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11/15/2016CITY OF GRAND TERRACE CITY COUNCIL AGENDA ● NOVEMBER 15, 2016 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 The City of Grand Terrace complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk’s office at (909) 824-6621 at least 48 hours prior to the meeting. If you desire to address the City Council during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk. Speakers will be called upon by the Mayor at the appropriate time. Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk’s office at City Hall located at 22795 Barton Road during normal business hours. In addition, such documents will be posted on the City’s website at www.grandterrace.-ca.gov <http://www.grandterrace-ca.gov> CALL TO ORDER Convene City Council INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Attendee Name Present Absent Late Arrived Mayor Darcy McNaboe    Mayor Pro Tem Sylvia Robles    Council Member Jackie Mitchell    Council Member Doug Wilson    Council Member Bill Hussey    A. SPECIAL PRESENTATIONS Presentation of Commendation to San Bernardino County Sheriff's Department Captain Stephen Dorsey Child Care Center Update Agenda Grand Terrace City Council November 15, 2016 City of Grand Terrace Page 2 B. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the City Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent calendar for discussion. 1. Waive Full Reading of Ordinances on Agenda DEPARTMENT: CITY CLERK 2. Approval of Minutes – Regular Meeting – 10/25/2016 DEPARTMENT: CITY CLERK 3. Monthly Business License Report for September 2016 RECOMMENDATION: Receive and file the Monthly Business License Report for the period ending September 30, 2016. DEPARTMENT: FINANCE 4. Monthly Financial Report for September 2016 RECOMMENDATION: Receive and file the Monthly Financial Report for the period ending September 30, 2016. DEPARTMENT: FINANCE 5. Approval of Check Register No. 10312016 in the Amount of $671,095.73 RECOMMENDATION: Approve Check Register No. 10312016 in the amount $671,095.73 , as submitted, which includes the Check Register Account Index for Fiscal Year 2016-17. DEPARTMENT: FINANCE 6. Environmentally Preferable Purchasing and Practices Policy Required for CalRecycle Grant Programs RECOMMENDATION: Approve an Environmentally Preferable Purchasing and Practices Policy for CalRecycle Grant Eligibility DEPARTMENT: PUBLIC WORKS Agenda Grand Terrace City Council November 15, 2016 City of Grand Terrace Page 3 C. PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. D. CITY COUNCIL COMMUNICATIONS Council Member Bill Hussey Council Member Doug Wilson Council Member Jackie Mitchell Mayor Pro Tem Sylvia Robles Mayor Darcy McNaboe E. PUBLIC HEARINGS – NONE F. UNFINISHED BUSINESS 7. Award of Contract for HVAC Preventative Maintenance and Repair Services RECOMMENDATION: 1. Reject the lowest bid from Honeywell Building Solutions as unresponsive 2. Award a Contractor Agreement to ACCO Engineered Systems for HVAC Services 3. Authorize the City Manager to execute the Contract DEPARTMENT: PUBLIC WORKS 8. Zoning Code Amendment 16-03; an Ordinance Repealing and Replacing in Its Entirety Chapter 18.91 (Marijuana Regulations) of Title 18 of the Grand Terrace Municipal Code RECOMMENDATION: Read by title only, waive further reading and adopt an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DETERMINING THIS AMENDMENT IS EXEMPT PURSUANT TO SECTION 15061(b)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND AMENDING THE GRAND TERRACE MUNICIPAL CODE BY REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 18.91 (MARIJUANA REGULATIONS) OF TITLE 18 RELATING TO MARIJUANA ACTIVITY DEPARTMENT: PLANNING & DEVELOPMENT SERVICES Agenda Grand Terrace City Council November 15, 2016 City of Grand Terrace Page 4 G. NEW BUSINESS 9. Approve 5-Year Capital Improvement Program, Capital Projects Needs Analysis (CPNA) & Maintenance of Efforts Expenditure RECOMMENDATION: Adopt a Resolution that: 1. Approves the 5-Year Capital Improvement Program as presented and subject to annual update. 2. Authorizes the Maintenance of Efforts (MOE) expenditure in the amount of $115,156 from the General Fund required for Measure - I pass through money. 3. Adopts the Capital Projects Needs Analysis (CPNA) required for Measure - I Arterial funding. DEPARTMENT: PUBLIC WORKS 10. Municipal Code Amendment to Establish an Ordinance for the Impoundment of Vehicles Used for Illegal Dumping RECOMMENDATION: Waive further reading and Introduce an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA ADDING CHAPTER 8.116 TO TITLE 8 (HEALTH AND SAFETY) OF THE GRAND TERRACE MUNICIPAL CODE RELATING TO IMPOUNDMENT OF NUISANCE VEHICLES USED FOR ILLEGAL DUMPING DEPARTMENT: PLANNING & DEVELOPMENT SERVICES 11. Authorize the City Manager to Award Demolition Contract to Demolish the Structures at 22273 Barton Road RECOMMENDATION: Authorize the City Manager to Enter Into a Contract with the Lowest Responsible Bidder for Demolition of Structures located at 22273 Barton Road in an Amount not to Exceed Forty Seven Thousand Dollars ($47,000) DEPARTMENT: PLANNING & DEVELOPMENT SERVICES 12. City of Grand Terrace Assessment of Existing Park and Recreation System and Establishing Funding Priorities for Existing and New Parks RECOMMENDATION: Provide Staff Direction by Approving Funding Priorities for the use of Park Development Impact Fees to Refurbish, Expand and add new Facilities to the Park and Recreation System within the City of Grand Terrace. DEPARTMENT: CITY MANAGER Agenda Grand Terrace City Council November 15, 2016 City of Grand Terrace Page 5 13. Adoption of a Resolution Establishing a Policy on Existing Animal Licenses RECOMMENDATION: Adopt a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, ESTABLISHING A POLICY ON DOG LICENSING FOR THOSE ACCOUNTS THAT HAVE MORE THAN TWO LEGALLY LICENSED DOGS DEPARTMENT: PLANNING & DEVELOPMENT SERVICES 14. City Council Discussion on Advance Planning of 40 Acres North of Vivienda Avenue RECOMMENDATION: Staff requests that the City Council consider the options included in the conclusion of the Agenda Report, and direct staff accordingly. DEPARTMENT: PLANNING & DEVELOPMENT SERVICES 15. Award of Contract for Street Maintenance Services RECOMMENDATION: 1. Award a Contractor Agreement to Hardy and Harper, Inc. for Street Maintenance Services 2. Authorize City Manager to execute the Contract DEPARTMENT: PUBLIC WORKS H. BOARD, COMMISSION AND COMMITTEE UPDATES 16. Planning Commission Minutes - 08-25-2016 17. Planning Commission Minutes - 09-01-2016 18. Planning Commission Minutes - 09-15-2016 I. CITY MANAGER COMMUNICATIONS RECESS TO CLOSED SESSION J. CLOSED SESSION 19. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One Potential Case Agenda Grand Terrace City Council November 15, 2016 City of Grand Terrace Page 6 RECONVENE TO OPEN SESSION REPORT OUT OF CLOSED SESSION ADJOURN The Next Regular City Council Meeting will be held on Tuesday, December 13, 2016 at 6:00 p.m. Agenda item requests must be submitted in writing to the City Clerk’s office no later than 14 calendar days preceding the meeting. CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● OCTOBER 25, 2016 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 CALL TO ORDER Mayor McNaboe called the meeting to order at 6:00 p.m. Invocation was given by Pastor Alger Keough, Azure Hills Seventh Day Adventist Church. Pledge of Allegiance was led by Richard Peterson. ROLL CALL Attendee Name Title Status Arrived Darcy McNaboe Mayor Present Sylvia Robles Mayor Pro Tem Present Jackie Mitchell Council Member Present Doug Wilson Council Member Present Bill Hussey Council Member Present G. Harold Duffey City Manager Present Pat Jacquez-Nares City Clerk Present Richard Adams City Attorney Present Linda Phillips Child Care Present Yanni Demitri Public Works Director Present Sandra Molina Planning & Development Services Director Present Cynthia Fortune Finance Director Present Dan Wooters Battalion Chief Present Doug Wolfe Lieutenant Present A. SPECIAL PRESENTATIONS San Bernardino County Sheriff's Department1st Quarter (January - March) and 2nd Quarter (April - June) Statistics Report - Lt. Wolfe Lt. Wolfe provided a summary of the PowerPoint Presentation for this item. A Council and staff discussion ensued on the deputy reports and calls for service. The ability to have the Citizen's on Patrol Grand Terrace volunteers patrol within the City of Grand Terrace only. Additional information was requested and provided on what residents could do to deter burglars. B 2 Packet Pg. 7 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 2 5 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council October 25, 2016 City of Grand Terrace Page 2 . CONSENT CALENDAR Approved all consent calendar items. RESULT: APPROVED [UNANIMOUS] MOVER: Doug Wilson, Council Member SECONDER: Sylvia Robles, Mayor Pro Tem AYES: McNaboe, Robles, Mitchell, Wilson, Hussey 1. Waive Full Reading of Ordinances on Agenda WAIVED FULL READING OF ALL ORDINANCE ON THE AGENDA 2. Approval of Minutes – Regular Meeting – 10/11/2016 APPROVED THE MINUTES OF THE 10/11/2016 REGULAR MEETING 3. Monthly Financial Report for August 2016 RECEIVED AND FILED THE MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDING AUGUST 31, 2016. 4. Monthly Business License Report for August 2016 RECEIVED AND FILED THE MONTHLY BUSINESS LICENSE REPORT FOR THE PERIOD ENDING AUGUST 31, 2016. 5. Authority to Apply for Grant from CalRecycle Rubberized Pavement Grant Program APPROVED RESOLUTION NO. 2016-41, A RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY OF GRAND TERRACE IS ELIGIBLE. 6. Appointments to the Volunteer Emergency Operations Committee As amended 1) RE-APPOINTED PAUL TICKNER AND VIC PHENNIGHAUSEN TO NEW FOUR- YEAR VOTING MEMBER POSITIONS WITH TERMS EXPIRING ON JUNE 30, 2020; AND 2) RE-APPOINTED PETE PARSONS TO A NEW FOUR-YEAR ALTERNATE MEMBER POSITION WITH A TERM EXPIRING ON JUNE 30, 2020. 