Indio City Council
October 19, 2022

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 117 of 304

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 118 of 304

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 119 of 304

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 120 of 304

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 121 of 304

(J) Chapter 17, Section 1704.6 is amended to read as follows:

1704.6 Structural observations. Where required by the provisions of Section 1704.6.1, 1704.6.2 or 1704.6.3, the owner or the owner’s authorized agent shall employ a registered design professional structural observer to perform structural observations. Structural observation does not include or waive the responsibility for the inspections in Section 110 or the special inspections in Section 1705 or other sections of this code. The structural observer shall be one of the following individuals:

1.The registered design professional responsible for the structural design, or

2.A registered design professional designated by the registered design professional responsible for the structural design.

Prior to the commencement of observations, the structural observer shall submit to the building official a written statement identifying the frequency and extent of structural observations.

The owner or owner’s authorized agent shall coordinate and call a preconstruction meeting between the structural observer, contractors, affected subcontractors and special inspectors. The structural observer shall preside over the meeting. The purpose of the meeting shall be to identify the major structural elements and connections that affect the vertical and lateral load resisting systems of the structure and to review scheduling of the required observations. A record of the meeting shall be included in the report submitted to the building official.

Observed deficiencies shall be reported in writing to the owner or owner’s authorized agent, special inspector, contractor and the building official. Upon the form prescribed by the building official, the structural observer shall submit to the building official a written statement at each significant construction stage stating that the site visits have been made and identifying any reported deficiencies which, to the best of the structural observer’s knowledge, have not been resolved. A final report by the structural observer which states that all observed deficiencies have

(K) Chapter 17, Section 1704.6.2 is hereby amended to read as follows:

1704.6.2 Structural observations for seismic resistance. Structural observations shall be provided for those structures assigned to Seismic Design Category D, E or F where one or more of the following conditions exist:

1.The structure is classified as Risk Category III or IV.

2.The structure is classified as Risk Category I or II, and a lateral design is required for the structure or portion thereof.

Exception: One-story wood framed Group R-3 and Group U Occupancies less than 2,000 square feet in area, provided the adjacent grade is not steeper than 1 unit vertical in 10 units horizontal (10% sloped), assigned to Seismic Design Category D.

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 122 of 304 (L) Chapter 17, Section 1705.3 is hereby amended to read as follows:

1705.3 Concrete construction. The special inspections and tests for concrete construction shall be performed in accordance with this section and Table 1705.3.

Exceptions: Special inspections and tests shall not be required for:

1.Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock where the structural design of the footing is based on a specified compressive strength, f’c, not more than 2,500 pounds per square inch (psi) (17.2 Mpa) regardless of the compressive strength specified in the construction documents or used in the footing construction.

2.Continuous concrete footings supporting walls of buildings three stories or less above grade plane that are fully supported on earth or rock where:

2.1.The footings support walls of light-frame construction;

2.2.The footings are designed in accordance with Table 1809.7; or

2.3.The structural design of the footing is based on a specified compressive strength, f’c, not more than 2,500 pounds per square inch (psi) (17.2 Mpa), regardless of the compressive strength specified in the construction documents or used in the footing construction.

3.Nonstructural concrete slabs supported directly on the ground, including prestressed slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.03 Mpa).

4.Concrete patios, driveways and sidewalks, on grade.

(M) Chapter 18, Section 1807.1.4 is hereby amended to read as follows:

1807.1.4 Permanent wood foundation systems. Permanent wood foundation systems shall be designed and installed in accordance with AWC PWF. Lumber and plywood shall be treated in accordance with AWPA U1 (Commodity Specification A, Special Requirement 4.2) and shall be identified in accordance with Section 2303.1.9.1. Permanent wood foundation systems shall not be used for structures assigned to Seismic Design Category D, E or F.

(N) Chapter 18, Section 1809.7 and Table 1809.7 are amended to read as follows:

1809.7 Prescriptive footings for light-frame construction. Where a specific design is not provided, concrete or masonry-unit footings supporting walls of light-frame construction shall be permitted to be designed in accordance with Table 1809.7. Light-frame construction using prescriptive footings in Table 1809.7 shall not exceed one story above grade plane for structures assigned to Seismic Design Category D, E or F.

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 123 of 304

(O) Chapter 18, Section 1809.7 and Table 1809.7 are amended to read as follows:

1809.7 Prescriptive footings for light -frame construction. Where a specific design is not provided, concrete or masonry-unit footings supporting walls of light-frame construction shall be permitted to be designed in accordance with Table 1809.7. Light -frame construction using prescriptive footings in Table 1809.7 shall not exceed one story above grade plane for structures assigned to Seismic Design Category D, E or F.

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 124 of 304

(P) Chapter 18, Section 1809.12 is amended to read as follow:

1809.12 Timber footings. Timber footings shall be permitted for buildings of Type V construction and as otherwise approved by the Building Official. Such footings shall be treated in accordance with AWPA U1 (Commodity Spe cification A, Use Category 4B). Treated timbers are not required where placed entirely below permanent water level, or where used as capping for wood piles that project above the water level over submerged or marsh lands. The compressive stresses perpendic ular to grain in untreated timber footings supported on treated piles shall not exceed 70 percent of the allowable stresses for the species and grade of timber as specified in the ANSI/AWC NDS. Timber footings shall not be used in structures assigned to Seismic Design Category D, E or F.

(Q) Chapter 18, Section 1810.3.2.4 is amended to read as follows:

1810.3.2.4 Timber. Timber deep foundation elements shall be designed as piles or poles in accordance with ANSI/AWC NDS. Round timber elements shall conform to ASTM D 25. Sawn timber elements shall conform to DOC PS -20. Timber deep foundation elements shall not be used in structures assigned to Seismic Design Category D, E or F.

AMENDMENTS AND ADDITIONS TO RESIDENTIAL CODE

(A) Chapter 3, Section R301.1.3.2 is amended to read as follows:

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 125 of 304 R301.1.3.2 Woodframe structures greater than two -stories. The bui lding official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodframe construction more than two stories and basement in height located in Seismic Design Category A, B or C. Notwithstanding other sections of law; the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1.

The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodframe construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2.

(B) Chapter 4, Section R401.1 is amended to read as follows:

R401.1 Application. T he provisions of this chapter shall control the design and construction of the foundation and foundation spaces for buildings. In addition to the provisions of this chapter, the design and construction of foundations in flood hazard areas as established by Table R301.2(1) shall meet the provisions of Section R322. Wood foundations shall be designed and installed in accordance with AWC PWF.

Exception: The provisions of this chapter shall be permitted to be used for wood foundations only in the following situations:

1.In buildings that have no more than two floors and a roof.

2.When interior basement and foundation walls are constructed at intervals not exceeding 50 feet (15 240 mm).

Wood foundations in Seismic Design Category D0, D1, or D2 shall not be permitted.

Exception: In non-occupied, single-story, detached storage sheds and similar uses other than carport or garage, provided the gross floor area does not exceed 200 square feet, the plate height does not exceed 12 feet in height above the grade pl ane at any point, and the maximum roof projection does not exceed 24 inches.

(C) Chapter 4, Section R404.2 is amended to read as follows:

R404.2 Wood foundation walls. Wood foundation walls shall be constructed in accordance with the provisions of Sections R404.2.1 through R404.2.6 and with the details shown in Figures R403.1(2) and R403.1(3). Wood foundation walls shall not be used for stru ctures located in Seismic Design Category D0, D1 or D2.

(D) Chapter 6, Lines 19, 20, 23 and 33 – 36 of Table R602.3(1) are amended to read as follows:

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 126 of 304

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 127 of 304

(E) Chapter 6, Table R602.3(2) shall have the following language added to the table footnotes to read as follows:

b. Staples shall have a minimum crown width of 7/16-inch on diameter except as noted. Use of staples in roof, floor, subfloor, and braced wall panels shall be prohibited in Seismic Design Category D0, D1, or D2.

(F) Chapter 8, Section R803.2.4 is amended to read as follows:

R803.2.4 Openings in horizontal diaphragms. Openings in horizontal diaphragms shall conform with Section R503.2.4.

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 128 of 304

The fol lowing represents a summary of the major changes provided with these proposed amendments:
•Changes the expiration date from 180 days to 1 year to all residential building permits. •Intermodal shipping containers, exception 5 clarifies that the use of shipping containers constructed or converted off -site that qualify as Factory -built Housing pursuant to HSC Section 19971 or Commercial Modular(s) pursuant to HSC Section 18001.8, must be approved by HCD. •In Mobile Home Parks (MHP) and Special Occupancy Parks (SOP), swimming pools are defined as permanent accessory structures which will need to adhere to health and safety standards similar to those for public pools outside of MHP’s and SOP’s.
•New regulations to clarify that calculations for EV spaces are to be rounded up to the nearest whole number and EV spaces to be counted as parking spaces only for the purposes of meeting parking space requirements at the local level.
•EV charging for new construction – Expanded EV charging requirements to installation o f EV charging receptacles and EV chargers (EVSE). Modified exception 1 to address situations in which there is no local utility power supply or when the local utility is unable to supply adequate power.

Repealed references to specific dollar amounts for exceptions due to variations in utility costs based upon location. New exception related to adverse impact to construction cost of a project, similar to the provisions for nonresidential EV charging.
•Energy Code mandatory requirements include the following ; a single fuel prescriptive heat pump baseline for either water heating or space heating and significant changes in requirements for indoor air quality (IAQ)
•New energy storage system (ESS) ready requirements, including interconnection equipment or a dedicated raceway, a minimum of four branch circuits, a minimum of 225 amps, and space for future installation of a system isolation equipment or transfer switch. •New electric ready requirements for space heating, cooking, and clothes dryers when gas equipment is installed.
•New roof deck insulation maximum area-weighted average U-factor requirement of U-0.184. •New dwellings units with a conditioned floor area of 500 square feet or less do not require a whole - house fan.
•Revises and updates photovoltaic (PV) language for clarity, including solar access roof area (SARA).

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

Additional Financial Details:

City Council Resolution No(s) 6683 and 9584 previously established the Building Division Fee Schedule for Plan Check and Permit Fees. No changes in fees are proposed at this time.

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 129 of 304 .

ALTERNATIVES:

ATTACHMENTS:

Attachment 1- Ordinance No. 1784

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 130 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

ORDINANCE NO 1784

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO
CALIFORNIA ADOPTING BY REFERENCE THE 2022 EDITIONS OF THE

CALIFORNIA ADMINISTRATIVE, HISTORICAL BUILDING, EXISTING

BUILDING, ENERGY, MECHANICAL, PLUMBING, ELECTRICAL,

INTERNATIONAL PROPERTY MAINTENANCE, RESIDENTIAL AND GREEN

BUILDING STANDARDS CODES TOGETHER WITH CERTAIN APPENDICES AND AMENDMENTS THEREFORE, AND AMENDING CHAPTER 151 OF THE

INDIO MUNICIPAL CODE
WHEREAS, Health and Safety Code Section 17958 provides that the City of Indio shall adopt ordinances and regulations imposing the same or modified or changed requirements as are contained in the regulations adopted by the State pursuant to Health and Safety Code Section 17922; and
WHEREAS, the State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the most recent edition of the California Administrative Code, the California Building Code, the California Existing Building Code, the California Plumbing Code, the California Mechanical Code, the California Electrical Code, the International Property Maintenance Code, the California Residential Code and the California Green Building Standards Code (herein after referred to collectively as the “Building Codes”), and
WHEREAS, the City Council considered the findings and facts related to the adoption of the 2022 California Building Codes at its October 5, 2022 regular meeting.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS:

Section 1. The City Council hereby specifically finds that all of the facts set forth in the recital of this Ordinance are true and correct, are incorporated into this Ordinance by reference and constitute a material part of this Ordinance Section 2. Sections 151.001, 151.005, 151.006, 151.010, 151.011, 151.014, 151.015, 151.017, 151.020, 151.025, 151.030, 151.040, 151.041, 151.050, 151.055 of Chapter 151 (Buildings) of Title XV (Land Usage) of the Indio Municipal Code are hereby repealed; provided, however, that such repeal shall not affect or excuse any violation of any said Chapter or codes occurring prior to the effective date of the ordinance adopting this provision.

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 131 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

Section 3. A new Section 151.001, 151.005, 151.006. 151.010, 151.011, 151.014, 151.015. 151.017, 151.020, 151.025, 151.030, 151.040, 151.041, 151.050, and 151.055 are hereby added to Chapter 151 (Buildings) of Title XV (Land Usage) of the Indio Municipal Code to read as follows:
“CHAPTER 151: BUILDINGS
General Provisions
151.001 Appeals
California Administrative Code
151.005 Adoption of California Administrative Code
151.006 Conflicting Provisions
California Building Code
151.010 Adoption of California Building Code
151.011 Amendments and additions to Building Code
California Historical Building Code
151.014 Adoption of California Historical Building Code California Existing Building Code
151.015 Adoption of California Existing Building Code
California Energy Code
151.017 Adoption of California Energy Code
California Mechanical Code
151.020 Adoption of California Mechanical Code
California Plumbing Code
151.025 Adoption of California Plumbing Code
California Electrical Code
151.030 Adoption of California Electrical Code

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 132 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

California Residential Code
151.040 Adoption of California Residential Code
151.041 Amendments and additions to Residential Code
California Green Building Standards Code
151.050 Adoption of California Green Building Standards Code International Property Maintenance Code
151.055 Adoption of the International Property Maintenance Code

GENERAL PROVISIONS
§ 151.001 APPEALS.

Appeals under this chapter, including appeals as to any decision, order or determination of an official arising from or relating to the most recent version of the California Building Codes or any other Codes adopted by this chapter, may be appealed to the Indio Consolidated Appeals Board in the manner specified with respect to appeals under Chapter 95B of this code. One purpose of this appellate provision is to allow due process of law to persons affected by administrative orders related to the use, maintenance, or change of occupancy of buildings and structures, including but not limited to requirements governing alteration, additions, repair, demolition, moving, or vacation.

CALIFORNIA ADMINISTRATIVE CODE
151.005 ADOPTION OF CALIFORNIA ADMINISTRATIVE CODE
The 2022 California Administrative Code (CAC) as published by the International Code Council, is hereby adopted by reference and shall become the administrative code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structures in the City. The 2022 California Administrative Code is on file for public examination in the office of the Building Official.
151.006 CONFLICTING PROVISIONS
In the event of a conflict between any provisions contained in the Administrative Code and the administrative provisions of the Code of Indio, the more specific provision shall be given effect, unless another applicable provision is determined by the Building Official to more fully provide for the public health and safety and/or that it will more fully promote the intent of the Code of Indio.

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 133 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

CALIFORNIA BUILDING CODE
151.010 ADOPTION OF CALIFORNIA BUILDING CODE
Except as provided in this chapter, the 2022 California Building Code (CBC), incorporating the 2021 International Building Code, as published by the International Code Council, and as amended herein, is hereby adopted by reference and shall become the building code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2022 California Building Code is on file for public examination in the office of the Building Official 151.11 AMENDMENTS AND ADDITIONS TO BUILDING CODE
(A) Chapter 1, Section 101.2 Scope, is amended as follows:
101.2. Delete the paragraph entitled “Exception” in its entirety (B) Chapter 1, Section 101.4.4, is amended to read as follows:
101.4.4 Property maintenance. The provision of all of the adopted codes, laws and pertinent regulations shall apply to existing structures and premises. (C) Chapter 1, Section 105.2 is amended by deleting Items (2) and (4) in their entirety and amending Item (1) under the heading “Building” to read as follows:

1. Non-permanent, one story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet, may be excluded provided the proposed work meets City of Indio Zoning regulations.
(D) Chapter 1, Section 107.3.1 is amended to read as follows:
107.3.1 Approval of construction documents. When the Building Official issues a permit, the construction documents shall be approved in writing, or by stamp, as “Approved”. One set of construction documents so reviewed shall be retained by the Building Official. The other set shall be returned to the applicant and shall be kept at the site of work, and shall be open to inspections by the Building Official or duly authorized representatives.
(E) Chapter 1, Section 108.1 is amended to read as follows:

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 134 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

108.1 General. The Building Official is authorized to issue a permit for temporary structures or temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days or as determined by the Building Official. The Building Official is authorized to grant extensions for demonstrated cause.
(F) Chapter 1 Section 109.4 and Section 109.5 are amended to read as follows:
109.4 Work commencing before permit issuance. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.
109.5 Related fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee set forth in Section 109.2. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
(G) Chapter 1, Section 111.3 is amended to read as follows:

The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided such portion of portions shall be occupied safely. The Building Official shall set a time period during which the temporary certificate of occupancy is valid. In addition, any temporary certificates of occupancy shall comply with the following:

1. Following the submission of a complete and accurate application for a certificate of occupancy but prior to the issuance of a certificate of occupancy, the Building Official may issue a temporary certificate of occupancy permit for commercial structures and tenant improvements only if:
a. The Building Official determines the real property in question is in substantial compliance with the requirements of this chapter and all other real property related provisions of the 2022 California Building Codes, as amended; and
b. The applicant submits a temporary occupancy permit application form and pays the required fee as approved by the City Council.
c. The applicant provides a written timeline for completion for City review and approval for completion of any outstanding City building, fire, planning, engineering or business license conditions and requirements or to complete the correction of outstanding identified violations and deficiencies identified by the Building Official, Fire Marshal, Community Development Director or Code Enforcement Official; and

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 135 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

d. The outstanding conditions, requirements, violations or deficiencies are not life safety issues that would prohibit the temporary occupancy of a building or structure; and
The applicant posts a compliance bond or other acceptable form of security, if determined necessary, in an amount specified and verified by the Building Official or City Engineer or Fire Marshal or some combination thereof necessary to ensure the timely completion of the outstanding conditions, requirements, violations or deficiencies

2. The Building Official’s issuance of a temporary certificate of occupancy permit may include conditions of approval that shall be complied with in order for the permit to remain valid.

