 2 0, 11
1111',TI. DEeo&NllillZI
49477
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec...Page 383 of 1094 ,- n
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I i CONSTRUCTION NOTES
0 CONSTRUCT lll"CLASS 35001WATERMAIN PERTRENt:HDEJM.rNASfD awarn>
© fl.lRNISI-IANO ~TALL 18" 45" DI BEND RESTRAINED JOINTS MTI-11l1RUST 8lOCK PERIWASTD DWG 709 SEE PLAN FOR BE~ANO EN)
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© FURNl5HN4D1NSTALL 111" DIBUTIERFLYVAL\/EPERrwASTD.11:!IE,WIIH THRU.ST BLOCtc PER PNA STD DWG 70II
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IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec...Page 392 of 1094
RECLAMATION
Managing Water in the West
Engineering and O&M
Guidelines for Crossings
Bureau of Reclamation Water Conveyance Facilities
(Canals, Pipelines, and Similar Facilities)
1',,.,1aun Of l'Jfl ,,,,,..~
~ea .:.
\ _ ""T"" ,.._.. - ~ .. /
~
U.S. Department of the Interior
Bureau of Reclamation
Technical Service Center
Denver, Colorado April 2008
EXHIBIT B
CONTRACT NO. 09-07-34-L1647
AMENDMENT NO. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 393 of 1094 Mission Statements
The mission of the Department of the Interior is to protect and provide access to our Nation's natural and cultural heritage and honor our trust responsibilities to Indian Tribes and our commitments to island communities.
The mission of the Bureau of Reclamation is to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public.
EXHIBIT B
CONTRACT NO. 09-07-34-L1647
AMENDMENT NO. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 394 of 1094 Engineering and O&M
Guidelines for
Crossings
Bureau of Reclamation Water Conveyance Facilities
(Canals, Pipelines, and Similar Facilities)
EXHIBIT B
CONTRACT NO. 09-07-34-L1647
AMENDMENT NO. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 395 of 1094
EXHIBIT B
CONTRACT NO. 09-07-34-L1647
AMENDMENT NO. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 396 of 1094 Acronyms and Abbreviations
AASHTO
AOE
AWWA
CFR
CPS
DOT
HDD
kV
MERL
O&M
American Association of State Highway and Transportation Official
authorized operating entity
American Water Works Association
Code of Federal Regulations
cathodic protection system
Department of Transportation
horizontal directional drilling
kilovolt(s)
Materials Engineering and Research Laboratory
operations and maintenance
Reclamation Bureau of Reclamation
ROW
WB-67
right-of-way
67-foot wheelbase
EXHIBIT B
CONTRACT NO. 09-07-34-L1647
AMENDMENT NO. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 397 of 1094
EXHIBIT B
CONTRACT NO. 09-07-34-L1647
AMENDMENT NO. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 398 of 1094 Contents
Page
1.0 Purpose ......................... .................................................................................. 1
2.0 General Permit Information ........................................... ................................ l
3.0 Engineering and O&M Review Considerations ............................. ............... 1 3 .1 Introduction ................................................... ........ ................................ 1 3 .2 General .......................................... ............... ............................ .............. 2
3.3 Detectable Warning Tape ....................... ............ ................ ................. . 6
4.0 Specific Feature Review Guidelines .......................... .................................... 7
4.1 Bridges ........................................ .......... ............. .............. ............ ......... 7
4.2 Landscaping ............................... .................. ............. ......................... . 10
4.3 Roadway Crossing ............................................................. ................. 11
4.4 Storm Water Cross Drainage ............... ............. .................................. 12
4.5 Subdivision .......... .............. .................... .................. .................. ......... 14
4.6 Utility Crossing ................................ .............................................. ..... 16
4.6.1 Casings ................................ ........................................ ............ 16
4.6.2 Overhead Line Crossing ............................................... .......... 16
4.6.3 Utility Crossing Reclamation's Canal.. ................................... 17
4.6.4 Utility Crossing Reclamation's Underground Pipelines ......... 21
4.6.5 Utility Crossing Under Reclamation's Roadways ......... .......... 23
5.0 Cathodic Protection Requirements ..................................................... ......... 23 5 .1 Cathodically Protected Metallic Pipelines ........... ................... ............ 23
5.2 Protective Coatings for Corrosion Control ........... ............... .......... ..... 25 References ............. ................................................................................................ 27 Glossary ............... ................................... ........... .................. .................... ............. 29 Appendix A
Appendix B
General Requirements for Installing Bored and Jacked Pipe Undercrossings
Guidelines - Removal of Trees and Other Vegetative Growth from Earth Dams, Dikes, and Conveyance Features (Appendix B of Review and Operation and Maintenance Program Field
Examination Guidelines)
EXHIBIT B
CONTRACT NO. 09-07-34-L1647
AMENDMENT NO. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 399 of 1094
EXHIBIT B
CONTRACT NO. 09-07-34-L1647
AMENDMENT NO. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 400 of 1094
1.0 PURPOSE
These are general guidelines for Bureau of Reclamation (Reclamation) offices to follow when reviewing the engineering and operations and maintenance (O&M) factors in outside entity requests for authorization to cross (encroach upon) Reclamation lands that contain project features such as levees, canals, pipelines, or other water conveyance facilities owned or administered by Reclamation.