7. Amendment to CalPERS Health Contract for City Hall Employees ADOPTED RESOLUTION NO. 2016-42, A RESOLUTION OF THE CITY COUNCIL FIXING THE EMPLOYER CONTRIBUTION AT UNEQUAL AMOUNTS FOR 2 Packet Pg. 8 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 2 5 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council October 25, 2016 City of Grand Terrace Page 3 EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION C. PUBLIC COMMENT Bob Lavin, Freedom Wall Committee Chairman, invited everyone to the Veterans Day ceremony and park dedication scheduled for Friday, November 11, 2016 at 1:30 p.m. at Pico Park now Veterans Freedom Park. D. CITY COUNCIL COMMUNICATIONS Council Member Bill Hussey Council Member Hussey thanked everyone in attendance and Lt. Wolfe for his presentation. He and Mayor Pro Tem Robles did a fellowship at the senior center and there were some Veterans there that would like to place their names on the wall. Council Member Hussey already provided this information to Danny Flores. He also informed City Manager Duffey that there were several Veterans at the Senior Center that wanted to attend the ceremony on Friday and requested the use of the City's bus for this. He attended the High School football game on Friday it was a great event. Council Member Hussey along with Mayor McNaboe attended the Community Clean up day on October 22, 2016. He thanked the volunteers that organized it and the Titan players that also helped clean. He reported that at the CVS parking lot there was a lot of trash and requested to have someone inform them. Council Member Hussey requested additional trash cans along Vista Grande Way and have the Sheriff's patrol that area. He also requested that the replacement slide at Richard Rollins Park be expedited to ensure child safety and that the volunteer at the park has requested additional trash cans. Council Member Hussey thanked City staff for the upcoming dog clinic and requested that the participants have their dogs on leashes and that they control their dogs. Council Member Doug Wilson Council Member Wilson acknowledged the Emergency Operations Committee Members and requested that an item be put on the agenda to provide them with one of the three City pins in recognition of their years of service. He also acknowledged the Sheriff's Department especially Lt. Wolfe on a very busy month. Council Member Jackie Mitchell Council Member Mitchell thanked everyone that attended the meeting. She reported that she attended the anti-bullying rally at Terrace View Elementary School. She also participated in the second meeting of the annual Grand Terrace Holiday Event. Council Member Mitchell, with the assistance of City Manager Duffey, hosted a Girl Scout Troop tour of the Council chambers. She suggested that the City staff use heavy duty plastic 2 Packet Pg. 9 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 2 5 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council October 25, 2016 City of Grand Terrace Page 4 wrap on the slide to prevent its use. Council Member Mitchell stated she would be out of town next week and would work through the City Clerk to get a replacement to attend her Gangs & Drugs Taskforce meeting on November 2, 2016. Mayor Pro Tem Sylvia Robles Mayor Pro Tem Robles reported that the Chamber had a meet and greet candidate forum. The Senior Center also had an informal meet and greet. She attended the Grand Terrace Woman's League meeting. Mayor Pro Tem Robles praised the senior center meals and the new senior transportation services. Mayor Darcy McNaboe Mayor McNaboe provided a written summary of her report as follows: SANBAG - Metro Valley Study Session - October 13, 2016 Consent - Project Delivery · Recommend for approval - Construction Contract Change Orders to on-going SANBAG construction contracts with Ortiz Enterprises, Inc., Sully-Miller Contracting Company, Riverside Construction Company, Inc., Flatiron West, Inc. and MCM Construction, Inc Discussion - Project Delivery · Reviewed and recommended approval for Interstate 10/Alabama Street Improvement Project o A. Approve an exception to Measure I Strategic Plan Policy to allow the City of Redlands to act as the Sponsoring Agency o B. Approve Cooperative Agreement with the City of Redlands for all phases of the Project o C. Approve Cooperative Agreement with Caltrans for review and approval of the Project Study Report/Project Development Support for the Project pursuant Discussion - Regional/Subregional Planning · Receive a presentation about SANBAG’s “Customer-Based Ridesharing and Transit Interconnectivity Study.” · Reviewed and recommended submission of grand application to Caltrans and to the Southern California Association of Governments (SCAG) o A. Received information on proposed SANBAG grant applications under the Caltrans Sustainable Transportation Planning Grant Program and the 2016 SCAG Sustainability Planning Grant Program. o B. Authorize the SANBAG Executive Director to sign a letter of intent to support the projects under the 2016 SCAG Sustainability Planning Grant Program prior to receiving funding. 2 Packet Pg. 10 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 2 5 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council October 25, 2016 City of Grand Terrace Page 5 Discussion - Administrative Matters · Reviewed and voted to recommend rebranding of the San Bernardino Associated Governments and San Bernardino County Transportation Authority o A. Approve the new brand associated with the San Bernardino County Transportation Authority, effective January 1, 2017, concurrently with the effective date of SB 1305. o B. Approve the new brand associated with the San Bernardino Associated Governments, effective January 1, 2017, concurrently with the effective date of SB 1305. o C. Approve and authorize the Executive Director to execute and file such documents as are necessary to enable the San Bernardino Associated Governments to do business as the San Bernardino Council of Governments. 2. Monday, Oct 17 - Addressed the students at Terrace View Elementary as part of their Red Ribbon Week kickoff on. The focus of the week is the choices that are available to students, encouraging them to staff off drugs and value the choices they have available to them. Local businesses participated by reinforcing the students pledges to be drug free with discounts and giveaways - McDonalds, La Pasta, Chillz. 3. Wednesday, Oct 19 - Unity Day at Terrace View and Grand Terrace Elementary - encourage students to be kind to each other and put an end to bullying. 4. Saturday, Oct 22 - Foundation of Grand Terrace Keep Grand Terrace Clean and Beautiful Committee - Semi Annual clean up day - residents & members of the high school football team. E. PUBLIC HEARINGS 8. Zoning Code Amendment 16-03; an Ordinance Repealing and Replacing in Its Entirety Chapter 18.91 (Marijuana Regulations) of Title 18 of the Grand Terrace Municipal Code As revised. Planning & Development Services Director Molina introduced Deputy City Attorney Keith Collins. She also corrected packet page 58 to read City Council instead of Planning Commission. Deputy City Attorney Collins presented this staff report. Mayor McNaboe opened the Public Hearing at 6:41 p.m. There being no speakers in favor or opposition, Mayor McNaboe closed the Public Hearing at 6:41 p.m. City Clerk Jacquez-Nares read by title only Ordinance Nos. 299 and 300 as follows: ORDINANCE NO. 299 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DETERMINING THIS 2 Packet Pg. 11 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 2 5 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council October 25, 2016 City of Grand Terrace Page 6 AMENDMENT IS EXEMPT PURSUANT TO SECTION 15061(B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND AMENDING THE GRAND TERRACE MUNICIPAL CODE BY REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 18.91 (MARIJUANA REGULATIONS) OF TITLE 18 RELATING TO MARIJUANA ACTIVITY; AND ORDINANCE NO. 300 AN URGENCY ORDINANCE OF THE CITY OF GRAND TERRACE PURSUANT TO GOVERNMENT CODE SECTION 36937 DETERMINING THIS AMENDMENT EXEMPT PURSUANT TO SECTION 15061(B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND AMENDING THE GRAND TERRACE MUNICIPAL CODE BY REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 18.91 (MARIJUANA REGULATIONS) RELATING TO MARIJUANA ACTIVITY FOR THE IMMEDIATE PRESERVATION OF THE PUBLIC PEACE, HEALTH AND SAFETY 1) CONDUCT A PUBLIC HEARING; 2) READ BY TITLE ONLY, WAIVE FURTHER READING AND INTRODUCE ORDINANCE NO. 299 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DETERMINING THIS AMENDMENT IS EXEMPT PURSUANT TO SECTION 15061(B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND AMENDING THE GRAND TERRACE MUNICIPAL CODE BY REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 18.91 (MARIJUANA REGULATIONS) OF TITLE 18 RELATING TO MARIJUANA ACTIVITY; AND 3) READ BY TITLE ONLY, WAIVE FURTHER READING AND ADOPT ORDINANCE NO. 300 – AN URGENCY ORDINANCE OF THE CITY OF GRAND TERRACE PURSUANT TO GOVERNMENT CODE SECTION 36937 DETERMINING THIS AMENDMENT EXEMPT PURSUANT TO SECTION 15061(B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND AMENDING THE GRAND TERRACE MUNICIPAL CODE BY REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 18.91 (MARIJUANA REGULATIONS) RELATING TO MARIJUANA ACTIVITY FOR THE IMMEDIATE PRESERVATION OF THE PUBLIC PEACE, HEALTH AND SAFETY RESULT: APPROVED [UNANIMOUS] MOVER: Jackie Mitchell, Council Member SECONDER: Bill Hussey, Council Member AYES: McNaboe, Robles, Mitchell, Wilson, Hussey F. UNFINISHED BUSINESS - NONE G. NEW BUSINESS 2 Packet Pg. 12 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 2 5 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council October 25, 2016 City of Grand Terrace Page 7 9. Award of October 2016 Community Benefit Funds Finance Director Fortune presented the PowerPoint Presentation for this item. A Council