3. An applicant's failure to address outstanding conditions, requirements, violations or deficiencies within the time period specified for the approval of the temporary certificate of occupancy or extensions thereof shall constitute a violation of this chapter and the immediate revocation of the authorization of the temporary certificate of occupancy.

4. No temporary certificate of occupancy shall set forth a time period for the completion of all corrections that is greater than thirty (30) calendar days, unless extended by the Building Official. The Building Official, at his or her discretion, may issue time extensions in thirty (30) calendar day increments.

Each extension shall only be granted by the Building Official if he or she makes written findings of the necessity for said extension.

5. Any and each extension of a temporary certificate of occupancy shall not be issued until the applicant pays the required fee as approved by the City Council.

6. A temporary certificate of occupancy shall automatically expire thirteen (30) calendar days from the date issuance, unless extended by the Building Official.

If an applicant occupies a space, structure and premises subject to a temporary certificate of occupancy permit authorization following revocation of said authorization, the Building Official shall immediately post the space, structure and premises with a Do Not Occupy order and require the immediate removal of all persons and implement and/or refer the matter for code enforcement action.

Chapter 2, Definitions, is hereby amended to read as follows:
[A] BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. The Building Official shall be the Chief Building Official of the City of Indio as appointed by the City Manager. In the absence of the appointed Chief Building Official, the Community Development Director, as appointed by the City Manager, shall serve as the Building Official.

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 136 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

(H) Chapter 16, Section 1613.5 and 1613.5.1 is hereby added to read as follows:
1613.5 Amendments to ASCE 7. The provisions of Section 1613.5 shall be permitted as an amendment to the relevant provisions of ASCE 7. 1613.5.1 Values for vertical combinations. Modify ASCE 7 Section 12.2.3.1 Exception 3 as follows:

3. Detached one- and two-family dwellings up to two stories in height of light frame construction.
(I) Section 3114 is hereby added to and Section 202, Section 3101.1 and Chapter 35 is amended to read as follows:

SECTION 202

DEFINITIONS
INTERMODAL SHIPPING CONTAINER. A six-sided steel unit originally constructed as a general cargo container used for the transport of goods and materials.

SECTION 3101

GENERAL
3101.1 Scope. The provisions of this chapter shall govern special building construction including membrane structures, temporary structures, pedestrian walkways and tunnels, automatic vehicular gates, awnings and canopies, marquees, signs, towers, antennas, relocatable buildings, swimming pool enclosures and safety devices, and solar energy systems, and intermodal shipping containers.

SECTION 3114

INTERMODAL SHIPPING CONTAINERS
3114.1 General. The provisions of Section 3114 and other applicable sections of this code shall apply to intermodal shipping containers that are repurposed for use as buildings or structures or as a part of buildings or structures.

Exceptions:

1. Stationary storage battery arrays located in intermodal shipping containers complying with Chapter 12 of the California Fire Code.

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 137 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

2. Intermodal shipping containers that are listed as equipment complying with the standard for equipment, such as air chillers, engine generators, modular datacenters, and other similar equipment.

3. Intermodal shipping containers housing or supporting experimental equipment are exempt from the requirements of Section 3114 provided they comply with all of the following:

3.1. Single-unit stand-alone intermodal shipping containers shall be supported at grade level and used only for occupancies as specified under Risk Category I in Table 1604.5;

3.2. Single-unit stand-alone intermodal shipping containers shall be located a minimum of 8 feet from adjacent structures and are not connected to a fuel gas system or fuel gas utility; and

3.3. In hurricane-prone regions and flood hazard areas, single-unit stand-alone intermodal shipping containers are designed in accordance with the applicable provisions of Chapter 16.

4. Intermodal shipping containers approved as temporary structures complying with Section 3103.

5. Single-unit stand-alone intermodal shipping containers used as temporary storage or construction trailer on active construction sites.

Construction support facilities for uses and activities not directly associated with the actual processes of construction, including but not limited to, offices, meeting rooms, plan rooms, other administrative or support functions shall not be exempt from Section 3114. 3114.2 Construction documents. The construction documents shall contain information to verify the dimensions and establish the physical properties of the steel components, and wood floor components, of the intermodal shipping container in addition to the information required by Sections 107 and 1603. 3114.3 Intermodal shipping container information. Intermodal shipping containers shall bear the manufacturer’s existing data plate containing the following information as required by ISO 6346 and verified by an approved agency.

A report of the verification process and findings shall be provided to the building owner.

1. Manufacturer’s name or identification number

2. Date manufactured

3. Safety approval number

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 138 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

4. Identification number

5. Maximum operating gross mass or weight (kg) (lbs)

6. Allowable stacking load for 1.8G (kg) (lbs)

7. Transverse racking test force (Newtons)

8. Valid maintenance examination date
Where approved by the building official, the markings and manufacturer’s existing data plate are permitted to be removed from the intermodal shipping containers before they are repurposed for use as buildings or structures or as part of buildings or structures.
3114.4 Protection against decay and termites. Wood structural floors of intermodal shipping containers shall be protected from decay and termites in accordance with the applicable provisions of Section 2304.12.1.1. 3114.5 Under-floor ventilation. The space between the bottom of the floor joists and the earth under any intermodal shipping container, except spaces occupied by basements and cellars, shall be provided with ventilation in accordance with Section 1202.4.
3114.6 Roof assemblies. Intermodal shipping container roof assemblies shall comply with the applicable requirements of Chapter 15.

Exception: Single-unit stand-alone intermodal shipping containers not attached to, or stacked vertically over, other intermodal shipping containers, buildings or structures.
3114.7 Joints and voids. Joints and voids that create concealed spaces between intermodal shipping containers, that are connected or stacked, at fire-resistance- rated walls, floor or floor/ceiling assemblies and roofs or roof/ceiling assemblies shall be protected by an approved fire-resistant joint system in accordance with Section 715.
3114.8 Structural. Intermodal shipping containers that conform to ISO 1496-1 and are repurposed for use as buildings or structures, or as a part of buildings or structures, shall be designed in accordance with Chapter 16 and this section. 3114.8.1 Foundations. Intermodal shipping containers repurposed for use as a permanent building or structure shall be supported on foundations or other supporting structures designed and constructed in accordance with Chapters 16 through 23.

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 139 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

3114.8.1.1 Anchorage. Intermodal shipping containers shall be anchored to foundations or other supporting structures as necessary to provide a continuous load path for all applicable design and environmental loads in accordance with Chapter 16.
3114.8.2 Welds. All new welds and connections shall be equal to or greater than the original connections.
3114.8.3 Openings in containers. Where openings are made in container walls, floors, and roofs for doors, windows and other similar openings:

1. The openings shall be framed with steel elements that are designed in accordance with Chapter 16 and Chapter 22.

2. The cross section and material grade of any new steel element shall be equal to or greater than the steel element removed.
3114.8.4 Detailed structural design procedure. A structural analysis meeting the requirements of this section shall be provided to the building official to demonstrate the structural adequacy of the intermodal shipping containers.

Exception: Intermodal shipping containers that meet the limitation of Section 3114.8.5.1 and designed in accordance with the simplified procedure in Section 3114.8.5.
3114.8.4.1 Material properties. Structural material properties for existing intermodal shipping container steel components shall be established by material testing where the steel grade and composition cannot be identified by the manufacturer’s designation as to manufacture and mill test. 3114.8.4.2 Seismic design parameters. The seismic force-resisting system shall be designed and detailed in accordance with one of the following:

1. Where all or portions of the intermodal shipping container sides are considered to be the seismic force-resisting system, design and detailing shall be in accordance with the ASCE 7 Table 12.2-1 requirements for light-frame bearing-wall systems with shear panels of all other materials,

2. Where portions of intermodal shipping container sides are retained, but are not considered to be the seismic force-resisting system, an independent seismic force-resisting system shall be selected, designed and detailed in accordance with ASCE 7 Table 12.2-1, or

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 140 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

3. Where portions of the intermodal shipping container sides are retained and integrated into a seismic force-resisting system other than as permitted by Section 3114.8.4.2 Item 1, seismic design parameters shall be developed from testing and analysis in accordance with Section 104.11 and ASCE 7 Section 12.2.1.1 or

12.2.1.2. 3114.8.4.3 Allowable shear value. The allowable shear values for the intermodal shipping container side walls and end walls shall be demonstrated by testing and analysis accordance with Section 104.11.

Where penetrations are made in the side walls or end walls designated as part of the lateral force-resisting system, the penetrations shall be substantiated by rational analysis.
3114.8.5 Simplified structural design procedure of single-unit containers.

Single-unit intermodal shipping containers conforming to the limitations of Section 3114.8.5.1 shall be permitted to be designed in accordance with Sections 3114.8.5.2 and 3114.8.5.3.
3114.8.5.1 Limitations. Use of Section 3114.8.5 is subject to all the following limitations:

1. The intermodal shipping container shall be a single stand-alone unit supported on a foundation and shall not be in contact with or supporting any other shipping container or other structure.

2. The intermodal shipping container’s top and bottom rails, corner castings, and columns or any portion thereof shall not be notched, cut, or removed in any manner.

3. The intermodal shipping container shall be erected in a level and horizontal position with the floor located at the bottom. 3114.8.5.2 Structural design. Where permitted by Section 3114.8.5.1, single-unit stand-alone intermodal shipping containers shall be designed using the following assumptions for the side walls and end walls:

1. The appropriate detailing requirements contained in Chapters 16 through 23.

2. Response modification coefficient, R = 2,

3. Over strength factor, Ω 0 = 2.5,

4. Deflection amplification factor, C d = 2, and

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 141 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

5. Limits on structural height, h n = 9.5 feet (2900 mm). 3114.8.5.3 Allowable shear value. The allowable shear values for the intermodal shipping container side walls (longitudinal) and end walls (transverse) for wind design and seismic design using the coefficients of Section 3114.8.5.2 shall be in accordance with Table 3114.8.5.3, provided that all of the following conditions are met:

1. The total linear length of all openings in any individual side walls or end walls shall be limited to not more than 50 percent of the length of that side walls or end walls, as shown in Figure 3114.8.5.3(1).

2. Any full height wall length, or portion thereof, less than 4 feet (305 mm) long shall not be considered as a portion of the lateral force- resisting system, as shown in Figure 3114.8.5.3(2).

3. All side walls or end walls used as part of the lateral force-resisting system shall have an existing or new boundary element on all sides to form a continuous load path, or paths, with adequate strength and stiffness to transfer all forces from the point of application to the final point of resistance, as shown in Figure 3114.8.5.3(3).

4. A maximum of one penetration not greater than a 6-inch (152 mm) diameter hole for conduits, pipes, tubes or vents, or not greater than16 square inches (10 322mm 2) for electrical boxes, is permitted for each individual 8 feet length (2438 mm) lateral force resisting wall.

Penetrations located in walls that are not part of the wall lateral force resisting system shall not be limited in size or quantity. Existing intermodal shipping container’s vents shall not be considered a penetration, as shown in Figure 3114.8.5.3(4).

5. End wall door or doors designated as part of the lateral force- resisting system shall be welded closed.

TABLE 3114.8.5.3

ALLOWABLE SHEAR VALUES FOR INTERMODAL SHIPPING CONTAINER

SIDE WALLS AND END WALLS FOR WIND OR SEISMIC LOADING

CONTAINER
DESIGNATION 2

CONTAINER

DIMENSION
(Nominal Length)

CONTAINER

DIMENSION
(Nominal Height)

ALLOWABLE SHEAR
VALUES
(PLF) 1,3
Side Wall End Wall
1EEE 9.5 feet (2896
mm)
1EE
45 feet (13.7 M)

8.6 feet (2591
75 843

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 142 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

mm)
1AAA 9.5 feet (2896
mm)
1AA 8.5 feet (2592
mm)
1A 8.0 feet (2438
mm)
1AX
40 feet (12.2 M)
<8.0 feet (2483
mm)
84 1BBB 9.5 feet (2896
mm)
1BB 8.5 feet (2591
mm)
1B 8.0 feet (2438
mm)
1BX
30 feet (9.1 M)
<8.0 feet (2438
mm)
112
1CC 8.5 feet (2591
mm)
1C 8.0 feet (2438
mm)
1CX
20 feet (9.1 M)
<8.0 feet (2438
mm)
168

1. The allowable strength for the side walls and end walls of the intermodal shipping containers are derived from ISO 1496-1 and reduced by a factor of safety of 5.

2. Container designation type is derived from ISO 668.

3. Limitations of Sections 3114.8.5.1 and 3114.8.5.3 shall apply.

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 143 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

FIGURE 3114.8.5.3(1)
Bracing Unit Distribution – Maximum Linear Length
FIGURE 3114.8.5.3(2)
Bracing Unit Distribution – Minimum Linear Length

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 144 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

FIGURE 3114.8.5.3(3)
Bracing Unit Distribution – Boundary Elements

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 145 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

FIGURE 3114.8.5.3(4)
Bracing Unit Distribution – Penetrating Limitations
CHAPTER 35

REFERENCED STANDARDS

ISO International Organization for
Standardization
ISO Central Secretariet
1 ch, de la Voie-Creuse, Casa Postale
566
CH-1211 Geneva 20, Switzerland

Standard
Reference
Number
Title Referenced
in code section
number
ISO 1496-1:2013 Series 1 Freight Containers – Specification and Testing – Part 1: General Cargo
Containers for General Purposes
3114.8, Table
3114.8.5.3
ISO 6346:1995,
with Amendment
3: 2012
Freight Containers – Coding, Identification
and marking
3114.3
ISO 668:2013 Series 1 Freight Containers –
Classifications, dimensions and ratings.

Table 3114.8.5.3

(J) Chapter 17, Section 1704.6 is amended to read as follows:
1704.6 Structural observations. Where required by the provisions of Section 1704.6.1, 1704.6.2 or 1704.6.3, the owner or the owner’s authorized agent shall employ a registered design professional structural observer to perform structural observations. Structural observation does not include or waive the responsibility for the inspections in Section 110 or the special inspections in Section 1705 or other sections of this code. The structural observer shall be one of the following individuals:

1. The registered design professional responsible for the structural design, or

2. A registered design professional designated by the registered design professional responsible for the structural design.

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 146 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

Prior to the commencement of observations, the structural observer shall submit to the building official a written statement identifying the frequency and extent of structural observations.

The owner or owner’s authorized agent shall coordinate and call a preconstruction meeting between the structural observer, contractors, affected subcontractors and special inspectors. The structural observer shall preside over the meeting. The purpose of the meeting shall be to identify the major structural elements and connections that affect the vertical and lateral load resisting systems of the structure and to review scheduling of the required observations. A record of the meeting shall be included in the report submitted to the building official.

Observed deficiencies shall be reported in writing to the owner or owner’s authorized agent, special inspector, contractor and the building official. Upon the form prescribed by the building official, the structural observer shall submit to the building official a written statement at each significant construction stage stating that the site visits have been made and identifying any reported deficiencies which, to the best of the structural observer’s knowledge, have not been resolved. A final report by the structural observer which states that all observed deficiencies have (K) Chapter 17, Section 1704.6.2 is hereby amended to read as follows:
1704.6.2 Structural observations for seismic resistance. Structural observations shall be provided for those structures assigned to Seismic Design Category D, E or F where one or more of the following conditions exist:

1. The structure is classified as Risk Category III or IV.

2. The structure a lateral design is required for the structure or portion thereof.

Exception: One-story wood framed Group R-3 and Group U Occupancies less than 2,000 square feet in area, provided the adjacent grade is not steeper than 1 unit

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 147 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

vertical in 10 units horizontal (10% sloped), assigned to Seismic Design Category D.
(L) Chapter 17, Section 1705.3 is hereby amended to read as follows:
1705.3 Concrete construction. The special inspections and tests for concrete construction shall be performed in accordance with this section and Table 1705.3.

Exceptions: Special inspections and tests shall not be required for:

1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock where the structural design of the footing is based on a specified compressive strength, f’c, not more than 2,500 pounds per square inch (psi) (17.2 Mpa) regardless of the compressive strength specified in the construction documents or used in the footing construction.

2. Continuous concrete footings supporting walls of buildings three stories or less above grade plane that are fully supported on earth or rock where:

2.1. The footings support walls of light-frame construction;

2.2. The footings are designed in accordance with Table 1809.7; or

2.3. The structural design of the footing is based on a specified compressive strength, f’c, not more than 2,500 pounds per square inch (psi) (17.2 Mpa), regardless of the compressive strength specified in the construction documents or used in the footing construction.

