Indio City Council
October 5, 2022

AGENDA ITEM #9.9
Construction Contract with Shade Structures, Inc. in the amount of $120,... Page 148 of 527 GP-23
City Project: BD2209 City of Indio Public Works
The records of disposal, including scale tonnages, shall be furnished to the City on a monthly basis. Failure to comply with the requirements of this Section will result in delay of progress payment.
7-15.2 Contractor’s Obligation
The City is committed to a recycling program. If available, it is the obligation of the Contractor, under this Contract, to recycle the waste material through an approved recycling plant. Records and reports of waste recycle will be submitted to the City on a regular monthly basis.

SECTION 8. FACILITIES FOR AGENCY PERSONNEL
The provisions of Section 8 of the Standard Specifications shall apply except as modified herein.

No field offices for City personnel shall be required; however, City personnel shall have the right to enter upon the Project at all times and shall be admitted to the offices of the Contractor to use the telephone, desk and sanitary facilities provided by the Contractor for its own personnel.

SECTION 9. MEASUREMENT AND PAYMENT
The provisions below shall supplement but not replace those provisions in Section 9 of the Standard Specifications.
9-1.2 Methods of Measurement
The Contract Price shall constitute full compensation for all labor, equipment, materials, tools and incidentals required to complete the Project as outlined in these Contract Documents and as directed by the Engineer.
9-3 PAYMENT
9-3.1 General
In accordance with Public Contract Code Section 7107, if no claims have been filed and ar e still pending, the amount deducted from the final estimate and retained by the City will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be withheld for any other lawful purposes. 9-3.2 Partial and Final Payment
9-3.2.1 Monthly Closure Date and Invoice Date
In accordance with Section 9 -3.2 of the Standard Specifications, the monthly closure date shall be the last Day of each month. A measurement of Work performed and a progress estimate of the value thereof based on the Contract and of the monthly payment shall be prepared by the Contractor and submitted to the Engineer before the tenth (10th) Day of the following month for verification and payment consideration.

AGENDA ITEM #9.9
Construction Contract with Shade Structures, Inc. in the amount of $120,... Page 149 of 527 GP-24
City Project: BD2209 City of Indio Public Works
9-3.2.2 Payments
The City shall make payments within thirty (30) Days after receipt of the Contractor’s undisputed and properly submitted payment request, including an updated construction schedule pursuant to Section 6-1.1 of the General Provisions. The City shall re turn to the Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) Days after receipt, and shall explain in writing the reasons why the payment request is not proper.
9-3.2.3 Retention
If stated in the Contract, the City shall withhold not less than five percent (5%) from each progress payment. However, at any time after fifty percent (50%) of the Work has been completed, if the City Council finds that satisfactory progress is being made, i t may, at its discretion, make any of the remaining progress payments in full for actual Work completed. The City shall withhold not less than five percent (5%) of the Contract Price from the Final Payment Amount (defined in Section 9-3.2.4) until at least thirty-five (35) days after recordation of the Notice of Completion, or recordation of a notice of completion or cessation, but not longer then the period permitted by Public Contract Code Section 7107.
9-3.2.4 Final Invoice and Payment
Whenever the Contractor s hall have completely performed the Contract in the opinion of the Engineer, the Engineer shall notify the City Clerk that the Contract has been completed in its entirety. The Contractor shall then submit to the Engineer a written statement of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such statement, the Engineer shall check the quantities included therein and shall authorize a payment amount, which in the Engineer’s opinion shall be just and fair, covering the value of the total amount of Work done by the Contractor, less all previous payments and all amounts to be retained under the provisions of the Contract Documents (“Final Payment Amount”). The Engineer shall then request that the City accept the Work and that the City Clerk be authorized to file, on behalf of the City in the office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the Contractor. In addition, the final payment will not be released until the Contrac tor returns the control set of Plans and Specifications showing the redlined as-built conditions. 9-3.2.5 Substitute Security
In accordance with Public Contract Code Section 22300, the Contractor may request that it be permitted to substitute securities in lieu of having retention withheld by the City from progress payments when such payments become due or, in the alternative, the Contractor may request that the City make payments of earned retentions directly to an agreed upon designated escrow agent at the Contractor’s expense. If the Contractor selects either one of these alternatives, the following shall control.
9-3.2.5.1 Substitution of Securities for Performance Retention At some reasonable time before any progress payment would otherwise be due and payable to the Contractor in the performance of Work under these Contract Documents, the Contractor may submit a request to the City in writing to permit the substitution of retentions with securities equivalent to the amount estimated by the City (“estimated amount of rete ntion”) to be withheld.

The Contractor shall deposit such securities with the City or may, in the alternative, deposit such

AGENDA ITEM #9.9
Construction Contract with Shade Structures, Inc. in the amount of $120,... Page 150 of 527 GP-25
City Project: BD2209 City of Indio Public Works
securities in escrow with a State or federally chartered bank in California, as the escrow agent, at the Contractor’s expense. Suc h securities will be the equivalent or greater in value of the estimated amount of retention. If the Contract is modified by written Modifications or Change Orders or the Contractor otherwise becomes entitled to receive an amount more than the Contract Price at the time the securities are deposited, the Contractor shall, at the request of the City, deposit with the City or escrow agent, whichever is applicable, additional securities within a reasonable time so that the amount of securities on deposit with the City or escrow agent is equivalent or greater in value than the amount of retention the City would otherwise be entitled to withhold from progress payments due or to become due to the Contractor as the Work progresses.

The City shall withhold any retention amount that exceeds the security amount until the additional securities are deposited and, if the deposit is with an escrow agent, the City has confirmation from that escrow agent of the new total value of securities. Upon satisfactory completion of the Contract, which shall mean, among other things, that the City is not otherwise entitled to retain proceeds from progress payments as elsewhere provided in the Contract or under applicable law, the securities shall be returned to the Contractor. The C ity shall, within its sole discretion, determine whether the amount of the securities on deposit with the City or escrow agent is equal to or greater than the amount of estimated retention of progress payments that could otherwise be held by the City if the Contractor had not elected to substitute same with securities. 9-3.2.5.2 Deposit of Retention Proceeds with an Escrow Agent As an alternative to the substitution of securities, as provided above, or the City otherwise retaining and holding retention proceeds from progress payments, the Contractor may request the City to make payments of retentions earned directly to an escrow agent with the same qualifications as required in Section 9-3.2.5.1 above and at the expense of the Contractor. At its sole expense, the Contractor may direct the investment of such retention payments into only such securities as mentioned in Section 9-3.2.5.3 below and shall be entitled to interest earned on such investments on the same terms provided for securities deposited by the Contracto r. Upon satisfactory completion of the Contract, which shall mean when the City would not otherwise be entitled to withhold retention proceeds from progress payments had the Contractor not elected to have such proceeds deposited into escrow, the Contracto r shall be allowed to receive from the escrow agent all securities, interest and payments deposited into escrow pursuant to the terms of this Section. The Contractor shall pay to each Subcontractor, not later than ten (10) Days of receipt of payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount withheld to ensure performance of the Contractor.
9-3.2.5.3 Subcontractor Entitlement to Interest
If the Contractor elects to receive interest on any moneys withheld in retention by the City, then the Subcontractor shall receive the identical rate of interest received by the Contractor on any retention moneys withheld from the Subcontractor by the Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the Subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from t he Subcontractor. If the Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the Contractor and the Subcontractor, the Subcontractor may substitute securities in exchange for the release of moneys held in retention by the Contractor. The Contractor shall pay each Subcontractor, not later than ten (10) Days after receipt of escrow moneys, the amount owed to each Subcontractor from the moneys plus the respective amount of interest earned, net of costs

AGENDA ITEM #9.9
Construction Contract with Shade Structures, Inc. in the amount of $120,... Page 151 of 527 GP-26
City Project: BD2209 City of Indio Public Works
attributed to the retention held from each Subcontractor, on the amount of retention withheld to ensure performance of the Subcontractor.
9-3.2.5.4 Securities Eligible for Investment
Securities eligible for investment shall include those listed in Government Code Section 16430, bank or savings and loan certificates of deposit, interest -bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon between the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for any monies withheld and shall receive any interest thereon.
9-3.2.5.5 Escrow Agreement for Security Deposits in Lieu of Retention The escrow agreement that shall be used for the deposit of securities in lieu of retention shall substantially conform to the form prescribed in Public Contract Code Section 22300(f). 9-3.2.5.6 Inconsistencies with Prevailing Statutory Requirements If there is any inconsistency between or differences in Public Contract Code Section 22300 and the terms of this provision, or any future amendments thereto, Section 22300 shall control. 9-3.4 Mobilization
Mobilization is defined as the preparatory work that must be performed or cost incurred before starting work on the various items on the job site in accordance with Public Contract Code Section 10104. The City makes the partial payments under Public Contract Code Section 10264. 9-4 AUDIT
The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by the Contractor in preparing its billings to the City as a condition precedent to any payment to the Contractor or in response to a construction claim or a Public Records Act (Government Code Section 6250 et seq.) request. The Contractor will promptly furnish documents requested by the City at no cost. Additionally, the Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Contract. The Contractor shall include a copy of this Section 9 -4 in all contracts with its Subcontractors, and the Contractor shall be responsible for immediately obtaining those records or other written material from its Subcontractors upon a request by the State Auditor or th e City. If the Project includes other auditing requirements, those additional requirements will be listed in the Special Provisions.

SECTION 10. ADDITIONAL TERMS
10-1 NONDISCRIMINATORY EMPLOYMENT
The Contractor shall not unlawfully discriminate against any ind ividual based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations.

AGENDA ITEM #9.9
Construction Contract with Shade Structures, Inc. in the amount of $120,... Page 152 of 527 GP-27
City Project: BD2209 City of Indio Public Works
10-2 NOTICE TO PROCEED
Upon award of this Contract and signing the Contract D ocuments, the City shall issue the Contractor a Notice to Proceed. The City will not authorize any Work to be done under these Contract Documents before the Contract has been fully executed. Any Work that is done by the Contractor in advance of such time shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection. 10-3 CONTRACTOR’S RESPONSIBILITY FOR WORK
Until the final acceptance of the Work by the City as defined in Section 6 -8.2 of th e General Provisions, by written action of the Engineer, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements, criminal acts, or any other cause. The Contra ctor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatever, the Contractor shall be responsible for all materials and the protection of Work already completed, shall properly store and protect them if necessary, and shall provide suitable drainage and erect temporary structures where necessary.
10-4 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY
Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at its own cost. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid form and Specifications, and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during its operation), shall be paid to the Contractor at the unit prices submitted in his or her Bid. 10-5 REMOVAL OF INTERFERING OBSTRUCTIONS
The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character encountered during the process of excavation. It is understood that the cost of any such removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work.
10-6 SOILS ENGINEERING AND TESTING
A certified materials testing firm may be retained by the City to perform materials tests during the Contractor’s entire operation to ascertain c ompliance with the Contract requirements. The City shall be responsible for the first series of tests. If the initial tests do not meet the Contract requirements, the Contractor shall bear the cost of all subsequent tests.

If the City requires other test s or more specific requirements for testing regarding this Project, those details will be included in the Special Provisions.

AGENDA ITEM #9.9
Construction Contract with Shade Structures, Inc. in the amount of $120,... Page 153 of 527 GP-28
City Project: BD2209 City of Indio Public Works
10-7 ACCESS TO PRIVATE PROPERTY
Unless otherwise stated in the Special Provisions, the Contractor shall be responsible for all fees and costs associated with securing permission to access private property for any portion of the Project.
10-8 WORKING DAYS AND HOURS
Work hours are as follows, unless otherwise approved by the Engineer:

Pacific Standard Time Pacific Daylight Time
Monday through Friday 7:00 a.m. - 6:00 p.m. 6:00 a.m. - 6:00 p.m.

If the Engineer approves weekend days and/or government holidays as working days, City Inspection Fees will be charged at a rate of time and a half per hour of inspection. This includes surveying, material testing, and any and all professional services required.

In addition, no Work will be allowed on any special election Day that may be declared. Should a special election Day be declared, a time extension of one (1) Working Day will be granted fo r each such Day.

A permit may have other hours or Days for the Contractor to do the Work, and those hours and Days shall supersede any hours and Days written in this Section.

Whenever the Contractor is permitted or directed to perform night Work or to vary the period during which Work is performed during the Working Day, the Contractor shall give twelve (12) hours’ notice to the Engineer so that inspection may be provided. Also, a charge may be made to the Contractor for approved overtime or weekend inspections requested by the Contractor. 10-9 CLAIM DISPUTE RESOLUTION
In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.

All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims and to Public Contract Code Section 20104 et seq. (Article 1.5) regarding the resolution of public works clai ms of three hundred seventy -five thousand dollars ($375,000) or less. This Contract hereby incorporates those provisions as through fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Clai ms Act as a prerequisite to filing a construction claim in compliance with Article 1.5, and must then adhere to Article 1.5. 10-10 THIRD PARTY CLAIMS

AGENDA ITEM #9.9
Construction Contract with Shade Structures, Inc. in the amount of $120,... Page 154 of 527 GP-29
City Project: BD2209 City of Indio Public Works
The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any ti me. The City shall timely notify the Contractor of the receipt of any third -party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice.
10-11 COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents. 10-12 CONTRACTOR’S REPRESENTATIONS
By signing the Contract, the Contractor represents, covenan ts, agrees, and declares under penalty of perjury under the laws of the State of California that: (a) the Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in the Contract Documents ; (b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under the Contract Documents; (c) there is no litigation pending against the Contractor that could adversely affect its performance of the Contract, and the Contractor is not the subject of any criminal investigation or proceeding; and (d) to the Contractor’s actual knowledge, neither the Contractor nor its personnel have been convicted of a felony. 10-13 CONFLICTS OF INTEREST
The Contractor agrees not to accept any employment or representation during the term of the Contract or within twelve (12) months after acceptance as defined in Section 6-8.2 of the General Provisions that is or ma y likely make the Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents. 10-14 APPLICABLE LAW
The validity, interpretation, and performance of these Contract Documents shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules.

Venue for any such action relating to the Contract shall be in the Riverside County Superior Court. 10-15 TIME
Time is of the essence in these Contract Documents.
10-16 INDEPENDENT CONTRACTOR
The Contractor and Subcontractors shall at all times remain, as to the City, wholly independent contractors. Neither the City nor any of its officials, officers, employees or agents shall have control over the conduct of the Contractor, Subcontractors, or any of their officers, employees, or agents, except as herein set forth, and the Contractor and Subcontractors are free t o dispose of all portions of their time and activities that they are not obligated to devote to the City in such a manner and to such Persons that the Contractor or Subcontractors wish except as expressly provided in these Contract Documents. The Contractor and Subcontractors shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as agents. The Contractor and Subcontractors shall not, at

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City Project: BD2209 City of Indio Public Works
any time or in any manner, represent that they or any of their agents, servants or employees, are in any manner agents, servants or employees of the City. The Contractor and Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract Documents. The Contractor shall include this provision in all contracts with all Subcontractors. 10-17 CONSTRUCTION
In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of these Contract Documents shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract Documents or who drafted that portion of the Contract Documents.
10-18 NON-WAIVER OF TERMS, RIGHTS AND REMEDIES
Waiver by either p arty of any one (1) or more of the conditions of performance under these Contract Documents shall not be a waiver of any other condition of performance under these Contract Documents. In no event shall the making by the City of any payment to the Contract or constitute or be construed as a waiver by the City of any breach of covenant, or any default that may then exist on the part of the Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy availa ble to the City with regard to such breach or default.
10-19 TERM
The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has fully rendered the services required by the Contract Documents or the Contract has been otherwise terminated by the City. However, some provisions may survive the term listed within this Section, as stated in those provisions. 10-20 NOTICE
Except as otherwise required by law, any notice or other communication authorized or requir ed by these Contract Documents shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during the City’s regular business hours or (b) on the third (3rd) business day following deposit in the United States mail, postage prepaid, to the addresses listed on the Contractor’s Bid and City Hall, or at such other address as one party may notify the other.
10-21 SEVERABILITY
If any term or portion of these Contract Documents is held to be invalid, ill egal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of these Contract Documents shall continue in full force and effect.

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EXHIBIT A

AGENDA ITEM #9.9
Construction Contract with Shade Structures, Inc. in the amount of $120,... Page 157 of 527 City of Indio
City Council
October 5, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Construction Contract with Coast Recreation, Inc. in the amount of $164,654.35 for the Dominguez Park Playground Renovation Project (Project No. PK2205).

RECOMMENDATION:

Approve the project plans and specifications for the Dominguez Park Playground Renovation Project (Project No. PK2205); award a construction contract to Coast Recreation Inc., in the amount of $164,654.35.

SUMMARY:

On August 5, 2022, the City received a proposal from Coast Recreation, Inc. for Dominguez Park Playground area the is Inc. Coast Recreation, No. (Project Project Renovations PK2205). representative for Landscape Structures, who is the playtoy manufacturer that provided the existing playtoy structure. To ensure that the new pieces fit and are safely attached to the existing playtoy, Coast Recreation, Inc. is being used for the renovation.

BACKGROUND INFORMATION:

The playground at Dominguez Park was instal led as part of an earlier park improvement project completed in 2008. Since that time, the rope on the web climber has worn through to the braided steel core and is in need of replacement. In the Certified Playground Safety Audit that was initiated by the Desert Recreation District, it was noted that the web climber rope was worn and frayed and that the rubber fall surface is showing damage. The proposed playground renovation will replace the worn playtoy parts and the rubber fall surface.

The old web climber and approach will be removed, and the new parts that will attach to the existing playtoy include; a clatter bridge, deck with posts and barrier, lollipop climber, and geoplex trailblazer climber with web approach. In addition, new rubber fall sur facing will be installed at the playtoy and the nearby swings.

Coast Recreation, Inc. is properly licensed and qualified to perform the work. Staff recommends awarding the contract to Coast Recreation, Inc. in the amount of $164,654.35.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$164,654.35 In current year budget: Yes
AGENDA ITEM #9.10
Construction Contract with Coast Recreation, Inc. in the amount of $164,... Page 158 of 527 Current FY General
Fund Impact:
$164,654.35 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: General Fund (Measure X) Fund-Org-Object Reference:
1011195-555007

Additional Financial Details:

The City will be using Measure X Sales Tax Revenue that has been set aside for park improvements to fund this project, per the approved FY 22/23 Capital Improvement Project budget.

ATTACHMENTS:

Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
Attachment 7

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 27 Sep 2022 City Attorney, City Attorney Approved - 28 Sep 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 29 Sep 2022 Bryan H. Montgomery, City Manager Approved - 29 Sep 2022

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VICINITY MAP

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COAST RECREATION

PROPOSAL

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EXISTING PLAYTOY

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NEW PLAYTOY PLAN AND ELEVATIONS

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SOLE SOURCE LETTER FROM

COAST RECREATION

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License # 1059735
31 51 Airway Avenue, Suite A-5, Costa Mesa, CA 92626 ∙ Office: (714) 619-0100 Fax: (714) 619-0106 www.coastrecreation.com ∙ [email protected]
Sep
tember 9, 2022
RE: Landscape Structures Sales Rep
To whom it may concern,
This is to certify that Coast Recreation is the only sales organization for Landscape Structures, Inc. and Surface America, Inc. in the San Diego, Imperial, Riverside, Orange, and San Bernadino counties.

If there are any questions regarding this letter, please contact me using the information below.

Thank you,
Jack Striegel
President/CEO
909-229-4855
[email protected]

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PLAYTOY WARRANTY

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CONSTRUCTION CONTRACT TEMPLATE

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City Project: BD2209 City of Indio Public Works

CONTRACT

CITY OF INDIO CONTRACT FOR

DOMINGUEZ PARK PLAYGROUND RENOVATION PROJECT
CITY PROJECT NUMBER: PK2205
THIS CONTRACT (“Contract”) is made and entered this 5th day of October 2022 (“Effective Date”), by and between the CITY OF INDIO, a California municipal corporation (“City”) and XX, a California corporation (“Contractor”). Contractor’s California State Contractor’s license number :

XX (XX). Contractor’s DIR registration number: XX.

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

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

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as XX (“Project”), as described in this Contract and in the Contract Documents. See Exhibit ‘A’

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of One hundred sixty-four six hundred fifty-four dollars and thirty-five cents ($164,654.35) in accordance with the prices as submitted in the Lump Sum Estimate, See Exhibit ‘A’

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

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

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

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

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

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

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

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

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

[SIGNATURE PAGE FOLLOWS]

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

CITY OF INDIO
By:

Waymond Fermon
Mayor

ATTEST: APPROVED AS TO FORM:

By: By:

Cynthia Hernandez Steven Graham
City Clerk City Attorney

Dated: _____________________________ XX
By:

XX
XX

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Exhibit ‘A’
Scope of Work and Compensation

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Bond No. __________

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

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

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

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

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respe ct to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Public Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

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

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

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

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

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

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

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Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

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

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

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

NOW, THEREFORE, we, the undersigned Principal, and

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

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

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

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

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

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Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

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

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

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

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WORKERS’ COMPENSATION

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

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

1. This certificate is issued to:

City of Indio
City Hall
P O Box 1788
Indio, California 92202
The insureds under such policy or policies are:

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

Policy Number Effective Date Expiration Date

By:

Its Authorized Representative

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GENERAL PROVISIONS

SECTION 0. GENERAL PROVISIONS DEFINED
0-1 STANDARD SPECIFICATIONS
The Work described herein shall be done in accordance with the provisions of the 2015 edition of the Standard Specifications (defined in the Notice Inviting Bids), except for those provisions that are expressly not incorporated by a provision in the Contract Documents. 0-2 NUMBERING OF SECTIONS
The number of sections and subsections in these General Provisions are compatible with the numbering in the Standard Specifications.
0-3 SUPPLEMENTATION OF STANDARD SPECIFICATIONS
The Sections that follow supplement, but do not replace, the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these General Provisions, these General Provisions shall control.

SECTION 1. TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND

SYMBOLS
The provisions below shall supplement, but not replace, those provisions in Section 1 of the Standard Specifications.
1-2 TERMS AND DEFINITIONS
Whenever in the Standard Specifications or in the Contract Documents the following terms are used, they shall be understood to mean the following:

Agency – The City of Indio.

Board – The City Council of the City of Indio.

Contract Documents – As defined in Standard Specifications Section 1-2, but also including the General Provisions.

County – County of Riverside, California
Department - See Agency
Director – Public Works Director
Engineer – The City Engineer as defined in Standard Specifications 1-2, acting either directly or through properly authorized agents. Such agents shall act within the scope of the particular duties entrusted to them.