and staff discussion ensued on whether there was funding from other sources to enhance this City owned parkway and the cost savings for the City if this item was approved. Concern was stated on the precedent it would set for other businesses because this was a benefit provided to that business. Additional discussion was on the permits required for these improvements, the increase of the property value, the increase of the property tax, and the benefit to the City. This was an opportunity for the City to partner with a business to beautify the City with minimal impact on the City's funds. Jeffrey McConnell, Grand Terrace resident, stated that when the owners added units to this property they would need to widen the street and add sewer laterals and this landscaping request would be moot point. Planning & Development Services Director Molina stated Mr. McConnell was correct and in the long term when the developer wanted to add enhancements the project would be looked at comprehensively to ensure that the landscaping had continuity. Mayor McNaboe clarified that with the Council approval of this item it would be waiving the City's fees to review the plans not approving their plans. APPROVE THE AWARD OF $2,000 FROM THE CITY’S COMMUNITY BENEFITS FUND TO THE SYCAMORE MOBILE PARK HOME PARK FOR THE BEAUTIFICATION PROJECT IN THE PUBLIC RIGHT-OF-WAY IN THE PARK’S FRONT ENTRANCE. RESULT: APPROVED [UNANIMOUS] MOVER: Doug Wilson, Council Member SECONDER: Sylvia Robles, Mayor Pro Tem AYES: McNaboe, Robles, Mitchell, Wilson, Hussey 10. Formation of the Landscape & Lighting Assessment District 89-1, Annexation #3, Engineer’s Report, and Levy of Assessment Public Work Director Demitri presented the PowerPoint Presentation of this item. City Manager Duffey clarified that the new annexation policy has an annual escalator built in to recover the City's true costs. 1. ADOPT RESOLUTION NO. 2016-43, A RESOLUTION OF THE CITY COUNCIL OF THE CITY INITIATING PROCEEDINGS FOR AN ANNEXATION OF TERRITORY INTO THE 89-1 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT; 2 Packet Pg. 13 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 2 5 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council October 25, 2016 City of Grand Terrace Page 8 2. RECEIVE AND APPROVE THE ENGINEER'S REPORT. 3. RECEIVE AND APPROVE THE LANDOWNER’S CONSENT. 4. ADOPT RESOLUTION NO. 2016-44, A RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO ANNEX TERRITORY INTO THE 89-1 LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT, ORDERING IMPROVEMENTS, AND DECLARING THE RIGHT TO LEVY AND COLLECT ASSESSMENTS, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Mayor Pro Tem SECONDER: Jackie Mitchell, Council Member AYES: McNaboe, Robles, Mitchell, Wilson, Hussey 11. Emergency Operations: Assessment Report and Emergency Operations Plan Planning & Development Services Director Molina presented the PowerPoint Presentation for this item. Council Member Wilson stressed the urgency of this item and that the City needed to appoint an Operations Manager. He also urged residents to be prepared individually for any disaster that may occur. Mayor McNaboe asked Battalion Chief Wooters and Lt. Wolfe to address the residents’ concerns that they would be left to fend for themselves if an emergency occurred. Battalion Chief Wooters assured the Council and residents that emergency services would indeed be provided by Fire and Sheriff's to the City of Grand Terrace. They have a mutual aid system throughout the State that allows them to pull resources from other areas to assist here in Grand Terrace. Lt. Wolfe concurred with Battalion Wooters comment, that they would be deploying resources to the Grand Terrace. STAFF RECOMMENDS THAT THE CITY COUNCIL RECEIVE AND FILE THE REPORT RESULT: APPROVED [UNANIMOUS] MOVER: Darcy McNaboe, Mayor AYES: McNaboe, Robles, Mitchell, Wilson, Hussey 12. Award of Contract for Tree Trimming Services Public Works Director Demitri provided a brief summary for this item. 2 Packet Pg. 14 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 2 5 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council October 25, 2016 City of Grand Terrace Page 9 A Council and staff discussion ensued on the replacement of trees and the availability of Forestry grants for the replacement of trees. Additional discussion was on the contract amount, funding for the remaining years and confirmation was made that it would not become a tax burden for the residents. Staff also confirmed that West Coast Arborists had a local branch office in Grand Terrace. Jeffrey McConnell, Grand Terrace resident, stated his support to award the contract to West Coast Arborist. Ernesto Macias, Manager of West Coast Arborists Corporate, provided a brief summary of their services, workforce, experience, and offered to assist the City staff with the grant available. 1. AWARD A CONTRACTOR AGREEMENT NO. 2016-50 TO WEST COAST ARBORISTS, INC. FOR TREE TRIMMING SERVICES 2. AUTHORIZE CITY MANAGER TO EXECUTE THE CONTRACT RESULT: APPROVED [UNANIMOUS] MOVER: Bill Hussey, Council Member SECONDER: Jackie Mitchell, Council Member AYES: McNaboe, Robles, Mitchell, Wilson, Hussey H. CITY MANAGER COMMUNICATIONS City Manager Duffey announced the following items: Holiday Tree Lighting Ceremony scheduled for December 6, 2016, Rabies Vaccination Clinic scheduled for October 27, 2016 here at City Hall from 6:30 p.m. to 8:00 p.m., Country Fair scheduled for November 5, 2016 here at City Hall from 9:00 a.m. to 3:00 p.m. He also announced the Ready San Bernardino Preparedness application. City Manager Duffey informed everyone that the City had 976 likes on their Facebook page and that it would celebrate upon hitting 1000 likes. I. CLOSED SESSION - NONE ADJOURN Mayor McNaboe wished everyone a Happy Halloween, reminded everyone to vote, and adjourned the City Council meeting at 7:38 p.m. The Next Regular City Council Meeting will be held on Tuesday, November 15, 2016 at 6:00 p.m. _________________________________ Darcy McNaboe, Mayor _________________________________ Pat Jacquez-Nares, City Clerk 2 Packet Pg. 15 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 2 5 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) This page left intentionally blank. AGENDA REPORT MEETING DATE: November 15, 2016 Council Item TITLE: Monthly Business License Report for September 2016 PRESENTED BY: Cynthia Fortune, Finance Director RECOMMENDATION: Receive and file the Monthly Business License Report for the period ending September 30, 2016. 2030 VISION STATEMENT: This staff report supports City Council Goal #1, “Ensure Our Fiscal Viability”, through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations. BACKGROUND: The Finance Department has developed a Monthly Business License Report (MBLR), which will be submitted to the City Council each month. The attached MBLR is for the period ending September 30, 2016. The purpose of the MBLR is to recognize new businesses that have opened in Grand Terrace; identify projected revenue receipts from these new businesses and provide the locations of the new businesses that opened offices in the City. Since the City’s business licenses have an annual calendar date from January 1st to December 31st, this report covers an nine-month period: January 1, 2016 to September 30, 2016. DISCUSSION: Chapter 5.04 of the City’s Municipal Code states that any person, firm or corporation conducting or carrying on business within the city limits shall be charged a business license tax. The City of Grand Terrace (City) contracts with MuniServices (Consultant) for the following three (3) main components: 1. Tax Administration: of the City’s business license processing, renewals, collections, on-going monitoring and administration of the business license tax. a. Online Application and Renewal:  Provide a link on the City’s website that will enable all businesses to apply for a business license and pay its business tax on-line through Consultant’s software application;  Provide a kiosk linking to the Consultant’s website to allow on-line processing and printing of applicable documents and receipts for Walk-In customers into City Hall. 3 Packet Pg. 16 b. Taxpayer Notification and Remittance:  Consultant to send individualized tax forms to all known taxpayers;  Taxpayers will remit payments to the City c/o Consultant. c. Deposit Process:  Deposits will be made via Automated Clearing House (ACH) as instructed by the City;  Deposits will be for amounts received less Consultants’ fees ($12.00 per license payment processed). 2. Discovery Services: identification of entities subject to City business license taxes which are not properly registered, or otherwise not reporting business taxes to the City. a. Inventory:  Establish a comprehensive inventory of entities subject to taxation by the City;  Notify all entities of non-compliance with the City’s business tax requirements and collect the amount of identified deficiencies;  Establish a call center open during normal business hours to answer any questions regarding application, remittance and reporting requirements regarding the City’s business licenses taxes;  Consultant’s compensation will be 35% of the additional revenue received from the Discovery Services. 3. Deficiency Audit Services: identification of entities subject to City business license taxes that are not properly reporting the full amount tax which they are subject to under the City’s Municipal Code. a. Inventory:  Establish a comprehensive inventory of registered entities subject to taxation by the City;  For under-reporting entities identified, receive approval from the city to conduct a review of the entity’s records and determine the amount of tax due;  Invoice entity on behalf of the City and educate the entity on the City’s tax requirements to avoid under-reporting in the future;  Consultant’s compensation will be 35% of the additional revenue received from the Discovery Services. NEW BUSINESS LICENSES ISSUED For the period from January 2016 through September 2016, 112 business licenses were issued. Of the 112 business licenses, 26 have physical addresses in the City. Below are charts that summarize all licenses issued during this nine-month period. 