3. Nonstructural concrete slabs supported directly on the ground, including prestressed slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.03 Mpa).

4. Concrete patios, driveways and sidewalks, on grade.

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 148 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

(M) Chapter 18, Section 1807.1.4 is hereby amended to read as follows:
1807.1.4 Permanent wood foundation systems. Permanent wood foundation systems shall be designed and installed in accordance with AWC PWF. Lumber and plywood shall be treated in accordance with AWPA U1 (Commodity Specification A, Special Requirement 4.2) and shall be identified in accordance with Section 2303.1.9.1. Permanent wood foundation systems shall not be used for structures assigned to Seismic Design Category D, E or F. (N) Chapter 18, Section 1809.7 and Table 1809.7 are amended to read as follows:
1809.7 Prescriptive footings for light-frame construction. Where a specific design is not provided, concrete or masonry-unit footings supporting walls of light- frame construction shall be permitted to be designed in accordance with Table 1809.7. Light-frame construction using prescriptive footings in Table 1809.7 shall not exceed one story above grade plane for structures assigned to Seismic Design Category D, E or F.

TABLE 1809.7

PRESCRIPTIVE FOOTINGS SUPPORTING WALLS OF
LIGHT-FRAME CONSTRUCTION a, b, c, d, e

NUMBER OF FLOORS

SUPPORTED BY THE
FOOTING f

WIDTH OF

FOOTING
(inches)

THICKNESS OF
FOOTING (inches)
1 12 6
2 15 6
3 18 8 g
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm
a. Depth of footings shall be in accordance with Section 1809.4. b. The ground under the floor shall be permitted to be excavated to the elevation of the top of the footing.
c. See Section 1905 for additional requirements for concrete footings of structures assigned to Seismic Design Category C, D, E or F. d. For thickness of foundation walls, see Section 1807.1.6. e. Footings shall be permitted to support a roof addition to the stipulated number of floors. Footings supporting roof only shall be as required for supporting one floor.
(O) Chapter 18, Section 1809.7 and Table 1809.7 are amended to read as follows:

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 149 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

1809.7 Prescriptive footings for light-frame construction. Where a specific design is not provided, concrete or masonry-unit footings supporting walls of light- frame construction shall be permitted to be designed in accordance with Table 1809.7. Light-frame construction using prescriptive footings in Table 1809.7 shall not exceed one story above grade plane for structures assigned to Seismic Design Category D, E or F.

TABLE 1809.7

PRESCRIPTIVE FOOTINGS SUPPORTING WALLS OF
LIGHT-FRAME CONSTRUCTION a, b, c, d, e

NUMBER OF FLOORS

SUPPORTED BY THE
FOOTING f

WIDTH OF

FOOTING
(inches)

THICKNESS OF
FOOTING (inches)
1 12 6
2 15 6
3 18 8 g
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm
f. Depth of footings shall be in accordance with Section 1809.4. g. The ground under the floor shall be permitted to be excavated to the elevation of the top of the footing.
h. See Section 1905 for additional requirements for concrete footings of structures assigned to Seismic Design Category C, D, E or F. i. For thickness of foundation walls, see Section 1807.1.6. j. Footings shall be permitted to support a roof addition to the stipulated number of floors. Footings supporting roof only shall be as required for supporting one floor.
(P) Chapter 18, Section 1809.12 is amended to read as follow:
1809.12 Timber footings. Timber footings shall be permitted for buildings of Type V construction and as otherwise approved by the Building Official. Such footings shall be treated in accordance with AWPA U1 (Commodity Specification A, Use Category 4B). Treated timbers are not required where placed entirely below permanent water level, or where used as capping for wood piles that project above the water level over submerged or marsh lands. The compressive stresses perpendicular to grain in untreated timber footings supported on treated piles shall not exceed 70 percent of the allowable stresses for the species and grade of timber as specified in the ANSI/AWC NDS. Timber footings shall not be used in structures assigned to Seismic Design Category D, E or F. (Q) Chapter 18, Section 1810.3.2.4 is amended to read as follows:
1810.3.2.4 Timber. Timber deep foundation elements shall be designed as piles or poles in accordance with ANSI/AWC NDS. Round timber elements shall conform

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 150 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

to ASTM D 25. Sawn timber elements shall conform to DOC PS-20. Timber deep foundation elements shall not be used in structures assigned to Seismic Design Category D, E or F.

CALIFORNIA HISTORICAL BUILDING CODE
151.014 ADOPTION OF CALIFORNIA HISTORICAL BUILDING CODE The 2022 California Historical Building Code (CHBC) as published by the International Code Council is hereby adopted by reference and shall become the historical building code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2021 California Historical Building Code is on file for public examination in the office of the Building Official.

CALIFORNIA EXISTING BUILDING CODE
151.015 ADOPTION OF CALIFORNIA EXISTING BUILDING CODE
The 2022 California Existing Building Code (CEBC), incorporating the 2018 International Existing Building Code, as published by the International Code Council is hereby adopted by reference and shall become the existing building code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2021 California Existing Building Code is on file for public examination in the office of the Building Official.

CALIFORNIA ENERGY CODE
151.017 ADOPTION OF CALIFORNIA ENERGY CODE
The 2022 California Energy Code (CEC), as published by the International Code Council, is hereby adopted by reference and shall become the energy code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2021 California Energy Code is on file for public examination in the office of the Building Official.

CALIFORNIA MECHANICAL CODE
151.020 ADOPTION OF CALIFORNIA MECHANICAL CODE

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 151 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

The 2022 California Mechanical Code (CMC), incorporating the 2021 Uniform International Mechanical Code, as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference and shall become the mechanical code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2021 California Mechanical Code is on file for public examination in the office of the Building Official.

CALIFORNIA PLUMBING CODE
151.025 ADOPTION OF CALIFORNIA PLUMBING CODE
The 2022 California Plumbing Code (CPC), incorporating the 2021 International Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials is hereby adopted by reference and shall become the plumbing code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2021 California Plumbing Code is on file for public examination in the office of the Building Official.

CALIFORNIA ELECTRICAL CODE
151.030 ADOPTION OF CALIFORNIA ELECTRICAL CODE
The 2022 California Electrical Code (CEC), incorporating the 2020 National Electrical Code including all Appendix Chapters published by the National Fire Protection Association, as modified by the State of California, is hereby adopted by reference and shall become the electrical code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2020 California Building Codes is on file for public examination in the office of the Building Official.

CALIFORNIA RESIDENTIAL CODE
151.040 ADOPTION OF CALIFORNIA RESIDENTIAL CODE
Except as provided in this chapter, the 2022 California Residential Code (CRC), incorporating the 2021 International Residential Code, as published by the International Code Council, and as amended herein, is hereby adopted by reference shall become the residential building code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 152 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

maintenance of all buildings and/or structure in the City. The 2021 California Residential Code is on file for public examination in the office of the Building Official.
151.041 AMENDMENTS AND ADDITIONS TO RESIDENTIAL CODE
(A) Chapter 3, Section R301.1.3.2 is amended to read as follows:

R301.1.3.2 Woodframe structures greater than two-stories. The building official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodframe construction more than two stories and basement in height located in Seismic Design Category A, B or C. Notwithstanding other sections of law; the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1.

The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodframe construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2.
(B) Chapter 4, Section R401.1 is amended to read as follows:

R401.1 Application. The provisions of this chapter shall control the design and construction of the foundation and foundation spaces for buildings. In addition to the provisions of this chapter, the design and construction of foundations in flood hazard areas as established by Table R301.2(1) shall meet the provisions of Section R322. Wood foundations shall be designed and installed in accordance with AWC PWF.

Exception: The provisions of this chapter shall be permitted to be used for wood foundations only in the following situations:

1. In buildings that have no more than two floors and a roof.

2. When interior basement and foundation walls are constructed at intervals not exceeding 50 feet (15 240 mm).

Wood foundations in Seismic Design Category D 0, D1, or D 2 shall be designed in accordance with accepted engineering practice not be permitted.

Exception: In non-occupied, single-story, detached storage sheds and similar uses other than carport or garage, provided the gross floor area does not exceed 200 square feet, the plate height does not exceed 12 feet in height above the grade plane at any point, and the maximum roof projection does not exceed 24 inches.

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 153 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

(C) Chapter 4, Section R404.2 is amended to read as follows:

R404.2 Wood foundation walls. Wood foundation walls shall be constructed in accordance with the provisions of Sections R404.2.1 through R404.2.6 and with the details shown in Figures R403.1(2) and R403.1(3). Wood foundation walls shall not be used for structures located in Seismic Design Category D0, D1 or D2. (D) Chapter 6, Lines 19, 20, 23 and 33 – 36 of Table R602.3(1) are amended to read as follows:

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 154 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

TABLE R602.3(1)—
continued FASTENING

SCHEDULE

ITEM DESCRIPTION OF

BUILDING ELEMENTS

NUMBER AND TYPE OF
FASTENERa, b, c

SPACING AND

LOCATION
19 k 1" × 6" sheathing to each
bearing
3-8d box (21/2" × 0.113"); or
2-8d common (21/2" ×

0.131"); or 2-10d box
(3" × 0.128"); or
2 staples, 1" crown, 16 ga., 13/4"
long
Face nail
3-8d box (21/2" × 0.113"); or
3-8d common (21/2" ×

0.131"); or 3-10d box
(3" × 0.128"); or
3 staples, 1" crown, 16 ga., 13/4"
long
20 k 1" × 8" and wider sheathing
to each bearing
Wider than 1" × 8"
4-8d box (21/2" × 0.113"); or
3-8d common (21/2" ×

0.131"); or 3-10d box
(3" × 0.128"); or
4 staples, 1" crown, 16 ga., 13/4"
long
Face nail
Floor
23 k 1" × 6" subfloor or less to
each joist
3-8d box (21/2" × 0.113"); or
2-8d common (21/2" ×

0.131"); or 3-10d box
(3" × 0.128"); or
2 staples, 1" crown, 16 ga., 13/4"
long
Face nail
Other wall
sheathingg
33 k 1/2" structural
cellulosic
fiberboard
sheathing
11/2" galvanized roofing nail,
7/16" head diameter, or 11/4" long
16 ga. staple with 7/16" or 1"
crown
3 6
34 k 25/32" structural
cellulosic
fiberboard
sheathing
13/4" galvanized roofing nail, 7/16"
head diameter, or 11/2" long 16
ga. staple with 7/16" or 1" crown
3 6
35 k 1/2" gypsum sheathingd 11/2" galvanized roofing nail; staple galvanized, 11/2" long; 11/4"
screws, Type W or S
7 7
36 k 5/8" gypsum sheathingd 13/4" galvanized roofing nail; 7 7

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 155 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

staple galvanized, 15/8" long; 15/8"
screws, Type W or S
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 mile per hour = 0.447 m/s; 1 ksi =

6.895 MPa.

TABLE R602.3(1)—
continued

FASTENING

SCHEDULE
a. Nails are smooth-common, box or deformed shanks except where otherwise stated. Nails used for framing and sheathing connections shall have minimum average bending yield strengths as shown: 80 ksi for shank diameter of 0.192 inch (20d common nail), 90 ksi for shank diameters larger than 0.142 inch but not larger than 0.177 inch, and 100 ksi for shank diameters of 0.142 inch or less.
b. Staples are 16 gage wire and have a minimum 7/16-inch on diameter crown width.c. Nails shall be spaced at not more than 6 inches on center at all supports where spans are 48 inches or greater. d. Four-foot by 8-foot or 4-foot by 9-foot panels shall be applied vertically. e. Spacing of fasteners not included in this table shall be based on Table R602.3(2).
f. For wood structural panel roof sheathing attached to gable end roof framing and to intermediate supports within 48 inches of roof edges and ridges, nails shall be spaced at 6 inches on center where the ultimate design wind speed is less than 130 mph and shall be spaced 4 inches on center where the ultimate design wind speed is 130 mph or greater but less than 140 mph. g. Gypsum sheathing shall conform to ASTM C1396 and shall be installed in accordance with GA 253. Fiberboard sheathing shall conform to ASTM C208. h. Spacing of fasteners on floor sheathing panel edges applies to panel edges supported by framing members and required blocking and at floor perimeters only. Spacing of fasteners on roof sheathing panel edges applies to panel edges supported by framing members and required blocking. Blocking of roof or floor sheathing panel edges perpendicular to the framing members need not be provided except as required by other provisions of this code. Floor perimeter shall be supported by framing members or solid blocking. i. Where a rafter is fastened to an adjacent parallel ceiling joist in accordance with this schedule, provide two toe nails on one side of the rafter and toe nails from the ceiling joist to top plate in accordance with this schedule. The toe nail on the opposite side of the rafter shall not be required. j. RSRS-01 is a Roof Sheathing Ring Shank nail meeting the specifications in ASTM F1667.
k. Use of staples in braced wall panels shall be prohibited in Seismic Design Category D0, D1, or D2.
(E) Chapter 6, Table R602.3(2) shall have the following language added to the table footnotes to read as follows:

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 156 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

b. Staples shall have a minimum crown width of 7/16-inch on diameter except as noted. Use of staples in roof, floor, subfloor, and braced wall panels shall be prohibited in Seismic Design Category D0, D1, or D2.
(F) Chapter 8, Section R803.2.4 is amended to read as follows:

R803.2.4 Openings in horizontal diaphragms. Openings in horizontal diaphragms shall conform with Section R503.2.4.

CALIFORNIA GREEN BUILDING STANDARDS CODE
151.050 ADOPTION OF CALIFORNIA GREEN BUILDING STANDARDS CODE Except as provided in this chapter, those certain building codes known and designated as the 2022 California Green Building standards Code (CGBC), is hereby adopted by reference and shall become the green building standards code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2021 California Green Building Standards Code is on file for public examination in the office of the Building Official.

INTERNATIONAL PROPERTY MAINTANCE CODE
151.055 ADOPTION OF INTERNATIONAL PROPERTY MAINTENANCE CODE The 2022 International Property Maintenance Code as published by the International Code Council is hereby adopted by reference and shall apply to all existing residential and non-residential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner’s authorized agent, operators and occupants.; the occupancy of existing structures and premises, and for administration, enforcement and penalties. The 2021 International Property Maintenance Code is on file for public examination in the office of the Building Official.

Section 4.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

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 157 of 304 ----------------------------------------------------------------------------------------------------------------------- Ordinance No. 1784: Adoption of 2022 California Building Codes with Local Amendments

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

PASSED, APPROVED, and ADOPTED this 19th day of October 2022. ___________________________

WAYMOND FERMON, MAYOR
ATTEST:
____________________________

CYNTHIA HERNANDEZ, CITY CLERK/CMC
APPROVED AS TO FORM:
_____________________________

CITY ATTORNEY, CITY ATTORNEY

AGENDA ITEM #8.6
Second Reading of Ordinance No. 1784 , adoption of 2022 California Build... Page 158 of 304 City of Indio
City Council
October 19, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan White, Fire Chief
Subject: Second Reading of Ordinance No. 1785 adopting by reference the 2022 edition of the California Fire Code with amendments and making findings that modifications to the California Fire Code are reasonably necessary because of local conditions.

RECOMMENDATION:

Approve Ordinance No. 1785, waive full reading making express finding that modification to the California Fire Code.

SUMMARY:

The proposed ordinance adopts the most recent edition of the California Fire Code with the necessary local amendments. This code relates to fire and life safety

BACKGROUND INFORMATION:

California State law mandates that every three years the California B uilding Standards Commission publish the California Building Standards Code. The 2022 Edition of the California Building Standards Code and Code Fire California the incorporates Regulations Title of Code in (codified 24) automatically becomes effective sta tewide on January 1, 2023. Any city, however, may amend the California Building Standards Code (including provisions of the California Fire Code) if the amendment is necessary because of local climatic, geological or topographical conditions. If the City fails to adopt those local amendments by January 1, 2023, the codes published by the state will become law automatically and the City will lose its ability to enforce its local amendments. The list below identifies the model codes upon which the 2022 California Fire Code is based:

California Fire Code: 2022 California Fire Code
Reference Model Code: 2021 International Fire Code (IFC)

The proposed ordinance amends Chapter 93 of the Indio Municipal Code and repeals the prior edition of the Fire Code and adopts by reference, with amendments, the 2022 California Fire Code

The Benefit of adopting the code is to provide building and fire inspectors/ officials with further clarification of the intent and the applicability of the California Fire Code when presented with a variety of Fire & Life Safety issues.

AGENDA ITEM #8.7
Second Reading of Ordinance No. 1785 adopting by reference the 2022 edit... Page 159 of 304 Staff also recommends amendment and modifications to the 2022 California Fire Code due to local climatic, geological and topographical conditions in the City of Indio. These proposed amendments are also consistent with Riverside County and other local cities within Riverside County.

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

Additional Financial Details:

City Council Resolution No. 9584 established the Fire Department Fee Schedule for Plan Check and Permit Fees. No changes to this are proposed.

ALTERNATIVES:

Take no action. This would result in the automatic adoption of the California Fire Code without the City's local amendments required by the City's local conditions.