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Inspector – An authorized representative of the City, assigned by the City to make inspections of Work performed by or materials supplied by the Contractor.

Laboratory – A laboratory authorized by the City to test materials and Work involved in the Contract.

Project – See Work.

Submittal – Any drawing, calculation, specification, product data, samples, manuals, requests for substitutes, sp are parts, photographs, survey data, traffic control plans, record drawings, Bonds or similar items required to be submitted to the City under the terms of the Contract.
1-3.3 Institutions
The institutions listed in Section 1 -3.3 of the Standard Specifications shall be supplemented by the list below:

Abbreviation Word or Words
AAN ................................ ................................ ................... American Association of Nurserymen AGCA ................................ ................................ ....... Associated General Contractors of America APWA ................................ ................................ ................... American Public Works Association ASME ................................ ................................ ........ American Society of Mechanical Engineers CRSI ................................ ................................ ..................... Concrete Reinforcing Steel Institute CSI ................................ ................................ ........................ Construction Specifications Institute NEC ................................ ................................ ................................ ........... National Electric Code NFPA ................................ ................................ .................... National Fire Protection Association SSS ................................ ................................ ........... State of California Standard Specifications, Latest edition, Department of Transportation
SSP ................................ ................................ ....................... State of California Standard Plans, Latest edition, Department of Transportation
SECTION 2. SCOPE AND CONTROL OF THE WORK
The provisions below shall supplement but not replace those provisions in Section 2 of the Standard Specifications.
2-2 ASSIGNMENT
Any purported assignment without written consent of the City shall be null, void, and of no effect, and the Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment.

If the City opts to consent to assignment, the City’s consent shall be contingent upon: (1) a letter from the Surety agreeing to the assignment and assigning all of the Bonds to the assignee without any reduction, or the assignee supplying all new Bonds in the amounts originally required under the Contract Documents; and (2) the assignee supplying all of the required insurance in the amounts required in the Contract Documents. Until the Surety assigns all of the Bonds or the assignee supplies all of the new Bonds, and until the assignee supplies all of the required insurance, an assignment otherwise consented to in writing by the City shall not be effective.

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Even if the City consents to assignment, no assignment shall relieve the Contractor of liability under the Contract.
2-4 CONTRACT BONDS
The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and until the expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2.

All Bonds must be submitted using the required forms, which are in the Contract Documents, or on any other form approved by the City Attorney.
2-5 PLANS AND SPECIFICATIONS
2-5.1 General
In addition to the requirements under Section 2-5.1 in the Standard Specifications, the Contractor shall maintain a control set of Plans and Specifications on the Project site at all times. All final locations determined in the field, and any deviations from the Plans and Speci fications, shall be marked in red on the control set to show the as -built conditions. This control set of Plans shall also be edited for all Addenda, Requests for Information, Change Orders, field changes not involving cost, and any other variation that occurred during construction. Upon completion of all Work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met.

Where a work feature is shown on the drawings or identified in the Specifications but is not specifically indicated as an item in the Bid sheets, and there is no ambiguity regarding the requirement to construct, install, or construct and install that work feature, the Contractor is required to complete the work feature. All costs to the Contractor for constructing, installing, or both constructing and installing such a work feature shall be included in the Bid. 2-5.2 Precedence of the Contract Documents
With regard to Section 2-5.2 in the Standard Specifications, the General Provisions shall control over the Special Provisions, and the Notice Inviting Bids and Instructions to Bidders (in that order) shall control over the Bid, such that the order of precedence shall be as follows:

1. Permits issued by regulatory agencies with jurisdiction.

2. Change Orders and Supplemental Agreements, whichever occurs last.

3. Contract/Agreement.

4. Addenda.

5. Notice Inviting Bids.

6. Instructions to Bidders.

7. Bid/Proposal.

8. General Provisions.

9. Special Provisions.

10. Plans.

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11. Standard Plans.

12. Standard Specifications.

13. Reference Specifications.
2-7 SUBSURFACE DATA
If the City or its consultants have made investigations of subsurface conditions in areas where the Work is to be performed, such investigations shall be deemed made only for the purpose of study and design. If a geotechnical or other report has been prepared for the Project, the Contractor may inspect the records pertaining to such investigations subject to and upon the conditions hereinafter set forth. The inspect ion of the records shall be made in the office of the Engineer. It is the Contractor’s sole responsibility to determine whether such investigations exist, and the City makes no affirmative or negative representation concerning the existence of such investigations.

The records of any such investigations are made available solely for the convenience of the Contractor. It is expressly understood and agreed that the City, the Engineer, their agents, consultants or employees assume no responsibility whatsoever with respect to the sufficiency or accuracy of any investigations, the records thereof, and the interpretations set forth therein. No warranty or guarantee is expressed or implied that the conditions indicated by any such investigations or records are representative of those existing in the Project area. The Contractor agrees to make such independent investigations and examination as necessary to be satisfied of the conditions to be encountered in the performance of the Work.

The Contractor represents th at it has studied the Plans, Specifications and other Contract Documents, and all surveys and investigation reports of subsurface and latent physical conditions, has made such additional surveys and investigations as necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents, and that it has correlated the results of all such data with the requirements of the Contract Documents.

No claim of any kind shall be made or allowed for any error, omission or claimed error or omission, in whole or in part, of any geotechnical exploration or any other report or data furnished or not furnished by the City.
2-9 SURVEYING
The Contractor shall verify all dimensions on the drawings and shall report to the City any discrepancies before proceeding with related Work. The Contractor shall perform all survey and layout Work per the benchmark information on the Project Plans. All surveying Work must conform to the Professional Land Surveyors’ Act (Business and Professions Code Section 8700 et seq). All Project surveying notes and “cut -sheets” are to be provided to the City after the completion of each surveying activity and all final surveying notes shall be provided before final payment to the Contractor.

Construction stakes shall be set and stationed by Contractor at its expense. Unless otherwise indicated in the Special Provisions, surveying costs shall be included in the price of items bid. No separate payment will be made. Re -staking and replacement of construction survey markers damaged as a result of the Work, vandalism, or accident shall be at the Contractor’s expense.

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2-10 INSPECTION
The Contractor shall arrange and pay for all off -site inspection of the Work required by any ordinance or governing authorities. The City shall pay for on -site inspections, including tests in connection therewith, as may be assigned or required. The Contractor shall give the City a minimum of 48 hours advance notice prior to any assigned or required testing.

SECTION 3. CHANGES IN WORK
The provisions below shall supplement but not replace those provisions in Section 3 of the Standard Specifications.
3-2 CHANGES INITIATED BY THE AGENCY
The City reserves the right, without notice to the Surety, to increase or decrease th e quantity of any item or portion of the Work described in the Contract Documents or to alter or omit portions of the Work so described, as may be deemed necessary or expedient by the Engineer, without in any way making the Contract void. Such increases, alterations or decreases of Work shall be considered and treated as though originally contracted for, and shall be subject to all the terms, conditions and provisions of the original Contract. The Contractor shall not claim or bring suit for damages, whet her for loss of profits or otherwise, on account of any decrease, alteration or omission of any kind of Work to be done.
3-3 EXTRA WORK
New and unforeseen work will be classified as Extra Work only when the Work is not covered and cannot be paid for under any of the various items or combination of items for which a Bid price appears on the Bid. The Contractor shall not do any Extra Work except upon written order from the Engineer.
3-3.2.2.3 Tool and Equipment Rental
The rates to be used in determining equipment rental costs shall be those listed for such equipment in the State of California, Department of Transportation publication entitled "Equipment Rental Rates and Labor Surcharge ," which is in effect on the date upon which the work is accomplished, regardless of ownership and any rental or other agreement entered into by the Contractor, if such may exist for the use of such equipment. If it is deemed necessary by the Engineer to use equipment not listed in the said publication, a suitable rental rate for such equipment will be established by the Engineer. The Contractor may furnish any cost data which might assist the Engineer in the establishment of such rental rate. 3-3.2.3 Markup
The markups mentioned hereinafter shall include, but are not limited to, all costs for the services of superintendents, project managers, timekeepers, and other personnel not working directly on the change order and pickup or yard trucks used by the above personnel. These costs shall be reported as labor or equipment elsewhere except when actually performing work directly on the change order and then shall only be reported at the labor classification of the work performed.

A. Work by Contractor

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In case of force account, the following percentages shall be added to the Contractor and/or subcontractor's costs and shall constitute the markup for all overhead and profits:
1) Labor 20%
2) Material 5%
3) Equipment 5%
4) Other Items and Expenditures 5%
To the sum of the costs and markups provided for in this subsection, compensation for bonding shall be at the rate specified by the bonding company. The Contractor shall provide appropriate documentation from the bonding company.

B. Work by Subcontractor
When all or any part of the extra work is performed by a Subcontractor, the markup established above shall be applied to the Subcontractor's actual cost of such work, also a markup of ten (10) percent on the first five thousand dollars ($5,000.00) of the subcontracted portion of the extra work and a markup of five (5) percent on work added in excess of five thousand dollars ($5,000.00) of the subcontracted portion of the extra work may be added by the Contractor SECTION 4. CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
The provisions below shall supplement but not replace those provisions in Section 4 -1 of the Standard Specifications.

The Contractor and all Subcontractors, suppliers, and vendors shall guarantee that the Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship. 4-1.4 Test of Materials
Except as elsewhere specified, the City shall bear the cost of testing materials and workmanship that meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. 4-1.6 Trade Names or Equals
If the Contractor requests to substitute an equivalent item for a brand or trade name item, the burden of proof as to the comparative quality and suitability of alternative equipment or articles or materials shall be upon the Contractor, and the Contractor shall furnish, at its own expense, all information necessary or related thereto as required by the Engineer. All requests for substitution shall be submitted, together with all documentation necessary for the Engineer to determine equivalence, no later than ten (10) Calendar Days before bid submission , unless a different deadline is listed in the Special Provisions.

SECTION 5 UTILITIES
The provisions below shall supplement but not replace those provisions in Section 5 of the Standard Specifications.

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5-1 LOCATION
The location and existence of any underground Utility or substructure has not been obtained. The methods used and costs involved to locate existing elements, points of connection and all construction methods are the Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. The Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include contacting Underground Service Alert and other private underground locating firm(s), utilizing specialized locating equipment, hand trenching, or both. For every Dig Alert Identification Number issued by Underground Service Alert during the course of the Project, the Contractor must submit to the City the following form. The Contractor shall be responsible for preserving the integrity of the existing underground utilities at the site.

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UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER FORM
No excavation will be permitted until this form is completed and returned to the City.

Government Code Section 4216 et seq. requires a Dig Alert Identification Number to be iss ued before a permit to excavate will be valid.

To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of three (3) Working Days before scheduled excavation. For best response, provide as much notice as possible up to ten (10) Working Days.

Dig Alert Identification Number: ________________________________________________

Dated:
(“CONTRACTOR”)
By:

Printed Name:

Title:

By:

Printed Name:

Title:

Note: This form is required for every Dig Alert Identification Number issued by Underground Service during the course of the Work. Additional forms may be obtained from the City upon request.

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5-1.3 Entry by Utility Owners
The right is reserved to the owners of public Utilities or franchises to enter the Project site for the purpose of making repairs or changes in their property that may be necessary as a result of th e Work as well as any other reason authorized by the City. When the Contract Documents provide for the Utility owners to alter, relocate or reconstruct a Utility, or when the Contract Documents are silent in this regard and it is determined by the Engineer that the Utility owners must alter, relocate or reconstruct a Utility, the Contractor shall schedule and allow adequate time for those alterations, relocations or reconstructions by the respective Utility owners. City employees and agents shall likewise have the right to enter upon the Project site at any time and for any reason or no reason at all.
5-2 PROTECTION
If Contractor damages or breaks the Utilities, it will be the Contractor’s responsibility to repair the Utility at no cost to the Utility or the City.
5-3 REMOVAL
Facilities encountered during the prosecution of the Work that are determined to be abandoned shall be removed by the Contractor as required for the Work, unless directed otherwise by the Engineer. The remaining portion of the existing Utility which is left in place shall be accurately recorded, in elevation and plan, on the control set of Contract Drawings. 5-4 RELOCATION
The Contractor shall cooperate fully with all Utility forces of the City or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities that interfere with the progress of the Work. The Contractor shall schedule the Work so as to minimize interference with the relocation, altering, or other rearranging of facilities. 5-6 COOPERATION
The Contractor’s attention is directed to the fact that Work may be conducted at or adjacent to the site by other contractors during the performance of the Work under this Contract. The Contractor shall conduct its operations so as to cause a minimum of interference with the work of such other contractors, and shall cooperate fully with such contractors to provide continued safe access to their respective portions of the site, as required to perform work under their respective contracts. Compensation for compliance shall be included in the various items of the Work, and no additional compensation shall be allowed therefor.
5-7 NOTIFICATION
The Contractor shall notify the Engineer and the owners of all Utilities and substructures not less than forty-eight (48) hours before starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or accurate:

Agency: Imperial Irrigation District (IID)
Phone Number: (760) 339-9593
Contact Person: Records Management

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Agency: Verizon / Frontier
Phone Number: Larry Moore
Contact Person: (760) 778-3603
Agency: AT&T
Phone Number: (714) 666-5692
Contact Person: Yvette Martinez-Garofano
Agency: Southern CA Gas Company
Phone Number: (858) 654-8268
Contact Person: Lorena Davalos
Agency: CVWD
Phone Number: (760) 398-2651 x2751
Contact Person: Tyler Hull
Agency: Indio Water Authority
Phone Number: (760) 625-1852
Contact Person: Miguel Pena
Agency: Time Warner Cable
Phone Number: (760) 674-5456
Contact Person: Anthony Lopez
Agency: Valley Sanitary District
Phone Number: (760) 238-5400
Contact Person: Ron Buchwald

SECTION 6. PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK The provisions below shall supplement but not replace those provisions in Section 6 of the Standard Specifications.
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
6-1.1 Construction Schedule
In addition to the construction schedule required pursuant to Section 6 -1.1 of the Standard Specifications after notification of the Contract award and before any start of the Project, as well as the revised construction schedule in advance of beginning revised operations, the Contractor shall submit an updated const ruction schedule with its monthly invoice every month. Progress payments shall be contingent upon the receipt of monthly updated construction schedules.

One (1) week before the scheduled pre -construction meeting, the Contractor must submit a construction schedule to the Engineer for review and approval. The Contractor shall make revisions as required by the Engineer. The schedule must account for all subcontract work, as well as the work of the Contractor, submittals, coordination with the other contractors performing concurrent work and the Traffic Control Plan. The Contractor shall update this Construction Schedule when directed by the Engineer, or when:

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a. A Change Order significantly affects the Contract completion date or the sequence of construction approach or activities; or
b. The actual sequence of the Work, or the planned sequence of the Work, is changed and does not conform to the Contractor’s current accepted Project construction schedule.
6-1.1.1 Pre-Construction Conference
Approximately two weeks before the commencement of Work at the site, a pre -construction conference will be held at the City and shall be attended by the Contractor’s Project manager, its on-site field superintendent, and any Subcontractors that the Contractor deems appropriate.

Attendance by the Contractor and any Subcontractors designated is mandatory.

Contractor shall submit its twenty-four (24) hour emergency telephone numbers to the Engineer for approval a minimum of two (2) Working Days before the pre-construction conference. Unless previously submitted to the Engineer, the Contractor shall bring to the pre-construction conference copies of each of the following:
1) Construction Schedule.
2) Procurement schedule of major equipment and materials and items requiring long lead time.
3) Shop drawing/sample submittal schedule.
4) Preliminary schedule of values (lump sum price breakdown) for progress payment purposes.
5) Written designation of the on -site field superintendent and the Project manager.

Both daytime and emergency telephone numbers shall be included in the written designation.

The purpose of the conference is to designate responsible personnel and establish a working relationship. The parties will discuss matters requiring coordination and establish procedures for handling such matters. The complete agenda will be furnished to the Contractor before the meeting date. The Contractor shall be prepared to discuss all of the items listed below. 1) The Contractor’s construction schedule.
2) Notification of local residents before starting any Work and keeping them informed throughout the Project.
3) Procedures for transmittal, review, and distribution of the Contractor’s submittals. 4) Processing applications for payment.
5) Maintaining record documents.
6) Critical Work sequencing.
7) Maintaining sewage service during construction, including proposed by-passes. 8) NPDES requirements, if any.
9) Field decisions and Change Orders.
10) Use of Project site, office and storage areas, security, housekeeping, and the City’s needs.
11) Major equipment deliveries and priorities.
12) Traffic control.
13) Any other item that the City representative states is relevant to the meeting.

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6-1.1.2 Weekly Progress Meetings
Progress meetings will be held each week during the course of the Project. The meeting location, day of the week and time of day will be mutually agreed to by the City and the Contractor. The Contractor shall provide a two (2) week “look ahead” schedule for each meeting. The construction manager will preside at these meetings an d will prepare the meeting agenda, meeting minutes and will distribute minutes to all persons in attendance. As the Work progresses, if it is determined by agreement of the attendees, that weekly meetings are not necessary, the weekly progress meetings may be changed to bi-weekly progress meetings. 6-1.2 Commencement of the Work
The Contractor will be issued two notices to proceed following the notice of award.

The First Notice to Proceed shall be issued for procurement of materials only and shall be completed within sixty (60) calendar days from the date stated in the notice. The City shall endeavor to issue the First Notice to Proceed as soon as practicable following award of contract, however, no materials shall be purchased until the First Notice to Proceed is issued.

The Contractor shall begin work on the date stated in the Second Notice to Proceed. The City shall endeavor to issue the Second Notice to Proceed as soon as the First No tice to Proceed is completed or sooner if Contractor can show all material has been procured. 6-5 TERMINATION OF THE CONTRACT FOR CONVENIENCE
In addition to the reasons for termination listed in Section 6 -5 of the Standard Specifications, which allow termination upon any written notice, the City may cancel the Contract for any other reason or for no reason upon thirty (30) Days’ written notice. The rest of the procedure outlined in Section 6 -5 shall apply to such situation, including the Contractor’s required immediate notification of Subcontractors and suppliers and the payment. In no event (including termination for impossibility or impracticability, due to conditions or events beyond the control of the City, for any other reason or for no reason) shall the total amount of money to Contractor exceed the amount which would have been paid to Contractor for the full performance of the services described in the Contract.

Furthermore, some of the City’s projects are funded in whole or in part by funds other than the City’s General Fund. If this Project is funded by such external funds in whole or in part, or if those external funds are terminated or reduced at any time and for any reason or for no reason at all, and the City determines at its discretion that no other funding is available for continuation of this Project, the City will not be obligated to continue funding for the services contained i n these Contract Documents and may terminate the Project immediately. The City shall reimburse the Contractor for its work satisfactorily completed until the termination date. In no event shall the total amount of money to the Contractor exceed the amount which the City has received in funding from its external source. The Special Provisions may include further details in this regard. 6-6 DELAYS AND EXTENSIONS OF TIME
Unless otherwise agreed in writing, an adjustment to the Contract time by reason of a Chang e Order shall be agreed to at the time the Change Order is issued and accepted by Contractor. If the Change Order does not reserve the right of the parties, or either of them, to seek an

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adjustment to the Contract time, then the parties forever relinquish and waive such right and there shall be no further adjustments to the Contract time.
6-6.1 Extensions of Time
In the event it is deemed appropriate by the City to extend the time for completion of the Work, any such extension shall not release any guarantee for the Work required by the Contract Documents, nor shall any such extension of time relieve or release the Sureties on the Bonds executed. In executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extensions of time. The amount of time allowed by an extension of time shall be limited to the period of the delay giving rise to the same as determined by the City. Notwithstanding any dispute which may arise in connection with a claim for adjustment of the Contract time, the Contractor shall promptly proceed with the Work.
6-6.2 Payment for Delays
Notwithstanding any other terms and conditions of the Contract Documents, the City shall have no obligation whatsoever to increase the Contract Price or extend the time for delays.

Unless compensation and/or markup is agreed upon by the City, the Contractor agrees that no payment of compensation of any kind shall be made to the Contractor for damages or increased overhead costs caused by any delays in the progress of the Contract, whether suc h delays are avoidable or unavoidable or caused by any act or omission of the City or its agents. Any accepted delay claim shall be fully compensated for by an extension of time to complete the performance of the Work.

This Section shall not apply to compensable delays caused solely by the City. If a compensable delay is caused solely by the City, the Contractor shall be entitled to a Change Order that:
(1) extends the time for completion of the Contract by the amount of delay caused by the City; and (2) provides equitable adjustment, as determined by the City, to the Contractor. 6-8 COMPLETION, ACCEPTANCE AND WARRANTY
The Contractor shall complete all Work under the Contract within forty five (45) Working Days from the Notice to Proceed. The Contractor shall not be allowed to begin any construction activity at the site before the issuance of the Notice to Proceed. Between the period of the Notice of Award and Notice to Proceed, the Contractor shall process Shop Drawings and begin procuring equipment and materials.
6-8.2 Acceptance
The Project will not be considered complete and ready for City Council direction to staff regarding recordation of the Notice of Completion until all required Work is completed, the Work site is cleaned up in accordance with Section 7-8 of the Standard Specifications, the General Provisions, and the Special Provisions, and all of the following items have been received by the Engineer:

1. A form of Notice of Completion, with all information required by the California Civil Code;

2. All written guarantees and warranties;

3. All “as-builts”;

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4. If stated in the contract, the warranty or maintenance Bond or proof from the Surety of the extension of the performance Bond, as more specifically detailed in Section 2 -4 of these General Provisions; and

5. Duplicate copies of all operating instructions and manufacturer’s operating catalogs and data, together with such field instructions as necessary to fully instruct City personnel in correct operation and maintenance procedures for all equipment installed listed under the electrical, air conditioning, heating, ventilating and other trades. This data and instructions shall be furnished for all equipment requiring periodic adjustments, maintenance or other operation procedures.

The Contractor shall allow at least seven (7) Working Days notice for final inspection. Such notice shall be submitted to the Engineer in writing.
6-8.3 Warranty
For the purposes of the calculation of the start of the warranty period, the Work shall be deemed to be completed upon the date of recordation of the Notice of Completion. If that direction is contingent on the completion of any items remaining on a punchlist, the Work shall be deemed to be completed upon the date of the Engineer’s acceptance of the final item(s) on that punchlist.

The Contractor shall repair or replace defective materials and workmanship as required in Section 6-8.3 of the Standard Specification at its own expense. Additionally, the Contractor agrees to defend, indemnify and hold the City harmless from claims of any kind arising from damage, injury or death due to such defects.