3 Packet Pg. 17 Month In City Outside City TOTAL Jan 8 7 15 Feb 2 10 12 Mar 3 11 14 Apr 4 12 16 May 2 10 12 Jun 2 16 18 Jul 1 7 8 Aug 2 5 7 Sep 2 8 10 TOTAL 26 86 112 Approximately 23.2% of all business licenses issued have physical locations within City limits. These businesses are estimating total annual Gross Receipts of $2.1m. Chart of New Businesses with physical locations within and outside City limits. 3 Packet Pg. 18 NEW BUSINESS LICENSES ISSUED WITHIN THE CITY – Physical Map NEW BUSINESS LICENSES ISSUED WITHIN THE CITY – Address Detail Map Loc. Business Name DBA Address NAICS Description A ABDELJAWAD MOHAMMAD JACK'S WHOLESALE 12210 MICHIGAN STREET #6 Other Miscellaneous Nondurable Goods Merchant Wholesalers B CROW PATRICK R CORONA DETAILING SUPPLIES 22658 FLAMINGO STREET Other Direct Selling Establishments C ELITE CONSERVATION PURCHASE GREEN REDLANDS 21800 BARTON ROAD Other Miscellaneous Nondurable Goods Merchant Wholesalers D F & J JANITORIAL SERVICES 12238 1/4 MICHIGAN STREET Janitorial Services 3 Packet Pg. 19 Map Loc. Business Name DBA Address NAICS Description E FIVE OAKS SPEECH THERAPY SERVICES 22365 BARTON ROAD SUITE 104 Offices of Physical, Occupational and Speech Therapists, and Audiologists F GLOBAL PRO MX GLOBAL PRO MX 12210 MICHIGAN STREET SUITE 26 Motor Vehicle Parts (Used) Merchant Wholesalers G HAROLD LUKE MD INC 22182 BARTON ROAD Offices of Physicians (except Mental Health Specialists) H HEART MATTERS FOSTER FAMILY AGENCY THE HEART MATTERS FOSTER FAMILY AGENCY THE 21935 VAN BUREN STREET SUITE A1 Child and Youth Services I HORNBECK DAVID ERIK D & L PLUMBING 11797 HOLLY STREET Plumbing, Heating, and Air- Conditioning Contractors J HUNT ANDREW M ELEPHANT SHOE PRINTING 12050 PARADISE STREET Commercial Screen Printing K HUNT DARREN M HUNT ELECTRICAL CONTRACTORS 21935 VAN BUREN STREET SUITE B13 Electrical Contractors and Other Wiring Installation Contractors L INKLINGS INKLINGS 22131 RAVEN WAY Educational and Support Services M LUXURY WINDOW FASHIONS LUXURY WINDOW FASHIONS 12210 MICHIGAN STREET #2 Interior Design Services N NAKI ALBERT P NAKI SHAVE ICE 22745 DE BERRY STREET Dairy Product (except Dried or Canned) Merchant Wholesalers O NSA PROPERTY HOLDINGS LLC STORAMERICA GRAND TERRACE 21971 DE BERRY STREET Lessors of Miniwarehouses and Self-Storage Units P SMALLEY SONYA A INKY PAGE EDITING 22872 PALM AVENUE Document preperation services Q SPOTLESS MAIDS REFERRAL AGENCY LLC SPOTLESS MAIDS 22737 BARTON ROAD Janitorial Services R SURBER MACHINE SURBER MACHINE 12210 MICHIGAN AVENUE S TAYLOR KENT USA ENTERPRISE 22136 MAVIS STREET Electronic Shopping T TAYLOR VALDA CJLJ FINANCIAL SERVICES 22865 BRENTWOOD STREET Document preperation services U TRAN CALVIN ROYAL NAILS SALON 22545 BARTON ROAD #112 Nail Salons V VILLAMAR RUBEN WHAT U NEED 22077 BARTON ROAD Site Preparation Contractors W WIDEWORLD SPORTSWEAR INC 21800 BARTON ROAD UNIT 111 Men's and Boys' Clothing and Furnishings Merchant Wholesalers X WILHITE LANGLEY INC 21800 BARTON ROAD #102 New Single-Family Housing Construction (except For- Sale Builders) 3 Packet Pg. 20 Map Loc. Business Name DBA Address NAICS Description Y ZAPPE SARA M BLUE MOUNTAIN JEWELRY DESIGN 23336 WESTWOOD STREET Z ZAVALA ALMENDRA GARCIA 12040 LACROSSE AVENUE Beauty Salons FISCAL IMPACT Total business license fees collected for all business licenses issued are shown below: Description Business License Fees Collected In City $2,120 Outside City 6,660 TOTAL $8,780 There is no fiscal impact associated with the receipt of the MLBR for the period ending September 30, 2016. APPROVALS: Cynthia Fortune Completed 11/01/2016 10:26 AM Finance Completed 11/01/2016 10:26 AM City Attorney Completed 11/01/2016 4:27 PM City Manager Completed 11/09/2016 11:30 AM City Council Pending 11/15/2016 6:00 PM 3 Packet Pg. 21 AGENDA REPORT MEETING DATE: November 15, 2016 Council Item TITLE: Monthly Financial Report for September 2016 PRESENTED BY: Cynthia Fortune, Finance Director RECOMMENDATION: Receive and file the Monthly Financial Report for the period ending September 30, 2016. 2030 VISION STATEMENT: This staff report supports City Council Goal #1, “Ensure Our Fiscal Viability,” through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations. BACKGROUND: The Finance Department has developed a Monthly Financial Report (MFR), which will be submitted to the City Council each month. The attached MFR is for the period ending September 30, 2016. The purpose of the MFR is to identify actual revenues received, and expenditures incurred, for the current fiscal year and compare them to the Approved Budget and fiscal year-to-date (YTD) expected amounts. The MFR encompasses the City’s two major funds: General Fund and Child Care Fund. DISCUSSION: The Fiscal Year (FY) 2016-17 Approved Budget amounts are presented in the attached MFR for reference purposes. Any adjustments to the Approved Budget that may occur during the fiscal year will also be reflected in the report. The “expected” revenues reflect an analysis of revenue receipts that have, historically, been received as of this month in the fiscal year. The resulting positive or negative variances shown in the MFR are in comparison to these “expected” receipts. The timing of expenditures is more evenly distributed during the fiscal year than revenue receipts; however, it is not entirely straight-line in nature. For example, some months have three pay periods rather than two. Also, debt service payments are only made twice a year. Additionally, certain expenditure postings, such as the cost allocation plan, are made quarterly rather than monthly. All of these factors are reflected in the YTD “expected” expenditures shown in the MFR. As part of the MFR, staff will include explanations of significant variances between YTD actual revenues and expenditures, and those that are “expected” at that point in the 4 Packet Pg. 22 fiscal year. This analysis and reporting process is intended to keep the City Council informed regarding the City’s financial position relative to the budget, and to identify any financial issues or concerns that arise during the fiscal year so appropriate and timely action can be taken in response to these variances. When reviewing the charts that provide the current monthly status of both revenues and expenditures, it is helpful to bear in mind that some of the fluctuations from month to month may be due to the following:  Invoices were not submitted to the City in a timely manner; and  Invoices may have required further review by the authorizing department. In addition, the MFR has been redesigned to provide more transparency by providing charts that compare actual receipts and expenditures against expected and approved budgets. Each category has 2 charts: 1. the 1st chart shows the actual receipts or expenditures incurred for the current fiscal year (FY2016-17) and is compared to the prior year (2015-16) actuals; and 2. the 2nd chart shows the total annual amounts incurred, for the current year, the prior year and is compared to the “expected” amounts for the current year. FISCAL IMPACT: GENERAL FUND In order to provide a better understanding of the General Fund’s fiscal condition on a monthly basis, the Monthly Financial Report has been revised to reflect the net surplus or deficit of actual revenues versus actual expenditures. However, as stated earlier, revenues are not necessarily evenly distributed each month while expenditures are more streamlined. It is recommended to bear in mind that this may result in a significant surplus or deficit in a particular month and may not be reflective of the City’s overall fiscal condition. Detailed explanations will be provided for any significant variances. The table below reflects the General Fund’s revenue and expense statement as of September 30, 2016 with a net deficit of ($782,310). This is consistent with the receipt of revenues normally received in the latter part of the year. One of the General Fund’s largest revenue sources are Property Taxes. The first large revenue receipt from Property Taxes is expected in December. City of Grand Terrace FY 2015-16 General Fund Monthly Financial Report For the Period Ending September 30, 2016 4 Packet Pg. 23 Category Approved Budget Sep Expected Sep YTD % Approved Budget Sep YTD Actuals Sep YTD % Approved Budget Positive (Negative) Variance from Expected REVENUES Property Tax 1,674,000 4,829 0.3% 0 0.0% (4,829) Residual Receipts - RPTTF 778,000 0 0.0% 0 0.0% 0 Franchise Fees 500,000 27,052 5.4% 26,386 5.3% (666) Licenses, Fees & Permits 328,458 66,714 20.3% 68,163 20.8% 1,449 Sales Tax 858,000 86,502 10.1% 91,751 10.7% 5,249 Sales Tax - Econ Dev Agreement (120,000) 0 0.0% 0 0.0% 0 Proceeds from Sale of Property 260,000 0 0 Intergovernmental Revenue/Grants 5,000 0 0.0% 0 0.0% 0 Charges for Services 114,700 24,888 21.7% 28,535 24.9% 3,647 Fines & Forfeitures 58,500 11,392 19.5% 17,592 30.1% 6,200 Miscellaneous 56,690 54,390 95.9% 54,104 95.4% (287) Use of Money & Property 23,000 4,911 21.4% 5,685 24.7% 774 Waste Water Receipts 300,000 0 0.0% 0 0.0% 0 OPERATING REVENUES 4,836,348 280,678 5.8% 292,214 6.0% 11,537 APPROVED USE OF FUND BALANCE Payment of City Hall Loan 1,040,090 1,040,090 1,040,090 Purchase of Stringfield Property 852,606 852,606 852,606 TOTAL REVENUES & USE OF FUND BAL. 6,729,044 2,173,374 2,184,910 EXPENDITURES Salaries 792,146 185,899 23.5% 176,659 22.3% 9,240 Benefits 520,049 141,380 27.2% 134,277 25.8% 7,103 Professional/Contractual Services 3,199,563 730,760 22.8% 726,805 22.7% 3,955 Materials & Supplies 207,226 31,539 15.2% 36,296 17.5% (4,757) Lease of Facility/Equipment 7,652 1,453 19.0% 1,284 16.8% 169 Equipment 0 0 0 0 