ATTACHMENTS:

Attachment 1- Ordinance No. 1785

AGENDA ITEM #8.7
Second Reading of Ordinance No. 1785 adopting by reference the 2022 edit... Page 160 of 304 2008181.2 Indio Fire Code Adoption

ATTACHMENT “B”

ORDINANCE NO. 1785

AN ORDINANCE OF THE COUNCIL OF THE CITY OF INDIO ADOPTING BY REFERENCE THE 20 22 CALIFORNIA FIRE CODE TOGETHER WITH CERTAIN APPENDICES AND AMENDMENTS AND PENALTIES; AND AMENDING CHAPTER 93

OF THE INDIO MUNICIPAL CODE

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

Section 1. Chapter 93 (Fire Code) of Title IX (General Regulations) of the Indio Municipal Code is hereby repealed; provided, however, that such repeal shall not affect or excuse any violation of any said Chapter or codes occurring prior to the effective date of the ordinance adopting this provision.

Section 2. A new Chapter 93 (Fire Code) is hereby added to Title IX (General Regulations) of the Indio Municipal Code to read as follows:

CHAPTER 93: FIRE CODE

93.01 Adoption

93.02 Enforcement

93.03 Definitions

93.04 Establishment of geographic limits in which the storage of Class I and Class II liquids in aboveground tanks outside of buildings are prohibited

93.05 Establishment of geographic limits in which the storage of liquefied petroleum gas is prohibited

93.06 Establishment of geographic limits in which the storage of explosives and blasting agents are prohibited

93.07 Amendments and Additions to the Fire Code

93.08 Fire Apparatus

93.99 Penalty
SECTION 93.01 ADOPTION.

Except as hereinafter provided, all of the provisions and Appendices B, BB, C, CC, and H of the 20 22 California Fire Code, based on the 20 21 International Fire Code, published by the International Code Council, inclusive of all of the inclusions and exclusions set forth in each chapter’s matrix, are hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Fire Code of the City of Indio. (“Fire Code”). In addition, the following provisions that were excluded in the 2022 California Fire

AGENDA ITEM #8.7
Second Reading of Ordinance No. 1785 adopting by reference the 2022 edit... Page 161 of 304 2008181.2 Indio Fire Code Adoption

Code are hereby adopted : Chapter 1, Division II of the California Fire Code is hereby adopted, except that Section 103.2 and 111.3 are not adopt ed; Chapters 3, 25, and Sections 403.11 , 503, and 510.2, and Sections 1103.2 and 5707 are adopted. Such provisions shall be part of the Fire Code. Said Fire Code is for the purpose of prescribing regulations governing the safeguarding of life and property from fire and explosion, hazards arising from the storage, handling and use of hazardous substances, materials, devices, and from conditions hazardous to life and property in the occupancy of buildings and premises as herein provided and for provi ding for the issuance of permits. A copy of the Fire Code shall be maintained in the office of the City Clerk and shall be made available for public inspection.

SECTION 93.02 ENFORCEMENT.

The Fire Code shall be enforced by the Fire Chief.

SECTION 93.03 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

JURISDICTION. The City of Indio.

CORPORATE COUNSEL. The City Attorney for the City of Indio.

ALTERATION OR ALTERED. Any change, addition, or modification in construction or occupancy or structural repair or change in primary function to an existing structure made by, on behalf of, or for the use of a public accommodation, or commercial facility or part thereof. Alterations include, but are not limited to; remodeling, renovation, rehabilitation, reconstruction, historic restoration, fire damage restoration, changes or rearrangement of the structural parts or elements, and changes or rearrangement in the plan configuration of walls and full height partitions.

SECTION 93.04 ESTABLISHMENT OF GEOGRAPHIC LIMITS IN WHICH THE

STORAGE OF CLASS I AND CLASS II LIQUIDS IN ABOVE-GROUND TANKS OUTSIDE OF BUILDINGS ARE PROHIBITED.

The location referred to in Section 5704.2.9.6.1 of the California Fire Code in which storage of Class I and Class II liquids in above-ground tanks outside of buildings are prohibited are hereby as follows: RL, RM, RH, NC, CC, RM-MHDE-1, DET-3, SN-4, SN-8, CN-14, CN-20, MUN, MT.

AGENDA ITEM #8.7
Second Reading of Ordinance No. 1785 adopting by reference the 2022 edit... Page 162 of 304 2008181.2 Indio Fire Code Adoption

SECTION 93.05 ESTABLISHMENT OF GEOGRAPHIC LIMITS IN WHICH THE STORAGE OF LIQUEFIED PETROLEUM GAS IS PROHIBITED:

The location referred to in Section 6104.2 of the California Fire Code in which the storage of liquefied petroleum gas is prohibited are hereby as follows: RL, RM, RH, NC, CC, P, CO, RM-MH, EE.

SECTION 93.06 ESTABLISHMENT OF GEOGRAPHIC LIMITS IN WHICH THE STORAGE OF EXPLOSIVES AND BLASTING AGENTS ARE PROHIBITED:

The location referred to in Chapter 56 of the California Fire Code in which the storage of explosives and blasting agents are prohibited are hereby as follows: RL, RM, RH, NC, CC, P, CO, RM-MH, EE, RC.

SECTION 93.07 AMENDMENTS AND ADDITIONS TO THE FIRE CODE A. Chapter 1 SCOPE AND ADMINISTRATION.
(1) Section 101.4 of the California Fire Code is deleted in its entirety and replaced with the following:

Section 101.4 Severability
(1) 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.
(2) Section 102.5 of the California Fire Code is amended as follows:

Section 102.5 Application of Residential Code.

Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows:

1) Construction and design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to,

AGENDA ITEM #8.7
Second Reading of Ordinance No. 1785 adopting by reference the 2022 edit... Page 163 of 304 2008181.2 Indio Fire Code Adoption

premises identification, fire apparatus access and water supplies.

Where interior or exterior systems or devices are installed, construction permits required by Section 105.6 of this code shall apply.
2) Administrative, operational and maintenance provisions of this code shall apply.
3) Automatic fire sprinkler system requirements of this code shall apply to detached accessory buildings 3,600 square feet or greater in accordance with Section 903.2. The provisions contained in Section 903.2.18 of the California Fire Code or Section R309.6 of the California Residential Code may be used for the design of the automatic fire sprinkler system for detached private garages.

(3) Section 103.2 is deleted in its entirety.

(4) Section 104.1.1 is hereby added to the Fire Code is to read as follows:

Section 104.1.1 Authority of the fire chief and fire department.

The Fire Chief is authorized to administer, interpret, and enforce the Indio Fire Code. Under the Fire Chief’s direction, the Riverside County Fire Department is authorized to enforce all ordinances of the City of Indio pertaining to:
1) The prevention of fires.
2) The suppression or extinguishment of dangerous or
hazardous fires.
3) The storage, use, and handling of hazardous materials. 4) The installation and maintenance of automatic, manual, and other private fire alarm systems and fire extinguishing equipment.
5) The maintenance and regulation of fire escapes.
6) The maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures, and other property, including those under construction.
7) The maintenance of means of egress.
8) The investigation of the cause, origin, and circumstance of fire and unauthorized releases of hazardous materials.

(5) Secti on 104.3.2 is hereby added to the Fire Code to read as follows:

Section 104.3.2 Fire department personnel and peace officers. 1) The Fire Chief and his or her designees are authorized and directed to enforce all applicable State fire laws and the provisions of this

AGENDA ITEM #8.7
Second Reading of Ordinance No. 1785 adopting by reference the 2022 edit... Page 164 of 304 2008181.2 Indio Fire Code Adoption

code and shall perform such related duties as may be fixed by the City Council, and for such purposes, he or she shall have the power of a peace officer.
2) The following persons are hereby authorized to interpret and enforce the provisions of the Indio Fire Code and to make arrests and issue citations as authorized by law.

1. The Unit Chief and Peace Officers and public officers of the California Department of Forestry and Fire Protection
(CALFIRE).

2. The Fire Chief, Peace Officers, and Public Officers of the Riverside County Fire Department.

3. The Police Chief and any Police Officer of any city served by Riverside County Fire Department.

4. The Fire Code Official and members of the Fire Prevention Bureau that serves the City of Indio.

5. Officers of the California Highway Patrol.

6. The law enforcement officers of the Federal Bureau of Land Management.
(6) Section 104.7 and 104.7.1 is deleted in its entirety and replaced with the following:

Section 104.7 Liability.
(1) Any liability against the City of Indio or Riverside County or State of California or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.
(7) Section 105.4.7 is hereby added to the Fire Code to read as follows:

Section 106.5 Commencement of work.

The construction or installation of any fire protection system shall not be permitted without approved plans. Beginning work prior to approval of plans will result in a triple (300%) permit fee and/or inspection being charged unless prior approval has been granted by the fire code official. (8) Section 107.2 is deleted in its entirety and replaced with the following:

Section 107.2 Schedule of permit fee.

A fee shall be charged for services and each permit issued. The fee schedule shall be established by the City Council of the City of Indio. (9) Section 107.7 is hereby added to the Fire Code to read as follows:

AGENDA ITEM #8.7
Second Reading of Ordinance No. 1785 adopting by reference the 2022 edit... Page 165 of 304 2008181.2 Indio Fire Code Adoption

Section 107.7 Cost recovery.

Fire suppression, investigation and rescue or emergency medical costs which are recoverable shall be recoverable in accordance with California Health and Safety Code Sections 13009 and 13009.1.

Any person who negligently or intentionally, or in violation of law, causes an emergency response, including but not limited to, a traffic accident or spill of toxic or flammable fluids or chemicals, is liable for the costs of securing such emergency, including those costs set out in Government Code Section 53150, et seq. Any expense incurred by the fire department for securing such an emergency shall constitute a debt of such person and shall be collectable by the City of Indio, in the same manner as in the case of an obligation under contract, expressed or implied.
(10) Sections 111.1, 111.2, 111.3 and 111.4 are deleted in their entirety and replaced with the following:

Section 111.1 Board of appeals established.

The Board of Appeals shall be established as set forth in Title III; Administration, Chapter 32.95 of the City of Indio Municipal Code, Indio Consolidated Appeals Board.
(11) S ection 112.4 is deleted in its entirety and replaced with the following:

Section 112.4 Penalties.

Penalties shall be identified as set forth in Section 93.99 of this Ordinance.

B. Chapter 2 DEFINITIONS
(1) Section 202, definition of “Fire Chief” in the California Fire Code is deleted in tis entirety and replaced with the following:

Section 202 General definitions.

FIRE CHIEF OR CHIEF. The person designated as the Fire Chief of the County of Riverside or his or her authorized designee.

C. Chapter 3 General Requirements
(1) Section 308.1.6.3 is deleted in its entirety and replaced with the following:

AGENDA ITEM #8.7
Second Reading of Ordinance No. 1785 adopting by reference the 2022 edit... Page 166 of 304 2008181.2 Indio Fire Code Adoption

Section 308.1.6.3 Sky Lanterns or similar devices.

A person shall not release or cause to be released a sky lantern or similar device.

D. Chapter 5 FIRE SERVICE FEATURES
(1) Section 503.2.1 is deleted in its entirety and replaced with the following:

Section 503.2.1 Dimensions.

Fire apparatus access roads shall have an unobstructed width of not less than 24 feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches. For additional requirements or alternatives see Riverside County Fire Department Standards and Policies, as may be amended from time to time.

(2) Section 503.2.2 is deleted in its entirety and replaced with the following:

Section 503.2.2 Authority.

The fire code official shall be the only authority authorized to designate fire apparatus access roads and fire lanes and to modify the minimum fire lane access widths for fire or rescue operations.
(3) Secti on 503.6.1 is hereby added to the Fire Code to read as follows:

Section 503.6.1 Automatic opener.

New motorized gates shall be provided with means to be automatically opened remotely by emergency vehicles in accordance with Riverside County Fire Department standards and Policies, as may be amended from time to time.

Exception: Gates serving individual one and two-family dwelling parcels.
(4) Section 503.7 is hereby added to the Fire Code to read as follows:

Section 503.7 Loading areas and passenger drop-off areas.

On private properties, where fire apparatus access roads are utilized for loading or unloading or utilized for passenger drop-off or pick-up, an additional eight (8) feet of width shall be added to the minimum required width for the fire apparatus access road.

AGENDA ITEM #8.7
Second Reading of Ordinance No. 1785 adopting by reference the 2022 edit... Page 167 of 304 2008181.2 Indio Fire Code Adoption

(5) Section 507.5.7 is hereby added to the Fire Code to read as follows:

Section 507.5.7 Fire hydrant size and outlets.

As determined by the fire code official, fire hydrant sizes and outlets shall be based on the following:

a. Hydrant Standard – one (1) four (4) inch outlet and two (2) two and one half (2 ½) inch outlet.
b. Hydrant Enhanced – two (2) four (4) inch outlet and one (1) two and one half (2 ½) inch outlet.
(6) Section 507.5.8 is hereby added to the Fire Code to read as follows:

Section 507.5.8 Fire hydrant street marker.

Fire hydrant locations shall be visually indicated in accordance with Riverside County Fire Department Technical Policy 06-11, as may be amended from time to time. Any hydrant marker damaged or removed during street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage. (7) Section 508.1 is deleted in its entirety and replaced with the following:

Section 508.1 General.

Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, in all buildings greater than 300,000 square feet (27 870 m2), and in Group I- 2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access a fire command center for fire department operations shall be provided and shall comply with Sections 508.1.1 through 508.1.7.
(8) Section 508.1.1 is deleted in its entirety and replaced with the following:

Section 508.1.1 Location and access.

The fire command center shall be located adjacent to the main lobby and shall be accessible from fire department vehicular access or as approved by the fire code official. The fire command center shall have direct access from the building exterior at the lowest level of fire department access.
(9) Section 508.1.3 of the California Fire Code is amended to add the following:

AGENDA ITEM #8.7
Second Reading of Ordinance No. 1785 adopting by reference the 2022 edit... Page 168 of 304 2008181.2 Indio Fire Code Adoption

508.1.3 Size. The fire command center shall be not less than 0.015 percent of the total building area of the facility served or 200 square feet (19 m2) in area, whichever is greater, with a minimum dimension of 0.7 times the square root of the room area or 10 feet (3048 mm), whichever is greater.

Where a fire command center is solely required because a building is greater than 300,000 square feet (27 870 m2), the fire command center shall have a minimum size of 96 square feet (9 m2) with a minimum dimension of 8 feet (2438 mm) where approved by the fire code official.

(10) Section 509.2.1 is hereby added to the Fire Code to read as follows:

Section 509.2.1 Minimum clearances.

A 3-foot clear space shall be maintained around the circumference of exterior fire protection system control valves, or any other exterior fire protection system component that may require immediate access, except as otherwise required or approved.

E. Chapter 6 BUILDING SERVICES AND SYSTEMS
(1) Section 608.11.1.2 is deleted in its entirety and replaced with the following:

Section 608.11.1.2 Manual operation.

When required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valves shall be located in an approved location immediately outside of the machinery room, in a secure metal box or equivalent and marked as Emergency Controls.

F. Chapter 9 FIRE PROTECTION SYSTEMS
(1) Section 903.2 of the Fire Code is deleted in its entirety and replaced with the following:

Section 903.2 Where required.
1) In all new buildings and structures which are 3,600 square feet or greater an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where the California Fire Code requires more restrictive requirements in Sections 903.2.1 – 903.2.21, the more restrictive requirement shall take precedence. 2) In an existing building hereafter remodeled or altered where the required fire flow exceeds or is changed to exceed 2,500 GPM, an

AGENDA ITEM #8.7
Second Reading of Ordinance No. 1785 adopting by reference the 2022 edit... Page 169 of 304 2008181.2 Indio Fire Code Adoption

automatic fire sprinkler system shall be installed in accordance with the provisions of this section.

1. To determine the required fire flow for the purposes of when an automatic fire sprinkler system is required in an existing building, the fire code official shall be guided by California Fire Code, Appendix B, and the Insurance Services Office method, 2014 Edition.

2. Each portion of a building separated by one or more fire walls may be considered a separate fire flow calculation area, provided the fire wall are of masonry construction (4-hour fire rating), contain no openings and are constructed in accordance with the California Building Code.

3. One- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobile homes, manufactured homes, and multifamily manufactured homes with two dwelling units in accordance with Title 25 of the California Code of Regulations.
3) Exception: Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be required for the following:

1. D etached Group U occupancies used for agricultural
purposes constructed in accordance with the California
Building Code.

2. Detached non-combustible equestrian arena shade
canopies that are open on all sides and used for riding only - no commercial, assembly or storage uses.

3. Detached fabric or non-combustible shade structures that are open on all sides and used to shade playground
equipment, temporary storage of vehicles and dining
areas with no cooking.

4. Where determined by the Fire Chief that no major life safety hazard exists, and the fuel load does not pose a significant threat to firefighter safety or to other structures or property, automatic fire sprinklers may be exempted.

(2) Paragraph 2 of Section 903.2.3 is hereby amended by deleting the exception listed therein.

(3) Section 903.2.11.3 is hereby deleted in its entirety and replaced with the following:

Section 903.2.11.3 Buildings 55 feet or more in height.

AGENDA ITEM #8.7
Second Reading of Ordinance No. 1785 adopting by reference the 2022 edit... Page 170 of 304 2008181.2 Indio Fire Code Adoption

An automatic sprinkler system shall be installed throughout buildings that have one or more stories with an occupant load of 30 or more located 55 feet (16 764 mm) or more above the lowest level of fire department vehicle access, measured to the finished floor.