The parties agree that no certificate given shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective Work or improper materials. Further, the certificate or final payment shall not terminate the Contractor’s obligations under the warranty herein. The Contractor agrees that payment of the amount due under the Contract and t he adjustments and payments due for any Work done in accordance with any alterations of the same, shall release the City, the City Council and its officers and employees from any and all claims or liability on account of Work performed under the Contract or any alteration thereof. 6-9 LIQUIDATED DAMAGES
The Contractor shall pay to the City of Indio the sum of $ 250.00 per day, for each and every calendar day's delay in finishing the work in excess of the number of working days as specified for completion of the Work.

For the purposes of the calculation of the start of the liquidated damages, the Work shall be deemed to be completed when the same has been completed in accordance with the Plans and Specifications therefor and to the satisfaction of the Engineer, and the Engineer has certified such completion in accordance with Section 6-8.1 of the Standard Specifications.

SECTION 7. RESPONSIBILITIES OF THE CONTRACTOR
The first paragraph of Section 7-3.1 of the Standard Specifications shall not be incorporated and shall instead be replaced with the following:

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The Contractor shall provide and maintain insurance naming the City, its elected and appointed offici als, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials as insureds or additional insureds regardless of any inconsistent statement in the policy or any subsequent endorsement whether li ability is attributable to the Contractor or the City. The insurance provisions shall not be construed to limit the Contractor’s indemnity obligations contained in the Contract. The City will not be liable for any accident, loss, or damage to the Work be fore completion, except as otherwise specified in Section 6-10.

The first sentence of Section 7-8.4.2 shall not be incorporated, and shall instead be replaced with the following:

Construction materials and equipment shall not be stored in Streets, roads, o r highways unless otherwise specified in the Special Provisions or approved by the Engineer.

The first sentence of the second paragraph of Section 7-9 of the Standard Specifications shall not be incorporated, and shall instead be replaced with the following:

The Contractor shall relocate, repair, replace, or reestablish all existing improvements within the Project limits which are not designated for removal (e.g., curbs, sidewalks, driveways, signal loops, fences, walls, sprinkler systems, signs, Utility installations, pavements, structures, etc.) which are damaged or removed as a result of the Contractor’s or the Subcontractors’ operations or as required by the Plans and Specifications.

The last paragraph of Subsection 7 -9 of the Standard Specifications sha ll not be incorporated, and shall instead be replaced with the following:

All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid.

Section 7 -12 of the Standard Specifications shall not be incorporated, and shall instead be replaced with the following:

The names, addresses and specialties of the Contractor, Subcontractors, architects or engineers may not be displayed on any signage within the public right- of-way. This signage prohibition includes advertising banners hung from truck beds or other equipment.

Otherwise, the provisions below shall supplement but not replace those provisions in Section 7 of the Standard Specifications.
7-1 THE CONTRACTOR’S EQUIPMENT AND FACILITIES
Between the hours of 9:00 p.m. and 6:00 a.m. a noise level limit of 86 dbA at a distance of fifty (50) feet shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided, except in those cases required for the protection of personnel.

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7-2 LABOR
7-2.2.1 Public Work
The Contractor acknowledges that the Project is a “public work” as defined in Labor Code Section 1720 et seq. (“Chapter 1”), and that this Project is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. The Contractor shall perform all Work on the Project as a public work. The Contractor shall comply with and be bound by all the terms, rules and regulations described in (a) and (b) as though set forth in full herein. 7-2.2.2 Copies of Wage Rates
Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file at City Hall and will be made available to any interested party on request. By initiating any Work on this Project, the Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and the Contractor shall post such rates at each job site covered by these Contract Documents.
7-2.2.3 Job Site Notices
The Contractor is required to post job site notices, as prescribed by regulation. 7-2.2.4 Failure to Pay Prevailing Rates
The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to work ers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty paid to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to these Contract Documents by the Contractor or by any Subcontractor.
7-2.2.5 Apprentices
The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on this Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) Days after concluding Work, Contractor and each of i ts Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract.
7-2.2.6 Debarment or Suspension
The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor

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Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. If the Contractor or any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City. 7-2.3 Payroll Records
The Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires the Contractor and each Subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor has ten (10) days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit one hundred dolla rs ($100) for each Day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. 7-2.4 Hours of Labor
The Con tractor acknowledges that eight (8) hours labor constitutes a legal day’s work. The Contractor shall comply with and be bound by Labor Code Section 1810. The Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty paid to the City, forfeit twenty- five dollars ($25) for each worker employed in the performance of this Project by the Contractor or by any Subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of the Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay. 7-2.5 Registration with the DIR
In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid pro posal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. 7-2.6 Compliance Monitoring and Posting Job Sites
This Project is subject to compliance monitoring and enforcement by the DIR. The Contractor shall post job site notices, as prescribed by regulation. 7-2.7 Subcontractors
For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and the Contractor shall include in the written Contract between it and each Subcontractor a copy of the provisions in this Section 7 -2 of the General Provisions and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor’s compliance,

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including without limitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the Subcontractor to pay its workers the specified prevailing rate of wages. The Contractor shall diligently take corrective action to halt or rectify any failure.
7-2.9 Prevailing Wage Indemnity
To the maximum extent permitted by law, the Contractor shall indemnify, hold harmless and defend (at the Contractor’s expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors s erving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in Section 7-2 of the General Provisions by any Person (including the Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract Documents, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of the Contractor under this Section 7-2.9 shall survive expiration or termination of the Contract. 7-3 LIABILITY INSURANCE
The Contractor shall at all times during the term of the Contract carry, maintain, and keep in full force and effect the insurance referenced in Section 7 -3 of the Standard Specifications, as modified below.
7-3.1.1 Additional Insureds
The City, its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to the Contractor or the City. 7-3.1.2 No Limitation on Indemnity
The insurance provisions shall not be construed to limit the Contractor’s indemnity obligations contained in these Contract Documents.
7-3.1.3 Replacement Insurance
The Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage.

The Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due the Contractor. This shall be in a ddition to all other legal options available to the City to enforce the insurance requirements.
7-3.1.4 Certificates of Insurance with Original Endorsements The Contractor shall submit to the City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the

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Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements may be executed on the City’s standard forms titled “Additional Insured Endorsement,” copies of which are provided in the Contract Documents, or on any other form that contains substantially the same te rms and is approved by the City’s Risk Manager. In any case, the endorsements must specifically name the City of Indio and its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in t he role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with the City at all times during the term of this Contract. The City reserves the right to require complete, certified co pies of all required insurance policies at any time.
7-3.1.5 Subcontractors
The Contractor shall ensure all Subcontractors and their employees are listed as additional insureds on all of the Contractor’s insurance.
7-4 INDEMNIFICATION
The following indemnity provisions shall supersede the indemnity in Section 7-3.1 of the Standard Specifications.
7-4.1 Contractor’s Duty
To the maximum extent permitted by law, the Contractor hereby agrees, at its sole cost and expense, to defend with competent defense counsel approved by the City Attorney, protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, agents (including those City agents serving as independent contractors in the role of City representatives), successors, and assigns (collectively “Indemnitees”) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or resulting from any act, failure to act, error or omission of the Contractor or any of its officers, agents, attorneys, servants, employees, Subcontractors, material suppliers or any of their officers, agents, servants or employees, and/or arising out of, incident to, related to, in connection with or resulting from any term, provision, image, plan, covenant, or condition in the Contract Documents; including, without limitation, the payment of all consequential damages, attorneys’ fees, experts’ fees, and other related costs and expenses (individually, a “Claim,” or collectively, “Claims”). The Contractor shall promptly pay and satisfy any judgment, a ward or decree that may be rendered against any of the Indemnitees as to any such Claim. The Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity her ein provided. The Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable or whether the Claim was caused in part or contributed to by an Indemnitees.
7-4.2 Civil Code Exception
Nothing in this Section 7 -4 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section

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2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.
7-4.3 Nonwaiver of Rights
Indemnitees do not and shall not waive any rights that they may possess against the Contractor because the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to these Contract Documents. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. 7-4.4 Waiver of Right of Subrogation.

The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the I ndemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees.
7-4.5 Survival.

The provisions of this Section 7 -4 shall survive the term and termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.
7-5 PERMITS
Before starting any construction work, the Contractor will be required to obtain all necessary permits from the City, which may include obtaining a no fee encroachment permit for Work within the public right-of-way, as well as all other permits required from all other agencies. Should this Project require construction of trenches or excavations which are five (5) feet or deeper and into which a person is required to descend, the Contractor shall obtain a Cal/OSHA permit and furnish the City with a copy before Work can commence on this Project. Contractor shall bear all cost for fees for all agencies except for the City’s permit fees. 7-7 COOPERATION AND COLLATERAL WORK
The Contractor shall be responsible for coordinating all Work with the City’s street sweeping, trash pick-up, and street maintenance contractors, emergency services departments, utility companies’ crews, and others when necessary. Payment for conforming to these requirements shall be included in other items of Work, and no additional payment shall be made thereof. 7-8 WORKSITE MAINTENANCE
Clean-up shall be done as Work progresses at the end of each day and thoroughly before weekends. The Contractor shall not allow the Work site to become littered with trash and waste

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material, but shall maintain the same in a neat and orderly condition throughout the construction operation. Materials which need to be disposed shall not be stored at the Project site, but shall be removed by the end of each Working Day. If the job site is not cleaned to the satisfaction of the Engineer, the cleaning will be done or contracted by the City and shall be back-charged to the Contractor and deducted from the Contract Price.

The Contractor shall make arrangements for storing its equipment and materials. The Contractor shall make its own arrangements for any necessary off-site storage or shop areas necessary for the proper execution of the Work. Approved areas within Work site may be used for temporary storage; however, the Contractor shall be responsible for obtaining any necessary permits from the City. In any case, the Contractor’s equipment and personal vehicles of the Contractor’s employees shall not be parked on the traveled way or on any section where traffic is restricted at any time.

The Contractor shall deliver, handle, and store products in accordance with the manufacturer’s written recommendations and by methods and means that will prevent damage, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize long-term storage of products at the Project site and overcrowding of construction spaces. In particular, the Contractor shall provide delivery and installation coordination to ensure minimum holding or storage times for produ cts recognized to be flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other sources of loss.

Storage shall be arranged to provide access for inspection. The Contractor shall periodically inspect to assure products are undamaged and are maintained under required conditions.

The Contractor shall promptly remove from the vicinity of the completed Work, all rubbish, debris, unused materials, concrete forms, construction equipment, and temporary structures and facilities used during construction. Final acceptance of the Work by the City will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final clean -up of the Project site.

All costs associated with the clean-up and storage required to complete the Project shall be the sole responsibility of the Contractor.
7-9 SAFETY
The provisions below shall supplement but not replace those provisions in Subsection 7-10 of the Standard Specifications.
7-9.1 Access
All construction work and traffic control shall be scheduled and constructed to provide for a minimum of inconvenience and a maximum of safety to the public vehicular and pedestrian traffic.

The Contractor shall be responsible for the protection of vehicular and pedestrian traffic until the Work called for in the Plans, Standard Specifications, General Provisions and Special Provisions and as directed by the Engineer is complete.
7-10.2.2 Traffic Control Plan
All Work shall require maintenance and control of traffic during the construction period. The Contractor shall provide a detailed Traffic Control Plan (“TCP”) for all phases of construction for

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review and shall conform to the Standard Specifications, General Provisions, Special Provisions, the latest edition of the California Edition of the Ma nual on Uniform Traffic Control Devices (“MUTCD”), the latest edition of Caltrans Standard Specifications and the latest edition of Caltrans Standard Plans and must be approved by the Engineer before construction. The TCP shall be prepared under the super vision of and signed and stamped by a registered Professional Civil Engineer or a Traffic Engineer licensed to practice in the State of California. The TCP shall cover signing, flagging, detour geometric, delineation and channelization, barriers and barri cades, separation of opposing traffic streams, and hours of flash operation at signalized intersection(s).

The Contractor shall not commence work before receiving an approved TCP. Any delay in acquiring TCP approval will be at the Contractor’s expense an d no additional Working Days will be granted.

Traffic control shall be provided by a qualified traffic control company specializing with a C -31 license during the construction of the Project. Traffic control shall address parking changes as well. Before the beginning of any Work or if there are changes to the proposed TCP and after approval by the City, the qualified traffic control company staff shall complete field checks of the installed traffic control by driving through the Work area at least two (2) times to ensure the adequacy of traffic control. During any period when two (2) way traffic is not provided, the Contractor shall employ properly trained flaggers to control traffic through the construction zone.

For construction in the vicinity of a school, the Contractor shall contact the School District, obtain a school schedule and school circulation plan, and incorporate information into the Project’s schedule and traffic control, such that within one thousand (1,000) feet of the school on routes serving the school for student arrivals and departures are not impacted between one (1) hour before and one-half (1/2) hour after the school day start time and one (1) hour before or one-half 1/2) hour after school day end time. Additionally, the Contractor shall notify all entities listed in General Provisions Section 5-7.

The Contractor shall provide and maintain steel traffic plates securely over the trench whenever required or at the end of the Working Day. The plates shall be pinned and ramped with temporary asphaltic concrete.
7-10.3 Haul routes
Subsection 7-10.3 of the Standard Specifications shall be deleted and replaced as follows:

The Contractor must obtain the Engineer’s approval before using any haul routes.

Further detail requirements for haul traffic are delineated in the Special Provisions. 7-10.5.3 Steel Plate Covers
The Contractor shall cover all openings, trenches and excavations at the end of each Work Day with steel plate covers.
7-15 RECYCLING OF MATERIALS
Subsection 7-15 is hereby added to the Standard Specifications as follows:
7-15.1 Recycling of Asphalt Concrete, Portland Cement Concrete, Aggregate Base, and Green Waste are Required

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The records of disposal, including scale tonnages, shall be furnished to the City on a monthly basis. Failure to comply with t he requirements of this Section will result in delay of progress payment.
7-15.2 Contractor’s Obligation
The City is committed to a recycling program. If available, it is the obligation of the Contractor, under this Contract, to recycle the waste material through an approved recycling plant. Records and reports of waste recycle will be submitted to the City on a regular monthly basis.

SECTION 8. FACILITIES FOR AGENCY PERSONNEL
The provisions of Section 8 of the Standard Specifications shall apply except as modified herein.

No field offices for City personnel shall be required; however, City personnel shall have the right to enter upon the Project at all times and shall be admitted to the offices of the Contractor to use the telephone, desk and sanitary facilities provided by the Contractor for its own personnel.

SECTION 9. MEASUREMENT AND PAYMENT
The provisions below shall supplement but not replace those provisions in Section 9 of the Standard Specifications.
9-1.2 Methods of Measurement
The Contract Price shall constitute full compensation for all labor, equipment, materials, tools and incidentals required to complete the Project as outlined in these Contract Documents and as directed by the Engineer.
9-3 PAYMENT
9-3.1 General
In accordance with Public Contract Code Section 7107, if no claims have been filed and are still pending, the amount deducted from the final estimate and retained by the City will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be withheld for any other lawful purposes. 9-3.2 Partial and Final Payment
9-3.2.1 Monthly Closure Date and Invoice Date
In accordance with Section 9 -3.2 of the Standard Specifications, the monthly closure date shall be the last Day of each month. A measurement of Work performed and a progress estimate of the value thereof based on the Contract and of the monthly payment shall be prepared by the Contractor and submitted to the Engineer before the tenth (10th) Day of t he following month for verification and payment consideration.

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9-3.2.2 Payments
The City shall make payments within thirty (30) Days after receipt of the Contractor’s undisputed and properly submitted payment request, including an updated construction schedule pursuant to Section 6-1.1 of the General Provisions. The City shall return to the Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) Days after receipt, and shall explain in writing the reasons why the payment request is not proper.
9-3.2.3 Retention
If stated in the Contract, the City shall withhold not less than five percent (5%) from each progress payment. However, at any time after fifty percent (50%) of the Work has been completed, i f the City Council finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual Work completed. The City shall withhold not less than five percent (5%) of the Contract Price from the Final Payment Amount (defined in Section 9-3.2.4) until at least thirty-five (35) days after recordation of the Notice of Completion, or recordation of a notice of completion or cessation, but not longer then the period permitted by Public Contract Code Section 7107.
9-3.2.4 Final Invoice and Payment
Whenever the Contractor shall have completely performed the Contract in the opinion of the Engineer, the Engineer shall notify the City Clerk that the Contract has been completed in its entirety. The C ontractor shall then submit to the Engineer a written statement of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such statement, the Engineer shall check the quantities included therein and shall authorize a payment amount, which in the Engineer’s opinion shall be just and fair, covering the value of the total amount of Work done by the Contractor, less all previous payments and all amounts to be retained under the provisions of the Contract Documents (“Final Payment Amount”). The Engineer shall then request that the City accept the Work and that the City Clerk be authorized to file, on behalf of the City in the office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the Contractor. In addition, the final payment will not be released until the Contractor returns the control set of Plans and Specifications showing the redlined as-built conditions. 9-3.2.5 Substitute Security
In accordance with Public Contract Code Section 22300, the Contractor may request that it be permitted to substitute securities in lieu of having retention withheld by the City from progress payments when such payments become due or, in the alternative, the Contractor may request that the City make payments of earned retentions directly to an agreed upon designated escrow agent at the Contractor’s expense. If the Contractor selects either one of these alternatives, the following shall control.
9-3.2.5.1 Substitution of Securities for Performance Retention At some reasonable time before any progress payment would otherwise be due and payable to the Contractor in the performance of Work under these Contract Documents, the Contractor may submit a request to the City in writing to permit the substitution of ret entions with securities equivalent to the amount estimated by the City (“estimated amount of retention”) to be withheld.

The Contractor shall deposit such securities with the City or may, in the alternative, deposit such

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securities in escrow with a State or federally chartered bank in California, as the escrow agent, at the Contractor’s expense. Such securities will be the equivalent or greater in value of the estimated amount of retention. If the Contract is modified by written Modifications or Change Orders or the Contractor otherwise becomes entitled to receive an amount more than the Contract Price at the time the securities are deposited, the Contractor shall, at the request of the City, deposit with the City or escrow agent, whichever is applicable, additional securities within a reasonable time so that the amount of securities on deposit with the City or escrow agent is equivalent or greater in value than the amount of retention the City would otherwise be entitled to withhold from progress payments due or to become due to the Contractor as the Work progresses.

The City shall withhold any retention amount that exceeds the security amount until the additional securities are deposited and, if the deposit is with an escrow agent, the City has confirmation from that escrow agent of the new total value of securities. Upon satisfactory completion of the Contract, which shall mean, among other things, that the City is not otherwise entitled to retain proceeds from progress payments as elsewhere provided in the Contract or under applicable law, the securities shall be returned to the Contractor. The City shall, within its sole discretion, determine whether the amount of the securities on deposit with the City or escrow agent is equal to or greater than the amount of estimated retention of progress payments that could otherwise be held by the City if the Contractor had not elected to substitute same with securities. 9-3.2.5.2 Deposit of Retention Proceeds with an Escrow Agent As an alternative to the substitution of se curities, as provided above, or the City otherwise retaining and holding retention proceeds from progress payments, the Contractor may request the City to make payments of retentions earned directly to an escrow agent with the same qualifications as required in Section 9-3.2.5.1 above and at the expense of the Contractor. At its sole expense, the Contractor may direct the investment of such retention payments into only such securities as mentioned in Section 9-3.2.5.3 below and shall be entitled to interest earned on such investments on the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the Contract, which shall mean when the City would not otherwise be entitled to withhold retention proceeds from progress payments had the Contractor not elected to have such proceeds deposited into escrow, the Contractor shall be allowed to receive from the escrow agent all securities, interest and payments deposited into escrow pursuant to the terms of this Section. The Con tractor shall pay to each Subcontractor, not later than ten (10) Days of receipt of payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount withheld to ensure performance of th e Contractor.
9-3.2.5.3 Subcontractor Entitlement to Interest
If the Contractor elects to receive interest on any moneys withheld in retention by the City, then the Subcontractor shall receive the identical rate of interest received by the Contractor on any retention moneys withheld from the Subcontractor by the Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the Subcontractor shall be dete rmined by calculating the interest rate paid during the time that retentions were withheld from the Subcontractor. If the Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the Contractor and the Subcontractor, the Subcontractor may substitute securities in exchange for the release of moneys held in retention by the Contractor. The Contractor shall pay each Subcontractor, not later than ten (10) Days after receipt of escrow moneys, the amount owed to each Subcontractor from the moneys plus the respective amount of interest earned, net of costs

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attributed to the retention held from each Subcontractor, on the amount of retention withheld to ensure performance of the Subcontractor.
9-3.2.5.4 Securities Eligible for Investment
Securities eligible for investment shall include those listed in Government Code Section 16430, bank or savings and loan certificates of deposit, interest -bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon between the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for any monies withheld and shall receive any interest thereon.
9-3.2.5.5 Escrow Agreement for Security Deposits in Lieu of Retention The escrow agreemen t that shall be used for the deposit of securities in lieu of retention shall substantially conform to the form prescribed in Public Contract Code Section 22300(f). 9-3.2.5.6 Inconsistencies with Prevailing Statutory Requirements If there is any inconsistency between or differences in Public Contract Code Section 22300 and the terms of this provision, or any future amendments thereto, Section 22300 shall control. 9-3.4 Mobilization
Mobilization is defined as the preparatory work that must be performed or cost incurre d before starting work on the various items on the job site in accordance with Public Contract Code Section 10104. The City makes the partial payments under Public Contract Code Section 10264. 9-4 AUDIT
The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by the Contractor in preparing its billings to the City as a condition precedent to any payment to the Contractor or in response to a construction claim or a Public Records Act (Govern ment Code Section 6250 et seq.) request. The Contractor will promptly furnish documents requested by the City at no cost. Additionally, the Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Contract. The Contractor shall include a copy of this Section 9 -4 in all contracts with its Subcontractors, and the Contractor shall be responsible for immediately obtaining th ose records or other written material from its Subcontractors upon a request by the State Auditor or the City. If the Project includes other auditing requirements, those additional requirements will be listed in the Special Provisions.

SECTION 10. ADDITIONAL TERMS
10-1 NONDISCRIMINATORY EMPLOYMENT
The Contractor shall not unlawfully discriminate against any individual based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations.