Capital Projects 0 0 0 0 Utilities 131,413 30,172 23.0% 28,003 21.3% 2,169 Debt Service 0 0 0 (0) Overhead Cost Allocation (281,736) (66,613) 23.6% (60,425) 21.4% (6,188) Transfers Out 126,500 25,697 20.3% 31,625 25.0% (5,928) OPERATING EXPENSE 4,702,813 1,080,288 23.0% 1,074,525 22.8% 5,764 4 Packet Pg. 24 City of Grand Terrace FY 2015-16 General Fund Monthly Financial Report For the Period Ending September 30, 2016 Category Approved Budget Sep Expected Sep YTD % Approved Budget Sep YTD Actuals Sep YTD % Approved Budget Positive (Negative) Variance from Expected Payment of City Hall Loan 1,040,090 1,040,090 1,040,090 Purchase of Stringfield Property 852,606 852,606 852,606 TOTAL EXPENDITURES 6,595,509 2,972,984 2,967,221 REVENUES 4,836,348 280,678 292,214 USE OF FUND BALANCE 1,040,090 1,040,090 1,040,090 SUB-TOTAL 5,876,438 1,320,768 1,332,304 EXPENDITURES (4,702,813) (1,080,288) (1,074,525) PAYMENT OF CITY HALL LOAN (1,040,090) (1,040,090) (1,040,090) SUB-TOTAL (5,742,903) (2,120,378) (2,114,615) NET $133,535 ($799,611) ($782,310) ATTACHMENTS:  SEP2016 Monthly Financial REPORT 11082016 (PDF) APPROVALS: Cynthia Fortune Completed 11/08/2016 12:14 PM Finance Completed 11/08/2016 12:15 PM City Attorney Completed 11/08/2016 3:35 PM City Manager Completed 11/09/2016 11:38 AM City Council Pending 11/15/2016 6:00 PM 4 Packet Pg. 25 City of Grand Terrace Monthly Financial Report For the Period Ending September 30, 2016 4.a Packet Pg. 26 At t a c h m e n t : S E P 2 0 1 6 M o n t h l y F i n a n c i a l R E P O R T 1 1 0 8 2 0 1 6 ( 2 0 5 9 : M o n t h l y F i n a n c i a l R e p o r t f o r S e p t e m b e r 2 0 1 6 ) Table of Contents GENERAL FUND Revenue Summaries Revenue Assumptions ........................................................................................... 4 Revenue Monthly Financial Detail ......................................................................... 5 Revenue Monthly History Charts: Property Tax ................................................................................................... 6 Sales Tax ........................................................................................................ 7 Licenses, Permits & Fees ............................................................................... 8 Franchise Fees ............................................................................................... 9 Expenditure Summaries Expenditure Assumptions ...................................................................................... 12 Expenditure Monthly Financial Detail by Category ................................................ 13 Expenditure Monthly History Charts: Salaries ........................................................................................................... 14 Benefits ........................................................................................................... 15 Professional/Contractual Services .................................................................. 16 Materials & Supplies ....................................................................................... 17 4.a Packet Pg. 27 At t a c h m e n t : S E P 2 0 1 6 M o n t h l y F i n a n c i a l R E P O R T 1 1 0 8 2 0 1 6 ( 2 0 5 9 : M o n t h l y F i n a n c i a l R e p o r t f o r S e p t e m b e r 2 0 1 6 ) GENERAL FUND REVENUE 4.a Packet Pg. 28 At t a c h m e n t : S E P 2 0 1 6 M o n t h l y F i n a n c i a l R E P O R T 1 1 0 8 2 0 1 6 ( 2 0 5 9 : M o n t h l y F i n a n c i a l R e p o r t f o r S e p t e m b e r 2 0 1 6 ) REVENUE ASSUMPTIONS: 1. Property Tax receipts are usually received twice a year: in December and May. 2. Residual Receipts – Redevelopment Property Tax Trust Fund (RPTTF) receipts are received twice a year: June for the July - December period and January for the January - June period. 3. Franchise Fee receipts are received monthly and quarterly; usually 30 - 45 days after the month or quarter end. 4. Sales Tax receipts are received monthly; the State distributes (advances) sales tax revenues usually 60 days after the close of the month; then has a quarterly “true-up.” 5. Waste Water receipts are received annually, usually at the first month of the fiscal year. 6. All other receipts are based on historical receipt pattern. 7. Sections/Cost Centers are rolled into each Category as follows: a. Property Tax b. Residual Receipts c. Franchise Fees d. Licenses, Fees and Permits e. Sales Tax f. Sales Tax – Economic Development Agreement g. Proceeds from the Sale of Property h. Intergovernmental Revenues and/or Grants i. Charges for Services j. Miscellaneous Revenues k. Use of Money and/or Property l. Wastewater Receipts 4.a Packet Pg. 29 At t a c h m e n t : S E P 2 0 1 6 M o n t h l y F i n a n c i a l R E P O R T 1 1 0 8 2 0 1 6 ( 2 0 5 9 : M o n t h l y F i n a n c i a l R e p o r t f o r S e p t e m b e r 2 0 1 6 ) REVENUES Approved Budget Sep Expected Sep YTD % Approved Budget Sep YTD Actuals Sep YTD % Approved Budget Positive (Negative) Variance from Expected Property Tax 1,674,000 4,829 0.3%0 0.0%(4,829) Residual Receipts - RPTTF 778,000 0 0.0%0 0.0%0 Franchise Fees 500,000 27,052 5.4%26,386 5.3%(666) Licenses, Fees & Permits 328,458 66,714 20.3%68,163 20.8%1,449 Sales Tax 858,000 86,502 10.1%91,751 10.7%5,249 Sales Tax - Econ Dev Agrmt (120,000)0 0.0%0 0.0%0 Proceeds from Sale of Property 260,000 0 0 Intergovernmental Revenue/Grants 5,000 0 0.0%0 0.0%0 Charges for Services 114,700 24,888 21.7%28,535 24.9%3,647 Fines & Forfeitures 58,500 11,392 19.5%17,592 30.1%6,200 Miscellaneous 56,690 54,390 95.9%54,104 95.4%(287) Use of Money & Property 23,000 4,911 21.4%5,685 24.7%774 Waste Water Receipts 300,000 0 0.0%0 0.0%0 OPERATING REVENUES 4,836,348 280,678 5.8%292,214 6.0%11,537 APPROVED USE OF FUND BALANCE Payment of City Hall Loan 1,040,090 1,040,090 1,040,090 Purchase of Stringfield Property 852,606 852,606 852,606 APPROVED USE OF FUND BALANCE 1,892,696 1,892,696 1,892,696 TOTAL REVENUES & USE OF FUND BAL.6,729,044 2,173,374 2,184,910 City of Grand Terrace FY 2015-16 General Fund Monthly Financial Report For the Period Ending September 30, 2016 4.a Packet Pg. 30 At t a c h m e n t : S E P 2 0 1 6 M o n t h l y F i n a n c i a l R E P O R T 1 1 0 8 2 0 1 6 ( 2 0 5 9 : M o n t h l y F i n a n c i a l R e p o r t f o r S e p t e m b e r 2 0 1 6 ) MONTHLY REVENUE - Property Tax (2016-17 vs. 2015-16) $0 $0 $19,750 $2,686 $43,792 $133,872 $581,548 $50,251 $7,588 $122,994 $625,131 $18,564 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2016-17 2015-16 1,606,176 - 4,829 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 1,800,000 FY2015-16 Actuals FY2016-17 Actuals FY2016-17 Expected FY2015-16 Actuals FY2016-17 Actuals FY2016-17 Expected 4.a Packet Pg. 31 At t a c h m e n t : S E P 2 0 1 6 M o n t h l y F i n a n c i a l R E P O R T 1 1 0 8 2 0 1 6 ( 2 0 5 9 : M o n t h l y F i n a n c i a l R e p o r t f o r S e p t e m b e r 2 0 1 6 ) MONTHLY REVENUE - Sales Tax (2016-17 vs. 2015-16) $0 $0 $29,595 $42,500 $56,500 $65,035 $49,874 $56,500 $77,239 $52,600 $47,574 $285,030 $0 $0 $91,751 $0 $0 $0 $0 $0 $0 $0 $0 $0 - 50,000 100,000 150,000 200,000 250,000 300,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2016-17 2015-16 $762,448 $91,751 $86,502 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 FY2015-16 Actuals FY2016-17 Actuals FY2016-17 Expected FY2015-16 Actuals FY2016-17 Actuals FY2016-17 Expected 4.a Packet Pg. 32 At t a c h m e n t : S E P 2 0 1 6 M o n t h l y F i n a n c i a l R E P O R T 1 1 0 8 2 0 1 6 ( 2 0 5 9 : M o n t h l y F i n a n c i a l R e p o r t f o r S e p t e m b e r 2 0 1 6 ) MONTHLY REVENUE - Licenses, Permits & Fees (2016-17 vs. 2015-16) $17,097 $10,453 $15,994 $13,004 $16,329 $8,565 $48,502 $41,187 $27,556 $34,443 $22,471 $47,561 $24,198 $11,610 $32,354 $0 $0 $0 $0 $0 $0 $0 $0 $0 - 10,000 20,000 30,000 40,000 50,000 60,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2016-17 2015-16 $303,162 $68,163 $66,714 - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 FY2015-16 Actuals FY2016-17 Actuals FY2016-17 Expected FY2015-16 Actuals FY2016-17 Actuals FY2016-17 Expected 4.a Packet Pg. 33 At t a c h m e n t : S E P 2 0 1 6 M o n t h l y F i n a n c i a l R E P O R T 1 1 0 8 2 0 1 6 ( 2 0 5 9 : M o n t h l y F i n a n c i a l R e p o r t f o r S e p t e m b e r 2 0 1 6 ) MONTHLY REVENUE - Franchise Fees (2016-17 vs. 2015-16) $0 $0 $26,663 $11,962 $71,031 $0 $24,572 $43,469 $41,436 $136,344 $69,205 $68,175 $0 $0 $26,386 $0 $0 $0 $0 $0 $0 $0 $0 $0 - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2016-17 2015-16 $492,856 $26,386 $27,052 - 100,000 200,000 300,000 400,000 500,000 FY2015-16 Actuals FY2016-17 Actuals FY2016-17 Expected FY2015-16 Actuals FY2016-17 Actuals FY2016-17 Expected 4.a Packet Pg. 34 At t a c h m e n t : S E P 2 0 1 6 M o n t h l y F i n a n c i a l R E P O R T 1 1 0 8 2 0 1 6 ( 2 0 5 9 : M o n t h l y F i n a n c i a l R e p o r t f o r S e p t e m b e r 2 0 1 6 )       This page left intentionally blank.       4.a Packet Pg. 35 At t a c h m e n t : S E P 2 0 1 6 M o n t h l y F i n a n c i a l R E P O R T 1 1 0 8 2 0 1 6 ( 2 0 5 9 : M o n t h l y F i n a n c i a l R e p o r t f o r S e p t e m b e r 2 0 1 6 ) GENERAL FUND EXPENDITURE BY CATEGORY 4.a Packet Pg. 36 At t a c h m e n t : S E P 2 0 1 6 M o n t h l y F i n a n c i a l R E P O R T 1 1 0 8 2 0 1 6 ( 2 0 5 9 : M o n t h l y F i n a n c i a l R e p o r t f o r S e p t e m b e r 2 0 1 6 ) EXPENDITURE ASSUMPTIONS: 8. Expenditure appropriations are divided into 12 monthly allocations, with adjustments made for payroll periods, the timing of debt service payments, and certain quarterly allocations. 