Exceptions:

1. Open parking structures.

(4) Section 903.3.5.3 is hereby added to the Fire Code to read as follows:

Section 903.3.5.3 Hydraulically calculated systems.

The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

G. C hapter 32 HIGH-PILED COMBUSTIBLE STORAGE
(1) Section 3204.2.1 is hereby added to the Fire Code to read as follows:

Section 3204.2.1 Minimum requirements for client leased or occupant owned warehouses.

Designs of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. The responsible fire protection engineer shall perform a survey of the building to determine commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The fire protection engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the on-site survey and discussions with the building owner or operator. The technical report shall describe the basis for determining the commodity and sprinkler design selection, how the commodities will be isolated or separated, and include referenced design document(s), including NFPA 13 or the current applicable factory mutual data sheets. If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review.

H. Chapter 56 EXPLOSIVES AND FIREWORKS
(1) Section 5608.2 is hereby added to the Fire Code to read as follows:

AGENDA ITEM #8.7
Second Reading of Ordinance No. 1785 adopting by reference the 2022 edit... Page 171 of 304 2008181.2 Indio Fire Code Adoption

Section 5608.2 Safe and Sane Fireworks.

Safe and Sane Fireworks shall be permitted as set forth in Title IX; General Regulations, Chapter 101 of the City of Indio Municipal Code, Safe and Sane Fireworks.

I. APPENDIX B
(1) Table B105.2 is deleted in its entirety and replaced with the following:

Table B105.2 Required Fire-Flow for Buildings Other Than One-And-Two Family Dwellings, Group R-3 And R-4 Buildings and Townhouses

AUTOMATIC

SPRINKLER
SYSTEM
(Design
Standard)

MINIMUM FIRE-FLOW
(Gallons per minute)

FLOW DURATION
(Hours)
No automatic
sprinkler
system
Value in Table B105.1(2) Duration in Table B105.1(2)
Section
903.3.1.1 of
the California
Fire Code
50% of the value in Table B105.1(2)a Duration in Table B105.1(2) at the reduced flow rate
Section
903.3.1.2 of
the California
Fire Code
50% of the value in Table B105.1(2)a Duration in Table B105.1(2) at the reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,500 gallons per minute.

J. APPENDIX C
(1) Section 103.1 is deleted in its entirety and replaced with the following:

Section 103.1 Hydrant spacing.

Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the International Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3. Fire hydrants shall also be provided at street intersections.
§ 93.08 FIRE APPARATUS.

AGENDA ITEM #8.7
Second Reading of Ordinance No. 1785 adopting by reference the 2022 edit... Page 172 of 304 2008181.2 Indio Fire Code Adoption

(A) In all locations where access for fire apparatus for fire suppression or rescue purposes is unduly difficult or subject to obstruction, the Fire Chief may designate fire lanes and cause them to be posted as such.
(B) No person shall obstruct such fire lanes in any manner that would deter or hinder the Fire Department from gaining immediate access and use of such designated fire lanes. § 93.99 PENALTIES.
(A)(1) It shall be unlawful for any person, firm, corporation, or association of persons to violate any provision of this Chapter, or to violate the provisions of any permit granted pursuant to this ordinance. Any person, firm, corporation, or association of persons violating any provision of this Chapter, or the provisions of any permit granted pursuant to this ordinance, shall be deemed guilty of an infraction or misdemeanor as herein after specified.

Such person or entity shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this Chapter or the provisions of any permit granted pursuant to this Chapter , is committed, continued, or permitted. In addition, any violation of any of the code adopted herein is a nuisance tha t may be abated as such pursuant to the provisions of this Municipal Code. (2) Any person, firm, corporation, or association of persons so convicted shall be:
(1) guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a first violation; (2) guilty of an infraction offense and punishable by a fine now exceeding three hundred dollars ($300.00) for a second violation on the same site. The third and any additional violations on the same site shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve a person or entity from the responsibility for correcting the violation.
(B) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

Section 3. The City Clerk shall certify to the ad option of this Ordinance and shall cause the same to be published or posted in the manner prescribed by law.

Section 4. Effective Date. This ordinance shall go into effect on November 19, 2022.

PASSED, APPROVED AND ADOPTED this 19
th day of October 2022.

AGENDA ITEM #8.7
Second Reading of Ordinance No. 1785 adopting by reference the 2022 edit... Page 173 of 304 2008181.2 Indio Fire Code Adoption

________________________________

WAYMOND FERMON, MAYOR

ATTEST:

____________________________________

CYNTHIA HERNANDEZ, CITY CLERK/CMC

APPROVED AS TO FORM:

_____________________________

STEVEN GRAHAM, CITY ATTORNEY

AGENDA ITEM #8.7
Second Reading of Ordinance No. 1785 adopting by reference the 2022 edit... Page 174 of 304 City of Indio
City Council
October 19, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan White, Fire Chief
Subject: Resolution No. 10333 acknowledging receipt of a report made by the Fire Chief of Indio Fire Department regarding compliance with the annual inspection of certain identified occupancies pursuant to sections 13146.2 and 13146.3 of the California Health and Safety Code.

RECOMMENDATION:

Adopt Resolution No. 10333 acknowledging receipt o f a report made by the Fire Chief of Indio Fire Department regarding compliance with the annual inspection of certain identified occupancies pursuant to sections 13146.2 and 13146.3 of the California Health and Safety Code.

SUMMARY:

Senate Bill (SB) 1205 was approved on September 27, 2018, which requires annual reporting to the City Council on fire departments compliance of state mandated inspections of certain occupancies. In accordance with California Health and Safety Codes 13146.2 , 13146.3, and 13146.4 all identified occupancy’s have been inspected.

BACKGROUND INFORMATION:

California Health and Safety Code Sections 13145 and 13146 mandate City and County Fire Departments to enforce building standards adopted by the State Fire Mar shal. Included in these standards are requirements for annual inspections of identified hotels, motels, lodging house, and apartment houses, as well as identified private and public schools.

In September 2018, the State of California approved SB 1205 adding Health and Safety Code Section 13146.4 which became effective on January 1, 2019, requiring City and County Fire Departments to report annually to its administering authority or City Council, a State Mandate Compliance report.

California Health & Safety Code Section 13146.2 and 13146.3 requires all fire departments, including the Indio Fire Department, that provide fire protection services to perform annual inspections in every building identified as a public or private school, hotel, motel, lodging house, apartment house, and certain identified residential care facilities for compliance with the building standards, known as “E” occupancies and “R” occupancies. The Indio Fire Department identified and inspected 35 “E” occupancies and 123 “R” occupan cies during the reporting period of July 1, 2021, through June 30, 2022.

AGENDA ITEM #8.8
Resolution No. 10333 acknowledging receipt of a report made by the Fire ... Page 175 of 304 As required by the Health and Safety, the Indio Fire Department is required to provide its report and in turn, the City Council is required to acknowledge receipt of the Indio Fi re Department’s report and its compliance with California Health and Safety Code Sections 13146.2 and 13146.3.

ALTERNATIVES:

ATTACHMENTS:

Attachment 1- Resolution 10333
Attachment 2- Senate Bill No. 1205

APPROVAL(S):

Bryan White, Fire Chief Approved - 12 Oct 2022
Steven Graham, City Attorney Approved - 14 Oct 2022
Samantha Lopez, Finance Manager Approved - 14 Oct 2022
Bryan H. Montgomery, City Manager Approved - 14 Oct 2022

AGENDA ITEM #8.8
Resolution No. 10333 acknowledging receipt of a report made by the Fire ... Page 176 of 304

INDIO OFFICE OF THE FIRE MARSHAL
46-990 Jackson Street • Indio, California 92201
Phone (760) 391-4057 • Fax (760) 775-3710 • Indio.org

RESOLUTION NO. 10333

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

ACKNOWLEDGING RECEIPT OF A REPORT BY THE INDIO FIRE CHIEF

REGARDING COMPLIANCE WITH THE ANNUAL INSPECTION OF CERTAIN OCCUPANCIES PURSUANT TO SECTIONS 13146.2 and 13146.3 OF THE

CALIFORNIA HEALTH AND SAFETY CODE
WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018 and became effective on January 1, 2019.

WHEREAS, fire protection services are provided to the City of Indio by the County of Riverside, through its Cooperative Fire Program Fire Protection Reimbursement Agreement with the California Department of Forestry and Fire Protection and as used herein shall be referred to as the “Indio Fire Department”
WHEREAS, California Health & Safety Code Section 13146.4 requires all fire departments, including Indio Fire Department, that provide fire protection services, to report annually to its administering authority on its compliance with Health & Safety Code Sections 13146.2 and 13146.3.

WHEREAS, California Health & Safety Code Section 13146.2 and 13146.3 requires all fire departments, including Indio Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided (“Inspections”).

WHEREAS, the Indio Fire Department has conducted the Inspections for the period covering July 1, 2021, through June 30, 2022; and
WHEREAS, the Council of the City of Indio intends this Resolution to fulfill the requirements of the California Health & Safety Code 13146.4 regarding acknowledgm ent of Indio Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY INDIO HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:

Section 1. The above recitals are true and correct and are incorporated herein.

Section 2. The Indio Fire Department has reported to the City Council that it has completed 100% of the annual inspections of the identified Group E occupancies, buildings, structures and/or facilities in the City of Indio for t
he time period of July 1, 2021, to June 30, 2022. Group E occupancies, for the purposes of this Resolution, are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade.

Section 3. The Indio Fire Department has reported t o the City Council that is has completed 100% of the annual inspections of the identified Group R occupancies, buildings, structures and/or

AGENDA ITEM #8.8
Resolution No. 10333 acknowledging receipt of a report made by the Fire ... Page 177 of 304

facilities in the City of Indio for t he time period of July 1, 2021, to June 30, 2022. Residential Group R occupancies, for the purposes of this Resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including a number of residential care facilit ies). These residential care facilities have a number of different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or bedridden.

Section 4. The Indio City Council hereby expressly acknowledges the measure of compliance of Indio Fire Department with Health and Safety Code sections 13146.2 and 13146.3 in the City of Indio for t he time period of July 1, 2021, to June 30, 2022, as described in Sections 2 and 3 of this Resolution.

Section 5. This Resolution shall become effective immediately upon its adoption.

Section 6. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 2nd day of November 2022.

__________________________________

WAYMOND FERMON, MAYOR

ATTEST:

____________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK

APPROVED AS TO FORM:

_____________________________

STEVEN GRAHAM
, CITY ATTORNEY

AGENDA ITEM #8.8
Resolution No. 10333 acknowledging receipt of a report made by the Fire ... Page 178 of 304 ?»\33%Am,
/ LEGISLATIVEINFORMATION
3,".,,4°,m3m,nCalilomiaLawPublicationsOtherResourcesMySubscriptionsMyFavoriies SB-1205Fireprotectionservices:inspections:compliancereporting.(?.017~2G1?) SHARETHIS:
.- DIMPublished:O9/27/301!09:00PM
SenateBillNo.1205
CHAPTER854
AnacttoaddSection13146.4totheHealthandSafetyCode,relatingto?reprotection. [ApprovedbyGovernorSeptember27,2018.FiledwithSecretaryofStateSeptember27,2018.1LEGISLATIVECOUNSEI.'SDIGEST SB1205,Hill.Fireprotectionservices:inspections:compliancereporting.

Existinglawrequiresthechiefofanycityorcountyfiredepartmentordistrictprovidingfireprotectionservicesandhisorherauthorizedrepresentativestoinspecteverybuildingusedasapublicorprivateschoolwithinhisorher)l.lrlSdiCll0l'I,forthepurposeofenforcingspeci?edbuildingstandards,notlessthanonceeachyear,asprovided.Existinglawrequireseverycityorcounty?redepartmentordistrictproviding?reprotectionservicesthatisrequiredtoenforcespeci?edbuildingstandardstoannuallyinspectcertainstructures,includinghotels,motels,lodginghouses,andapartmenthouses,forcompliancewithbuildingstandards,asprovided.Thisbillwouldrequireeverycityorcountyfiredepartment.cityandcountyfiredepartment,ordistrictrequiredtoperformtheabove-describedinspectionstoreportannuallytoisadministeringauthority,asde?ned,onthedepartment'sordistrict'scompliancewiththeabove-describedinspectionrequirements,asprovided.Thebillwouldrequiretheadministeringauthoritytoacknowledgereceiptofthereportinaresolutionorasimilarformaldocument.Totheextentthisbillwouldexpandtheresponsibilityofalocalagency,thebillwouldcreateastate-mandatedlocalprogram.

TheCaliforniaConstitutionrequiresthestatetoreimburselocalagenciesandschooldistrictsforcertaincostsmandatedbythestate.Statutoryprovisionsestablishproceduresformakingthatreimbursement.Thisbillwouldprovidethat,iftheCommissiononStateMandatesdeterminesthatthebillcontainscostsmandatedbythestate,reimbursementforthosecostsshallbemadepursuanttothestatutoryprovisionsnotedabove.

V ote:majorityAppropriation:noFiscalCommittee:yesLocalProgram:yes THEPEOPLEOFTHESTATEOFCALIFORNIADOENACTASFOLLOWS:SECTION1.Section13146.4I5addedtotheHealthandSafetyCode,toread:
13146.4.(a)Everycityorcountyfiredepartment,cityandcounty?redepartment,ordistrictrequiredtoperformanannualinspectionpursuanttoSections13146.2and13146.3shallreportannuallytoitsadministeringauthorityonitscompliancewithSections13146.2and13146.3.(b)Thereportmadepursuanttosubdivision(a)shalloccurwhentheadministeringauthoritydiscussesisannualbudget,oratanothertimedeterminedbytheadministeringauthority.

AGENDA ITEM #8.8
Resolution No. 10333 acknowledging receipt of a report made by the Fire ... Page 179 of 304 (c)Theadministeringauthorityshallacknowledgereceiptofthereportmadepursuanttosubdivision(a)inaresolutionorasimilarformaldocument.(d)Forpurposesofthissection,"administeringauthority"meansacitycouncil,countyboardofsupervisors,ordistrictboard,asthecasemaybe.SEC.2.IftheCommissiononStateMandatesdeterminesthatthisactcontainscostsmandatedbythestate,reimbursementtoiocaiagencies-andschooldistrictsforthosecostsshallbemadepursuanttoPart7(commencingwithSection17500)ofDivision4ofTitle2oftheGovernmentCode.

AGENDA ITEM #8.8
Resolution No. 10333 acknowledging receipt of a report made by the Fire ... Page 180 of 304 City of Indio
City Council
October 19, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Andrew Ansoorian, Dir. Of Human Resources & Risk Management Subject: Compensation and Benefits Plan for Management, Confidential, and Unrepresented Employees (MCU), the Indio City Employee Association (ICEA), and Service Employee International Union (SEIU) regarding salaries and benefits.

RECOMMENDATION:

Approve the amended Compensation and Benefits Plan for Management, Confidential, and Unrepresented Employees (MCU) and the Fairness Reopener Agreements with the Indio City Employee Association (ICEA) and Service Employee International Union (SEIU) regarding salary and benefits.

SUMMARY:

With a focus on continually supporting and building an effective workforce strategically aligned with City goals and priorities, staff has been engaged in fairness reopener negotiations since May 2022 with the Indio City Employee Association (ICEA) and Ser vice Employee International Union (SEIU).

The purpose of these fairness reopeners meetings was to discuss a tangible benefit or increase of economic value provided to any other bargaining unit. Staff is pleased to report that a side letter agreement has be en reached with ICEA and SEIU regarding salary and benefits. In addition, an identical change to salary and benefits is recommended for employees under the City MCU plan.

BACKGROUND INFORMATION:

From May 2022 to June 2022, the City’s labor negotiation team met with ICEA, SEIU, and Indio Water Authority Employees' Association (IWAEA) separately on multiple occasions to discuss fairness issues pertaining to salary and benefits provided to the Police Officers Association (POA) and Police Command Unit (PCU). Specifically, the ICEA, SEIU and IWAEA believed that the City was obligated to provide their members an additional 1.5% COLA increase to match the 3.5% COLA that POA and PCU members received during their meet and confer process. The City had previously agr eed to several items of economic value to both ICEA, SEIU, and IWAEA which included a 2% COLA, approximately a 1% COLA equivalent to implement the classification and compensation study, and approximately a .5% COLA equivalent to implement eight (8) hours o f additional paid holiday.

Furthermore, the City explained to the ICEA, SEIU, and IWAEA negotiating teams that while the POA and PCU units received a 3.5% COLA, they did not implement a classification and compensation study, and they reduced their paid hol idays by 12 hours (approximately a .5% reduction in a COLA equivalent).

AGENDA ITEM #8.9
Compensation and Benefits Plan for Management, Confidential, and Unrepre... Page 181 of 304 The City reached an impasse with ICEA and IWAEA and entered into the factfinding process on July 14, 2022, pursuant to Government Code Section 3505. David B. Hart was selected to ac t as an impartial Chairperson and empowered to render an advisory recommendation in accordance with PERB's rules. The Chairperson recommended that the City of Indio's proposal that was on the table prior to the impasse be adopted by the parties as an addition to the current MOU. The City and ICEA agreed with the Chairperson's recommendation. In turn, the mutually agreed upon decision has been memorialized in side letter agreements with both ICEA and SEIU.