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10-2 NOTICE TO PROCEED
Upon award of this Contract and signing the Contract Documents, the City shall issue the Contractor a Notice to Proceed. The City will not authorize any Work to be done under these Contract Documents before the Contract has been fully executed. Any Work that is done by the Contractor in advance of such time shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection. 10-3 CONTRACTOR’S RESPONSIBILITY FOR WORK
Until the final acceptance of the Work by the City as defined in Section 6 -8.2 of the General Provisions, by written action of the Engineer, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements, criminal acts, or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance and shall bear the expense thereof, exce pt for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatever, the Contractor shall be responsible for all materials and the protection of Work already completed, shall properly store and protect them if necessary, and shall provide suitable drainage and erect temporary structures where necessary.
10-4 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY
Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at its own cost. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid form and Specifications, and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during its operation), shall be paid to the Contractor at the unit prices submitted in his or her Bid. 10-5 REMOVAL OF INTERFERING OBSTRUCTIONS
The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character encountered during the process of excavation. It is understood that the cost of any such removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work.
10-6 SOILS ENGINEERING AND TESTING
A certified materials testing firm may be retained by the City to perform materials tests during the Contractor’s entire operation to ascertain compliance with the Contract requirements. The City shall be responsible for the first series of tests. If the initial tests do not meet the Contract requirements, the Contractor shall bear the cost of all subsequent tests.

If the City requires other tests or more specific requirements for testing regarding this Project, those details will be included in the Special Provisions.

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10-7 ACCESS TO PRIVATE PROPERTY
Unless otherwise stated in the Special Provisions, the Contractor shall be responsible for all fees and costs associated with securing permission to access private property for any portion of the Project.
10-8 WORKING DAYS AND HOURS
Work hours are as follows, unless otherwise approved by the Engineer:

Pacific Standard Time Pacific Daylight Time
Monday through Friday 7:00 a.m. - 6:00 p.m. 6:00 a.m. - 6:00 p.m.

If the Engineer approves weekend days and/or government holidays as working days, City Inspection Fees will be charged at a rate of time and a half per hour of inspection. This includes surveying, material testing, and any and all professional services required.

In addition, no Work will be allowed on any special election Day that may be declared. Should a special election Day be declared, a ti me extension of one (1) Working Day will be granted for each such Day.

A permit may have other hours or Days for the Contractor to do the Work, and those hours and Days shall supersede any hours and Days written in this Section.

Whenever the Contractor is permitted or directed to perform night Work or to vary the period during which Work is performed during the Working Day, the Contractor shall give twelve (12) hours’ notice to the Engineer so that inspection may be provided. Also, a charge may be made to the Contractor for approved overtime or weekend inspections requested by the Contractor. 10-9 CLAIM DISPUTE RESOLUTION
In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.

All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims and to Public Contract Code Section 20104 et seq. (Article 1.5) regarding the resolution of public works claims of three hundred seventy -five thousand dollars ($375,000) or less. This Contract hereby incorporates those provisions as through fully set forth herein. Thus, the Contractor or any Subcontractor mu st file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Article 1.5, and must then adhere to Article 1.5. 10-10 THIRD PARTY CLAIMS

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The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contractor of the receipt of any third -party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice.
10-11 COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents. 10-12 CONTRACTOR’S REPRESENTATIONS
By si gning the Contract, the Contractor represents, covenants, agrees, and declares under penalty of perjury under the laws of the State of California that: (a) the Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in the Contract Documents ; (b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under the Contract Documents; (c) there is no litigation pending against the Contractor that could adversely affect its performance of the Contract, and the Contractor is not the subject of any criminal investigation or proceeding; and (d) to the Contractor’s actual knowledge, neither the Contractor nor its personnel have been convicted of a felony. 10-13 CONFLICTS OF INTEREST
The Contractor agrees not to accept any employment or representation during the term of the Contract or within twelve (12) months after acceptance as defined in Section 6-8.2 of the General Provisions that is or may likely make the Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents. 10-14 APPLICABLE LAW
The validity, interpretation, and performance of these Contract Documents shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules.

Venue for any such action relating to the Contract shall be in the Riverside County Superior Court. 10-15 TIME
Time is of the essence in these Contract Documents.
10-16 INDEPENDENT CONTRACTOR
The Contractor and Subcontractors shall at all times remain, as to the City, wholly independent contractors. Neither the City nor any of its officials, officers, employees or agents shall have control over the conduct of the Contractor, Subcontractors, or any of their officers, employees, or agents, except as herein set forth, and the Contractor and Subcontractors are free to dispose of all portions of their time and activities that they are not obligated to devote to the City in such a manner and to such P ersons that the Contractor or Subcontractors wish except as expressly provided in these Contract Documents. The Contractor and Subcontractors shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manne r, or otherwise act on behalf of the City as agents. The Contractor and Subcontractors shall not, at

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any time or in any manner, represent that they or any of their agents, servants or employees, are in any manner agents, servants or employees of the City. The Contractor and Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract Documents. The Contractor shall include this provision in all contracts with all Subcontractors. 10-17 CONSTRUCTION
In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of these Contract Documents shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract Documents or who drafted that portion of the Contract Documents.
10-18 NON-WAIVER OF TERMS, RIGHTS AND REMEDIES
Waiver by either party of any one (1) or more of the conditions of performance under these Contract Documents shall not be a waiver of any o ther condition of performance under these Contract Documents. In no event shall the making by the City of any payment to the Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default that may then exist on the part of the Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default.
10-19 TERM
The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has fully rendered the services required by the Contract Documents or the Contract has been otherwise terminated by the City. However, some provisions may survive the term listed within this Section, as stated in those provisions. 10-20 NOTICE
Except as otherwise required by law, any notice or other communication authorized or required by these Contract Documents shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during the City’s regular business hours or (b) on the third (3rd) business day following deposit in the United States mail, postage prepaid, to the addresses listed on the Contractor’s Bid and City Hall, or at such other address as one party may notify the other.
10-21 SEVERABILITY
If any term or portion of these Contract Documents is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of these Contract Documents shall continue in full force and effect.

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EXHIBIT A

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City Council
October 5, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Adopt Resolution No. 10329 ratifying the submission of a grant proposal to the Coachella Valley Mountains Conservancy Proposition 1 Grant Program in the amount of $889,000.

RECOMMENDATION:

Adopt Resolution No. 10329 ratifying the submission of a grant proposal to the Coachella Valley Mountains Conservancy Proposition 1 Grant Program.

SUMMARY:

The City submitted an $889,000 grant application to the Coachella Valley Mountains Conservancy (CVMC) Proposition 1 Grant Program for necessary drainage improvements along Jackson Street, between Avenue 49 and Avenue 52. The improvements include installing parkway underground perforated piping to prevent future flooding and to provide adequate stormwater retention and infiltration. The grant submission requires the City to certify that the applicant possesses legal authority to apply for the grant, and to i mplement the proposed project described in the project narrative.

BACKGROUND INFORMATION:

In 2018, the City submitted a grant application for this project to the CVMC Proposition 1 Grant Program and received tentative project funding approval. This app roval was contingent on the City receiving (CEQA). Act Quality Environmental through the clearance environmental California Unfortunately, because the drainage project is a phase of the larger Jackson Street Improvement Project (from Avenue 49 to Avenue 5 2 in partnership with Riverside County), by the time the CEQA clearance was completed, in October 2021, the CVMC no longer had the 2018 funding. The CVMC recommended that the City resubmit for the 2022 Proposition 1 Grant Program.

The City has since adva nced the Jackson Street Improvement Project, completed the CEQA documentation, and will begin acquiring necessary right of way this year. The CVMC Proposition 1 Grant Program Application was updated to reflect more accurate project information including a more recent construction cost estimate.

The City now seeks up to $889,000 for the construction of the perforated underground retention basin pipe in the street parkway. Unground infiltration systems are highly effective at removing a high percentage of suspended solids and organic compounds, and reduce or prevent pollution to the basin.

The project is estimated to capture 134,000 cubic feet of water resulting from the 100 -year 24-hour AGENDA ITEM #9.11
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The grant application was due on September 15, 2022. However, prior to submittal, the City was required to have a pre-screening meeting with CVMC to discuss the project characteristics to ensure grant eligibility. This meeting was held on August 23, 2022, where the CVMC reaffirmed the project’s eligibility. Staff recommends the City Council ratify Staff’s decision to submit the application on behalf of the City and authorize the City Manager, Public Works Director, or their designee, to execute the grant documents and agreements should the City be selected.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$1,533,120 Strategic Objective:

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

Various

Additional Financial Details:

The City is seeking up to $889,000 in funding from the CVMC Proposition 1 Grant Program. While there is no required match, the CVMC expressed their limited funding capacity and desire to fund as many projects as possible. The total cost for the drainage phase of the project is currently estimated to be $1,533,120. The remaining cost ($644,120) will be funded with Develop Impact Fee - Storm Drain funds. Costs are not expected to be incurred until FY 23/24.

ATTACHMENTS:

Attachment 1
Attachment 2
Attachment 3

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 28 Sep 2022 City Attorney, City Attorney Approved - 28 Sep 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 29 Sep 2022 Bryan H. Montgomery, City Manager Approved - 29 Sep 2022

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PROJECT LOCATION MAP

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Sources: Riverside Co. GIS, 2020;
ESRI/Digital Globe, 2018.

RIVERSIDE
COUNTY
52ND AVE

JACKSON ST

CALHOUN ST
AVENUE 50
ODLUM
DR
BAR
RYM
O
RE
ST
AVENUE 49

TODOS SANTOS AVE

SPIRITMOUNTAIN DR

PEMBROKE LN
POLO
C
LUB
DR

CITY OF
INDIO

CITY OF

COACHELLA
LEGEND
Project Footprint
Jurisdictional Boundaries
H:\2019\19-0002\GIS\Aerial.mxd; Map revised 24 Nov 2020 Jackson Street Improvement Project
from Avenue 50 to Avenue 52
I
0 1,000 2,000 3,000
Feet
A L 8 E R T A .

WEBB

ASSOCIATES
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ATTACHMENT 2
RESOLUTION NO. 10329

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RESOLUTION NO. 10329

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

CALIFORNIA, APPROVING THE SUBMISSION OF A GRANT PROPOSAL TO THE COACHELLA VALLEY MOUNTAINS CONSERVANCY PROPOSITION 1

GRANT PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT

AGREEMENT AND ACCEPTANCE OF FUNDS SHOULD THE CITY OF INDIO BE SELECTED FOR FUNDING.

WHEREAS, the Coachella Valley Mountains Conservancy has heretofore invited public agencies to submit applications for the Notice of Funding Availability Number 2022-01 for the Proposition 1 Grant Program to implement the Water Action Plan in the Coachella Valley; and

WHEREAS, eligible applicants include state and local public entities, nonprofit organizations, Indian tribes, and mutual water companies; and

WHEREAS, the City Council of the City of Indio is adopting Resolution No. 10329 designating and authorizing the City Manager, Public Works Director, or his designee, to submit said grant application and to execute said grant documents and agreements should the City of Indio be selected for funding; and

WHEREAS, the Coachella Valley Mountains Conservancy requires that the Indio City Council adopts a resolution or similar action authorizing the City Manager, Public Works Director, or his designee, to file said application and to act in connection with the application and to provide such additional information as may be required;

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

Section 1. The submission of the application and acceptance of funds, if selected for funding, on behalf of the City of Indio, a public entity established under the laws of the State of California, is hereby ratified and approved.

Section 2. The City Council of the City of Indio hereby agrees to, and by this Resolution, and does accept any grant funding award provided by the Coachella Valley Mountains Conservancy, without further action of the City Council being required therefore.

Section 3. The City of Indio hereby agrees to comply with each and all of the terms, conditions and limitations imposed by the Coachella Valley Mountains Conservancy upon said Grant award, and the Indio City Manager, Public Works Director, or his designee, is hereby authorized and directed to execute any agreements, assurances, or other documents that are required or necessary in connection with the acceptance or implementation of a grant.

PASSED, APPROVED AND ADOPTED this 5th day of October, 2022.

__________________________

WAYMOND FERMON, MAYOR

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ATTEST:

__________________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK

APPROVED AS TO FORM:

________________________________

STEVEN GRAHAM, CITY ATTORNEY

AGENDA ITEM #9.11
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FINAL CVMC PROPOSITION 1

GRANT APPLICATION

AGENDA ITEM #9.11
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Avenue 50 Flood
Protection Project
City of Indio
Coachella Valley Mountains Conservancy
Proposition 1 Grant Program
73-710 Fred Waring Drive, Suite 112
Palm Desert, CA 92660
September 15, 2022
Submitted by:

City of Indio
100 Civic Center Mall
Indio, CA 92201
(760) 391-4018

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Table of Contents

CVMC Application Form ............................................................................................................................... 1 Certification .................................................................................................................................................. 2 Section 1 – Project Description .................................................................................................................... 3 Attachment 1 – Preliminary Conceptual Design ....................................................................................... 4 Section 2 – Project Location ....................................................................................................................... 15 Attachment 2 – Project Location Map .................................................................................................... 17 Attachment 3 – Project Area Photos ...................................................................................................... 23 Section 3 – Schedule ................................................................................................................................... 26 Section 4 – Budget & Cost Effectiveness ................................................................................................... 28 Section 5 – Organizational Capacity .......................................................................................................... 30 Project Team Resumes ............................................................................................................................ 32 Section 6 – Grant Program Objectives ....................................................................................................... 40 Section 7 – Project Evaluation Criteria ...................................................................................................... 42 Section 8 – Environmental Review ............................................................................................................ 48 CEQA Notice of Determination ............................................................................................................... 49 Section 9 – Proposed Performance Measures and Monitoring ................................................................ 50 Section 10 – Project Sustainability ............................................................................................................ 51 Section 11 – Project Support ...................................................................................................................... 52 Supplemental Materials – Letters of Support ........................................................................................... 53

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AGENDA ITEM #9.11
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1. Project Description

Project Description. The proposed Infrastructure Project will construct new drainage facilities to prevent routine flooding occurring at the intersection of Jackson Street and Avenue 50 in the City of Indio. The project aims to permanently de-water the intersection by constructing a flood drainage and underground infiltration system where there is currently none. The City plans to install approximately 2,540 linear feet of 60" perforated underground storage High- Density Polyethylene (HDPE) pipe with gravel pack and filter fabric that will promote water infiltration and groundwater recharge opportunities. The project is estimated to capture 134,000 cubic feet (CF) of water (over a 100-year, 24-hour storm volume) that will then be pre- treated for groundwater recharge.

Scope of Work. The scope of work includes procuring a qualified contractor to construct drainage inlets, relocate existing water/sewer items (as needed), and install roadside underground HDPE perforated piping to prevent future flooding and to provide adequate stormwater retention and infiltration. The project is 90 percent designed and CEQA has been completed.

Background. Due to a lack of drainage facilities, the Jackson Street/Avenue 50 intersection experiences routine flooding, even during minor rain events. Currently, this four-way stop intersection has exceeded its capacity with average daily traffic counts estimated at 10,675 vehicles per day (Ref. CVAG 2017 Traffic Census Report), causing traffic delays and congestion.

Due to the impervious nature of the Jackson Street/Avenue 50 intersection and existing low point of the street, the project site consistently floods during rainfall events. Water then sits for days before slowly draining away or evaporating. The site lacks any type of drainage system except a catch basin located on the southwest corner of the intersection, which is unable to drain the volume of water during a typical rain event. This results in vehicles navigating through significant amounts of water on the roadway causing additional traffic delays, putting life and property at a potential risk.

Implementation of a flood management system will capture and treat stormwater and allow water to help replenish the City’s groundwater storage. The main goal of the proposed project is to construct a new drainage system, where this is currently none, to prevent flooding. New sub-surface drainage facilities will allow for capture of stormwater flows, removal of trash and debris. Reconstruction of curb and gutter will remove the existing low point and cross-gutter at the intersection of Jackson Street and Avenue 50.

See Attachment 1- Design Drawings for reference.

3

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TITLE SHEET

DECLARATION OF ENGINEER OF RECORD

GEOTECHNICAL ENGINEER'S STATEMENT

VICINITY MAP
N.T.S.

BASIS OF BEARING
“

ABBREVIATIONS

BENCHMARK DATA
CITY OF INDIO PROJECT NO. XXXXXX

CITY OF INDIO'S STANDARD GENERAL NOTES
59835
JOSEPH L. CASTANEDA
12/31/23
31 CITY OF INDIO'S STANDARD GENERAL NOTES
6 6

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59835
JOSEPH L. CASTANEDA
12/31/23
7 7

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JOSEPH L. CASTANEDA
12/31/23
J2-1, J2-2
8 8

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JOSEPH L. CASTANEDA
12/31/23
J3-1, J3-2
9 9

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JOSEPH L. CASTANEDA
12/31/23
J4-1, J4-2 AND J4-3
10 10

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JOSEPH L. CASTANEDA
12/31/23
A-1 AND A2-1
11 11

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JOSEPH L. CASTANEDA
12/31/23

PROFILE SHEET
12 12

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JOSEPH L. CASTANEDA
12/31/23

PROFILE SHEET
13 13

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DETAIL SHEET
59835
JOSEPH L. CASTANEDA
12/31/23
39 14
14Page 24 of 67
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2. Project Location

Project Location. The project is located at the intersection of Jackson Street and Avenue 50 in the City of Indio and Riverside County encompassing 15.6 acres. The site is located along the southeast boundary of the City of Indio where there are no current regional or master plan drainage facilities. The project will improve:

• Jackson Street on the east side to the ultimate cross section from Odlum Drive to Avenue 52 (approximate distance of 8,000 linear feet);
• Avenue 50 to the ultimate cross section on both the north side and south side from Jackson Street to the Indio/Coachella city boundary (approximate distance of 1,000 linear feet); and,
• Avenue 50 on the south side to the ultimate section between the Imperial Irrigation District substation boundary and the Polo Estates improvement area (approximate distance of 300 feet).

See Attachment 2 - Project Location Map for reference.

The project is located within the boundaries of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP); however, it is not located within a CVMSHCP Conservation Area.

Nonetheless, the project will adhere to all applicable requirements of the CVMSHCP. Applicable requirements of the CVMSHCP were evaluated in the CEQA Initial Study/Mitigated Negative Declaration. Additional technical studies were prepared to support the CEQA document and included cultural resources and paleontological resources assessments and air quality/greenhouse gas analyses. The mitigation monitoring plan can be provided upon request.

Land Ownership. The project site (a total of 15.6 acres) consists of shared jurisdictions between the City of Indio (6.1 acres) and the County of Riverside (9.5 acres). The City of Indio and County of Riverside will complete all initial site control and right-of-way acquisition.

Current Conditions. The Jackson Street/Avenue 50 intersection is an unsignalized four-way stop surrounded by a mix of residential, commercial, and industrial land uses. To the northwest are hundreds of residential homes with industrial/commercial land use to the northeast. On the southeast corner of the intersection is the Coachella Valley Christian Church and an Imperial Irrigation District (IID) Substation is on the southwest corner. Only two of the four corners have paved sidewalks with curbs. However, these pathways are inaccessible during rainfall as water covers the entire intersection flowing over existing curbs due to a lack of drainage facilities.

There is one catch basin located on the northeast corner of the intersection, which does little to alleviate
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flooding - water takes a substantial amount of time to drain through the catch basin and proven ineffective. In addition, road conditions show signs of deterioration; asphalt and concrete cracks are common due to water damage from sitting water during flooding.

See Attachment 3 – Project Site Photos for reference.
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AGENDA ITEM #9.11
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Project Location Map
Jackson
Street and Avenue 50 Flood Prevention Project
Project Area
City of Indio
- Population 89,996
- 64.9% Hispanic/Latino
- 17.2% living below the poverty
level
Intersection Collisions (2016-2022)
- 24 collisions
- 1 severe
(source: City of Indio)
17 17

AGENDA ITEM #9.11
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S I T E
L A Q U I N T A
I N D I A N
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Jackson Street Improvement Project
from Avenue 50 to Avenue 52
A L 8 E R T A .

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ASSOCIATES
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Sources: Riverside Co. GIS, 2020;
ESRI/Digital Globe, 2018.

RIVERSIDE
COUNTY
52ND AVE

JACKSON ST

CALHOUN ST
AVENUE 50
ODLUM
DR
BAR
RYM
O
RE
ST
AVENUE 49

TODOS SANTOS AVE

SPIRITMOUNTAIN DR

PEMBROKE LN
POLO
C
LUB
DR

CITY OF
INDIO

CITY OF

COACHELLA
LEGEND
Project Footprint
Jurisdictional Boundaries
H:\2019\19-0002\GIS\Aerial.mxd; Map revised 24 Nov 2020 Jackson Street Improvement Project
from Avenue 50 to Avenue 52
I
0 1,000 2,000 3,000
Feet
A L 8 E R T A .