9. Sections/Cost Centers are rolled into each Category as follows: m. Salaries n. Benefits o. Professional/Contractual Services p. Materials and Supplies q. Lease of Facilities and/or Equipment r. Equipment s. Capital Projects t. Utilities u. Debt Services v. Overhead Cost Allocation w. Transfers Out 4.a Packet Pg. 37 At t a c h m e n t : S E P 2 0 1 6 M o n t h l y F i n a n c i a l R E P O R T 1 1 0 8 2 0 1 6 ( 2 0 5 9 : M o n t h l y F i n a n c i a l R e p o r t f o r S e p t e m b e r 2 0 1 6 ) City of Grand Terrace FY 2015-16 General Fund Monthly Financial Report For the Period Ending September 30, 2016 EXPENDITURES BY CATEGORY Approved Budget Sep Expected SepYTD % Approved Budget Sep YTD Actuals SepYTD % Approved Budget Positive (Negative) Variance from Expected Salaries 792,146 185,899 23.5%176,659 22.3%9,240 Benefits 520,049 141,380 27.2%134,277 25.8%7,103 Professional/Contractual Services 3,199,563 730,760 22.8%726,805 22.7%3,955 Materials & Supplies 207,226 31,539 15.2%36,296 17.5%(4,757) Lease of Facility/Equipment 7,652 1,453 19.0%1,284 16.8%169 Equipment 0 0 0 0 Capital Projects 0 0 0 0 Utilities 131,413 30,172 23.0%28,003 21.3%2,169 Debt Service 0 0 0 (0) Overhead Cost Allocation (281,736)(66,613)23.6%(60,425)21.4%(6,188) Transfers Out 126,500 25,697 20.3%31,625 25.0%(5,928)4,702,813 1,080,288 23.0%1,074,525 22.8%5,764 Payment of City Hall Loan 1,040,090 1,040,090 1,040,090 Purchase of Stringfield Property 852,606 852,606 852,606 TOTAL EXPENDITURES 6,595,509 2,972,984 2,967,221 REVENUES 4,836,348 280,678 292,214 USE OF FUND BALANCE 1,040,090 1,040,090 1,040,090 SUB-TOTAL 5,876,438 1,320,768 1,332,304 EXPENDITURES (4,702,813)(1,080,288)(1,074,525) PAYMENT OF CITY HALL LOAN (1,040,090)(1,040,090)(1,040,090) SUB-TOTAL (5,742,903)(2,120,378)(2,114,615) NET 133,535 (799,611)(782,310) 4.a Packet Pg. 38 At t a c h m e n t : S E P 2 0 1 6 M o n t h l y F i n a n c i a l R E P O R T 1 1 0 8 2 0 1 6 ( 2 0 5 9 : M o n t h l y F i n a n c i a l R e p o r t f o r S e p t e m b e r 2 0 1 6 ) MONTHLY EXPENDITURE - Salaries (2016-17 vs. 2015-16) $55,881 $51,814 $52,468 $49,353 $44,587 $41,926 $64,982 $46,940 $48,226 $46,955 $58,222 $71,022 55,262 63,754 57,644 - - - - - - - - - - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2016-17 Actuals 2015-16 Actuals $632,376 $176,659 $185,899 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 FY2015-16 Actuals FY2016-17 Actuals FY2016-17 Expected FY2015-16 Actuals FY2016-17 Actuals FY2016-17 Expected 4.a Packet Pg. 39 At t a c h m e n t : S E P 2 0 1 6 M o n t h l y F i n a n c i a l R E P O R T 1 1 0 8 2 0 1 6 ( 2 0 5 9 : M o n t h l y F i n a n c i a l R e p o r t f o r S e p t e m b e r 2 0 1 6 ) MONTHLY EXPENDITURE - Benefits (2016-17 vs. 2015-16) $26,333 $16,766 $33,942 $15,837 $18,974 $27,935 $32,135 $15,828 $31,028 $48,381 $22,577 $44,598 39,814 42,887 51,576 - - - - - - - - - - 10,000 20,000 30,000 40,000 50,000 60,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2016-17 Actuals 2015-16 Actuals $334,335 $134,277 $141,380 - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 450,000 FY2015-16 Actuals FY2016-17 Actuals FY2016-17 Expected FY2015-16 Actuals FY2016-17 Actuals FY2016-17 Expected 4.a Packet Pg. 40 At t a c h m e n t : S E P 2 0 1 6 M o n t h l y F i n a n c i a l R E P O R T 1 1 0 8 2 0 1 6 ( 2 0 5 9 : M o n t h l y F i n a n c i a l R e p o r t f o r S e p t e m b e r 2 0 1 6 ) MONTHLY EXPENDITURE - Professional Services (2016-17 vs. 2015-17) $179,594 $258,228 $294,350 $211,637 $226,602 $327,636 $254,145 $251,835 $306,903 $229,293 $259,334 $337,478 168,514 280,360 277,932 - - - - - - - - - - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2016-17 Actuals 2015-16 Actuals 3,137,034 726,805 730,760 100,000 600,000 1,100,000 1,600,000 2,100,000 2,600,000 3,100,000 FY2015-16 Actuals FY2016-17 Actuals FY2016-17 Expected FY2015-16 Actuals FY2016-17 Actuals FY2016-17 Expected 4.a Packet Pg. 41 At t a c h m e n t : S E P 2 0 1 6 M o n t h l y F i n a n c i a l R E P O R T 1 1 0 8 2 0 1 6 ( 2 0 5 9 : M o n t h l y F i n a n c i a l R e p o r t f o r S e p t e m b e r 2 0 1 6 ) MONTHLY EXPENDITURE - Materials & Supplies (2016-17 vs. 2015-16) $13,786 $18,516 $5,164 $4,919 $23,089 $10,892 $8,704 $15,023 $22,965 $14,333 $22,894 $28,568 - 5,000 10,000 15,000 20,000 25,000 30,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2016-17 2015-16 Actuals $188,853 $36,296 $31,539 - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000 200,000 FY2015-16 Actuals FY2016-17 Actuals FY2016-17 Expected FY2015-16 Actuals FY2016-17 Actuals FY2016-17 Expected 4.a Packet Pg. 42 At t a c h m e n t : S E P 2 0 1 6 M o n t h l y F i n a n c i a l R E P O R T 1 1 0 8 2 0 1 6 ( 2 0 5 9 : M o n t h l y F i n a n c i a l R e p o r t f o r S e p t e m b e r 2 0 1 6 )       This page left intentionally blank.       4.a Packet Pg. 43 At t a c h m e n t : S E P 2 0 1 6 M o n t h l y F i n a n c i a l R E P O R T 1 1 0 8 2 0 1 6 ( 2 0 5 9 : M o n t h l y F i n a n c i a l R e p o r t f o r S e p t e m b e r 2 0 1 6 ) AGENDA REPORT MEETING DATE: November 15, 2016 Council Item TITLE: Approval of Check Register No. 10312016 in the Amount of $671,095.73 PRESENTED BY: Cynthia Fortune, Finance Director RECOMMENDATION: Approve Check Register No. 10312016 in the amount $671,095.73 , as submitted, which includes the Check Register Account Index for Fiscal Year 2016-17. 2030 VISION STATEMENT: This staff report supports Goal #1, “Ensuring Our Fiscal Viability”, through the continuous monitoring of expenditure budgets, allocations and operational costs. BACKGROUND: The check register, for the period ending October 31, 2016, has been prepared in accordance with Government Code §37202 and is hereby submitted for the City Council’s approval. The check register lists all vendor payments for the preceding month, along with a brief description of the type of goods or services purchased and the account code(s) associated with each payment. Check Register No. 10312016 lists all payments made to vendors and employee reimbursements during the month of October. The attached index to the Check Register is a guideline account list only and is not intended to replace the comprehensive chart of accounts used by the City and CRA Successor Agency. Expenditure account number formats are XX-XXX-XXX [Fund- Department-Account]. Expenditures may be made from trust/agency accounts (Fund 23-XXX-) or temporary clearing accounts which do not have a budgetary impact. A total of $671,095.73 in accounts payable checks were issued during the period for services, reimbursements, supplies and contracts and are detailed in the attached check register. Payments larger than $10,000: Check No. Payee Description Amount 73324 SB COUNTY SHERIFF OCT 2016-17 LAW ENFORCEMENT SERVICES $148,360.17 5 Packet Pg. 44 Check No. Payee Description Amount 73332 WILLDAN FINANCIAL SERVICES SEP 2016 FINANCE DEPT. SERVICES 32,913.80 73385 AD IMPROVEMENTS INC REFUND OF DEPOSIT AND PERMIT 24,501.00 73388 BARR DOOR INC CITY HALL DOOR REPLACEMENTS 12,707.45 73391 CA PUB EMPLOYEES RETIRE SYSTEM NOV 2016 PERS HEALTH INSURANCE 12,811.00 73409 JONES AND MAYER FY 2016-17 LEGAL SERVICES 12,493.00 73414 ONE SOURCE SITRIBUTORS 2016 3RD QUARTER ECONOMIC DEVELOPMENT INCENTIVE 24,640.00 73418 RIVERSIDE HIGHLAND WATER CO AUG/SEP 2016 WATER USE 10,954.39 73419 RAQUET PAVING ASPHALT REPAIR MAINT. YARD 17,653.00 Wire #: 9062016 US BANK TRUST 2011 TABS SERIES A&B TRUSTEE FEES 256,718.01 TOTAL CHECKS ISSUED OVER $10,000 $553,751.82 Payroll costs for the month ending October 31, 2016 Pay Per. Period Ending Period Pay Date Amount 8 10/07/2016 Period 09/30/2016 – 10/07/2016 10/13/2016 $63,435.72 9 10/21/2016 Period 10/08/2016 – 10/21/2016 10/27/2016 63,433.64 TOTAL PAYROLL FOR OCT 2016 $126,869.36 FISCAL IMPACT: All disbursements were made in accordance with the Approved Budget for Fiscal Year 2016-17 in the amount of $671,095.73. ATTACHMENTS:  A - Check Register Account Index (PDF)  B - Check Register No. 10312016 (PDF) 5 Packet Pg. 45 APPROVALS: Cynthia Fortune Completed 11/01/2016 10:23 AM Finance Completed 11/01/2016 10:23 AM City Attorney Completed 11/01/2016 4:35 PM City Manager Completed 11/09/2016 11:40 AM City Council Pending 11/15/2016 6:00 PM 5 Packet Pg. 46 Fund No.Fund Name Dept No.Department Cost Center Acct No.General Account Numbers 09 CHILD CARE FUND 110 CITY COUNCIL 110 SALARIES/WAGES 10 GENERAL FUND 120 CITY MANAGER 115 OVERTIME 11 STREET FUND 125 CITY CLERK 120 COUNCIL STIPENDS 12 STORM DRAIN FUND 140 FINANCE 138 MEDICARE / SUI 13 PARK FUND 160 CITY ATTORNEY 139 EMPLOYEES' BENEFIT PLAN 14 AB 3229 COPS FUND 172 BUILDING & SAFETY 140 RETIREMENT 15 AIR QUALITY IMPROVEMENT FUND 175 PUBLIC WORKS 142 HEALTH/LIFE INSURANCE 16 GAS TAX FUND 180 COMMUNITY EVENTS 143 WORKERS' COMPENSATION 17 TRAFFIC SAFETY FUND 185 RENTAL INSPECTION PROGRAM 210 OFFICE EXPENSE 18 TRANS. DEV. ACT (T D A FUND)187 ENFORCEMENT PROGRAM 218 NON-CAPITAL FURN/SMALL TOOLS 19 FACILITIES DEVELOPMENT FUND 190 GENERAL GOVERNMENT (NON-DEPT)220 SPECIAL DEPARTMENTAL EXP 20 MEASURE I FUND 195 FACILITIES MAINTENANCE 230 ADVERTISING 21 WASTE WATER DISPOSAL FUND 370 COMMUNITY DEV (PLANNING)235 COMMUNICATIONS 22 COMMUNITY DEV. BLOCK GRANT 380 MGT INFORMATION SYSTEMS 238 UTILITIES 25 SPRING MOUNTAIN RANCH FUND 410 LAW ENFORCEMENT 240 RENTS & LEASES 26 LSCPG/ LGHTG ASSESSMENT DIST.411 ASSET FORFEITURES 245 MAINT BLDG GRNDS EQUIPMNT 31 S/A RDA OBLIGATION FUND 430 RECREATION SERVICES 246 MAINT/OPER OF EQUIPMNT 32 S/A CAPITAL PROJECTS FUND 441 CHILD CARE - NUTRITION GRANT 250 PROFESSIONAL SERVICES 33 S/A DEBT SERVICE FUND 445 CHILD CARE - TINY TOTS 251 BANKING SERVICE CHARGES 36 S/A 2011 TABS BOND PROCEEDS 446 CHILD CARE - AFTER SCHOOL 255 CONTRACTUAL SERVICES 37 S/A CRA PROJECTS TRUST 447 CHILD CARE - PRE-SCHOOL 260 INSURANCE & SURETY BONDS 46 CIP - STREET IMPROVEMENT PROJECTS 450 PARKS MAINTENANCE 265 MEMBERSHIPS & DUES 47 CIP - BARTON RD. BRIDGE PROJECT 510 STREET & SIGNAL LIGHTING 268 TRAINING 48 CIP - CAPITAL PROJECTS FUND 600 WEST SIDE PARK 270 TRAVEL/CONFERENCES/MTGS 52 HOUSING AUTHORITY 601 TRACT 14471 PICO & ORIOLE 271 MILEAGE 61 COMMUNITY BENEFITS FUND 602 FORREST CITY PHASE II 272 FUEL & VEHICLE MAINTENANCE 64 PUBLIC SAFETY FUND 625 NPDES 273 VEHICLE ALLOWANCE 65 SENIOR