These guidelines include a general overview of the permitting process administered by Reclamation Lands Groups for allowing a particular use on lands where Reclamation holds a fee or an easement right-of-way interest. These engineering and construction recommendations are minimum guidelines for engineers to use in reviewing and evaluating these portions of the applications.
2.0 GENERAL PERMIT INFORMATION
Applicants requesting to cross any Reclamation land, facility, or water body must obtain a written land use authorization from Reclamation. Requirements for obtaining a use authorization to cross Reclamation project land and water surfaces are in the Code of Federal Regulations (CFR) at 43 CFR 429 and Reclamation Manual LND 08-01. The applicant must complete the Standard Form (SF) 299, "Application for Transportation and Utility Systems and Facilities on Federal Lands," or similar forms in use at the local Reclamation office. The form can be obtained by contacting the involved Reclamation office, or it can be accessed electronically at Reclamation's Web site at: <http://www.usbr.gov/ pmts/lands>.
Applicants can contact their local Reclamation office to discuss their proposed use before filing an application for a use authorization.
3.0 ENGINEERING AND O&M REVIEW
CONSIDERATIONS
3.1 Introduction
Technical review of the crossing evaluates impacts on any existing Reclamation facility and does not determine the adequacy of the crossing design for the applicant's intended purpose.
The use authorization or consent document specifies criteria which, if followed, would not be deemed unreasonable interference. These review guidelines are strictly limited to those criteria which:
1 EXHIBIT B
CONTRACT NO. 09-07-34-L1647
AMENDMENT NO. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 401 of 1094 Engineering and O&M Guidelines for Crossings
• Protect Reclamation's facility and/or appurtenant facility from damage • Ensure unrestricted flow and quality of water in Reclamation's facility • Do not diminish the ability to perform O&M of Reclamation's facility, including access
• Prevent any burden of liability
These guidelines are provided as recommendations that apply to most Reclamation facilities. Each Reclamation office and/or authorized operating entity (AOE) should apply these guidelines using sound engineering judgment that best applies to their facilities and existing conditions. Additional Reclamation guidelines for specific locations ( e.g., Central Arizona Project Reach 11 Basin Guidelines) may also apply and may be provided to applicants when necessary. These guidelines are minimums, and local conditions may be more stringent depending on the direct impacts to facilities and lands. AOEs may have additional requirements.
Uses that may be deemed reasonable within Reclamation pipeline easements include greenbelts, asphalt roadways, flexible pavement parking lots, transverse curbs and gutters, and sidewalks. Canals and pipelines may have overhead power and telephone lines (but not their supporting poles), transverse fences with gated openings (no walls), and similar surface and overhead structures.
3.2 General
The following individual items should be addressed by the applicant and evaluated by Reclamation and/or AOE as they may affect the Reclamation facility's engineering and O&M aspects. If unusual conditions are proposed for the encroaching structure or unusual field conditions within a Reclamation facility right-of-way (ROW) are encountered, Reclamation reserves the right to impose more stringent criteria than prescribed in these guidelines. 2 I . Structures that should not be constructed on Reclamation pipeline or canal ROW (whether fee owned or easement) include foundations, buildings, garages, carports, trailers, street light standards, supports for large signs, walls, longitudinal fences (except security/safety fences), power or telephone poles, and similar surface structures.