WEBB

ASSOCIATES
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AGENDA ITEM #9.11
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City of Coachella 2013; Riverside Co. RCIP,
2003 (as updated through Oct. 2020).
52ND AVE

JACKSON ST

CALHOUN ST
AVENUE 50
ODLUM
DR
AVENUE 49

TODOS SANTOS AVE

PEMBROKE LN
C I T Y O F
I N D I O
C I T Y O F
C O A C H E L L A
R I V E R S I D E
C O U N T Y
A G
E D R
A G
A G
A G
A GR C - L D R
V L D R
R C - E D R
E D R
R C - E D R
C R
E D R
S N
S N
S N
P O S
S N
S N
S N
D E N
D E N
S N
N C
S N
P O S
S N
N C
P O S
P O SP O S
S N
S N
F D
C G
R L
R L
R L
R L
R L
R L
R L
R L R L
R M
R LR L
R L
R L
R L
R L
R L
R M
R M C G
R L
R L
R L
R L
R MCity of Indio GP Landuse
Desert Estate Neighborhood (DEN)
Suburban Neighborhood (SN)
Parks and Open Space (POS)
Neighborhood Center (NC)
Festival District (FD)
County GP Landuse
Estate Density Residential (EDR)
Estate Density Residential (RC-EDR)
Very Low Density Residential (VLDR)
Agriculture (AG)
Commercial Retail (CR)
City of Coachella GP Landuse
Low Density Residential (RL)
Medium Density Residential (RM)
General Commercial GC)
Jurisdictional Boundaries
Project Footprint
H:\2019\19-0002\GIS\GPLU.mxd; Map revised 24 Nov 2020
Jackson Street Improvement Project
from Avenue 50 to Avenue 52
I
0 1,000 2,000 3,000
Feet
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ASSOCIATES
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of Coachella 2013; Riverside Co. 2020
52ND AVE

JACKSON ST

CALHOUN ST
AVENUE 50
ODLUM
DR
AVENUE 49

TODOS SANTOS AVE

PEMBROKE LN
C I T Y O F
I N D I O
C I T Y O F
C O A C H E L L A
R I V E R S I D E
C O U N T Y
C E - P D
P M P
R M
C E - 2
S T
N C P
C E - 2
P M P
P M P
P M P
C E - P D
C E - P D
C E - 2
R - S
C - G
A - T
A - T
R - S
R - S
R - S
C - G
R - S
R - S
R - M
R - M
R - P U DR - M P U D
A - 1
A - 1
A - 1 - 2 0
A - 1
A - 1 - 1 0 A - 1 - 2 0A - 1 - 1 0
A - 1
A - 1 - 2 0
W- 2
R - 1A - 1 - 2 0
A - 1 - 2 0
A - 1 - 2 0
A - 1 - 2 0
R - 5
R - 1 - 2 0 0 0 0
R - A - 2
R - A - 2 1 / 2
C - P - SR - A - 2
A - 1 - 1 0
A - 1 - 1 0
A - 1 - 1 0
C - P - S
A - 1 - 2 0
R - 1 - 2 0 0 0 0
A - 1 - 1 0
R - A - 2
City of Indio Zoning
CE-2
CE-PD
NC
PMP
RM
Riverside County Zoning
A-1
A-1-10
A-1-20
C-P-S
R-A-2 1/2
W-2
City of Coachella Zoning
A-T, Agricultural Transition
C-G, General Commercial
R-M, Residential Multiple Family
R-M PUD, Residential Multi-Family
R-PUD, Residential Planned Unit Development
R-S, Residential, Single Family
H:\2019\19-0002\GIS\Zoning.mxd; Map revised 24 Nov 2020 Jackson Street Improvement Project
from Avenue 50 to Avenue 52
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Project Footprint
Jurisdictional Boundaries
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C I T Y O F
I N D I O
C I T Y O F
C O A C H E L L A
R I V E R S I D E
C O U N T Y
AVENUE 52

JACKSON ST

CALHOUN ST
AVENUE 50
AVENUE 51 POLO CLUB DR

CELEBRATION DR
VISTA

MONTANA CT

COLONIA
DR
L E G E N D
Project Footprint
ROW Acquisition Areas
Jurisdictional Boundaries
H:\2019\19-0002\GIS\ROW_Acquisition.mxd; Map revised 24 Nov 2020 Jackson Street Improvement Project
from Avenue 50 to Avenue 52
I
0 1,000 2,000
Feet
I I
-I I
A L 8 E R T A.

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AGENDA ITEM #9.11
Resolution No. 10329 ratifying the submission of a grant proposal to the... Page 251 of 527 Photo 2 and 3: Jackson Street & Avenue 50 (looking south). This corner experiences routine flooding during rain events, causing dirt and debris to filter onto the roadway. Without adequate drainage facilities to convey stormwater through the intersection, water accumulates and sits for days. The large amount of standing water causes significant traffic delays.

Photo 1: Jackson Street & Avenue 50 (looking west) is a main roadway corridor that has an average daily traffic count of approximately 10,675 vehicles per day. When a rain event occurs, the intersection floods causing hazardous conditions such as vehicles hydroplaning through the intersection and mud slides along dirt pathways.

Lack of sidewalks and
bike lanes
Attachment 3
Project Area Photos – Existing Conditions
Coachella Valley Mountain Conservancy – Prop 1
City of Indio –Jackson Street & Avenue 50 Flood Prevention Project 23 23

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with dirt and debris as a result of street flooding.

Flooding occurs during even a mild rain event causing
dirt and debris to flow over curbs and asphalt,
reducing pedestrian access.

Photo 6: Street Deterioration. Existing facilities along Jackson Street have suffered extensive damage to curbs
and asphalt as a result of street flooding. The City plans to repair this damage as part of this project. The
proposed drainage system will reduce future
deterioration to street surfaces by eliminating excess
sitting water and flooding.

Photo 5: Jackson Street & Avenue 50 Cross Gutter
and Catch Basin. The proposed project will remove
the existing cross gutter and small drop inlet (shown
above) and replace it with more efficient catch basins, perforated HDPE underground pipe to de-water the
intersection and prevent flooding conditions.

Photo 4: Jackson Street & Avenue 50 (looking south).

The intersection currently lacks traffic signals, which the City plans to install with the project. However, the
intersection’s current lack of drainage facilities must be addressed first.

Attachment 3
Project Area Photos – Existing Conditions
Coachella Valley Mountain Conservancy – Prop 1
City of Indio – Jackson Street & Avenue 50 Flood Prevention Project 24 24

AGENDA ITEM #9.11
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Conditions at the Project Site.

These photos demonstrate current
flooding conditions occurring at the
project site due to the recent
rainfall events. Flooding is a result
of the lack of adequate drainage
facilities at the project site.

Photo 8: Flooding Conditions along
Jackson Street. Example of street
flooding that occurs along Jackson
Street as a result sub-standard drainage
facilities.

Photo 10: Current Flooding Conditions
at the Project Site. Flooding conditions
cause hazardous driving conditions for
vehicles that often hydroplane through
water when crossing the intersection.

Attachment 3
Project Area Photos – Example of Flooding Conditions in Indio Coachella Valley Mountain Conservancy – Prop 1
City of Indio – Jackson Street & Avenue 50 Flood Prevention Project 25 25

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3. Schedule

The proposed project is part of a larger effort to address flooding, traffic operations, a lack of traffic signals at the proposed project site, and an even larger effort to implement a citywide drainage system. The flood control portion of this project at Jackson Street and Avenue 50 can be 100 percent completed within the proposed budget and schedule herein. The project will begin upon grant award and is estimated to be completed within three (3) years. The following project schedule details the milestones and timeframe.

Project Milestone Start Date Completion Date
Task 1 – Grant Administration and Project Management Activities Task 1.1 – Execute Grant Agreement with Conservancy June 2023 August 2023 Task 2 – Environmental
Task 1.1 – CEQA is complete Completed Completed
Task 3 – Engineering and Right of Way Acquisition
Task 3.1 – Prepare plans, specifications, and estimates March 2022 April 2023 Task 3.2 – Obtain additional right-of-way August 2022 August 2023 Task 4 – Procurement of Qualified Contractor
Task 4.1 – Issue request for bid for qualified contractor October 2023 November 2023 Task 4.2 – Select qualified contractor and execute
agreement
December
2023 January 2024
Task 5 – Construction
Task 5.1 – Begin construction February 2024 February 2024 Task 5.2 – Clearing and grubbing February 2024 April 2024 Task 5.3 – Utility relocation March 2024 July 2024
Task 5.4 – Install underground HDPE storm drain pipe July 2024 October 2024 Task 5.5 – Construct curb & gutter and catch basins November 2024
February 2025
Task 5.6 – Drainage system testing and performance
monitoring
March 2025 June 2025
Task 6 – Project Closeout
Task 6.1 – Project management, annual reporting, and
final report to Conservancy
August 2023 September 2025

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PLEASE NOTE: The project requires coordination with Imperial Irrigation District, which may may result in changes to the above schedule. The City will communicate any necessary schedule changes with the Conversancy.

Signalization of the project site will occur after completion of the proposed project and is a separate phase, and not part of this grant request.
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4. Budget & Cost Effectiveness

The proposed project budget is as follows:

JACKSON STREET AND AVENUE 50 FLOOD PREVENTION PROJECT
BUDGET
NO. ITEM UNIT QTY UNIT

PRICE AMOUNT CVMC

REQUEST
CITY
MATCH
1 GRANT MANAGEMENT/ PROJECT
ADMINISTRATION LS 1 $65,000 $65,000 $65,000
2 CONSTRUCT 60” PERFORATED HDPE
PIPE WITH GRAVEL BACKFILL LF 2,540 $350 $889,000 $889,000 3 CONSTRUCT 60” SOLID HDPE PIPE LF 115 $300 $34,500 $34,500 4 CONSTRUCT MODIFIED CURB INLET
CATCH BASIN PER RCTD STD 300 EA 29 $7,500 $217,500 $217,500 5 CONSTRUCT GUTTER DEPRESSION

FOR CURB OPENING CATCH BASIN
CASE C EA 29 $1,200 $34,800 $34,800
6 CONSTRUCT CONCRETE COLLAR PER
RCFC & WCD STD DWG NO 803
WITH 22.5 DEGREE BEND EA 29 $800 $22,400 $22,400
7 CONSTRUCT 18” HDPE PIPE LF 120 $120 $14,400 $14,400
IMPROVEMENTS COST SUBTOTAL $1,277,600 $889,000 $388,600 CONTINGENCY (20%) $255,520 $255,520
TOTAL $1,533,120 $889,000 $644,120

Project costs were estimated through reviews completed by Albert A. Webb Associates (WEBB), a civil engineering firm with years of experience estimating costs for similar drainage projects.

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Cost Effectiveness. The City of Indio engineering staff and WEBB factored the following cost effectiveness of the proposed project and deemed the project to be economically feasible.

• Project management and administration is estimated at 4% of the total project cost or $65,000; and
• Construction accounts for 80% of the total project budget, or $1,212,600.

These percentages are well within industry standards for similar construction projects.

Repair and maintenance costs for the project area due to flooding has resulted in added expenses to the City estimated at $15,000 to $18,000 per rain event. The location of the water ponding is in the direct path of the highest vehicle volumes, causing a public nuisance and significantly increasing the risk for accidents due to unexpected water ponding/flooding.

During rain events, crews are dispatched to install flood signs. After a rain event, additional crews are dispatched with large Vactor trucks to help remove flooded waters. This process takes approximately three hours. Implementation of the proposed project will save the City current repair and maintenance costs for the City’s time and materials leveraged to mitigate the flooding.

Efficient Use of Funds. Grant funds will be used to construct the new drainage system at the project site. This project is vital to a larger effort to improve the site by first addressing hazardous flooding, and then by signalizing the intersection to help reduce traffic congestion.

Without the proposed project (construction of drainage facilities), traffic signals would be ineffective during rain events.

The City has extensive experience delivering both Federal and State funded projects and has developed a systematic and proven internal process to track grant funds and ensure timely completion of required reports. Indio’s Public Works Department is supported by a staff of internal finance specialists, contract specialists, and grant managers. When internal staff cannot complete tasks because of heavy workloads or lack of expertise, the City procures qualified consultants, in accordance with applicable grant requirements, to successfully meet grant requirements and conditions.

California Conservation Corps. Per an email dated January 4, 2019, from Diana Rosas, Prop 1 Project Coordinator at the Conversancy, there is no need for a CCC consultation for infrastructure projects.

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5. Organizational Capacity

The City of Indio’s Public Works Department serves an area of 33 square miles with its Engineering Division providing a variety of services including design and construction for capital improvement roadway projects, street maintenance and rehabilitation, and traffic signals and drainage. The Public Works Department has a long list of success stories that include over $40 million in interchange improvement projects and over $15 million in street improvements.

Currently, the Public Works Department is managing over $37.5 million in bridge, street, interchange, traffic, and storm drain projects. Similar projects completed in recent years by the Public Works Department include:

• Madison Street Storm Drain Improvements: A $22 million project that includes street widening on Madison Avenue from Avenue 50 to Avenue 52. The project widened the corridor from two-lanes to four-lanes, constructed new sidewalks, installed a horse trail and additional pedestrian facilities, and included drainage improvements similar to the proposed project along with canal re-routing. The project was completed in the Summer of 2019 and came in on budget.
• Shadow Hills Water Management Project (Prop 1 Funding): A $520,000 project to install rain gardens, a dry well, and plant native trees in the Shadow Hills Retention Basin. The project recharged groundwater and recycled stormwater for irrigation purposes that maintains the native habitat and mitigates flooding during rainfall events. Construction of the project is complete with final landscaping completed in 2019. The project was completed in the Summer of 2019 and came in on budget.

The City project management team includes three licensed engineers: Project Director Tim Wassil, City Engineer Juan Raya, and Project Manager Josh Nickerson. Tim Wassil is a Professional Engineer serving as the City’s Public Works Director. Mr. Wassil has a Civil Engineering degree and extensive project management experience and has helped complete many transportation projects for the City of Indio. Josh Nickerson is a Project Manager for the City of Indio and a Senior Civil Engineer at NAI Consulting. Juan Raya serves as the City’s Civil Engineer and has design and construction management experience. Mr. Nickerson and Mr. Raya have the expertise to manage the proposed project and ensure the project is completed on time and within budget. Please see attached resumes for reference.

In addition to an expert team of City engineering staff managing the project, the City has contracted with leading experts in the civil engineering field to design and complete CEQA for the project. The project design will ensure the project incorporates appropriate best management practices (BMPs) and techniques to achieve the maximum benefits possible.

WEBB is currently leading the technical planning and preliminary design for the proposed project. The engineering plans are at 90 percent. WEBB offers years of experience and a broad range of services that include project planning and design, stormwater engineering, traffic and 30

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transportation, environmental, and land surveys. Dilesh Sheth, P.E., T.E., WEBB Director of Transportation, is representing WEBB on the project team.

Please see attached project team resumes.
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PROFESSIONAL

PROFILE

EXPERIENCE
Timothy T. Wassil, PE, PMP, CCM
Project Director for the Jackson Street & Ave 50 Flood Protection Project 100 CIVIC CENTER MALL
INDIO, CA 92101
[email protected]
(760) 391-4018
Senior Executive professional with more than 10 years of extensive experience in Public Works, Environmental Health & Safety, and Civil construction field.

Highly equipped at directing all phases of Public Works activities including road maintenance and construction, bridge maintenance, engineering support, building and facility maintenance, and coordination of recycling efforts.

Possess a strong expertise in planning, designing and delivery of capital improvement programs for municipal facilities, transportation, utility and other infrastructure systems. Strategic leader with a proven track record building and leading effective cross-functional teams.

Public Works Director, City of Indio, Indio, CA
March 2015 – Present
Plans, organizes, directs, and coordinates the Public Works Department’s Capital Improvement Projects; represents the City and serves as a liaison with architects and contractors, community organizations, and City departments in the building, renovation, and/or rehabilitation of City owned facilities and parks; oversees facility maintenance for City owned buildings and parks; coordinates work activities with other departments and agencies. Manages 36 employees across six primary divisions: Administration, Engineering, Building and Parks, Streets, Fleet, and Environmental Services. Prepares department budgets, controls expenditures and approves all requisitions. Oversees the budget, maintenance, operation, planning, engineering, and construction activities to provide quality water, wastewater and storm drainage services to the City. Plans and prioritizes Public Works maintenance and construction programs including evaluating operational challenges and identifying solutions.

Projects Completed:
ü Citywide Master Drainage Study
ü Citywide roadway rehabilitation projects
ü Three major interchange projects estimated at $350 million ü Roadway widening projects
ü Bridge evaluations and seismic retrofit projects
EDUCATION Degree – Major BS Civil Engineering, Southern Illinois University 1987 Professional Engineer in California and Arizona
Project Management Professional since 2011
Certified Construction Manager since 2013
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Juan Raya, PE, has been with the City of Indio for 16
years, and serving as the City Engineer for 7
years. Mr. Raya holds a BS in Civil Engineering from
California State Polytechnic University, Pomona. Mr.

Raya has over 20 years of experience in the field of
engineering and, as City Engineer, plays an
instrumental role is managing the Engineering
Division of Public Works. His role as City Engineer
entails the management of all private development
projects’ matters as well as City Capital
Improvement Program projects. Duties include, but
are not limited to, creating and updating the City
Public Works master plans, assisting with securing
grants, and acting as a liaison with the Federal
Emergency Management Agency.

Juan Raya, P.E.

City Engineer
City of Indio
100 Civic Center Mall
Indio, CA 92201
Phone: (760) 541-4225
Fax: (760) 342-6590
www.indio.org
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Vice President
Registered Civil Engineer C 65078 (CA)
Registered Civil Engineer C 14934 (NM)
Registered Traffic Engineer 2112 (CA)

AFFILIATIONS
American Public Works Association, Coachella Valley

EDUCATION
BS, Civil Engineering, University of Saurastra, Rajkot, India Dilesh Sheth, Vice President and Director of the Traffic & Transportation Department at WEBB, assists public and private clients present findings and recommendations on a wide range of projects to elected officials, municipal commissions, community groups, and the general public.

Dilesh has coordinated projects with Caltrans and numerous counties, cities, flood control districts, utility companies, residential, and business owners throughout Inland Southern California. He focuses on mastering agency requirements and goals, enabling him to balance community and local jurisdiction needs to bring positive solutions to difficult situations and projects.

Dilesh’s technical experience includes highway design, intersection and interchange improvements, street widening, roundabout design, pedestrian and bicycle infrastructure improvements. His recent projects include roadway design, roundabout design, mid-block crosswalks, traffic signal design, traffic control plans, signing and striping plans, pedestrian and bike facilities, and site access evaluation.

Dilesh is a registered civil engineer in California and New Mexico and a registered traffic engineer in California. He is the President of the American Public Works Association Coachella Valley Branch and is past President of the Riverside/San Bernardino County Institute of Traffic Engineers.

Madison Street Improvements, City of Indio - As Project Manager, Dilesh led the alignment study, Project Design Report, environmental, utility relocation, right-of-way acquisition, roundabout feasibility, preparation Plans, Specification, and Cost Estimate (PS&E), and multi-agency coordination effort. Madison Street from Avenue 50 to Avenue 52 is an approximately one mile long arterial roadway located within the City of Indio and the City of La Quinta. The typical street section of Madison Street does not currently conform to both cities’ General Plan Circulation Elements. Dilesh helped both cities reach an agreement on a modified typical street section. The project will be constructed in two phases.

Phase I will install three lanes and Phase II will install an additional two lanes. Phase I of the project has a very aggressive schedule because of the pavement condition and music festival schedule on the polo grounds, which are located at the east boundary.

Limonite Avenue Street Improvements, City of Jurupa Valley - Dilesh coordinated with IID #2 transition and distribution line relocation and under grounding. The project also required property acquisition and temporary construction easements.

Ayala Avenue Widening, City of Rialto – Dilesh was the Project Manager for the Ayala Avenue Widening Project. As Project Manager, Dilesh led the alignment study, Project Design Report, CEQA/NEPA, Local Assistance Procedure, utility relocation, right-of-way acquisition, preparation of Plans, Specification, and Cost Estimate (PS&E), and Caltrans coordination effort. The project is federally funded under the Highway Safety Improvement Program (HSIP) and follows the Caltrans Local Assistance Procedures Manual. The project is located on the eastside of the Rialto Airport. The project widened Ayala Avenue from a two-lane roadway to a four-lane roadway and included installation of curb & gutter, sidewalk, bike lanes, traffic signal modification, and storm drain. The project dealt with the storm drain runoff from the airport, utility coordination and relocation, and right-of-way acquisition. 34 34

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Vice President
Three Major Intersection Improvements, City of Rancho Mirage – Dilesh serves as Project Manager for the Major Intersection Capacity Improvements Project. The City of Rancho Mirage is a resort community and tourists are often stuck waiting at congested traffic signals for more than one cycle. The City adopted a policy to design and construct the City’s street system to maximize mobility, minimize congestion, and assure that all intersections and street segments shall operate at LOS “D” or better during the peak hours of traffic, as generated by the build-out of the Land Use Plan.

The City identified 18 intersections, including three study intersections, as critical intersections in its 2005 General Plan.

These intersections are currently showing minor congestion which will most likely get worse over time with growth in the area. WEBB is studying these intersections to identify improvements, utility relocations, additional right-of-way, cost, and possible state or federal funding for this project.

Highway 111 Off-Site Improvements, East County Detention Center, City of Indio - Dilesh provided traffic and
transportation engineering services for the WEBB Team responsible for design and construction administration services associated with off-site improvements for the East County Detention Center. This project consists of, but is not limited to the following:
• Constructing an eastbound right turn lane on Highway 111 approaching Oasis Street. Existing sidewalk, parkway, turf, and trees are located in the proposed right turn, which are being impacted by on-site construction • Modification of existing parkway, traffic signal, median on Oasis Street, and also dedication of right-of-way to the City • Replace sidewalk, curb ramps, curb and gutter, and cross gutter • Signing and striping plans on Highway 111 between Jackson Street and Monroe Street and northbound Arabia Street south of Highway 111
• WEBB worked with the EDA and the City to determine the median modification and signing & striping for the right in and right out driveway located west of Oasis Street
• The existing traffic signals on Highway 111 at Arabia Street and on Highway 111 at Oasis Street will both require complete replacement of existing equipment to meet current City Standard Special Provisions • Replacement of existing traffic signal conduits
• Through utility research, potholing, check overhead clearance, and pothole during the design phase • Regional storm drain improvements on Highway 111 and Oasis Street which required extensive utility research and potholing
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Project Team Resume:

Joshua Nickerson, P.E.

Project Manager /
Senior Civil Engineer

PROFESSIONAL EXPERIENCE
Josh Nickerson, P.E. is a Project Manager/ Senior Civil Engineer at NAI Consulting. With over 11 years of experience in design and project management, he brings an array of knowledge to support capital improvement projects from cradle to grave. In the past few years, he has developed a solid reputation for providing administrative and engineering sup port for federal and state aid projects. With his in -depth knowledge of state and federal procedures as well as his continuously developing network of agency contacts, he can successfully manage projects through the federal and state funding requirements.

This ongoing support requires a significant amount of interagency coordination between the cities, the Riverside County Transportation Commission (RCTC), the California Transportation Commission (CTC), and the California Department of Transportation (Caltrans).

PROJECT MANAGEMENT AND CONTRACT ADMINISTRATION
Mr. Nickerson has an intimate knowledge of local standards as well as state standards; including the Local Assistance Procedures Manual, the Local Assistance Programs Guidelines, the Project Developmen t Procedures Manual, the Caltrans Construction Manual, etc. Typical services he provides include Consultant Management, Project budgeting, and scheduling; FTIP coordination/updating; RCTC, CTC, and Caltrans coordination; request for authorization (RFA) pre paration for federally funded phases of work; request for allocation for state-funded phases of work; NEPA review; federal and state invoicing; federal RFP preparation; federal project specifications preparation, etc.

Representative projects include:

Vista Chino Bridge Improvements
Mr. Nickerson serves as the Assistant Project Manager for the City of Palm Springs responsible for the delivery of this project. This bridge project is funded with federal Highway Bridge Program funds and will replace the ex isting low water crossing along Vista Chino Drive at the Whitewater River with an all - weather bridge. The project is a high-cost bridge project and includes the relocation of transmission and distribution electrical facility. Mr. Nickerson is responsible for consultant management, Caltrans and CVAG coordination, and financial management.