IWAEA did not agree with the Chairperson's recommendation and has chosen not to accept the City's proposal presented prior to declaring an impasse.

The staff’s objective was to settle on competitive changes to the total compensation package that would effectively attract and retain a high -caliber workf orce while keeping costs within the City’s financial means. The changes include:

• Effective beginning in the pay period that contains November 1, 2022, each salary range will be modified to add one step to the top of the salary range that is 5% above the existing top step. Any employee who has been at the top step for one year or more will be moved to the new top step effective November 1, 2022. Other employees will be eligible to achieve the new top step through normal step progression. In addition, one step at the bottom step of the salary range will be removed to maintain a nine-step salary range. • Effective July 1, 2023, the flexible benefits plan contribution will be One Thousand Nine Hundred Dollars ($1,900) per month.

The cost to implement these changes for MCU, ICEA, and SEIU is as follows:

• MCU: $22,700
• ICEA: $12,900
• SEIU: $29,900

The total implementation cost is approximately $65,500.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$65,500 In current year budget: Yes
Current FY General
Fund Impact:
$57,200 Budget adjustment: No
Next FY Financial
Impact:
$112,300 Strategic Objective:

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

N/A

Additional Financial Details:

None.

APPROVAL(S):

AGENDA ITEM #8.9
Compensation and Benefits Plan for Management, Confidential, and Unrepre... Page 182 of 304 Andrew Ansoorian, Dir. Of Human Resources & Risk
Management
Approved - 03 Oct 2022
City Attorney, City Attorney Approved - 13 Oct 2022
Ashley Campos, Financial Analyst Approved - 13 Oct 2022 Bryan H. Montgomery, City Manager Approved - 13 Oct 2022

AGENDA ITEM #8.9
Compensation and Benefits Plan for Management, Confidential, and Unrepre... Page 183 of 304 City of Indio
City Council
October 19, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan H. Montgomery, City Manager
Subject: Resolution No. 10334 supporting State Proposition 26 and opposing State Proposition 27.

RECOMMENDATION:

Adopt Resolution No. 10334 supporting Proposition 26 and opposing Proposition 27

SUMMARY:

Propositions 26 and 27 have qualified for the State -wide election ballot for November 8, 2022. City officials have been in discussions with area tribal leaders who have encouraged support for Proposition 26 and opposition to Proposition 27. Mayor Fermon requested that this matter be placed before the City Council for its consideration.

BACKGROUND INFORMATION:

Proposition 26 and 27 relate to gaming and, if passed, would affect the casino/gaming operations of the local tribes. The non-partisan State Legislative Analyst's Office has prepared a summary and an analysis of each proposition and those are found at the following links:

Proposition 26
https://lao.ca.gov/BallotAnalysis/Proposition?number=26&year=2022 Proposition 27
https://lao.ca.gov/BallotAnalysis/Proposition?number=27&year=2022

Proposition 26, the California Sports Wagering Regulation and Unlawful Enforcement Act, would legalize in-person sports wagering on tribal lands and specific horse racing tracks and allow roulette and dice games at tribal casinos. It would also impose a new 10% state tax on horse racing tracks based u pon daily sports wagers. As advised by local tribal leaders, this Proposition would be advantageous to their casino/gaming operations.

The local tribal opposition to Proposition 27, the California Legalize Sports Betting and Revenue for Homelessness Prevention Fund, relates to the measure creating an unlevel playing field between existing cardrooms and new market participants, and the risk of making gaming more easily available to minors.

The attached resolution expresses the City Council's support for P roposition 26 and opposition to Proposition 27.

AGENDA ITEM #8.10
Resolution No. 10334 supporting State Proposition 26 and opposing State ... Page 184 of 304 ALTERNATIVES:

Not adopt the Resolution

ATTACHMENTS:

Attachment 1: Resolution 10334 - Support Prop 26_Oppose Prop 27

AGENDA ITEM #8.10
Resolution No. 10334 supporting State Proposition 26 and opposing State ... Page 185 of 304 1 RESOLUTION NO. 10334

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA SUPPORTING PROPOSITION 26 AND OPPOSING
PROPOSITION 27
WHEREAS, California tribal governments lawfully and safely operate gaming casinos on tribal land; and
WHEREAS, tribal governments partner with neighboring cities and counties to address issues important to their communities, provide direct funding to cities and counties, provide nearly 150,000 jobs, generate $26.9 billion for the California economy annually and attract visitors to their respective regions—ensuring money is spent at surrounding businesses and providing tax revenues to cities, counties, and other local governments; and
WHEREAS, various tribal entities operates local casinos and provide many direct contributions to the local community including providing many local jobs, scholarships, donating food, provided funding to support fire and law enforcement and much more; and
WHEREAS, on the November 2022 ballot is Propositions 26 which would allow in-person sports wagering with age verification at the experienced gaming facilities of Tribal governments and approved racetracks and would be subject to a 10% tax on the daily total of sports wagers less the daily total of winnings by patrons; and WHEREAS, also on the November 2022 ballot is Proposition 27 which would allow online and mobile sports wagering with a $100 million license fee for operators, which may include corporations that partner with a California Tribe, in addition to a 10% tax on gross online sports betting revenue; and
WHEREAS, the City Council believes that Proposition 26 better serves the public good because it ensures that sports wagering is regulated and taxed, provides adults 21 and older who choose to participate in this activity do so at an experienced gaming facility that is highly regulated and safe, provides an in-person requirement that safeguards against underage gambling, prohibits marketing and advertisement of sports wagering to those younger than 21 years old, permits sports wagering only on professional, college or amateur or athletic events and prohibits of wagering on high school athletic events to protect students; and
WHEREAS, Proposition 26 would permit tribal governments to offer sport wagering, roulette and games played with dice within negotiated Tribal-state compacts, that provide revenues for state and local government services to support regulation needs and educational programs; and

AGENDA ITEM #8.10
Resolution No. 10334 supporting State Proposition 26 and opposing State ... Page 186 of 304 2 WHEREAS, Proposition 26 guarantees funding to prevent and treat problem gambling issues; and
WHEREAS, Proposition 27 contains none of the safeguards against underage gambling that are contained in Proposition 26, does not require or guarantee any revenues will be shared with local governments, and does not guarantee any funding for problem gambling treatment or prevention; and
WHEREAS, Proposition 26 is supported by the California District Attorneys Association, the Riverside Sheriff’s Association, and many other public safety organizations; and
WHEREAS, local tribes have expressed support for Proposition 26, and opposition to Proposition 27, and have requested that the City Council also express support for their position on these ballot measures; and WHEREAS, staff recommends that the City Council formally express support for Proposition 26, and opposition to Proposition 27 for the reasons set forth herein.

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

Section 1. Recitals.

That the recitals set forth above are true and correct and are hereby incorporated herein by this reference.

Section 2. Support for Proposition 26 and Opposition to Proposition 27 The City Council supports the passage of Proposition 26 and opposes passage of Proposition 27, both measures before the voters of the State of California as part of the November 2022 Election.

Section 3. Certification.

That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
/ / /
/ / /
/ / /
/ / /
/ / /

AGENDA ITEM #8.10
Resolution No. 10334 supporting State Proposition 26 and opposing State ... Page 187 of 304 3 PASSED, APPROVED AND ADOPTED this 19th day of October, 2022. __________________________

WAYMOND FERMON
MAYOR
ATTEST:
_________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK

AGENDA ITEM #8.10
Resolution No. 10334 supporting State Proposition 26 and opposing State ... Page 188 of 304 City of Indio
City Council
October 19, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: amount the in Inc. Recreation, of with Contract Construction Coast $170,085.06 for the Dr. Carreon Park Playground Renovation Project (Project No. PK2208).

RECOMMENDATION:

Approve the project plans and specifications for the Dr. Carreon Park Playground Renovation Project (Project No. PK2208); award a construction contract to Coast Recreation, Inc., in the amount of $170,085.06.

SUMMARY:

On September 9, 2022, the City received a proposal from Coast Recreation, Inc. for Dr. Carreon Park Playground area the is Inc. Recreation, (Project PK2208). No. Project Renovation Coast representative for Landscape Structures, who is the playtoy manufactu rer that provided the existing playtoy structure. To ensure that the new pieces fit the space and the new fall surface safely meets specifications for the increased fall height of the new play equipment, Coast Recreation, Inc. is being used for the renovation.

BACKGROUND INFORMATION:

The playground at Dr. Carreon Park was installed 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 re placement. 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. The proposed playground renovation will replace the worn web climber parts and the rubber fall surface.

Coast Recreations, Inc. offered two options for the climber replacement. The options were presented to the Community Services Commission at the September 20, 2022 meeting. The Community Services Commission members chose the option that included shade and more play opportunities for the children using the playground; this option is shown in Attachment 4.

The old web climber, footings and fall surface will be removed. The new climber parts includes; a 7 post disc net climber with shade , lolliladder, gyro twister, chinning bar, rush slide, tightrope and welcome sign. In addition, new rubber fall surfacing will be installed at the playtoy to accommodate the increased fall height of the new playtoy.

Coast Recreation, Inc. is properly li censed and qualified to perform the work. Staff recommends awarding the contract to Coast Recreation, Inc. in the amount of $170,085.06.

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 189 of 304

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$170,085.06 In current year budget: Yes
Current FY General
Fund Impact:
$170,085.06 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: General Fund (Measure X) Fund-Org-Object Reference:
101119-555007

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 - 07 Oct 2022 City Attorney, City Attorney Approved - 13 Oct 2022
Jorge Rodriguez, Accountant Approved - 13 Oct 2022
Bryan H. Montgomery, City Manager Approved - 13 Oct 2022

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 190 of 304 ATTACHMENT 1

VICINITY MAP

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 191 of 304

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 192 of 304 ATTACHMENT 2

COAST RECREATION PROPOSAL

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 193 of 304

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 194 of 304 ATTACHMENT 3

EXISTING PLAYTOY

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 195 of 304

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 196 of 304 ATTACHMENT 4

NEW PLAYTOY PLAN AND EVALUATIONS

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,...Page 197 of 304

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,...Page 198 of 304

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,...Page 199 of 304

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,...Page 200 of 304 ATTACHMENT 5

SOLE SOURCE LETTER FROM

COAST RECREATION

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 201 of 304

CA License # 1059735

3151 Airway Avenue, Suite A
-
5, Costa Mesa, CA 92626
∙

Office: (714) 619
-
0100 Fax
: (714)

619
-
0106

www.coastrecreation.com

∙

[email protected]

September

9 , 2022

RE: Landscape Structures Sales Rep

To whom it may concern,

This is
to

certify th
at

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]

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 202 of 304 ATTACHMENT 6

PLAYTOY WARRANTY

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 203 of 304

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 204 of 304

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 205 of 304

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 206 of 304

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 207 of 304 ATTACHMENT 7

CONSTRUCTION CONTRACT TEMPLATE

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 208 of 304 C-1
City Project: BD2209 City of Indio Public Works

CONTRACT

CITY OF INDIO CONTRACT FOR
DR. CARREON PARK PLAYGROUND RENOVATION PROJECT
CITY PROJECT NUMBER: PK2208
THIS CONTRACT (“Contract”) is made and entered this 19th day of October, 2022 (“Effective Date”), by and between the CITY OF INDIO, a California municipal corporation (“City”) and Coast Recreation, Inc., a California corporation (“Contractor”). Contractor’s California State Contractor’s license number: 1059735. Contractor’s DIR registration number: 2013239.

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, Standar d 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 Dr. Carreon Park Playground Improvement Project (“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 SEVENTY THOUSAND EIGHTY FIVE DOLLARS and SIX CENTS ($170,085.06) 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), A dditional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).

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

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

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

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 209 of 304 C-2
City Project: BD2209 City of Indio Public Works
provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

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

9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authori ty 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]

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 210 of 304 C-3
City Project: BD2209 City of Indio Public Works

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

CITY OF INDIO
By:

Bryan H. Montgomery
City Manager

ATTEST: APPROVED AS TO FORM:

By: By:

Cynthia Hernandez Steven Graham
City Clerk City Attorney

Dated: _____________________________ CONTRACTOR:

By:

Name:

Title:

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 211 of 304 C-4
City Project: BD2209 City of Indio Public Works
Exhibit ‘A’
Scope of Work and Compensation

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 212 of 304 C-5
City Project: BD2209 City of Indio Public Works
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 respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by 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 whi ch the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 213 of 304 C-6
City Project: BD2209 City of Indio Public Works
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompa nying 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.

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 214 of 304 C-7
City Project: BD2209 City of Indio Public Works
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 per formed 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

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 215 of 304 C-8
City Project: BD2209 City of Indio Public Works
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.

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 216 of 304 C-9
City Project: BD2209 City of Indio Public Works
WORKERS’ COMPENSATION

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

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

1. This certificate is issued to:

City of Indio
City Hall
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

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 217 of 304 GP-1
City Project: BD2209 City of Indio Public Works

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.

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 218 of 304 GP-2
City Project: BD2209 City of Indio Public Works
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, spare parts, photog raphs, 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 eff ective.

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 219 of 304 GP-3
City Project: BD2209 City of Indio Public Works
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 subcont ractors 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 Specifications, 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 Contr actor 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.

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 220 of 304 GP-4
City Project: BD2209 City of Indio Public Works

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 purpos e 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 inspection of the records s hall 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 record s 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 that it has studied th e 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 marke rs damaged as a result of the Work, vandalism, or accident shall be at the Contractor’s expense.

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 221 of 304 GP-5
City Project: BD2209 City of Indio Public Works
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 p rovisions 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 the 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, whether 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

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 222 of 304 GP-6
City Project: BD2209 City of Indio Public Works
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.

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 223 of 304 GP-7
City Project: BD2209 City of Indio Public Works
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.

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 224 of 304 GP-8
City Project: BD2209 City of Indio Public Works

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.

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 225 of 304 GP-9
City Project: BD2209 City of Indio Public Works
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

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 226 of 304 GP-10
City Project: BD2209 City of Indio Public Works
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:

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 227 of 304 GP-11
City Project: BD2209 City of Indio Public Works
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.

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 228 of 304 GP-12
City Project: BD2209 City of Indio Public Works
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

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 229 of 304 GP-13
City Project: BD2209 City of Indio Public Works
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”;

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 230 of 304 GP-14
City Project: BD2209 City of Indio Public Works

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:

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 231 of 304 GP-15
City Project: BD2209 City of Indio Public Works
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.

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 232 of 304 GP-16
City Project: BD2209 City of Indio Public Works
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

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 233 of 304 GP-17
City Project: BD2209 City of Indio Public Works
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,

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 234 of 304 GP-18
City Project: BD2209 City of Indio Public Works
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

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 235 of 304 GP-19
City Project: BD2209 City of Indio Public Works
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

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 236 of 304 GP-20
City Project: BD2209 City of Indio Public Works
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

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 237 of 304 GP-21
City Project: BD2209 City of Indio Public Works
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

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 238 of 304 GP-22
City Project: BD2209 City of Indio Public Works
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

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 239 of 304 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 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.

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 240 of 304 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 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

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 241 of 304 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. 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

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 242 of 304 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 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.

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 243 of 304 GP-27
City Project: BD2209 City of Indio Public Works
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.

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 244 of 304 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 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

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 245 of 304 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 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

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 246 of 304 GP-30
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 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.

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 247 of 304

EXHIBIT A

AGENDA ITEM #8.11
Construction Contract with Coast Recreation, Inc. in the amount of $170,... Page 248 of 304 City of Indio
City Council
October 19, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: A $1,700,000.00 construction contract change order with ATP General Engineering Contractors for various road improvements, and budget adjustments.

RECOMMENDATION:

Approve a $1,700,000.00 contract change order in a form acceptable to the City Manager fo r additional road and pavement rehabilitation improvements to be performed by ATP General Engineering Contractors, and direct the Finance Department to adjust appropriations as reflected in the financial summary section of the report.

SUMMARY:

On February 2, 2022, the City Council awarded a multi -year $8,106,443.00 construction contract to ATP General Engineering Contractors for pavement rehabilitation work across the City. Staff recommends adding $1,700,000.00 to the existing contract for addit ional road and pavement rehabilitation improvements.

BACKGROUND INFORMATION:

In accordance with the City’s Pavement Management System Plan, each year specific streets and roads are rehabilitated to increase roadway life. Asphalt grind and overlay treatment is the most cost- effective method of repairing residential and arterial roads. Attachment 1 includes a map of the streets and roads to receive a grind and overlay through the current contract with ATP General Engineering Contractors. Staff is seeking approval of a $1,700,000.00 contract change order (CCO) to complete additional roadwork as described below and summarized in Table 1.

CCO #1: Old Ralph’s Parking Lot
The parking lot off of Highway 111 and Las Palmas Road needs to be rehabilitated. In addition, the alleyways off of Valencia Avenue between Palm Street and Biskra Street are in very poor condition.

The City has received complaints from residents having difficulties rolling their trash cans along the alleys to be picked up by Burrtec. Upon approval, the change order with ATP will include $88,081.65 to complete this roadway improvement.