BUS PROGRAM FUND 631 STORM DRAIN MAINTENANCE 300 DEBT SERVICE 66 CAL RECYCLE GRANT 801 PLANNING COMMISSION 570 WASTEWATER TREATMENT 70 FIXED ASSED/EQUIP REPL FUND 804 HISTORICAL & CULTURAL COMM.700 COMPUTER-RELATED 805 SENIOR CITIZENS PROGRAM 701 VEHICLES & EQUIPMENT 808 EMERGENCY OPERATIONS PROG. 999 TRANSFERS City of Grand Terrace Check Register Index 5.a Packet Pg. 47 At t a c h m e n t : A - C h e c k R e g i s t e r A c c o u n t I n d e x ( 2 0 6 0 : A p p r o v a l o f C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ) Invoice # CITY OF GRAND TERRACE As of 10/31/2016 B 10-022-68-00 209.05 209.05 209.05 E 16-175-255-300-000 975.00 975.00 3,675.00 73317 10/05/2016 MIDAMERICA ADMIN AND RETIRE PR END 09232016 ARSPR END 09232016 ARS RETIREMENT CONTRIBUTIONS 09/23/2016 E 16-175-255-300-000 2,700.00 2,700.00 778917 AUG INTERSTATE 215/BARTON ROAD INTERCHANGE IMPROVEMENT09/08/2016 E 09-447-220-000-000 206.22 206.22 206.22 73316 10/05/2016 INTERWEST CONSULTING GROUP 28530 JULY INTERSTATE 215/BARTON ROAD INTERCHANGE IMPROVEMENT08/15/2016 E 10-195-245-000-000 144.00 144.00 144.00 73315 10/05/2016 CINTAS CORPORATION 150 150744679 CHILD CARE SUPPLIES 09/21/2016 B 10-022-63-00 1,085.55 1,085.55 1,085.55 73314 10/05/2016 CHAMPION FIRE SYSTEMS INC 40643 FY 2016-17 SMOKE DETECTOR MONITORING 09/26/2016 B 10-022-65-00 5.00 5.00 5.00 73313 10/05/2016 CALPERS 457 PLAN PR END 09232016 457PR END 09232016 EMPLOYEE 457 PLAN CONTRIBUTIONS 09/23/2016 E 10-370-210-000-000 160.92 160.92 160.92 73312 10/05/2016 ARROWHEAD UNITED WAY PR END 09232016 UWPR END 09232016 UNITED WAY CONTRIBUTIONS 09/23/2016 Inv. Date Amount Paid Check Total 73311 10/05/2016 ACCENT GRAPHICS AND DESIGN 16-0785 1500 #10 WINDOW ENVELOPES 09/20/2016 Check #Date Vendor Invoice Description Check Register 5.b Packet Pg. 48 At t a c h m e n t : B - C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ( 2 0 6 0 : A p p r o v a l o f C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ) Invoice # CITY OF GRAND TERRACE As of 10/31/2016 Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register 148,360.17 148,360.17 E 10-410-255-000-000 6,153.68 E 10-410-256-000-000 133,455.39 E 14-411-256-000-000 8,751.10 73324 10/05/2016 SB COUNTY SHERIFF 15928 OCT 2016-17 LAW ENFORCEMENT SERVICES 09/20/2016 E 10-195-245-000-000 593.33 E 10-450-245-000-000 450.00 1,043.33 1,043.33 E 20-100-252-000-000 6,815.00 6,815.00 6,815.00 73323 10/05/2016 SANTA FE BUILDING MAINTENANCE 15303 SEP 2016 JANITORIAL SERVICES 09/30/2016 E 10-110-142-000-000 485.41 485.41 485.41 73322 10/05/2016 ROQUET PAVING INC 0806-16 FY 2016-17 STREET MAINTENANCE 08/18/2016 B 10-022-62-00 8,638.73 8,638.73 8,638.73 73321 10/05/2016 SYLVIA ROBLES SEP2016 HLTH-SRSEP 2016 HEALTH INSURANCE REIMB-SROBLES 10/04/2016 73320 10/05/2016 PUBLIC EMPLOYEES RETIREMENT PR END 09232016 PERSPR END 09232016 PERS RETIREMENT CONTRIBUTIONS 09/23/2016 E 10-175-210-000-000 5.12 E 10-370-210-000-000 65.21 70.33 70.33 E 10-450-245-000-000 795.23 795.23 795.23 73319 10/05/2016 OFFICE DEPOT 866508495001 OFFICE SUPPLIES 09/22/2016 73318 10/05/2016 MIRACLE RECREATION EQUIPMENT 778917 FY 2016-17 PICO PARK SLIDE AND PAD REPLACEMENT 08/22/2016 5.b Packet Pg. 49 At t a c h m e n t : B - C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ( 2 0 6 0 : A p p r o v a l o f C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ) Invoice # CITY OF GRAND TERRACE As of 10/31/2016 Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register E 10-195-245-020-000 643.50 643.50 643.50 E 10-450-246-000-000 29.45 29.45 29.45 73330 10/05/2016 VALLEY FALLS TREE CARE 0115 FY 2016-17 GROUND MAINTENANCE 09/01/2016 E 16-900-229-000-000 97.20 97.20 97.20 73329 10/05/2016 UPS 0001xw845396RETURNED CEB ORDER OF BOOK MATERIALS 09/24/2016 E 10-195-246-000-000 425.00 425.00 425.00 73328 10/05/2016 TRAFFIC MANAGEMENT INC 311359 FY 2016-17 GENERAL TRAFFIC SUPPLIES & SIGNS 09/19/2016 73327 10/05/2016 TODD PETERS ELECTRIC 0912016-01 ELECTRICAL REPAIRS 09/12/2016 E 10-450-238-000-000 1,324.86 E 16-510-238-000-000 473.79 7,990.05 7,990.05 E 10-172-238-000-000 126.04 E 10-175-238-000-000 126.04 E 10-190-238-000-000 5,939.32 E 10-450-245-000-000 182.93 182.93 182.93 73326 10/05/2016 SO CA EDISON COMPANY SEP 2016 EDISONSEP 2016 ENERGY USAGE 10/04/2016 73325 10/05/2016 SITEONE LANDSCAPE SUPPLY 77698799 FY 2016-17 PARKS IRRIGATION SUPPLIES 09/20/2016 5.b Packet Pg. 50 At t a c h m e n t : B - C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ( 2 0 6 0 : A p p r o v a l o f C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ) Invoice # CITY OF GRAND TERRACE As of 10/31/2016 Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register 086450358 E 10-125-230-000-000 97.13 97.13 200.73 E 10-125-230-000-000 103.60 103.60 24332 ORDINANCE NO. 298 SUMMARY 10/03/2016 E 09-447-220-000-000 270.29 270.29 270.29 73336 10/12/2016 CITY NEWSPAPER GROUP 24331 ORDINANCE NO. 297 SUMMARY 10/03/2016 E 10-190-226-000-000 32.00 32.00 32.00 73335 10/12/2016 CINTAS CORPORATION 150 150752382 CHILD CARE SUPPLIES 10/05/2016 E 10-190-250-000-000 750.00 750.00 750.00 73334 10/12/2016 CA STATE DEPT OF JUSTICE 191289 FY 2016-17 FINGERPRINTING 10/05/2016 E 10-140-250-000-000 32,913.80 32,913.80 32,913.80 73333 10/12/2016 BARTEL ASSOCIATES LLC 16-755 OPEB ACTUARIAL CONSULTING SVCS 10/06/2016 73332 10/06/2016 WILLDAN FINANCIAL SERVICES 010-32553 SEP 2016 FINANCE DEPT. SERVICES 10/06/2016 E 10-190-212-000-000 50.64 E 10-190-700-000-000 305.98 356.62 994.41 E 10-190-212-000-000 350.25 E 10-190-700-000-000 287.54 637.79 AUG W5755A PRINTER: LEASE & IMPRESSIONS 10/01/2016 73331 10/05/2016 XEROX CORPORATION 086450359 AUG W7556P PRINTER: LEASE & IMPRESSIONS 10/01/2016 5.b Packet Pg. 51 At t a c h m e n t : B - C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ( 2 0 6 0 : A p p r o v a l o f C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ) Invoice # CITY OF GRAND TERRACE As of 10/31/2016 Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register E 10-140-250-000-000 572.13 572.13 572.13 E 10-190-211-000-000 414.00 414.00 414.00 73343 10/12/2016 MUNISERVICES LLC 0000043486 SEP 2016 BUSINESS LICENSE SRVCS 09/30/2016 73342 10/12/2016 MAILFINANCE INC N6160978 NOV-FEB POSTAGE MACHINE LEASE 10/04/2016 E 10-195-245-000-000 207.53 E 10-450-245-000-000 34.92 242.45 242.45 73341 10/12/2016 HOME DEPOT CREDIT SERVICE 6035322500233683 sepSUPPLIES FOR CITY HALL, PARKS, SNR CNTR 09/28/2016 E 09-447-247-000-000 90.00 B 23-200-14-00 101.53 191.53 191.53 E 09-447-245-000-000 50.00 50.00 50.00 73340 10/12/2016 HIGH TECH SECURITY SYSTEMS 118525 NOV SECURITY ALARM & FIRE MONITORING SVCS 10/03/2016 B 10-022-61-00 116.70 116.70 116.70 73339 10/12/2016 EZ SUNNYDAY LANDSCAPE 11362 SEP MONTHLY MAINTENANCE 09/20/2016 73338 10/12/2016 EYEMED FIDELITY SECURITY LIFE 3670453 OCT EMPLOYEE PAID VISION INSURANCE 10/01/2016 E 10-172-250-000-000 87.00 E 10-370-250-000-000 43.50 130.50 130.50 73337 10/12/2016 DATA QUICK B1-2567463 AUG 2016 UPDATES TO PROPERTY DATA PROGRAM 09/01/2016 5.b Packet Pg. 52 At t a c h m e n t : B - C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ( 2 0 6 0 : A p p r o v a l o f C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ) Invoice # CITY OF GRAND TERRACE As of 10/31/2016 Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register E 09-447-238-000-000 1,718.00 E 16-510-238-000-000 63.56 1,781.56 7,114.07 E 26-602-238-000-000 58.10 5,332.51 SEP 2016 EDISON-CSEP 2016 ENERGY USAGE 10/12/2016 E 16-510-238-000-000 5,183.11 E 26-600-238-000-000 49.80 E 26-601-238-000-000 41.50 B 10-022-62-00 93.40 93.40 93.40 73347 10/12/2016 SO CA EDISON COMPANY SEP 2016 EDISON-BSEP 2016 ENERGY USAGE 10/12/2016 E 10-195-247-000-000 132.42 132.42 273.12 73346 10/12/2016 PUBLIC EMPLOYEES RETIREMENT 100000014806900 INTFY 2015-16 RETIREMENT CONTRIBUTIONS FOR RATE PLAN 30104 INTEREST10/07/2016 E 10-195-247-000-000 140.70 140.70 2588440 OCT-DEC2ND QTR ALARM MONITORING SERVICE 09/14/2016 E 10-370-210-000-000 3.30 3.30 90.95 73345 10/12/2016 PROTECTION ONE 3020955 OCT-DEC2ND QTR ALARM MONITORING SERVICE 09/14/2016 E 10-125-210-000-000 87.65 87.65 866508626001 OFFICE SUPPLIES 09/22/2016 73344 10/12/2016 OFFICE DEPOT 869428435001 OFFICE SUPPLIES 10/04/2016 5.b Packet Pg. 53 At t a c h m e n t : B - C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ( 2 0 6 0 : A p p r o v a l o f C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ) Invoice # CITY OF GRAND TERRACE As of 10/31/2016 Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register E 10-195-245-000-000 181.80 181.80 181.80 E 10-805-238-000-000 151.09 151.09 151.09 73352 10/12/2016 COUNTY OF RIVERSIDE TLMA ADMINSTRATIONTL000012734 FY 2016-17 TRAFFIC SIGNAL LIGHTS MONITORING 09/22/2016 73351 10/12/2016 TIME WARNER CABLE 8448..7245 OCTOCT 2016 SENIOR CENTER CABLE SERVICES 09/28/2016 E 09-445-221-000-000 51.19 E 09-446-220-000-000 631.77 682.96 2,908.75 E 09-441-220-000-000 1,875.71 E 09-447-220-000-000 350.08 2,225.79 610050840 FY 2016-17 C.CARE FOOD SUPPLIES 10/05/2016 495.52 495.52 73350 10/12/2016 SYSCO RIVERSIDE INC 610050839 FY 2016-17 C.CARE FOOD SUPPLIES 10/05/2016 E 09-447-238-000-000 121.00 E 10-190-238-000-000 234.66 E 10-805-238-000-000 139.86 73349 10/12/2016 SPARKLETTS 9637116 100116SEP 2016 BOTTLED WATER 10/01/2016 E 10-175-272-000-000 7.80 E 10-185-272-000-000 2.60 13.00 614.97 601.97 SEP2016 CNG GASSEP2016 CNG GAS 10/12/2016 E 09-447-272-000-000 2.60 E 09-447-238-000-000 49.12 E 10-190-238-000-000 452.20 E 10-805-238-000-000 100.65 73348 10/12/2016 SO CA GAS COMPANY SEP2016 NATURAL GASSEP2016 NATURAL GAS 10/12/2016 5.b Packet Pg. 54 At t a c h m e n t : B - C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ( 2 0 6 0 : A p p r o v a l o f C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ) Invoice # CITY OF GRAND TERRACE As of 10/31/2016 Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register B 23-250-10-00 495.00 495.00 495.00 B 23-250-20-00 412.28 412.28 412.28 73359 10/19/2016 AMERICAN FIDELITY ASSURANCE