Ramon Road Widening from San Luis Rey to Landau Boulevard Mr. Nickerson serves as the Assistant Project Manager for the City of Palm Springs responsible for the delivery of this project. This project is funded with federal Highway Bridge Program funds and includes widening the existing bridge along Ramon Road at the Whitewater River. The project is a high-cost bridge project and includes undergrounding existing electrical o verhead distribution, as well as extensive property acquisition. The project area is split between the cities of Palm Springs and Cathedral City. Mr.

Nickerson is responsible for consultant management, Caltrans and CVAG coordination, utility and right of way coordination, managing the expectation of both cities, project budgeting, and financial management.

Indio Bridge Seismic Retrofit Projects
Mr. Nickerson serves as the Project Manager for the City of Indio responsible for the delivery of these projects. The City of Indio is retrofitting four older bridges with federal Highway Bridge Program funds including Jackson Street Bridge over Union Pacific Railroad; Indio Boulevard Bridge over Union Pacific Railroad; Jackson Street Bridge over the Coachella Valley Stormwater Channel; and Indio Boulevard over 36 36

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Project Team Resume:

Joshua Nickerson, P.E.

Project Manager /
Senior Civil Engineer
the Coachella Valley Stormwater Channel. The projects include coordination with Union Pacific Railroad as well as the Coachella Valley Water District. Mr. Nickerson is responsible for Consultant Management, Caltrans Coordination, Project Permitting, project budgeting, plan reviews, and financial management.

Madison Street Improvements from Avenue 50 to Avenue 52 Mr. Nickerson serve d as the Project Manager for the City of Indio responsible for the delivery of t his project. This project was funded with CVAG funds and includes the widening of Madison Street from Avenue 50 to Avenue 52. The improvements included extending a box culvert for the Coachella Canal and extensive property acquisitions. The project area was split between the City of Indio and the City of La Quinta. Mr. Nickerson was responsible for CVAG Coordination, budgeting, and financial management.

Highway 111 Street Improvements from Madison Street to Rubidoux Street Mr. Nickerson serve d as the Proj ect Manager for the City of Indio responsible for the delivery of this project. This project was funded with federal Surface Transportation Program funds and includes widening Highway 111 from 760 feet west of Madison Street to Rubidoux Street. The improve ments include d updating sidewalks, driveways, ADA ramps, traffic signals, and drainage improvements. Mr. Nickerson wrote the federal grant for this project as well as a regional grant for SB821 funds for the sidewalk improvements. Mr. Nickerson was responsible for Caltrans and C VAG coordination, budgeting, and financial management.

HSIP Signal Interconnect, City of La Quinta
Mr. Nickerson served as the Project Manager for the City of La Quinta responsible for the delivery of this project. The HSIP Signal Interconnect Project upg raded the City of La Quinta’s traffic signal interconnect system to fiber optic communications citywide including installing a new conduit where necessary. Mr.

Nickerson wrote the HSIP Cycle 7 grant application and was responsible for all federal complianc e documents including the RFA for Construction, Award Package, Invoicing, and Final Report of Expenditures. In his role, Mr. Nickerson reviewed the NEPA PES Form, which was approved without any technical studies being required.

Avenue 44 Bridge, City of Indio
Mr. Nickerson serves as the Project Manager for the City of Indio responsible for the for the delivery of this project. The Avenue 44 Bridge Project will replace existing low water crossing at the Whitewater River with a new all -weather bridge, funded with Federal Highway Bridge Program Funds. Mr. Nickerson reviewed the PES Form along with the appropriate Technical Studies and facilitated several meetings with Caltrans. He is also responsible for preparing the funding authorization documents for the PE, ROW, and Construction Phases, as well as invoicing, the Award Package, and the Final Expenditure Report..

Cathedral Canyon Drive Bridge, City of Cathedral City
Mr. Nickerson serves as the federal project coordinator and reviewer for the City of Cathedra l City responsible for federal compliance and overall plan review. The Cathedral Canyon Bridge Project will replace the existing low water crossing at the Whitewater River with a new all-weather bridge, funded via Federal Highway Bridge Program Funds. Mr. Nickerson is responsible for preparing funding authorizations for PE, ROW, and Construction, as well as invoicing, the Award Package, and the Final Expenditure Report.

He is also assisting in writing the RFP to select a consultant for the Construction Man agement following all federal requirements for consultant selection.
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Project Team Resume:

Joshua Nickerson, P.E.

Project Manager /
Senior Civil Engineer
Monterey Avenue Street Improvements, City of Rancho Mirage Mr. Nickerson served as the federal project coordinator for the City of Rancho Mirage responsible for federal compliance during construction. The Monterey Avenue Street Improvements included widening Monterey Avenue from Dinah Shore Drive to Gerald Ford Drive. Mr. Nickerson assisted the City in preparing the ROW Certification along with the RFA for Construction. In addition, Mr. Nickerson provided the City with structural calculations for a new catch basin that was in the travel lane. Mr. Nickerson also prepared the Award Package and Final Report of Expenditures. During construction, Rancho Mirage was subject to a construction oversight review with Caltrans. Mr. Nickerson helped prepare the forms for this meeting and coached the construction management team in the federal construction compliance guidelines.

GRANT WRITING
Mr. Nickerson has written grant applications successfully securing funding from federal programs such as STP and CMAQ as well as the new Active Transportation Program (ATP), and for regional transportation funds such as TDA Article 3 (SB821) for Bicycle and Pedestrian facilities in the County of Riverside. A sample of projects include the following:
• La Quinta Village Complete Streets – A Road Diet Project ($7.3 Million) • HSIP Intersection Improvements ($1.1 Million)
• HSIP Traffic Signal Interconnect Network Upgrade ($1.9 Million) • Systematic Safety Analysis Report ($139,500)
• Bridge Preventative Maintenance Program ($30,000)
• Blackhawk Way at Adams Street Curb Ramps ($109,500)
• Andrew Jackson Elementary ($2.6 Million)
• Jackson Street Signal Sync ($2.7 Million)
• North Indio Pavement ($1.1 Million)
• Highway 111 Widening ($4.7 Million)
• Highway 111 Pedestrian ($217, 400)

OTHER EXPERIENCE INCLUDES
Private Retaining Walls
Mr. Nickerson designed a new retaining wall for a private property o wner along the perimeter of their house. The house is situated on a hill on the property. There was an existing timber lagging wall along the perimeter that was showing signs of failure. Mr. Nickerson worked closely with the owner to layout the new wall lo cation and designed a standard concrete cantilever retaining wall. Mr. Nickerson was responsible for preparing the plans and structural calculations for permitting with the County of Riverside.

Project Team Resume:

Monument Foundation Design
Mr. Nickerson has designed several foundations for architectural monuments including large sculptures for City art installations as well as a large cross for a church. Mr. Nickerson was responsible for coordinating with the owners and preparing the plans and structural calculations for City permitting.

Bridge Design Experience
Mr. Nickerson has designed several bridges in his career. This includes preparing the plans and structural calculations for Morningside Bridge over SR178 in the City of Bakersfield as well as the widening of Friars Road over SR163 in the City of San Diego. This work includes structural modeling in SAP, RISA, VBent, and 38 38

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Project Team Resume:

Joshua Nickerson, P.E.

Project Manager /
Senior Civil Engineer
CT Bridge. Mr. Nickerson used the latest AASHTO Bridge Design Specifications as well as Caltrans Seismic Design Criteria.

EDUCATION
Master of Science in Structural Engineering, University of California, San Diego Bachelor of Science in Structural Engineering, University of California, San Diego Professional License:

Registered Professional Engineer, 2013
California No. 81376
Professional Affiliations:
• American Society of Civil Engineers
• American Public Works Association
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6. Grant Program Objectives

The proposed project is an Infrastructure Project that will improve stormwater and groundwater management through the construction and installation of a new HDPE perforated pipe system. These improvements will provide drainage facilities at the Jackson Street/Avenue 50 intersection where there are currently none.

The project addresses Pr
oposition 1 objectives and Conservancy priorities to protect and restore urban watershed health to improve watershed storage capacity, protection of life and property, and storm water resource management. All of the City’s water demands are met entirely by groundwater pumping. This makes groundwater a main priority. To improve watershed storage capacity, the new drainage system will take localized flooding waters, infiltrate runoff, and allow water to flow to the City’s groundwater resources.

For protection of life and property, the project will prevent future flooding by constructing new drainage facilities where there are none. During rain events, the project site floods causing vehicles to hydroplane through the intersection. This creates hazardous conditions for motorists, pedestrians, and bicyclists. Construction of the new drainage system will allow stormwater to drain rapidly, leaving the corridor flood-free. Alleviating flooding conditions will improve safety for motorists and pedestrians and protect local business properties along the corridor that are at risk of water damage due to flooding.

For stormwater management, the qua
ntity of water that will be managed as a result of the
proposed project is estimated at a 100-year, 24-hour storm volume of 134,000 CF. The stormwater will be re-directed, pre-treated, and infiltrated into the ground for flood control and groundwater recharge. The 100-year, 24-hour storm volume is calculated by using a Synthetic Unit Hydrograph Method, NOAA Atlas 14 rainfall data, soils group, project site surface type and acreage. The required length of 60” HDPE is estimated by using the confirmed infiltration rate from the nearby similar project, Madison Street and Storm Drain Improvements. The project also aligns with Proposition 1 objectives and Conservancy priorities to reduce pollution of rivers, lakes, streams, and coastal waters. The new drainage system will allow treated water to infiltrate into the underground basin.

Fi
nally, the proposed project aligns with Proposition 1 objectives and Conservancy priorities to protect and increase the economic benefits arising from healthy watersheds. Indio Water Authority draws its emergency connections from the Coachella Valley Water District (CVWD) during times of water shortages. During water shortages, there is usually a hike in water prices that is passed to residents, which can cause an economic strain on lower income households.

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infiltration and water recharge opportunities, helping to replenish the City’s watersheds that also provide safe drinking water.

Disadvantaged Communities. The proposed project is located within one mile of three Census Tracts (6065049500, 6065940400 and 6065045707) identified as disadvantaged communities according CalEnviroScreen 4.0. On average, residents in these Census Tracts rank in the 96th percentile for unemployment; and the 85th percentile for poverty (CES 4.0 Unemployment/Poverty Results). Many of these households rely on alternate transportation options such as walking, biking, and use of public transit. Current conditions (lack of drainage facilities, traffic signals, sidewalks, and crosswalks) at the proposed project site make the aforementioned transportation options difficult.

The proposed project is an Infrastructure Project that will construct new drainage facilities to prevent routine flooding that occurs at the intersection of Jackson Street and Avenue 50 in the City of Indio during rain events. Without a drainage system in place, the intersection will continue to flood creating severe traffic delays while making walking or biking nearly impossible. The proposed project benefits disadvantaged communities with improved facilities that will reduce traffic congestion and make safer alternate transportation options at the project site.

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7. Project Evaluation Criteria

(a) Objectives.

The proposed project fulfills the Proposition 1 objectives (see Section 6 – Grant Program Objectives for reference) and the California Water Action Plan by increasing flood protection and helping to replenish the City’s groundwater storage. The project protects local and regional water supplies and quality by reducing pollutants from runoff before stormwater is allowed to flow to receiving waters. According to the 2016 California Water Action Plan, groundwater accounts for more than one-third of the water used by cities and farms. Pumping more water than is recharged significantly lowers groundwater levels. This is particularly relevant to the City of Indio, which obtains all of its water from groundwater sources via the Whitewater River Subbasin.

The proposed project also fulfills Proposition 1 objectives and Conservancy priorities to:
• Protect and restore urban watershed health to improve watershed storage capacity, protection of life and property, and storm water resource management - The new drainage system will take localized flooding waters, infiltrate runoff, and allow water to replenish groundwater resources. Reducing flooding conditions via new drainage facilities will also improve safety to life and property for motorists and pedestrians, while protecting local business properties located along the corridor from the risk of water damage to their facilities due to flooding.
• Reduce pollution of rivers, lakes, streams, and coastal waters – The proposed project will allow treated water to flow to receiving waters, helping to reduce water pollution. • Protect and increase the economic benefits arising from healthy watersheds - The proposed storm drain system will convey and store street flow maximizing water infiltration and water recharge opportunities, helping to replenish watersheds.

Maintaining the City’s groundwater supplies will prevent Indio Water Authority, the City’s water supplier, from having to seek emergency connections from the Coachella Valley Water District (CVWD). This will avoid potential hikes in water prices that is passed to residents when water shortages occur. Such expenses are an economic strain on lower income households.

Please refer to Section 6 - Grant Program Objectives for more details.

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(b) Technical effectiveness and innovation.

The proposed project utilizes best management practices to address flooding conditions occurring at the site. A thorough technical review and Initial Study (IS) by WEBB, an established and experienced civil engineering firm contracted by the City of Indio, has helped to identify one of the most innovative and technically appropriate drainage systems to prevent future flooding and recharge the City’s groundwater storage.

Technical Effectiveness. Underground infiltration systems are highly effective at removing a high percentage of suspended solids and organic compounds and reduce or prevent pollution to the basin. This is important because the infiltrated water is recharging the underground aquifer, which ultimately is used for drinking water in the region. Underground infiltration systems are cost-effective and have a long lifecycle. Effectiveness estimates include:

• The project is estimated to capture 134,000 cubic feet (CF) of water (over a 100-year, 24-hour storm volume) that will then be pre-treated for groundwater recharge.

• According to the University of Connecticut’s Stormwater Quality Manual, an underground infiltration structure, including premanufactured pipes, provides significant benefits in reducing sediment, phosphorus, nitrogen, metals, and partial benefits in reducing pathogens, floatables, oils and grease, and dissolved pollutants.

They also provide significant benefit with respect to runoff capture and groundwater recharge.

Innovation. With the expertise of WEBB, the City has selected one of the most innovative drainage systems that is effective at reducing flooding, capturing runoff, treating water, and helping to replenish the City’s groundwater storage.

(c) Multi-benefits.

The proposed project is an Infrastructure Project with multiple benefits to addresses: 1) Flood Management: Decreased flood risk by improving existing infrastructure with a new drainage system; 2) Water Supply: Increased water supply reliability to the City’s groundwater supplies; and 3) Water Quality: Treatment of runoff.

Flood Management: The project will implement a new drainage system that will prevent future flooding. The drainage system is estimated to retain and infiltrate a volume of 134,000 CF of water over a 100-year, 24-hour storm volume that will be pre-treated for flood control and groundwater recharge.

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Water Supply: The project will reduce urban runoff by capturing and treating runoff and replenishing groundwater storage basins, thereby contributing to the long-term water supply of the City’s groundwater.

Water Quality: The project will suppo rt sustained, long-term water quality improvements, and contribute to improvements to the underground aquifer within the City’s watersheds.

Pollutants will be significantly reduced through the new HDPE system.

(d)
Cost Effectiveness.

The City of Indio and WEBB determined that the proposed project is cost effective and economically feasible. Project management and administration is estimated to be 4% of the total project budget and construction accounts for 80% of the total project budget. These percentages are well within industry standards for similar construction projects.

The project will also be cost effective in saving the City of Indio current repair and maintenance costs for the project, which is estimated at $15,000 to $18,000 per rain event. During rain events, crews are dispatched to install flooding signs; followed by additional crews to remove flooded waters with large Vactor trucks – a process that takes approximately three hours.

Implementation of the proposed project will save the City current repair and maintenance costs for the City’s time and materials leveraged to mitigate flooding during each rain event.

Efficient Use of Funds. Grant funds will be used for the implementation of a new drainage system at the project site. This project is vital to a larger effort to improve the project site by first addressing hazardous flooding (proposed project), and then by signalizing the intersection (later phase of the larger project) to help reduce traffic congestion. Without the proposed project (construction of drainage facilities), traffic signals would be ineffective during rain events.

Please refer to Section 4 – Budget & Cost Effectiveness for more details.

(e) Leveraged financial support.

The proposed project is part of a larger effort to improve the Jackson Street/Avenue 50 area with drainage facilities and traffic signals. The entire project is estimated at $14 million and includes planning and design, CEQA (completed), right-of-way acquistions, constructing drainage facilities, and installing a traffic signalization. Coachella Valley Association of Governments has committed to providing up to 75 percent of the funding, with the remaining 25 percent to be split among the City of Indio and the County of Riverside.

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For this stand-alone project, funding is the responsibility of the City of Indio and County of Riverside. Grant funding from the Conservancy will limit the necesitity to leverage General Funds to meet this financial commitment.

(f) Collaboration.

The City of Indio, Coachella Valley Association of Governments (CVAG), and the County of Riverside have committed to work together to implement flood management and drainage improvements that will prevent future flooding and reduce the impact of urban runoff on the receiving water quality. The proposed project will further this implementation of a regional goal to construct drainage facilities, where there are none, and will provide flood prevention, stormwater capture, and water treatment.

The proposed project has the cooperation of the region and is ranked #1 on the Transportation Project Prioritization Study (TPPS). The TPPS was developed by CVAG to identify and determine the prioritized need for regional transportation improvement projects. The study area included nearly 300 miles of roadways including 242 study segments, 13 intersections, 5 existing interchanges, 8 new interchanges, and 45 bridges. The result of the study was a summary of priority projects for the regional transportation network that ranked the proposed project #1 on the list, making it a priority for the Coachella Valley region and having the support of the aforementioned stakeholders.

Please refer to Section 11 – Project Supporters for more details.

(g) Grantee capacity.

The City’s Public Works Department has a long list of success stories that include over $40 million in interchange improvement projects and over $15 million in street improvements.

Currently, the Department is managing over $37.5 million in bridge, street, interchange, traffic, and storm drain projects. Public Works has an efficient and well-developed internal process to track grant funds and ensure timely completion of projects. Similar projects successfully completed by the Public Works Department include the Madison Street Storm Drain Improvements (a $22 million project for similar drainage improvements, street widening, and construction of pedestrian facilities) and Shadow Hills Water Management Project (a $520,000 project to install rain gardens, a dry well, and plant native trees in the Shadow Hills Retention Basin for groundwater recharge and flood mitigation). Both projects were completed in 2019 and came in on schedule and within budget. These projects demonstrate the City’s ability to successfully manage and complete the proposed project.

The City project management team includes three licensed engineers: Project Director Tim Wassil, City Engineer Juan Raya, and Project Manager Josh Nickerson. Tim Wassil is a Professional Engineer serving as the City’s Public Works Director. Mr. Wassil has a Civil 45

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Engineering degree and extensive project management experience and has helped complete many transportation projects for the City of Indio. Josh Nickerson is a Project Manager for the City of Indio and a Senior Civil Engineer at NAI Consulting. Juan Raya serves as the City’s Civil Engineer and has design and construction management experience. Mr. Nickerson and Mr.

Raya have the expertise to manage the proposed project and ensure the project is completed on time and within budget.

In addition to the City’s engineering staff, the City has contacted with WEBB to lead the design effort and ensure best management practices (BMPs) are incorporated into the final design of the project in order to achieve maximum results. WEBB prepared the CEQA documentation and assisted the City with the technical planning effort that, to date, has led to the preliminary design and selections detailed in this application (Ref. Attachment 1 – Site Plan).

Please refer to Section 5 – Organizational Capacity for more details and resumes of the entire project team.

(h) Local economic benefits.

The proposed project improvements for this phase are part of a larger effort to reduce flooding that occurs at the Jackson Street/Avenue 50 intersection and install traffic signals to help reduce traffic congestion. Ultimately, the project will transform the project site into an environment that will better serve residents, commuters, and local businesses that utilize the project site for daily travel.

The proposed storm drain system will convey and store street flow maximizing water recharge opportunities, and as a result help to replenish local watersheds. Indio Water Authority (IWA), the City’s water supplier, provides the City water via groundwater sources, and draws its groundwater primarily from the Whitewater River Subbasin. During times of water shortages, IWA leans on emergency connections available from the Coachella Valley Water District (CVWD). When emergency connections are needed, water prices increase, resulting in an economic strain on Indio residents, especially lower income households. The proposed storm drain system will convey and store street flow maximizing water infiltration and water recharge opportunities, helping to replenish the City’s watersheds that also provide safe drinking water.

The proposed project benefits disadvantaged communities with improved facilities to reduce traffic congestion and make alternative transportation options at the project site. The proposed project is located within one mile of three Census Tracts (6065049500, 6065940400 and 6065045707) identified as disadvantaged communities according CalEnviroScreen 4.0. On average, residents in these Census Tracts rank in the 96 th percentile for unemployment; and the
85th percentile for poverty (CES 4.0 Unemployment/Poverty Results). Many of these households rely on alternate transportation options such as walking, biking, and use of public 46

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transit. Current conditions (lack of drainage facilities, traffic signals, sidewalks, and crosswalks) at the proposed project site make the aforementioned transportation options difficult.

(i) Public and community support.

Due to frequent flooding, vehicles hydroplane through the intersection creating hazardous conditions for motorists, pedestrians, and bicyclists. To help alleviate flooding conditions, the City must leverage staff time and resources to mitigate flooding conditions by posting flood signs and dispatching Vactor trucks dispatched to pull excess water from the intersection after each rain event. These methods require City staff, materials, and time, and is not a long-term solution.

Due to ongoing complaints from residents and local business owners, the City and supporting stakeholders (Coachella Valley Association of Governments and the County of Riverside) came together to create a large-scale project that will drastically improve the project site with an efficient and widely used drainage system to prevent flooding. Another phase of the larger project will install traffic signals to improve traffic congestion for the Jackson Street/Avenue 50 intersection.

See Letters of Support from stakeholders and Indio Police Department.

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8. Environmental Review

An Initial Study and Mitigated Negative Declaration (IS/MND) was prepared for the Jackson Street Improvement Project from Avenue 50 to Avenue 52 and the Notice of Determination was filed with the California State Clearinghouse on October 21, 2021. Grant funds will not be used for environmental mitigation requirements.

See attached Notice of Determination documentation for reference.

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To:
[!] Office of Planning and Research
U.S. Mail: Street Address:

P.O. Box 3044 1400 Tenth St., Rm 113
Sacramento, CA 95812-3044 Sacramento, CA 95814
[!] County Clerk
County of: ,,..R.,.,iv_e=r-'--si-'-d-aae~------ --­
Address: P.O. Box 751
Riverside, CA 92502-0751
Appendix D
From:

Public Agency: City of Indio Address: 100 Cc:-iv...,..ic"'--=c-e-nt:-e-r"""'M-a--a-;sll ____ _ _ Indio, CA. 92201
Contact: Timothy Wassil , Dir. of Public Works
Phone: (760) 391-4042
Lead Agency (if different from above):

Address: ________ ____ _
Contact: _____________ _
Phone:. ______ _______ _
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.