2. Prior to construction, a joint inspection should be conducted and the condition of existing facilities documented. Reclamation's ROW should be restored to pre-existing conditions following completion of work.
EXHIBIT B
CONTRACT NO. 09-07-34-L1647
AMENDMENT NO. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 402 of 1094 Engineering and O&M Guidelines for Crossings
3. When applications are requesting public use of trails and maintenance roads adjacent to or crossing Reclamation canals, these facilities should be fenced for safety to separate them from open canal water, except when Reclamation's ROW is used as a greenbelt and the applicant accepts legal hazard responsibility. Trails and maintenance roads should be fenced on an as-needed basis whenever such fencing is warranted for public safety, restricted access, security, etc. If a fence is allowed within Reclamation's ROW, Reclamation should approve the fence materials.
Any gates allowed within Reclamation's ROW should be at least 16 feet wide. Reclamation will be provided with full access through any fences or gates.
4. Prior to construction of any structure that encroaches within a Reclamation pipeline or canal ROW, a "pothole excavation" should be made to determine the locations of any existing Reclamation and non Reclamation facilities and their appurtenant features that may be affected. Potholing is the practice of digging test holes to expose underground utilities to determine the horizontal and vertical location of the utility.
All work within 18 inches of the facility should be done using hand-held tools only. The excavation should be made by or in the presence of Reclamation and/or AOE personnel. The presence of a Reclamation and/or AOE inspector may be required throughout the excavation process, but this presence in no way relieves the applicant or their contractor of responsibility.
The resultant elevation information should be delineated on the profile view and labeled as:
POTHOLED ELEVATION XX.X
Surface Elevation XX.X
The pothole excavation should be filled in, or a safety fence installed, prior to departing the site each day.
5. If Reclamation facilities need to be modified to avoid adverse impacts from the applicant's crossing facility, the applicant should be responsible for the cost of such modifications.
3 EXHIBIT B
CONTRACT NO. 09-07-34-L1647
AMENDMENT NO. 1
IWA Resolution No. 2025-83, authorizing IWA’s Executive Director to exec... Page 403 of 1094 Engineering and O&M Guidelines for Crossings
4 6. A temporary permit may be required for visual inspections, ground and aerial surveys, 1 or potholing that requires physical entrance onto a Reclamation facility. A use authorization or consent document issued by Reclamation and/or AOE should be obtained prior to entering or crossing Reclamation's ROW for any activity.
7. Applications should include a project description, calculations, specifications, and detailed construction plans showing plan views, profiles and sections, and grading plans of proposed work within or adjacent to Reclamation's ROW. Plans should show an easily recognizable boundary (tied to a known comer) and Reclamation's ROW and Reclamation stationing or mile post designation.
All Reclamation facilities should be shown and labeled (e.g., "Centerline of xx-inch Reclamation Pipeline," "Reclamation Communication and Control Cable," etc.) The type and weight of the construction equipment crossing Reclamation pipelines, roads, and bridges as well as the crossing locations should be included. Additional information, as identified in following individual specific feature sections of these guidelines, should also be included with the application for review.
Any engineering or land survey drawing should contain the appropriate registered engineer's or land surveyor's stamp and signature. A construction schedule outlining the anticipated duration of the construction should be submitted. A minimum of two2 copies of the application (including calculations, specifications, and plans) should be submitted to Reclamation and/or AOE for review and approval.
8. For crossings of all Reclamation facilities, Reclamation and/or AOE personnel familiar with the facilities (including cathodic protection systems) will obtain and provide copies of existing files showing information about existing buried facilities ( center of pipeline, depth of cover, size of pipe, class of pipe, etc.) to the applicant.
9. Existing Reclamation facilities ( e.g., canal lining, canal check structure, turnout structure, etc.) and appurtenances (e.g., existing blow-offs, air valves, vents, manholes, and/or cathodic protection test stations) and existing non-Reclamation facilities on Reclamation's ROW (e.g., petroleum pipelines, natural gas pipelines, communications lines, powerlines, water lines, sewer lines, storm drain lines, etc.) should be protected in place prior to and during construction.
1 Aerial surveys require placing on-the-ground survey control markers. 2 Revise per local Reclamation office and/or AOE practice.
EXHIBIT B
CONTRACT NO. 09-07-34-L1647
AMENDMENT NO. 1