Table 1
CCO # Description Total Indio Share Other Agency
Share
1 Old Ralph’s
Parking Lot $ 88,081.65 $ 88,081.65
AGENDA ITEM #8.12
Construction Contract change order with ATP General Engineering Contract... Page 249 of 304 Table 1
2 Revised Signing
and Striping $ 39,721.50 $ 39,721.50
3 (ST2301) Hjorth Street at
Avenue 50 $ 134,958.00 $ 134,958.00
4 (ST2210) Jefferson Street
and Highway 111 $ 899,300.52 $ 506,712.69 $392,587.83
5 Utility
Adjustments $ 56,375.00 $ 56,375.00
6 County Streets $ 481,563.33 $481,563.33
Total $1,700,000.00 $825,848.84 $874,151.16

CCO#2: Revised Signing and Striping
ATP will improve existing crosswalk striping to new ladder crosswalk stripping in various areas. Upon approval, the change order with ATP General Engineering will include $39,721.50 to complete these improvements.

CCO #3: Hjorth Street at Avenue 50
In a ccordance with the approved FY 22/23 Capital Improvement Plan, upon approval of the recommended $134,958.00 charge order with ATP, Hjorth Street at Avenue 50 will be widen to provide sufficient space for a right turn lane from southbound Hjorth Street to w estbound Avenue 50 (Project No. ST2301). This additional space will improve traffic circulation for the Coachella Valley Music and Arts Festival as well as the Stagecoach Festival. Staff worked with Albert A. Webb Associates to detail an exhibit for this work. A copy of this exhibit is included as Attachment 2. The work will include grinding the existing pavement and placing a new pavement section to widen the road. This project is funded with Gas Tax funds. Upon approval, the change order with ATP will include $134,958.00 to complete these improvements.

CCO #4 Jefferson Street and Highway 111
The City received a request from the City of La Quinta to jointly improve the intersection of Highway 111 and Jefferson Street. The ride within the intersecti on is rough and noisy, especially northbound and southbound. The improvements would also improve drainage through the intersection. On May 15, 2022, City Council approved a Cooperative Agreement between the City of Indio and City of La Quinta for the design of these improvements and subsequently included the project in this year’s CIP (Project No. ST2210). The designer, Albert A. Webb Associates, recommended a grind overlay of the Highway 111 and Jefferson Street Intersection and all four legs leading up t o the intersection. The work includes updating the curb ramps to current American with Disabilities Act standards. A copy of this exhibit is included as Attachment 3. Due to the similarity between the recommended improvements and the scope of work for the City’s Pavement Management Project, the City requested a quote from ATP to add this intersection into their scope of work. The City of La Quinta has agreed to fund 50% of the portion that includes rehabilitating the intersection within the curb returns, as well as the northern leg within the City of La Quinta. Upon approval, the change order with ATP will include $899,300.52 to complete these improvements.

CCO#5: Utility Adjustments
ATP General Engineering will adjust utility valves and manholes that will improve traffic rideability.

Upon approval, the change order with ATP General Engineering will include $56,375.00 to complete these improvements.

CCO#6: County Streets

AGENDA ITEM #8.12
Construction Contract change order with ATP General Engineering Contract... Page 250 of 304 The County of Riverside reached out to the City to participate and extend the work along Dillon Road to include their portion of the street. Upon approval, the change order with ATP will include $481,563.33 to complete these improvements. These improvements will be paid completely by the County.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$1,700,000.00 In current year budget: Yes
Current FY General
Fund Impact:
$278,412.00 Budget adjustment: Yes
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: Fund-Org-Object
Reference:

Various

Additional Financial Details:

Overall, the scope of additional work will increase the ATP contract from $8,106,443.00 to $9,806,443.00. Most of the additional roadwork is already included in the approved budget, inclusive of outside funding from the County and the City of La Quinta. Cost estimates for the City of La Quinta and the County of Riverside are taken from the latest estimates provided by ATP. La Quinta and County improvements are contingent upon receiving an agreement from each agency. Funding for all projects is summarized below:

Fund Source Amount
ST2210 – DIF Storm Drain (Fund 311) $ 116,701.00
ST2210 – DIF Roads (Fund 312) $ 270,299.00
ST2301 – Gas Tax (Fund 210) $ 160,000.00
City of La Quinta Share $ 392,588.00
County of Riverside Share $ 482,000.00
City General Fund, Fund Balance $ 278,412.00
Total $1,700,000.00

General Fund resources are being allocated for the Old Ralph’s Parking Lot ($88,081.65), Revised Signing and Striping ($39,721.50), Jefferson Street and Highway 111 ($94,233.85), and Utility Adjustments ($56,375.00); for a total City General Fund cost of $278,412.00. The following budget adjustments allow staff to move forward with the projects, utilizing prior-year City savings:

Increase appropriations:
1011190-581003 Transfers Out $278,412.00

Expected offset:
101-305005 Unassigned Fund Balance $278,412.00

Increase appropriations:
300-523006 Construction $278,412.00

Increase estimated revenue:
300-408305 Transfer In $278,412.00

AGENDA ITEM #8.12
Construction Contract change order with ATP General Engineering Contract... Page 251 of 304

ATTACHMENTS:

Attachment 1
Attachment 2
Attachment 3

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 12 Oct 2022 Steven Graham, City Attorney Approved - 14 Oct 2022
Jorge Rodriguez, Accountant Approved - 14 Oct 2022
Bryan H. Montgomery, City Manager Approved - 14 Oct 2022

AGENDA ITEM #8.12
Construction Contract change order with ATP General Engineering Contract... Page 252 of 304 ATTACHMENT 1
FY 21/22 PAVEMENT MANAGEMENT EXHIBIT

AGENDA ITEM #8.12
Construction Contract change order with ATP General Engineering Contract... Page 253 of 304

AGENDA ITEM #8.12
Construction Contract change order with ATP General Engineering Contract... Page 254 of 304 ATTACHMENT 2

HJORTH STREET IMPROVEMENT EXHIBIT

AGENDA ITEM #8.12
Construction Contract change order with ATP General Engineering Contract...Page 255 of 304

WEBBNWES

AGENDA ITEM #8.12
Construction Contract change order with ATP General Engineering Contract...Page 256 of 304 ATTACHMENT 3
HIGHWAY 111 AND JEFFERSON STREET IMPROVEMENT EXHIBIT

AGENDA ITEM #8.12
Construction Contract change order with ATP General Engineering Contract...Page 257 of 304 © 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS T
T

WEBBNWES
CITY OF INDIOHIGHWAY 111 AND JEFFERSON STREET----SCALE

AGENDA ITEM #8.12
Construction Contract change order with ATP General Engineering Contract...Page 258 of 304 City of Indio
City Council
October 19, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Procurement of twenty (20) Ford Police Interceptor SUVs AWD, based upon the lowest bid, for $1,777,543.20, including the costs for up fitting.

RECOMMENDATION:

Authorize the purchase of twenty (20) Ford Police Interceptor SUVs AWD from Duval Ford of Jacksonville, Florida, for an amount not to exceed $1,258,933.60, based upon the lowest bid; and authorized the up fitting of those twenty (20) police vehicles by Dana Safety for a cost not to exceed $518,609.60

SUMMARY:

Twenty (20) police vehicles have met the City’s criteria for replacement. The timely replacement of aged and worked police vehicles insures that police officers continue to have reliable support vehicles for the course of their work. Replacing aged and worked vehicles also helps the City avoid excessive repair and maintenance costs that tend to rise as vehicles age. After significant research efforts by Police Department staff working in conjunction with Fleet Maintenance staff, procuring the vehicles from Duval Ford of Jacksonville, Florida is the City’s best available option.

BACKGROUND INFORMATION:

There are twenty (20) police vehicles that need replacing. These vehicles are emergency response vehicles that have met or exceeded their useful lifecycle. Upon approval, twenty (20) new Ford Police Interceptor SUVs AWD will be purchased and up fitted with the newest technology and equipment, providing needed dependable emergency-response vehicles for our Police Department.

The City solicited quotes from various Ford dealers and various up -fitting companies. Those quotes are summarized below. Shortly after receiving quotes from three vendors, the City was informed that the Ford Motor Company was no longer taking orders, presumably because orders exceeded available stock. However, further research identified one out of state dealer who had successfully placed an order with Ford for police Interceptor SUVs AWD. Duval Ford of Jacksonville, Florida can fulfill the City’s request for twenty (20) Ford Police Interceptor SUVs AWD and provide those vehicles to the City at a price lower than what was offered by other local and nearby dealers.

Duval Ford, Jacksonville, FL $68,486.40 Available Fiesta Ford, Indio, CA $69,100.60 No longer available Fritts-Ford, Riverside CA $69,327.85 No longer available Ken-Grody, San Bernardino, CA $73,623.48 No longer available

AGENDA ITEM #8.13
Procurement of twenty (20) Ford Police Interceptor SUVs AWD, based upon ... Page 259 of 304 The above vehicle quotes are for vehicles equipped with an Eco Boost Police Engine, which has much higher horsepower and torque. In collaboration with the Chief of Police, staff determined that the slightly less powerful engine would suffice for our operation in Indio. The vendor quote on the regular gas engine (3.3 L) is less expensive and can be purchased for $62,946.68

The City also solicited quotes for up fitting 20 police vehicles and those quotes are summarized below:

Johnson-Perris-CA $25,850.00, No units to work on 10-8 Retro-Ontario $25,854.81, No units to work on Dana Safety Supply, -Canoga Park, CA $25,930.48, able to work with Duval Ford West-Coast-Riverside-CA $27,964.32, No units to work on

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$1,777,543.20 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: Vehicle Replacement Funds Fund-Org-Object Reference:

APRA Fund 241

Additional Financial Details:

As part of the adopted FY 22/23 budget, the City Council set aside American Rescue Plan Act funds for vehicle and equipment purchases. In accordance with that budget plan, ARPA funds will be used to purchase and up fit the twenty new police vehicles.

ATTACHMENTS:

Attachment 1

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 07 Oct 2022 City Attorney, City Attorney Approved - 13 Oct 2022
Hernan Vargas, Accountant Approved - 13 Oct 2022
Bryan H. Montgomery, City Manager Approved - 13 Oct 2022

AGENDA ITEM #8.13
Procurement of twenty (20) Ford Police Interceptor SUVs AWD, based upon ... Page 260 of 304 ATTACHMENT 1

RECOMMENDED VEHICLE REPLACEMENT LIST

AGENDA ITEM #8.13
Procurement of twenty (20) Ford Police Interceptor SUVs AWD, based upon ...Page 261 of 304 IPD Vehicle Replacement List
# Year Unit Type VIN IPD Miles Years in service
1 2004 340 Under Cover 2FAFP73W24X150140 IPD 101,818 18 2 2003 354 Patrol Unit 2FAHP71WX3X156343 IPD 89,609 19
3 2004 510 Patrol Unit 2FAHP71W74x177000 IPD 123,462 17 4 2005 624 Patrol Unit 2FAHP71W35X172385 IPD 85,481 17
5 2005 625 Patrol Unit 2FAHP71W95X172374 IPD 141,222 17 6 2005 626 Patrol Unit 2FAHP71W55X172369 IPD 94,344 17
7 2007 683 Patrol Unit 2FAHP71W77X15998 IPD 70,047 15
8 2007 684 Patrol Unit 2FAHP71w17X153210 IPD 109,897 15 9 2008 758 Patrol Unit 2FAHP71V88X135375 IPD 123,337 14 10 2007 789 Under Cover 2FAFP71W77X132532 IPD 114,459 15 11 2008 793 Patrol Unit 2FAHP71VX8X135376 IPD 156,760 14 12 2008 794 Patrol Unit 2FAHP71V48X135373 IPD 122353 14 13 2008 795 Patrol Unit 2FAHP71V68X135374 IPD 113,595 14 14 2008 833 Patrol Unit 2FAFP71VX8X150466 IPD 113,358 14 15 2008 851 Under Cover 2FAFP71V18X172596 IPD 172,289 14 16 2009 910 Patrol Unit 2FAHP71V39X143594 IPD 72,449 13 17 2010 938 Patrol Unit 2FABP7BV6AX101395 IPD 97,788 12 18 2010 950 Under Cover 2FABP7BV9AX101679 IPD 101,885 12 19 2010 958 Patrol Unit 2FABP7BV6AX117788 IPD 114,182 12 20 2015 1177 Patrol Unit 1FM5K8AR9GGB35907 IPD 31,998 7- Accident-Totaled

AGENDA ITEM #8.13
Procurement of twenty (20) Ford Police Interceptor SUVs AWD, based upon ...Page 262 of 304 City of Indio
City Council
October 19, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Steven Graham, City Attorney
Subject: Reconsideration of the circumstances of the COVID -19 state of emergency and determine that the legislative bodies of the City of Indio will continue to hold meetings via teleconferencing pursuant to the findings set forth in Government Code Section 54953(e)(3).

RECOMMENDATION:

The City Council has (i) reconsidered the circumsta nces of the COVID -19 state of emergency; and (2) finds that the state of emergency continues to directly impact the ability of the members of the City’s legislative bodies to meet safety in person and Cal OSHA continues to recommend measures to promote social distancing.

SUMMARY:

To continue to have the ability to meet remotely pursuant Government Code Section 54953(e) (AB 361), the City Council must make certain finings no later than 30 days after teleconferencing for the first time pursuant to AB 361, and every 30 days thereafter. The City Council reconsiders the findings it previously made and then makes a determination of whether the State’s COVID -19 declared state of emergency continues to impact the ability of all of the members of the City’s legislative bodies from meeting sa fely in person and as a result of the state of emergency, meeting in person presents imminent risks to the health and safety of attendees. Accordingly, the City Council has previously held that the City's legislative bodies may continue to use virtual tele conferenced meetings in compliance with Government Code Section 54953(e).

BACKGROUND INFORMATION:

The City Council and its legislative bodies have met remotely throughout the pandemic to protect the health and safety of the public and staff. The factual circumstances exist for the City’s legislative bodies to continue to hold meetings pursuant to AB 361. The state of emergency is still in effect and the City Council has previously reconsidered the findings and determined that the state of emergency continues to directly impact the ability of members of the City's legislative bodies to meet safely in person.

Since the beginning of the year, there have been several COVID -19 variants, including the Delta variant, the Omicron variant (which was prevalent i n the beginning of the year), and the subvariant BA2, which is sometimes referred to as the "stealth omicron" and is a subvariant of Omicron. With the start of the summer, the number of coronavirus cases has significantly increased. In addition, there are two new Omicron strains (BA.4 and BA.5) that have become dominant.

AGENDA ITEM #8.14
Reconsideration of the circumstances of the COVID-19 state of emergency ... Page 263 of 304 During the month of July in Riverside County, COVID -19 cases and hospitalizations continued to increase along with many other counties in Southern California. For example, between Jul y 8th and July 11th, Riverside County added 4,238 new cases. Between July 13 and July 20th, there were 814 cases reported. Towards the end of July, the case number decreased to 746 cases for the reporting period ending July 27th. While COVID-19 cases continue to remain high, the numbers are decreasing.

In the City of Indio, for the reporting period ending July 27th, Indio had an increase of 181 cases, 1 additional death and 320 recoveries.

Notwithstanding the lifting of the universal mask mandate, Cal OSHA Emergency Temporary Standards continue to recognize the importance of social distancing and states that the fact that particles containing the virus can travel more than six feet, especially indoors, training and instruction should be given to employees in that regard as well as inform that physical distancing, face coverings, increased ventilation indoors, and respiratory protection decrease the spread of COVID -19 and are most effective when used in combination.

Accordingly, it remains prudent that we monitor and continue the flexibility of a hybrid format will allow the continuation of the City’s business so that Council or Commission meetings would not have to be cancelled should members have health concerns or are sick and would provide the flexibility to each member of a legislative body to determine for themselves based on their own health matters whether attending a meeting will be risk to their health and safety or to those attending the meeting.

Even if the City Council continues to make the findings as required, the City Council and each of the City’s commissions can continue to meet in person and the chambers can continue to stay open. This determination does not require that meetings only be held remotely. This determination, howev er, would allow the City to make adjustments if needed (temporarily closing the chambers to the public) should COVID-19 continue to rapidly rise or the new variants threaten the health and safety of the public including staff and members of the City’s legislative bodies.

In conclusion, by reconsidering the circumstances of the state of emergency created by the COVID19 pandemic and finding that the state of emergency continues to directly impact the ability of the members to meet safely in person, the publ ic meetings of the City of Indio can continue to be conducted by Zoom for the next 30 days.

AGENDA ITEM #8.14
Reconsideration of the circumstances of the COVID-19 state of emergency ... Page 264 of 304 City of Indio
City Council
October 19, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Final Parcel Map for The City of Indio, a Municipal Corporation, Parcel Map No. 38387, generally located on the northeast corner of Monroe Street and John Nobles Avenue

RECOMMENDATION:

Find that the Final Map conforms to all applicable requirements of the Subdivision Map Act and the City’s Subdivision Or dinance; approve the Final Parcel Map for The City of Indio, a Municipal Corporation, Parcel Map No. 38387, generally located on the northeast corner of Monroe Street and John Nobles Avenue; and authorize the City Clerk to attest the approved Parcel Map upon completion of any technical corrections required by the City Engineer.