State Clearinghouse Number (if submitted to State Clearinghouse) :_2_02_1_0_8_0_0_2_1 _______ _ Project Title : Jackson Street Improvement Project from Avenue 50 to Avenue 52 Project Applicant: _C_it_,_y_o_f_ln_d_io _______ ________ __________ _ Project Location (include county) : Jackson St from Ave 50 to Ave 52, City of Indio County of Riverside Project Description :

The Project proposes to improve a portion of Jackson Street, Avenue 50, and Avenue 52 to its ultimate General Plan configuration as well as construct drainage improvements consistent with the City's Master Drainage Plan and generally include widening Jackson Street from three travel lanes to four travel lanes and adding sidewalk , bike lane, curb and gutter, and drainage improvements. New traffic signals and improvements are proposed at the intersections of Avenue 50, Avenue 51 , and Avenue 52. D This is to advise that the City of Indio has approved the above (~ Lead Agency or D Responsible Agency)
described project on 10/20/2021 and has made the following determinations regarding the above (date)
described project.

1. The project [ □ will ~ will not] have a significant effect on the environment.

2. D An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ~ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.

3. Mitigation measures [~ were D were not] made a condition of the approval of the project.

4. A mitigation reporting or monitoring plan[ ~ was D was not] adopted for this project.

5. A statement of Overriding Considerations [ □ was Ii] was not] adopted for this project.

6. Findings [~ were D were not] made pursuant to the provisions of CEQA. -This is to certify that the fin IR w1 h commenJ~nd-r·esponses and recor f project approval, or the negative Declaration, is a ilable to the GeneraTPublic t~ Cit Hall, 100 Civic Cen er Mall, Indio CA 92201
Date: __ OC_T_2_1--=2-'-"'02 ____ 1 ____ _ Date Received for filing at QPR : ____ ____ _ Authority cited: Sections 21083, Public Resources Code.

Reference Section 21000-21174, Public Resources Code . Revised 2011 Print Form
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9. Proposed Performance Measures and Monitoring

The proposed project will be evaluated to the degree by which the new drainage system complies with the technical design criteria and meets its target goals of water recharge (volume of 134,000 CF of water calculated over a 100-year, 24-hour storm event). WEBB will conduct soil infiltration tests prior to installation to determine how effective the storm drain system will be in mitigating flooding hazards and storm water quality. Upon project completion, the City of Indio and WEBB will monitor the project to evaluate performance. The following chart details the assessments that will be evaluated.

Technical Operational Strategic
Level of functioning Level of service Cost-effectiveness; environmental impact
Compliance with technical
design criteria
Compliance with (system)
design criteria
General (physical,
economic) objectives of
drainage
Quality, effectiveness Efficiency Efficacy, viability
Short term Short term Medium and long term

One major challenge to measure performance is identifying the target levels and ranges. As target levels (water capture) are dependent upon climate (rainfall), which are subject to change with time, they are difficult to assess considering changing variables. WEBB has predicted water targets using standard methods (Synthetic Unit Hydrograph Method, NOAA Atlas 14 rainfall data, soils group, and project site surface type and acreage). Infiltration rates will also be estimated using data from a similar City project under construction – the Madison Street and Storm Drain Improvements project, which is a $22 million project that includes construction of similar drainage systems. Target levels will be adjusted accordingly once the site’s infiltration rate is available.

Ultimately, the measure of success for the proposed project will be the elimination of flooding at the Jackson Street/Avenue 50 intersection. By preventing future flooding, traffic will be able to cross the intersection more efficiently, and a subsequent phase can follow, which will be the installation of traffic signals for overall improvements to traffic flow at the project site.

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10. Project Sustainability

The proposed project supports sustained, long-term flood reduction and water quality improvements through the capture and treatment of stormwater. The City recognizes that this project provides an important opportunity to create sustainable improvements that will take localized flooding waters, treat it, and allow water to replenish the groundwater, ultimately replenishing the City’s water supplies.

The project will improve water resource management that includes flood risk and sustainable floodplain management. Flood risk management will encompass the City’s comprehensive approach to analyzing and assessing the best methods to reduce the risk of flooding through an Initial Study (already completed) that will inform project design and implementation.

Sustainable floodplain management will be aimed at helping to replenish the City’s groundwater storage supply by increasing the retentiveness of water. The surrounding ecosysems will be positivey impacted by the construction and installation of the drainage system. This is accomplished by effeciently conveying and removing surface waters, treating it, and allowing water to flow to receiving waters for groundwater storage and recharge.

The project will also contribute to the long-term attainment and maintenance of a quality water supply by returning approximately 134,000 CF of water to the City’s groundwater resources, which provides drinking water to the City of Indio.

The proposed project will result in a sustainable drainage method to address flooding at the project site that will include long-term environmental benefits in the quantity of runoff that will be captured, treated, recharged.

Maintenance. The maintenance for the project site will be the responsibility of the shared jurisdictions: City of Indio and the County of Riverside. Each agency will be responsible for ongoing street maintenance over their jurisdictional area. Maintenance will include annual inspections and monitoring; cleaning twice a year for the removal of any sedimentation, and debris and trash; and administering repairs to the drainage system, as needed.

This City of Indio has a proven track record for the long-term operation and maintenance of its facilities and is committed to long-term maintenance and management of the proposed new infrastructure.

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11. Project Support

The City of Indio, Coachella Valley Association of Government (CVAG), and the County of Riverside have committed to work together to implement flood management practices that will prevent future flooding and reduce the impact of urban runoff on the receiving waters. The proposed improvements will provide flood prevention, stormwater capture and treatment, and groundwater recharge.

The proposed project improves all four legs of the Jackson Street/Avenue 50 intersection and completes the high-ranking corridor project listed on the Transportation Project Prioritization Study (TPPS). The TPPS was developed by CVAG to identify and determine the prioritized need for regional transportation improvement projects. The study incorporated areas of the Coachella Valley, tribal lands, as well as some unincorporated areas of Riverside County encompassing nearly 300 miles of roadways including 242 study segments, 13 intersections, 5 existing interchanges, 8 new interchanges, and 45 bridges. Cities studied in the TPPS included:

Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage. The TPPS created a summary of needs and priorities for the regional transportation network. The proposed project is ranked #1 on the list, making it a priority for the Coachella Valley region.

The City of Indio will be the lead agency to execute the project. CVAG has committed to providing up to 75% of the funding for the entire project cost estimated at $14 million that includes planning and design, CEQA, right-of-way acquistions, construction of drainage facilities, and traffic signalization. The remaining funds will be the responsibility of the City of Indio and the County of Riverside. For this stand-alone project, funding is the responsibility of the City of Indio and Riverside County. Grant funding from the Conservancy will limit the necesitity to leverage General Funds to meet this financial commitment.

Opposition. No opposition is expected from the general public. The City has received overwhelming support from residents and business owners who have voiced concerns for the flooding conditions that routinely occur at the project site.

Local business owners and residents who may be affected during the construction phase of the project will be notified in advance of the start of the project. The City will develop a project schedule that minimizes potential traffic delays or any interruption to local business operations.

See attached Letters of Support.

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Letters of Support

Letters of Support include:

• Coachella Valley Association of Governments (CVAG)
• County of Riverside, Transportation Department
• City of Coachella
• Indio Police Department
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COUNTY OF RIVERSIDE

TRANSPORTATION AND
Mark Lancaster
Director of Transportation

LAND MANAGEMENT AGENCY
Transportation Department
Mojahed Salama, P.E.

Deputy for Transportation/Capital
Projects
Russell Williams
Deputy for Transportation/Planning and
Development
September 13, 2022
Jim Karpiak
Executive Director
Coachella Valley Mountains Conservancy
73-710 Fred Waring Drive, Suite 112
Palm Desert, CA 92260
RE: City of Indio - Jackson Street and Avenue 50 Improvements Dear Mr. Karpiak:

The County of Riverside Transportation Department supports the City of lndio's application to the Coachella Valley Mountains Conservancy Proposition 1 grant program to address flooding at the Jackson Street and Avenue 50 intersection. Currently, this intersection
has limited capacity and is prone to flooding, even under minor rain events.

The project will drastically improve current street conditions and help to reduce traffic congestion by mitigating flood hazards that routinely occur at the intersection.

The southeast leg of the intersection along Jackson Street is outside of the City of lndio's boundaries and is maintained by the County of Riverside Transportation Department. We

agree to
contribute to the proposed project and support the City of Indio as the lead applicant. We hope the CVMC approves the City of lndio's application and funds this much needed project.

Si"°j;�
Mark Lancaster
Director
4080 Lemon Street, 8th Floor· Riverside, CA 92501 · (951) 955-6740 P.O. Box I 090 · Riverside, CA 92502-1090 · FAX (951) 955-3198 55 55
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City Council
October 5, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No. 10330 for Code Enforcement to serve as the enforcement agency for AB 1276 within the City of Indio

RECOMMENDATION:

Approve Resolution No. 10330 authorizing Code Enforcement to serve as the enforcement agency to enforce the requirements of AB 1276 within the City of Indio.

SUMMARY:

Assembly Bill 1276 (AB 1276), the Single-use Foodware Accessories and Standard Condiments Bill, was passed in October 2021 with the intent to reduce the number of single -use foodware items and condiments in the waste stream. AB 1276 went into effect January 1, 2022 and prohibits food facilities from providing any single -use foodware accessories or standard condiments to a consumer, unless specifically requested by the consumer. The bill requires that cities authorize an enforcement agency to enforce these requirements on or before June 1, 2022.

BACKGROUND INFORMATION:

AB1276, is the Single-use Foodware Accessories and Standard Condiments Bill, and was passed in October 2021 to reduce the number of single -use foodware accesories and standard condiments in the waste stream. The bill went into effect January 1, 2022 and prohibits food facilities from providing any single -use foodware accessories or standard condiment to a consumer, unless specifically requested by the consumer. Additionally, it prohibits th ose types of items from being bundled or packaged in a way that prohibits the consumer from only taking the desired item. There are provisions for drive-through and airport consumers and requirements on third -party food delivery platforms, as well as excl usions for correctional institutions, health care facilities, residential care facilities, and public and private school cafeterias.

AB 1276 requires that cities authorize an enforcement agency to enforce these requirements on or before June 1, 2022. AB 1276 specifies that the first and second violations result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day in violation, but not to exceed an annual total of $300. The City’s Code Enforcement Division would be the most effective to enforce AB 1276 requirements as they are already in the field, trained and authorized to provide enforcement.

Staff is working with CV Strategies to develop a webpage and plans to develop and distribute educational materials regarding AB 1276 for affected businesses, to ensure they are informed of this legislation.

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FINANCIAL SUMMARY:

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

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

N/A

ATTACHMENTS:

Attachment 1

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 28 Sep 2022 City Attorney, City Attorney Approved - 28 Sep 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 29 Sep 2022 Bryan H. Montgomery, City Manager Approved - 29 Sep 2022

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1 ATTACHMENT 1
RESOLUTION NO. 10330

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2 RESOLUTION NO. 10330

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

INDIO, CALIFORNIA, AUTHORIZING CODE

ENFORCEMENT TO SERVE AS THE ENFORCEMENT
AGENCY ENFORCING REQUIREMENTS OF AB 1276.

WHEREAS, Assembly Bill 1276, Single -use Foodware Accessories and Standard Condiments, passed October 5, 2021 and went into effect January 1, 2022; and
WHEREAS, the bill requires a city, county, or city and county, on or before June 1, 2022, to authorize an enforcement agency to enforce the requirements of AB 1276; and
WHEREAS, the bill specifies that the first and second violations result in a notice of violation, and any subsequent violation is an infraction punishable b y a fine of $25 for each day in violation, but not to exceed an annual total of $300;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO,

CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The Code Enforcement Division is des ignated as the enforcement agency to enforce the requirements of AB 1276 within the City of Indio, California;

PASSED, APPROVED and ADOPTED this 5th of October, 2022 by the following vote:

WAYMOND FERMON, MAYOR

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3 ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK

APPROVED AS TO FORM:

STEVEN GRAHAM

CITY ATTORNEY

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City Council
October 5, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan H. Montgomery, City Manager
Subject: Resolution No. 10332 approving the designation of August 26th as "Hunter Lopez Day" in the City of Indio honoring the ultimate sacrifice Corporal Lopez made on August 26th, 2021, in Kabul, Afghanistan, as a U.S. Marine Corporal, where he was killed in action in service of his country.

RECOMMENDATION:

Approve Resolution No. 10332 designating August 26th as "Hunter Lopez Day" in the City of Indio.

SUMMARY:

Hunter Lopez, a Corporal in the United States Marines and a native of Indio, California, was killed in action on August 26, 2021, in Kabul, Afghanistan. He was one of 13 to make the ultimate sacrifice in service of his country that day. Among many memorial services held in his name, a vigil to remember and pay tribute to Hunter Lopez was held on September 8, 2021, at City Hall in the City of Indio.

Another vigil was very recently held on August 26, 2022, at the La Quinta Civic Center Park to mark and honor the one-year anniversary of his passing. Each event has drawn overwhelming community support and attendance. Such support indicates that an official honorarium such as declaring August 26th “Hunter Lopez Day” in the City of Indio would be both an appropriate tribute to a local hero of the most profoundest kind, and an honorable method by which to acknowledge local service members by making a yearly presentation of a proclamation to a current or former member of the Armed Forces.

BACKGROUND INFORMATION:

Cpl. Lopez was and remains the son of Riverside County Sheriff’s Deputy Alicia Lopez and Sheriff’s Capt. Herman Lopez. In earlier age, Hunter was a Riverside County Sheriff’s Explorer Scout with the Palm Desert Station from September 2014 to August 2017, an d planned to follow in his parents’ footsteps. This honorarium also recognizes the ongoing loss to an entire community.

ATTACHMENTS:

Attachment 1 - Reso. No. 10332 Hunter Lopez Day

APPROVAL(S):

Bryan H. Montgomery, City Manager Approved - 27 Sep 2022

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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA DESIGNATING AUGUST 26th AS “HUNTER LOPEZ DAY” IN INDIO.

WHEREAS, the City of Indio owes a debt of gratitude to Corporal Hunter Lopez, and all the other men and women who gave their lives in service to this nation and to their families who remain forever changed; and
WHEREAS, those that lost their lives in the defense of freedom helped protect our citizens and lay the foundation of peace for people everywhere, as the City of Indio pays tribute to Corporal Lopez for his personal courage, love of his country and dedication to his duty; and
WHEREAS, today, and every day, we hold in our hearts Corporal Lopez, as well as all those who have answered the knock on the door, accepted the flag folded with precision, said their final farewell, and borne the absence of their fallen hero; and WHEREAS, the City of Indio, in memoriam, honors the life of our hometown hero, United States Marine Corporal Hunter Lopez, whose infectious smile and amazing personality left imprints on all the lives he touched throughout our city and beyond; and WHEREAS, we must pledge to never forget those men and women of the Armed Forces who made the ultimate sacrifice in defending our freedom and for those that continue to put their lives at risk; and
WHEREAS, the City Council desires to express a deep and abiding respect for Corporal Hunter Lopez and in his name provide a proclamation each year to a current or former member of the Armed Forces during the month of August.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF INDIO DOES HEREBY RESOLVE, DETERMINE and ORDER AS FOLLOWS:

Section 1. August 26 th shall be known as “Hunter Lopez Day” in Indio.

Section 2. During the month of August and in honor of Corporal Hunter Lopez, the City Council will present a proclamation to a current or former member of the Armed Forces.

PASSED, APPROVED AND ADOPTED this 5 th day of October, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

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WAYMOND FERMON, Mayor
ATTEST:
___________________________ _____
SABDI SANCHEZ, City Clerk Administrator

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City Council
October 5, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Second Reading of Re-Introduction of Ordinance No. 1779 Amending Chapter 159 (Zoning Regulations) of the Indio Municipal Code to allow Cannabis Storefront Retailer and Cannabis Non -Storefront Retailer Businesses in certain areas of the City and finding that Re-Introduced Ordinance No. 1779 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3)

RECOMMENDATION:

Adopt Re-Introduced Ordinance No. 1779 Amending Chapter 159 (Zoning Regulations) of the Indio Municipal Code to allow Cannabis Storef ront Retailer and Cannabis Non -Storefront Retailer Businesses in certain area of the City, introduce the re-introduced ordinance by title only and request the City Clerk to read the title.

SUMMARY:

Adopt Re-Introduced of Ordinance No. 1779 to meet state and city publication requirements.

BACKGROUND INFORMATION:

California Governmental Code Section 36993 specifies that within 15 days after its passage, the city clerk shall cause each ordinance to be published at least once, with the names of those city council members voting for and against the ordinance, in a newspaper of general circulation published and circulated in the city, or if there is none, he or she shall cause it to be posted in at leas t three public places in the city or published in a newspaper of general circulation printed and published in the county and circulated in the city.

Subsection 10.15 of the Indio Municipal Code specifies that all ordinances passed by the City Council requiring publication shall take effect from and after the due publication thereof, unless otherwise expressly provided.

The City Council previously adopted Ordinance No. 1779 with the first reading conducted on May 18, 2022 and the second reading on June 1, 2022. Recently, the City Clerk Administrator determined that the second reading of the ordinance was not published in accordance with state and city regulations.

Therefore, upon the advice of the City Attorney, Ordinance No. 1779 will be re -introduced for first reading on September 21, 2022 and will be re -introduced for second reading on October 5, 2022.

There are no changes to the text and substance of Ordinance No. 1779 with this requested re - introduction action.

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ATTACHMENTS:

Attachment1_ReIntroduced_Ordinance No. 1779 - Zoning Regulation (Cannabis) Attachment2_StaffReport_OrdinanceNo1779

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ORDINANCE NO. 1779

AN ORDINANCE OF THE CITY OF INDIO AMENDING CHAPTER 159
(ZONING REGULATIONS) OF THE INDIO MUNICIPAL CODE TO
ALLOW CANNABIS STOREFRONT RETAILER AND CANNABIS NON­

STOREFRONT RETAILER BUSINESSES IN COMMERCIAL LAND USE

DISTRICTS EXCEPT FOR THE NEIGHBORHOOD COMMERCIAL ZONE,

MIXED USE LAND USE DISTRICTS AND ON PROPERTIES

REGULATED BY A SPECIFIC PLAN OR PROJECT MASTER PLAN

THAT PERMIT COMMERCIAL LAND USES EXCLUDING ANY
PROPERTIES DESIGNATED AS NEIGHBORHOOD COMMERCIAL;

AMENDING THE SUBCHAPTER ENTITLED CANNABIS ACTIVITY
(159.565 ET. SEQ.); AND MAKING A DETERMINATION THAT THE

ORDINANCE IS EXEMPT FROM REVIEW UNDER CEQA PURSUANT
TO CEQA GUIDELINES SECTION 15061(8)(3)

THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1 . Findings. Pursuant to Indio Municipal Code Section 159.875, the City Council the City Council hereby determines and makes the following finding : the proposed change to the zoning code set forth in this Ordinanc e is consistent with the objectives of Title XV (Land Usage) of the Indio Municipal Code. In addition, the proposed zoning code amendment is consistent with the City of Indio 2040 General Plan Land Use Element Policy LU -2.2 (Balanced Land Uses), Economic D evelopment Policy ED -6.1 (New Retailers) and Economic Development Policy ED-6.2 (Retail Development).

Section 2. Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code is hereby amended by amending the title of the subchapter currently entitled "Cannabis Activity" and renaming said subchapter as "Commercial Cannabis."

Section 3. Section 159.565 of Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code is hereby amended in its entirety to read as follows:

"§ 159.565. Permitted Commercial Cannabis Uses.

A. Definitions. The technical terms and phrases used in Sections 159.565 and 159.566 are defined in Section 123.06 of Chapter 123 (Cannabis Business Activities) of Title XI (Business Regulations) of the Indio Municipal Code.

B. Uses Permitted. Cannabis Storefront Retailer and Cannabis Non- Storefront Retailer businesses are permitted land uses in the following land use districts subject to the location requirements set forth herein:

1. All commercial land use districts except on properties zoned Neighborhood Commercial.

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3. On properties regulated by a Specific Plan or Project Master Plan that permit commercial land uses except for properties zoned or designated as Neighborhood Commercial within the applicable Specific Plan or Project Master Plan.

All other commercial cannabis activities are expressly prohibited.

C. Location Requirement. A Cannabis Storefront Retailer and Cannabis Non - Storefront Retailer shall be no closer than six hundred (600) feet from any zoned parcel in the City designated as a sensitive use pursuant to Indio Municipal Code Section 123.32(8)(2) or 250 feet from any church located in a residential zone, that is in existence at the time the Cannabis Business Permit is issued. The distance shall be determined by the horizontal distance measured in a straight line from the closest property line of th e sensitive use to the closest property line of the lot on which the Cannabis Business is to be located, without regard to intervening structures.

D. Regulatory Permit Required . In order to operate in the areas set forth in paragraph B, a Cannabis Storefront Retailer and a Cannabis Non -Storefront Retailer must obtain and maintain at all times the following permits and licenses: a valid Cannabis Business Permit as required by Chapter 123 of the Indio Municipal Code; a valid business license from the City; and a valid State of California Seller's Permit."

Section 4. Section 159.566 of Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code is hereby amended in its entirety to read as follows:

"§ 159.566. Personal Indoor Cultivation.

A. Notwithstanding Section 159.565, engaging in the indoor cultivation of six or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is a fully enclos ed and secure structure, to the extent such cultivation is authorized by Cal. Health and Safety Code, §§ 11362.1 and 11362.2, as the same may be amended from time to time, is hereby permitted. The outdoor cultivation, however, of six or fewer live cannabis plants upon the grounds of a private residence is prohibited." B. For purposes of this Section 159.566, the following definitions shall apply:
"Cultivation" shall mean any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis.

"Fully enclosed and secure structure" shall mean a space within a building, greenhouse or other structure which has a complete solid roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.

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Second Reading of Re-Introduction of Ordinance No. 1779 Amending Chapter... Page 298 of 527 3 "Indoor" shall mean within a fully enclosed and secure structure.

"Outdoor" shall mean any location that is not within a fully enclosed and secure structure."

"Private residence" shall mean a house, an apartment unit, a condominium unit, a mobile home or other similar dwelling that is lawfully used as a residence."