SUMMARY:

The proposed Parcel Map No. 38387 is generally located on the northeast corner of Monroe Street and John Nobles Avenue. The Final Map will result in six (6) parcels including dedication for the required right-of-way per the Mobility Element of the City General Plan to facilitate future development.

All the offsite improvements are in place, and the only improvements required are associated with the future development of the onsite facilities.

BACKGROUND INFORMATION:

Final Parcel Map No. 38387 will subdiv ide 19.59 acres of land, consisting of fifty -eight (58) existing parcels of land into six (6) individual parcels, including dedication of the required right-of-way per the Mobility Element of the City General Plan to facilitate future development. The subject site is located at the northeast corner of Monroe Street and John Nobles Avenue (Assessor Parcel Numbers 614 - 100-001 thru 614-100-023 & 614-101-001 thru 614-101-039).

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

AGENDA ITEM #9.1
Final Parcel Map for The City of Indio, a Municipal Corporation, Parcel ... Page 265 of 304 Additional Financial Details:

None.

ALTERNATIVES:

ATTACHMENTS:

Attachment 1

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 07 Oct 2022 City Attorney, City Attorney Approved - 13 Oct 2022
Jorge Rodriguez, Accountant Approved - 13 Oct 2022
Bryan H. Montgomery, City Manager Approved - 13 Oct 2022

AGENDA ITEM #9.1
Final Parcel Map for The City of Indio, a Municipal Corporation, Parcel ... Page 266 of 304 ATTACHMENT 1

VICINITY MAP

AGENDA ITEM #9.1
Final Parcel Map for The City of Indio, a Municipal Corporation, Parcel ... Page 267 of 304 ATTACHMENT - 1

COUNCIL MEETING DATE

APPLICANT
SUMMARY:

N
W E

E N G I N E E R I N G S E R V I C E S
LEGEND

PROJECT

LOCATION
OCTOBER 19, 2022 THE PROPOSED PARCEL MAP No. 38387 ,

GENERALLY LOCATED ON THE NORTHEAST CORNER OF MONROE
STREET AND JOHN NOBLES AVENUE. THE FINAL MAP WILL RESULT IN SIX (6) PARCELS INCLUDING DEDICATION FOR THE

REQUIRED RIGHT-OF-WAY PER THE MOBILITY ELEMENT OF THE
CITY GENERAL PLAN TO FACILITATE FUTURE DEVELOPMENT. ALL

THE OFFSITE IMPROVEMENTS ARE IN PLACE, AND THE

ONLY IMPROVEMENTS REQUIRED ARE ASSOCIATED WITH THE
DEVELOPMENT OF THE ONSITE FACILITIES.

V I C I N I T Y M A P
S

NOT TO SCALE

CITY OF INDIO
AVENUE 48

MADISON ST

JACKSON ST

MONROE ST
PM 38387
HWY 111

CLINTON STDR CARREON BLVD

RUBIDOUX ST

JOHN NOBLES AVE

AGENDA ITEM #9.1
Final Parcel Map for The City of Indio, a Municipal Corporation, Parcel ... Page 268 of 304 City of Indio
City Council
October 19, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Mike Washburn, Chief of Police
Subject: Ordinance No. 1787 amending Chapter 93, Chapter 101, and Chapter 130 of the Indio Municipal Code relating to Safe and Sane Fireworks, and the use Possession and Use of Dangerous Fireworks, introduce the ordinance by title only and request the City Clerk to read the title.

RECOMMENDATION:

Waive Full reading of Ordinance No. 1787 , An Ordinance of the City Council of the City of Indio Amending Chapter 93, Chapter 101, and Chapter 130 of the Indio Municipal Code Relating to Safe and Sane Fireworks, and the use Possession and Use of Dangerous Fireworks, introduce the ordinance by title only and request the City Clerk to read the title.

SUMMARY:

The City of Indio currently allows for the sale of Safe and Sane fireworks between June 28th and July 6th each year. This current ordinance contains no restrictions on using Safe and Sane fireworks or the hours in which they can be used. As such, Safe and Sane fireworks can be used year-round and at any time of the day or night. The proposed ordinance will restrict fireworks use to the hours of 9:00 a..m. to 10:00 p.m. The proposed ordinance will also declare the illegal fireworks a public nuisance and allow for the issuance of Administrative Citations to property owners and tenants when the illegal fireworks are discharged or if Safe and Sane fireworks are used in a manner not allowed by this ordinance.

BACKGROUND INFORMATION:

Safe and Sane fireworks h ave been allowed in the City of Indio for over 20 years. The current ordinance authorizing the sale of Safe and Sane fireworks was adopted in 2003 and has not been modified since then. Nine (9) permits are issued to local non-profit groups yearly via a lottery system.

The Indio Youth Taskforce is allocated one (1) of those permits each year. The remaining eight (8) permits are issued to a pool of applicants via a lottery selection process. Safe and Sane fireworks sales are allowed to start on June 28th at noon and continue until July 6th at noon. There are currently no restrictions on using Safe and Sane fireworks, which are often used late at night.

Along with the use of Safe and Sane fireworks around the 4th of July holiday, Indio has seen an increase in illegal aerial fireworks throughout the year. These dangerous fireworks have caused numerous vegetation and structure fires in recent years. Using dangerous fireworks is a crime under state law. It is often difficult to charge a person with this crime as they have to be "caught" in the act before a citation could be issued or an arrest made.

AGENDA ITEM #9.2
Ordinance No. 1787 amending Chapter 93, Chapter 101, and Chapter 130 of ... Page 269 of 304

The proposed ordinance will modify the City Municipal Code to allow staff to respond to the year - round use of dangerous fireworks, create "quiet hours" for Safe and Sane firework use, and allow for the issuance of Administrative Citations to property owners who allow their use. The proposed ordinance also contains numerous language changes to modernize and align the code with the current state fire code.

ATTACHMENTS:

Attachment 1 - Ordinance 1787

APPROVAL(S):

Mike Washburn, Chief of Police Approved - 06 Oct 2022
City Attorney, City Attorney Approved - 13 Oct 2022
Samantha Lopez, Finance Manager Approved - 13 Oct 2022
Bryan H. Montgomery, City Manager Approved - 13 Oct 2022

AGENDA ITEM #9.2
Ordinance No. 1787 amending Chapter 93, Chapter 101, and Chapter 130 of ... Page 270 of 304

ORDINANCE NO. 1787

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, AMENDING CHAPTER 101 (SAFE AND SANE FIREWORKS)

OF TITLE IX (GENERAL REGULATIONS), AMENDING SUBDIVISION (H) OF SECTION 93.07 (AMENDMENTS AND ADDITIONS TO THE FIRE CODE) OF CHAPTER 93 (FIRE CODE) OF TITLE IX (GENERAL REGULATIONS), AMENDING SECTION 130.82 (DEFINITIONS) OF THE SUBSECTION

ENTITLED SOCIAL HOST RESPONSIBILITY AND LOUD OR UNRULY
EVENTS, AND AMENDING SECTION 130.999 (PENALTY) OF CHAPTER 130 (OFFENSES AGAINST PERSON OR PROPERTY) OF TITLE XIII (GENERAL

PROVISIONS) OF THE INDIO MUNICIPAL CODE, TO INCREASE THE

PENALTIES FOR CERTAIN FIREWORKS VIOLATIONS AND TO REVISE

CERTAIN PROVISIONS RELATING TO FIREWORKS DEFINITIONS,

RESPONSIBILITY AND ENFORCEMENT
WHEREAS, the City of Indio, pursuant to its police power, may adopt regulations to protect the health, safety, and welfare of the public under California Constitution, Article XI, Section 7 and California Government Code Section 37100, and thereby is authorized to declare what use or condition constitutes a public nuisance; and WHEREAS, the City has the authority under California Government Code Section 53069.4 to issue administrative citations for violations of the City’s ordinances and impose administrative fines and penalties for such violations; and further has authority pursuant to Health and Safety Code Section 12557 for the imposition of fines related to persons who possess, sell, use and/or display, and/or the seizure of, 25 pounds or less (gross weight) of dangerous fireworks; and
WHEREAS, pursuant to Subdivision (H)(1) of Section 93.07 (Amendments and Additions to the Fire Code) and Chapter 101 (Safe and Sane Fireworks) of Title IX (General Regulations) of the Indio Municipal Code, the City has established a Safe and Sane Fireworks Permit Process for fireworks classified as “safe and sane fireworks” by the State Fire Marshal, and which do not come within the definition of “dangerous fireworks” or “exempt fireworks” under California Health & Safety Code Sections 12505 and 12508; and\
WHEREAS, despite the existing permit process in the Indio Municipal Code, people within the City illegally use “safe and sane” fireworks and other much more powerful and dangerous fireworks on or near the Fourth of July holiday and also during or near other entertainment and cultural events and festivals throughout each year; and WHEREAS, the use and discharge of illegal dangerous fireworks, including rockets, roman candles, aerial cakes, firecrackers, missiles, shells, flying spinners, mines and other fireworks that explode, go into the air, or move on the ground in an uncontrollable manner, in the City’s local streets and neighborhoods has increasingly

AGENDA ITEM #9.2
Ordinance No. 1787 amending Chapter 93, Chapter 101, and Chapter 130 of ... Page 271 of 304

become difficult to police and overly burdensome on the City’s police and fire resources; and
WHEREAS, the City Council finds that it is in the interest of the health, safety and welfare of the City to declare it unlawful to possess, manufacture, sell, use or discharge “dangerous fireworks” and to increase the penalties imposed for violations related to all fireworks; and
WHEREAS, the City Council finds that holding the owner or tenant of private property responsible for unlawful activity that occurs at such property is an established and effective method of reducing unlawful activity, particularly where officers rarely witness the individual unlawfully discharging dangerous fireworks; and WHEREAS, the City Council finds that it is in the interest of the health, safety and welfare of the City to hold owners and tenants of private property responsible for the unlawful use, discharge, possession, storage and sale of dangerous fireworks on their property.

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

Section 1. Subsection (H) of Section 93.07 (Amendments and Additions to the Fire Code) of Chapter 93 (Fire Code) of Title IX (General Regulations) of the Indio Municipal Code is hereby amended to read as follows (deletions are marked by strike- outs; additions are marked by highlights):
“(H) Chapter 56 EXPLOSIVES AND FIREWORKS.
(1) Section 5608.2 is hereby added to the Fire Code to read as follows:

Section 5608.2 Safe and Sane Fireworks.

Safe and Sane Fireworks shall be permitted as set forth in Chapter 101, Fireworks, of Title IX;, General Regulations, Chapter 101 of the City of Indio Municipal Code, Safe and Sane Fireworks.”
Section 2. Chapter 101 (Safe and Sane Fireworks) of Title IX (General Regulations) of the Indio Municipal Code is hereby amended in its entirety to read as shown in Exhibit “A,” attached hereto and incorporated herein by this reference.

Section 3. Section 130.82 (Definitions) of the Subsection entitled “Social Host Responsibility and Loud or Unruly Events” of Chapter 130 (Offenses Against Persons or Property) of Title XIII (General Provisions) are amended to add the following definitions in alphabetical order, and all other definitions shall remain unchanged (deletions are marked by strike-outs; additions are marked by highlights):
“DANGEROUS FIREWORKS. Has the same meaning ascribed to it in Cal. Health and Safety Code § 12505, and Section 101.02 of this code, as presently adopted or further

AGENDA ITEM #9.2
Ordinance No. 1787 amending Chapter 93, Chapter 101, and Chapter 130 of ... Page 272 of 304

amended from time to time.

LOUD OR UNRULY EVENT. Loud or unruly conduct arising from an Event.

Such loud or unruly conduct includes, but is not limited to:
(1) Excessive noise;
(2) Excessive traffic or gridlock;
(3) Obstruction of public streets or crowds that have spilled into public streets; (4) Public drunkenness or unlawful public consumption of alcoholic beverages or controlled substances;
(5) Service to, or consumption of alcoholic beverages or controlled substances by any minor except as permitted by law;
(6) Assaults, batteries, fights, domestic violence or other disturbances of the peace;
(7) Vandalism;
(8) Litter;
(9) Lewd acts; or
(10) Dangerous Fireworks; or
(10)(11)Any conduct which constitutes a threat to public health, safety, quiet enjoyment of property or general welfare.

Section 4. Section 183A is hereby added to the Subsection entitled “Social Host Responsibility and Loud or Unruly Events” of Chapter 130 (Offenses Against Persons or Property) of Title XIII (General Provisions) to read as follows (additions are marked by highlights):
Ҥ 130.183A SOCIAL HOST OBLIGATIONS -- DANGEROUS FIREWORKS.

It is unlawful for any person(s) to conduct, permit, allow, or host an event at his or her place of residence or other private property or host an event at a public place under his or her control where dangerous fireworks are being sold, offered for sale, discharged, used or manufactured.”
Section 5. Subdivision (G) is hereby added to Section 130.999 (Penalty) of Chapter 130 (Offenses Against Persons or Property) of Title XIII (General Provisions) to read as follows (deletions are marked by strike-outs; additions are marked by

AGENDA ITEM #9.2
Ordinance No. 1787 amending Chapter 93, Chapter 101, and Chapter 130 of ... Page 273 of 304

highlights)
“F (1) Dangerous Fireworks -- Criminal Misdemeanor Penalty. Any person violating any provisions of § 180.183A of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the city or county jail not exceeding six (6) months, or by both such fine and imprisonment. (2) In addition to any other penalties provided by law, whenever the enforcement official, as that term is defined in § 11.02, determines that a violation of § 130.183A has occurred, the enforcement official shall have the authority to issue an administrative citation with administrative civil penalties to any responsible person, as that term is defined in § 11.02, pursuant to the procedures set forth in Chapter 11 (Administrative Citations) of Title 1 (General Provisions).

With respect to dangerous fireworks, the imposition of administrative fines and penalties under this Section is limited to persons who possess, use, sell and/or display, and/or the seizure of, twenty-five (25) pounds or less of dangerous fireworks.
(a) Use of the administrative citation procedure in Chapter 11 with respect to such violations of § 130.183A shall be at the sole discretion of the city.
(b) The amount of the administrative civil penalties imposed for administrative citations issued for such violations of § 130.183A shall be established by resolution of the City Council.
(3) A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of § 130.183A.
(4) Nothing in this chapter limits any of the penalties provided in the Cal. Health and Safety Code or Cal. Penal Code with regard to the unlawful transportation, use, discharge, possession, storage or sale of dangerous fireworks.
(5) The provisions of this subsection are in addition to any other penalty set forth in this chapter.”
Section 6. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Section 7. Savings Clause. Neither the adoption of this Ordinance nor the

AGENDA ITEM #9.2
Ordinance No. 1787 amending Chapter 93, Chapter 101, and Chapter 130 of ... Page 274 of 304

repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances.

Section 8. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Indio hereby declares that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 9. Publication. 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.

Section 10. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

PASSED, APPROVED AND ADOPTED this ____ day of ______, 2022. _____________________________________

WAYMOND FERMON, MAYOR
ATTEST:
________________________________

CYNTHIA HERNANDEZ, CMC CITY
CLERK
APPROVED AS TO FORM:
________________________________

STEVEN GRAHAM, CITY ATTORNEY
Attachment: Exhibit A (Amendments to Chapter 101 of Title IX of Indio Municipal Code)

AGENDA ITEM #9.2
Ordinance No. 1787 amending Chapter 93, Chapter 101, and Chapter 130 of ... Page 275 of 304

EXHIBIT A
TITLE IX: GENERAL REGULATIONS
CHAPTER 101, SAFE AND SANE FIREWORKS

CHAPTER AND SECTIONS ARE AMENDED IN THEIR ENTIRETY TO READ AS FOLLOWS (deletions are marked by strike-outs; additions are marked by highlights):
“CHAPTER 101: SAFE AND SANE FIREWORKS
§ 101.01 PURPOSE.
(A) The provisions of this chapter are intended to regulate the use of all fireworks to provide for the safety of the community and the prevention of fires. (B)The purpose of this chapter is to increase the efficiency in the administration of codes and ordinances through reorganization. This chapter details the definitions, responsibilities, prohibitions and enforcement relating to fireworks pursuant to an amendment to the Uniform California Fire Code as authorized by § 93.07. (B)(C)This chapter shall simultaneously serve as the added Article 78 Chapter 93 of the Uniform California Fire Code, amended pursuant to § 93.07 and referred to in division (F)subsection (H) therein.
§ 101.02 DEFINITIONS.
(A) For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGRICULTURAL AND WILDLIFE FIREWORKS. Has the same meaning ascribed to it under § 12503 of the Cal. Health and Safety Code, as presently adopted or further amended from time to time, and includes fireworks designed and intended by the manufacturer to be used to prevent damage to crops or unwanted occupancy of areas by animals or birds through the employment of sound or light, or both.

DANGEROUS FIREWORKS. Has the same meaning ascribed to it under §§ 12505 and 12561 of the Cal. Health and Safety Code, as presently adopted or further amended from time to time, and includes all of the following:
(1) Any fireworks which contain any of the following:
(a) Arsenic sulfide, arsenates, or arsenites.