Section 5. Section 159.567 and Section 159.568 are hereby repealed in their entirety.

Section 6. The City Council, through an exercise of its independent judgement, finds and determines that this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Adoption of this Ordinance is covered by the commonsense exemption in that CEQA applies only to projects which have the potential for causing a significant effect on the environment .

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Here, the Ordinance allows cannabis retailers as a permitted uses in commercial areas of the City including mixed use zones and in area regulated by a specific plan or project master plan that authorizes commercial land uses. These areas already allows for uses akin to cannabis retailers such as general retail outlets and drug stores and the like.

Accordingly, the City Council directs City staff to file a Notice of Exemption.

Section 7 . Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 8. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.

AGENDA ITEM #9.14
Second Reading of Re-Introduction of Ordinance No. 1779 Amending Chapter... Page 299 of 527 4 PASSED, APPROVED AND ADOPTED this 21st day of September, 2022.

WAYMOND FERMON
MAYOR

ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK

AGENDA ITEM #9.14
Second Reading of Re-Introduction of Ordinance No. 1779 Amending Chapter... Page 300 of 527 City of Indio
City Council
May 18, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: 159 Chapter Amending 1779 Ordinance of Introduction No. (Zoning Regulations) of the Indio Municipal Code to allow Cannabis Storefront Retailer and Cannabis Non-Storefront Retailer Businesses in certain areas of the City and finding that Ordinance No. 1779 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3)

RECOMMENDATION:

Waive full reading of Ordinance No. 1779 Amending Chapter 159 (Zoning Regulations) of the Indio Municipal and Non Cannabis Retailer Cannabis allow to Code Storefront -Retailer Storefront Businesses in certain area of the City, introduce the ordinance by title only and request the City Clerk to read the title.

SUMMARY:

Beginning in late 2020 and continuing to present, the City Council has conducted public discussions on the potential allowance of cannabis activities in the City inclusive of a joint study session with the Planning Commission on March 2, 2022. At the concl usion of its discussion on March 2, 2022, the City Council directed staff to prepare regulations related to the conduct of Cannabis Storefront Retailer and Cannabis Non-Storefront Retailer Businesses including zoning regulations; for its future review and consideration. The Planning Commission conducted a duly noticed public hearing on April 27, 2022 for the proposed zoning text amendment. There was no written or oral testimony submitted during the public hearing. Following the close of the public hearing, the Planning Commission deliberated and voted 4 -0 to recommend to the City Council the approval of the zoning text amendment. A notice of public hearing for the zoning text amendment before the City Council on May 18, 2022 was published in the Desert Sun, a newspaper of general circulation, on May 6, 2022 exceeding the minimum 10-day public notice period. This notice consisted of an 1/8 of a page display ad for conformity to California Government Code Section 65091.

BACKGROUND INFORMATION:

The Federal Government has issued guidelines for states and local governments that have enacted laws cannabis authorizing -effective and strong implement to related requiring conduct, them regulatory and enforcement systems that will address the threat that medical and adult-use cannabis activity could pose to public safety, public health, and other law enforcement interests.

On June 17, 2017, the Medical and Adult Use-Cannabis Regulation and Safety Act (MAUCRSA) was signed into law, which provides a comprehensive regu latory framework for licensing, control and taxation of medical and adult-use cannabis-related businesses in California.

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On December 16, 2017, the Indio City Council adopted Ordinance No. 1726 establishing Subsections 159.565 through 159.568 of the Indio Municipal Code prohibiting commercial cannabis activity in the City.

Beginning in late 2020 and continuing to present, the City Council had conducted public discussions on the potential allowance of cannabis activities in the City inclusive a joint stu dy session with the Planning Commission on March 2, 2022. At the conclusion of the March 2 meeting, the City Council directed staff to prepare regulations related to the conduct of Cannabis Storefront Retailer and Cannabis Non -Storefront Retailer Businesse s in the City. Non -Storefront Retailer businesses are those cannabis businesses that engage in "delivery" only and do not open up their business to the public.

Zoning is a planning control tool used to regulate the physical development of land. Zoning promotes desirable development patterns and protects the public peace, health, safety and general welfare by preventing incompatible uses. Accordingly, amendments to the City's zoning regulations are initially considered by the Planning Commission, which ma kes a recommendation to the City Council. The City Council, in turn, reviews the Commission's recommendation and makes a final decision on the formal adoption of the amendment.

The proposed ordinance permits a cannabis storefront retailer and a cannabis no n-storefront retailer business as a use that is permitted by right in certain land use areas of the City. Specifically, these uses will be permitted in all commercial land use districts except on properties that are zoned Neighborhood Commercial; in all m ixed-use land use districts; and on properties that are within a Specific Plan or Project Master Plan that permit commercial land uses with the exception of properties designated as Neighborhood Commercial. Any other type of commercial cannabis activity i s prohibited.

In addition to the areas where cannabis retailers will be permitted to operate, the proposed ordinance requires that the business obtain a regulatory or business permit from the City as well as a City business license and a State of Calif ornia seller's permit. The City will be adopting the regulatory ordinance separately from this zoning code amendment.

Under State law, personal indoor cultivation is permitted as a matter of right. The provisions in the proposed ordinance related to personal indoor cultivation is a carry -over from the City's current provisions on this topic.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) COMPLIANCE

The Community Development Director has determined the amendment to Chapter 159 (Zoning Regulations) of Title XV (Land Usage) is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Adoption of this Ordinance is covered by the common sense exemption in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity i n question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the Ordinance allows cannabis retailers as a permitted uses in commercial areas of the City including mixed use zones and in area regulated by a specific plan or project master plan that authorizes commercial land uses. These areas already allows for uses akin to cannabis retailers such as general retail outlets and drug stores and the like.

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GENERAL PLAN AND ZONING COMPLIANCE

Findings and Conclusions:

The following are the Findings and Conclusions pertaining to the zoning text amendment:

GENERAL PLAN:

The City Council adopted the General Plan 2040 on September 18, 2019. The following are General Plan policies relevant and applicable to the proposed zoning text amendment:

The proposed zoning text amendment is consistent with Policy LU-2.2 (Balanced land uses) that reads “Maintain a balanced land use pattern to support a broad range of housing choices, retail businesses, employment opp ortunities, educational and cultural institutions, entertainment spaces, and other supportive uses and within long -established Indio neighborhoods and new growth areas.” The proposed zoning text amendment will expand the City’s retail base by permitting retail land uses that are not currently allowed to operate within the City limits. Further, the allowance of these businesses will create additional employment opportunities in a retail sector that is not currently operating in the City.

The proposed zoni ng text amendment is consistent with Policy ED -6.1 (New retailers) that reads:
“Where appropriate, support the entry of new retail uses into the City, including uses that will attract spending from visitors and residents of neighboring communities in the C oachella Valley.” The proposed zoning text amendment will expand the City’s retail base by permitting retail land uses that are not currently allowed to operate within the City limits. Cannabis storefront retail activities will attract visitors and residen ts from surrounding communities to purchase cannabis within the City that will result in expanded business activities in the City and increased sales tax revenue directly to the City to support the City’s role as a full-service community.

The proposed z oning text amendment is consistent with Policy ED -6.2 (Retail development) that reads: “Support retail development that meets the community needs of Indio’s residents in appropriate locations in order to prevent the leakage of local expenditures to neighbo ring communities”. The proposed zoning text amendment will authorize new retail uses in the City that are not currently allowed based on the adoption of Ordinance No. 1726 in 2017. Subsequent to this adoption, surrounding communities such as Cathedral City , Coachella, Palm Desert and Palm Springs have adopted regulations that authorize cannabis storefront activities. This has caused leakage in local expenditures as residents and visitors to the City of Indio are spending money in these communities rather than in the City.

ATTACHMENTS:

AttachmentA_OrdinanceNo1779_CannabisZoningTextAmendment

APPROVAL(S):

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Kevin H. Snyder, Dir. Of Community Development Approved - 06 May 2022 Roxanne Diaz, City Attorney Approved - 11 May 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 12 May 2022 Bryan H. Montgomery, City Manager Approved - 12 May 2022

AGENDA ITEM #9.14
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ORDINANCE NO. 1779
AN ORDINANCE OF THE CITY OF INDIO AMENDING CHAPTER 159
(ZONING REGULATIONS) OF THE INDIO MUNICIPAL CODE TO ALLOW

CANNABIS STOREFRONT RETAILER AND CANNABIS NON-

STOREFRONT RETAILER BUSINESSES IN COMMERCIAL LAND USE

DISTRICTS EXCEPT FOR THE NEIGHBORHOOD COMMERCIAL ZONE,

MIXED USE LAND USE DISTRICTS AND ON PROPERTIES REGULATED

BY A SPECIFIC PLAN OR PROJECT MASTER PLAN THAT PERMIT

COMMERCIAL LAND USES EXCLUDING ANY PROPERTIES
DESIGNATED AS NEIGHBORHOOD COMMERCIAL; AMENDING THE
SUBCHAPTER ENTITLED CANNABIS ACTIVITY (159.565 ET. SEQ.);

AND MAKING A DETERMINATION THAT THE ORDINANCE IS EXEMPT

FROM REVIEW UNDER CEQA PURSUANT TO CEQA GUIDELINES
SECTION 15061(B)(3)

THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. Pursuant to Indio Municipal Code Section 159.875, the City Council the City Council hereby determines and makes the following finding: the proposed change to the zoning code set forth in this Ordinance is consistent with the objectives of Title XV (Land Usage) of the Indio Municipal Code. In addition, the proposed zoning code amendment is consistent with the City of Indio 2040 General Plan Land Use Element Policy LU-2.2 (Balanced Land Uses), Economic Development Policy ED-6.1 (New Retailers) and Economic Development Policy ED-6.2 (Retail Development).

Section 2.Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code is hereby amended by amending the title of the subchapter currently entitled “Cannabis Activity” and renaming said subchapter as “Commercial Cannabis.”
Section 3.Section 159.565 of Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code is hereby amended in its entirety to read as follows:
Ҥ 159.565. Permitted Commercial Cannabis Uses.

A. Definitions. The technical terms and phrases used in Sections 159.565 and 159.566 are defined in Section 123.06 of Chapter 123 (Cannabis Business Activities) of Title XI (Business Regulations) of the Indio Municipal Code.

B. Uses Permitted. Cannabis Storefront Retailer and Cannabis Non- Storefront Retailer businesses are permitted land uses in the following land use districts subject to the location requirements set forth herein:

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1. All commercial land use districts except on properties zoned Neighborhood Commercial.

2. All Mixed-Use land use districts.

3. On properties regulated by a Specific Plan or Project Master Plan that permit commercial land uses except for properties zoned or designated as Neighborhood Commercial within the applicable Specific Plan or Project Master Plan.

All other commercial cannabis activities are expressly prohibited.

C. Location Requirement. A Cannabis Storefront Retailer and Cannabis Non-Storefront Retailer shall be no closer than six hundred (600) feet from any zoned parcel in the City designated as a sensitive use pursuant to Indio Municipal Code Section 123.32(B)(2), that is in existence at the time the Cannabis Business Permit is issued. The distance shall be determined by the horizontal distance measured in a straight line from the closest property line of the sensitive use to the closest property line of the lot on which the Cannabis Business is to be located, without regard to intervening structures.

D. Regulatory Permit Required. In order to operate in the areas set forth in paragraph B, a Cannabis Storefront Retailer and a Cannabis Non-Storefront Retailer must obtain and maintain at all times the following permits and licenses: a valid Cannabis Business Permit as required by Chapter 123 of the Indio Municipal Code; a valid business license from the City; and a valid State of California Seller’s Permit.” Section 4.Section 159.566 of Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code is hereby amended in its entirety to read as follows:
Ҥ 159.566. Personal Indoor Cultivation.

A. Notwithstanding Section 159.565, engaging in the indoor cultivation of six or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is a fully enclosed and secure structure, to the extent such cultivation is authorized by Cal. Health and Safety Code, §§ 11362.1 and 11362.2, as the same may be amended from time to time, is hereby permitted. The outdoor cultivation, however, of six or fewer live cannabis plants upon the grounds of a private residence is prohibited.” B. For purposes of this Section 159.566, the following definitions shall apply:
“Cultivation” shall mean any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis.
“Fully enclosed and secure structure” shall mean a space within a building, greenhouse or other structure which has a complete solid roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against

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unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors. “Indoor” shall mean within a fully enclosed and secure structure. “Outdoor” shall mean any location that is not within a fully enclosed and secure structure.”
“Private residence” shall mean a house, an apartment unit, a condominium unit, a mobile home or other similar dwelling that is lawfully used as a residence.” Section 5.Section 159.567 and Section 159.568 are hereby repealed in their entirety.

Section 6.The City Council, through an exercise of its independent judgement, finds and determines that this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Adoption of this Ordinance is covered by the commonsense exemption in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the Ordinance allows cannabis retailers as a permitted uses in commercial areas of the City including mixed use zones and in area regulated by a specific plan or project master plan that authorizes commercial land uses. These areas already allows for uses akin to cannabis retailers such as general retail outlets and drug stores and the like. Accordingly, the City Council directs City staff to file a Notice of Exemption.

Section 7. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 8.The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.

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PASSED, APPROVED, and ADOPTED this 18th day of May 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________

WAYMOND FERMON, MAYOR
ATTEST:
__________________________

CYNTHIA HERNANDEZ

CITY CLERK
APPROVED AS TO FORM:
__________________________

ROXANNE DIAZ

CITY ATTORNEY

AGENDA ITEM #9.14
Second Reading of Re-Introduction of Ordinance No. 1779 Amending Chapter... Page 308 of 527 City of Indio
City Council
October 5, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Second Reading of Re -Introduction of Ordinance No. 1780 adding a new Chapter permit and regulate to Municipal Indio XI of Title to 123 the commercial cannabis activities in the City; and making a determination that the Re-Introduced Ordinance is not subjec t to the California Environmental Quality Act pursuant to CEQA Guidelines 15060(c)(3)

RECOMMENDATION:

Adopt Re-Introduced Ordinance No. 1780 adding a new Chapter 123 to Title XI of the Indio Municipal Code to regulate and permit commercial cannabis act ivities in the City, introduce the re -introduced ordinance by title only and request the City Clerk to read the title.

SUMMARY:

Adopt Re-Introduced Ordinance No. 1780 to meet state and city publication requirements.

BACKGROUND INFORMATION:

California Governmental Code Section 36993 specifies that within 15 days after its passage, the city clerk shall cause each ordinance to be pu blished at least once, with the names of those city council members voting for and against the ordinance, in a newspaper of general circulation published and circulated in the city, or if there is none, he or she shall cause it to be posted in at least thr ee public places in the city or published in a newspaper of general circulation printed and published in the county and circulated in the city.

Subsection 10.15 of the Indio Municipal Code specifies that all ordinances passed by the City Council requiring publication shall take effect from and after the due publication thereof, unless otherwise expressly provided.

The City Council previously adopted Ordinance No. 1780 with the first reading conducted on May 18, 2022 and the second reading on June 1, 2022. Recently, the City Clerk Administrator determined that the second reading of the ordinance was not published in accordance with state and city regulations.

Therefore, upon the advice of the City Attorney, Ordinance No. 1780 will be re -introduced for f irst reading on September 21, 2022 and will be re -introduced for second reading on October 5, 2022.

There are no changes to the text and substance of Ordinance No. 1780 with this requested re - introduction action.

ATTACHMENTS:

Attachment 1_ReIntroduced Ordinance No. 1780 - Regulatory Cannabis Ordinance AGENDA ITEM #9.15
Second Reading of Re-Introduction of Ordinance No. 1780 adding a new Cha... Page 309 of 527 Attachment 2_Staff Report 05-18-22_Ordinance No.1780

AGENDA ITEM #9.15
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AN ORDINANCE OF THE CITY OF INDIO ADDING A NEW CHAPTER
123 ENTITLED CANNABIS BUSINESS ACTIVITIES TO TITLE XI,

BUSINESS REGULATIONS, OF THE INDIO MUNICIPAL CODE TO

REGULATE COMMERCIAL CANNABIS USES IN THE CITY

THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 123 (Cannabis Activities) of Title XI (Business Regulations) of the Indio Municipal Code is hereby repealed in its entirety.

SECTION 2. A new Chapter 123 entitled "Cannabis Business Activities" is hereby added to Title XI (Business Regulations) of the Indio Municipal Code to read as follows:

"CHAPTER 123

CANNABIS BUSINESS ACTIVITIES

123.01
123.02
123.03
123.04

123.05
123.06
123.07

123.08
123.09
123.10

123.11
123.12
123.13

123.14
123.15
123.16
123.17
123.18
123.19
123.20
Title
Purpose and Intent Legal
Authority
Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter
Compliance with State and Local Laws and Regulations Definitions Cannabis Business Permit Required to Engage in Cannabis Business Activity
Cannabis Owners Criminal Background
Persons Prohibited from Holding a Permit
Maximum Number and Type of Authorized Cannabis
Businesses Permitted
Community Benefits
City's Reservation of Rights
Procedure Guidelines and Review Criteria to Evaluate Cannabis Business Permit Applications
Exercise of a Cannabis Business Permit
Abandonment of Permit
Reapplying for a Cannabis Business Permit
Term of a Cannabis Business Permit Renewal
of Cannabis Business Permits
Suspension, Revocation, or Modification of Permits Effect of State License Suspension

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123.22
123.23
123.24
123.25
123.26
123.27
123.28
123.29
123.30
123.31
123.32
123.33
123.34
123.35
123.36
123.37
123.38
123.39

123.40
123.41
123.42
123.43
123.44
123.45
123.46
123.47
123.48
123.49

123.01 Title.

Effect of State License Revocation or Termination
Appeals
Appeals and Contents of Appeal
Appointment of Hearing Officer or Body
Appeal Hearing Process and Proceedings
Change in location; Updated Application Form
Transfer of Cannabis Business Permit
City Business License
Building Permits and Inspection
Authorization from the Community Development Director
Right to Occupy and to Use Property
Location and Design of Cannabis Businesses
Limitations on City's Liability
Records and Recordkeeping
Security Measures
Fees and Charges
General Operating Requirements
Operating Requirements for Store Front Retail Facilities Operating Requirements for Non-Store Front Retail (Delivery­ Only) Facilities.

Store Front and Non-Store Front Retail Delivery Requirements.

Operating Requirements for Out-of-City Delivery Services Permissible Delivery Locations and Customers
Promulgation of Regulations, Standards and Other Legal Duties Community Relations
Fees Deemed Debt to the City
Permit Holder Responsible for Violations
Inspection and Enforcement
Violations Declared a Public Nuisance
No Vested Rights

This Chapter shall be known as the Cannabis Activities Ordinance of the City of Indio.

123.02 Purpose and Intent.

It is the purpose and intent of this Chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA") to accommodate the needs of medically-ill persons in need of cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to same. It is also the purpose and intent of this Chapter to provide access to adult -use cannabis for persons aged 21 and over as authorized by the MAUCRSA, while imposing sensible regulations on the use of land to protect the City's residents, neighborhoods, and businesses from disproportionately negative impacts. It is the purpose and intent of this Chapter to regulate the commercial sale and delivery of cannabis and cannabis products in a responsible

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123.03 Legal Authority.

This Chapter is adopted pursuant to the authority granted to the City by Section 7 of Article XI of the California Constitution, Title 4, Division 19 of the California Code of Regulations, and the provisions of the MAUCRSA.

123.04 Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter.

Except as specifically authorized by this Chapter, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery, distribution, or transportation, of cannabis or cannabis products is expressly prohibited in the City.

123.05 Compliance with State and Local Laws and Regulations.

It is the responsibility of the owners and/or operators of any Commercial Cannabis Business within the City limits to ensure that they operate in a manner compliant with this Chapter, all applicable state and local laws, and any regulations promulgated thereunder, including but not limited to the MAUCRSA.

123.06 Definitions.

(A) "Applicant" means a person or entity that submits an application for a Cannabis Business Permit under this Chapter.

(8) "Cannabis" shall have the same meaning as that appearing in Business and Professions Code Section 26001(e).

(C) "Cannabis Products" shall have the same meaning as that appearing in Business and Professions Code Section 26001(h).

(D) "City" shall mean the City of Indio, California.

(E) "City Manager" shall mean the City of Indio City Manager or his or her designee.

(F) "Commercial Cannabis Business" or "Cannabis Business" means any business or operation which engages in medicinal or adult -use commercial cannabis activity authorized by this Chapter.

(G) "Cannabis Business Permit" means a regulatory permit issued by the City pursuant to this Chapter, to a Commercial Cannabis Business and is required before any commercial cannabis activity may be conducted in the City. The initial permit and annual renewal of a permit is made expressly contingent upon the business'

AGENDA ITEM #9.15
Second Reading of Re-Introduction of Ordinance No. 1780 adding a new Cha... Page 313 of 527 4 ongoing compliance with all of the requirements of this Chapter and any regulations adopted by the City governing the commercial cannabis activity at issue.

(H) "Cannabis Business Permittee" or "Permittee" means a person or entity that has received a Cannabis Business Permit from the City as authorized under this Chapter

(I) Delivery shall have the same meaning as that appearing in Business and Professions Code Section 26001(o).

(J) "Dispensing" means any activity involving the retail sale of cannabis or cannabis products from a retailer.

(K) "Limited-access area" means an area in which cannabis is stored or held and is only accessible to a permittee and authorized personnel.

(L) "Medicinal cannabis" or "Medicinal cannabis product" shall have the same meaning as that appearing in Business and Professions Code Section 26001(ai).

(M) "Non-Storefront retailer'' is a subset of "Retailer" and is a permitted retail business that is closed to the public and provides product to customers solely by means of a delivery service which the retailer owns and controls.

(N) "Owner" means any of the following:

(1) A person with an aggregate ownership interest of 10 percent or more in the Commercial Cannabis Business, unless the interest is solely a security, lien or encumbrance.

(2) An individual who manages, directs, or controls the operations of the Commercial Cannabis Business, including but not limited to:

(a) A member of the board of directors of a nonprofit.
(b) A general partner of a Commercial Cannabis Business that is organized as a partnership.
(c) A non-member manager or manager of a Commercial Cannabis Business that is organized as a limited liability company.
(d) The trustee(s) and all persons who have control of the trust and/or the Commercial Cannabis Business that is held in trust.
(e) An individual with the authority to provide strategic direction and oversight for the overall operations of the Commercial Cannabis Business, such as the chief executive officer, president or their equivalent, or an officer, director, vice president, general manager or their equivalent. (f) An individual with the authority to execute contracts on behalf of the