CO1341701A NOV EMP PAID FLEX SPEND/DEP CARE 09/27/2016 E 10-805-245-000-000 160.83 160.83 160.83 73358 10/19/2016 AMERICAN FIDELITY ASSURANCE COB527937 NOV EMP PAID ACCIDENT/SUPP LIFE 11/01/2016 2,600.00 2,600.00 73357 10/19/2016 ADT SECURITY SERVICES 601426931 2ND QTR SENIOR CENTER SECURITY MONITORING 09/26/2016 E 26-600-257-000-000 866.67 E 26-601-257-000-000 866.67 E 26-602-257-000-000 866.66 B 23-500-62-00 1,500.00 1,500.00 1,500.00 73356 10/12/2016 WILLDAN 010-31926 CONSULTING SERVICES: LANDSCAPE & LIGHTING DISTRICT07/29/2016 E 10-808-235-000-000 15.66 15.66 15.66 73355 10/12/2016 RUBEN VILLAMAR B2267 REFUND OF DEPOSIT PROJECT #2267 10/12/2016 E 16-900-229-000-000 16.20 16.20 16.20 73354 10/12/2016 VERIZON WIRELESS 9772682540 EOC VERIZON CELL TOWER MONTHLY BILLING 09/25/2016 73353 10/12/2016 TRAFFIC MANAGEMENT INC 311360 FY 2016-17 GENERAL TRAFFIC SUPPLIES & SIGNS 09/19/2016 5.b Packet Pg. 55 At t a c h m e n t : B - C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ( 2 0 6 0 : A p p r o v a l o f C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ) Invoice # CITY OF GRAND TERRACE As of 10/31/2016 Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register E 10-110-142-000-000 337.50 337.50 337.50 E 61-461-100-000-000 2,000.00 2,000.00 2,000.00 73366 10/19/2016 JACQUELINE MITCHELL SEP 2016 JM SEP 2016 HEALTH REIMBURSEMENT-MITCHELL 10/19/2016 E 10-195-245-000-000 16.86 16.86 16.86 73365 10/19/2016 GRAND TERRACE YOUTH FOOTBALL 2017-100420162016 GRAND TERRACE CITY SCHOLARSHIPS 10/04/2016 E 16-900-254-000-000 4,833.34 4,833.34 4,833.34 73364 10/19/2016 FRUIT GROWERS SUPPLY 91803832 LANDSCAPE MAINTENANCE SUPPLIES 10/03/2016 73363 10/19/2016 CLEAN STREET 83692 SEP STREET SWEEPING SERVICES 09/30/2016 E 10-175-272-000-000 726.66 E 10-185-272-000-000 50.82 777.48 777.48 E 10-190-226-000-000 32.00 32.00 32.00 73362 10/19/2016 CHEVRON TEXACO CARD SERVICES 48631457 SEP 2016 VEHICLE FUEL 10/06/2016 73361 10/19/2016 CA STATE DEPT OF JUSTICE 185336 FY 2016-17 FINGERPRINTING 09/06/2016 E 10-805-235-000-000 264.27 E 10-808-235-000-000 166.28 1,451.46 1,451.46 E 09-447-235-000-000 432.59 E 10-190-235-000-000 485.60 E 10-450-235-000-000 102.72 73360 10/19/2016 AT AND T SEP 2016 AT & TSEP 2016 AT & T 10/19/2016 5.b Packet Pg. 56 At t a c h m e n t : B - C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ( 2 0 6 0 : A p p r o v a l o f C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ) Invoice # CITY OF GRAND TERRACE As of 10/31/2016 Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register E 10-370-210-000-000 4.00 4.00 4.00 E 10-190-250-000-000 229.50 229.50 229.50 73373 10/19/2016 SB COUNTY ASSESSOR 107381 UPDATED ASSESSOR PARCEL MAPS 10/11/2016 E 10-140-241-000-000 248.00 248.00 248.00 73372 10/19/2016 ROTO ROOTER PLUMBERS IE275234 FIRE STATION PLUMBING SERVICES 09/16/2016 E 10-175-272-000-000 489.13 489.13 489.13 73371 10/19/2016 ROADRUNNER SELF STORAGE INC 20755 OCT 2016 STORAGE RENTAL 10/17/2016 E 10-172-210-000-000 24.06 24.06 24.06 73370 10/19/2016 QUICK LANE Q42336 2001 FORD F-250 MAINTENANCE 10/19/2016 E 10-175-210-000-000 15.99 15.99 94.60 73369 10/19/2016 ON TRAC 8508975 SEP PLAN CHECK DELIVERY SERVICES 10/01/2016 E 10-175-210-000-000 78.61 78.61 869949537001 PUBLIC WORKS/ PLANNING & DEVELOPMENT OFFICE SUPPLIES10/06/2016 E 49-445-702-000-000 3,013.25 3,013.25 3,013.25 73368 10/19/2016 OFFICE DEPOT 866508625001 PUBLIC WORKS/ PLANNING & DEVELOPMENT OFFICE SUPPLIES09/22/2016 73367 10/19/2016 MOORE IACOFANO GOLTSMAN INC 0045466 FY 2016-17 JULY PARK ASSESSMENTS AND DESIGN 08/15/2016 5.b Packet Pg. 57 At t a c h m e n t : B - C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ( 2 0 6 0 : A p p r o v a l o f C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ) Invoice # CITY OF GRAND TERRACE As of 10/31/2016 Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register E 33-300-210-000-000 1,035.00 1,035.00 3,735.00 E 33-300-210-000-000 2,700.00 2,700.00 786695000 1993 SERIES A& B REFUNDING ESCROW AGENT 07/25/2016 E 10-805-238-000-000 68.84 68.84 168.83 73379 10/19/2016 US BANK TRUST NATL ASSOC 4357986 2011 TABS SERIES A&B TRUSTEE FEES 07/25/2016 E 09-447-238-000-000 99.99 99.99 8448..7046 OCT-NOVOCT-NOV CITY HALL CABLE SERVICES 10/06/2016 E 10-175-218-000-000 529.46 529.46 529.46 73378 10/19/2016 TIME WARNER CABLE 8448...4289 OCT-NOVOCT-NOV CHILD CARE INTERNET SERVICES 10/07/2016 E 10-190-238-000-000 29.59 29.59 29.59 73377 10/19/2016 THE COMPUTERIZED EMBROIDERY CO27683 PUBLIC WORKS UNIFORMS FOR MAINTENANCE STAFF 09/21/2016 E 16-510-255-000-000 702.00 702.00 3,010.17 73376 10/19/2016 SO CA GAS COMPANY SEP2016 GAS 2SEP2016 NATURAL GAS 10/19/2016 E 16-510-255-000-000 2,308.17 2,308.17 5610018562 FY 2016-17 TRAFFIC SIGNAL MAINTENANCE 10/10/2016 E 10-175-272-000-000 144.72 144.72 144.72 73375 10/19/2016 SIEMENS INDUSTRY INC 5620012972 FY 2016-17 TRAFFIC SIGNAL MAINTENANCE 10/10/2016 73374 10/19/2016 SHELL FLEET MANAGEMENT 0000008000209687610SEP 2016 FUEL VEHICLE 10/19/2016 5.b Packet Pg. 58 At t a c h m e n t : B - C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ( 2 0 6 0 : A p p r o v a l o f C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ) Invoice # CITY OF GRAND TERRACE As of 10/31/2016 Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register E 10-370-210-000-000 32.40 32.40 32.40 E 10-125-250-000-000 540.00 540.00 1,090.00 73384 10/26/2016 ACCENT GRAPHICS AND DESIGN 16-0789 250 BUSINESS CARDS-JESSICA LAMBARENA 10/11/2016 E 10-125-250-000-000 550.00 550.00 INV-ACC24954OCT MINUTETRAQ SUBSCRIPTION & HOSTING 10/12/2016 73383 10/26/2016 ACCELA INC 774375 INV-ACC24952OCT MINUTETRAQ SUBSCRIPTION & HOSTING 10/12/2016 E 10-195-245-000-000 106.50 E 10-805-245-000-000 38.00 144.50 1,177.00 E 10-805-245-000-000 38.00 1,032.50 4319783 JUL PEST CNTL SRVS: CITY HALL, BLDG & SAFETY & SR CNTR07/31/2016 E 09-447-245-000-000 38.00 E 10-195-245-000-000 106.50 E 10-450-245-000-000 850.00 R 10-450-01 50.00 50.00 50.00 73382 10/19/2016 WESTERN EXTERMINATORS CO 4387880 AUG PEST CNTL SRVS: CITY HALL, BLDG & SAFETY, C.CARE, SR CNTR08/31/2016 73381 10/19/2016 DELIA VILLARREAL 09222016DV DEPOSIT REFUND TO DELIA VILLARREAL FOR SHELTER 09/22/2016 E 10-185-235-000-000 131.57 E 16-510-236-000-000 342.99 817.61 817.61 E 09-445-235-000-000 20.00 E 09-446-235-000-000 40.00 E 10-175-240-000-000 283.05 73380 10/19/2016 VERIZON WIRELESS 9772833796 PUBLIC WORKS & C. CARE CELL PHONES 10/01/2016 5.b Packet Pg. 59 At t a c h m e n t : B - C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ( 2 0 6 0 : A p p r o v a l o f C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ) Invoice # CITY OF GRAND TERRACE As of 10/31/2016 Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register B00-002-233 E 10-172-273-000-000 100.00 100.00 100.00 12,707.45 12,707.45 73389 10/26/2016 C B TYRES RECYCLING RESOURCES 18735 DISPOSAL OF WASTE TIRES 10/05/2016 E 10-195-246-000-000 1,226.48 E 22-425-301-000-000 10,840.00 B 23-200-86-00 640.97 E 10-187-256-010-000 256.25 256.25 256.25 73388 10/26/2016 BARR DOOR INC 26164 CITY HALL DOOR REPLACEMENTS 05/25/2016 E 16-900-257-000-000 328.32 328.32 328.32 73387 10/26/2016 AVID IDENTIFICATION SYSTEMS 374283 AVID PET ID CHIPS 10/20/2016 1,655.00 24,501.00 73386 10/26/2016 AN WIL BAG COMPANY 49432 COLD PATCH ASPHALT REPAIR 10/03/2016 R 10-410-06 259.00 B 23-200-23-00 1.00 B 23-500-57-00 1,340.00 B 23-500-56-00 8,715.00 9,030.00 REFUND OF DEPOSIT AND PERMIT 10/26/2016 R 10-410-01 55.00 R 10-410-01 55.00 R 10-410-06 259.00 B 23-200-23-00 1.00 B 23-500-55-00 13,500.00 13,816.00 B00-002-232 REFUND OF DEPOSIT AND PERMIT 10/26/2016 R 10-410-01 55.00 R 10-410-06 259.00 B 23-200-23-00 2.00 73385 10/26/2016 AD IMPROVEMENTS INC B00-002-223 REFUND OF DEPOSIT AND PERMIT 10/26/2016 5.b Packet Pg. 60 At t a c h m e n t : B - C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ( 2 0 6 0 : A p p r o v a l o f C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ) Invoice # CITY OF GRAND TERRACE As of 10/31/2016 Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register E 09-447-220-000-000 355.22 355.22 355.22 B 10-022-63-00 1,055.55 1,055.55 1,055.55 73395 10/26/2016 CINTAS CORPORATION 150 150760071 CHILD CARE SUPPLIES 10/19/2016 E 16-900-220-000-000 380.00 380.00 380.00 73394 10/26/2016 CALPERS 457 PLAN PR END 10072016 457PR END 10072016 EMPLOYEE 457 PLAN CONTRIBUTIONS 10/07/2016 73393 10/26/2016 CAL STRIPE INC 16212-FINAL 2016-17 VAN BUREN TARFFIC CALMING 08/29/2016 R 10-700-01 -20.49 B 23-200-21-00 409.36 388.87 388.87 73392 10/26/2016 CA STATE DEPT OF CONSERVATION CONSV-JUL2016-SEP162016-17 SMIP 1ST QUARTER (JUL2016-SEP2016)10/26/2016 E 32-200-142-000-000 812.34 E 65-425-142-000-000 543.77 12,811.00 12,811.00 E 10-370-142-000-000 983.59 E 10-450-142-000-000 689.72 E 16-175-142-000-000 273.70 E 10-125-142-000-000 435.18 E 10-175-142-000-000 1,581.98 E 10-190-142-000-000 1,096.18 E 09-447-142-000-000 1,556.52 B 10-022-61-00 3,938.73 E 10-120-142-000-000 899.29 E 16-510-238-000-000 256.13 256.13 256.13 73391 10/26/2016 CA PUB EMPLOYEES RETIRE SYSTEM2143 NOV 2016 PERS HEALTH INSURANCE 10/15/2016 73390 10/26/2016 CA DEPT OF TRANSPORTATION SL170212 FY 2016-17 RAMPS, ENERGY, & MAINTENANCE 10/12/2016 5.b Packet Pg. 61 At t a c h m e n t : B - C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ( 2 0 6 0 : A p p r o v a l o f C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ) Invoice # CITY OF GRAND TERRACE As of 10/31/2016 Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register 24363 E 10-450-245-000-000 31.56 31.56 31.56 4,390.00 4,390.00 73401 10/26/2016 FRUIT GROWERS SUPPLY 91807770 LANDSCAPE MAINTENANCE SUPPLIES 10/19/2016 E 10-195-255-000-000 200.00 E 26-600-255-000-000 4,110.00 E 26-601-255-000-000 80.00 73400 10/26/2016 EZ SUNNYDAY LANDSCAPE 11724 `CIVIC CENTER MAINTENANCE 10/22/2016 E 10-172-250-000-000 87.00 E 10-370-250-000-000 43.50 130.50 130.50 E 10-125-230-000-000 404.80 404.80 404.80 73399 10/26/2016 DATA QUICK B1-2577650 SEP 2016 UPDATES TO PROPERTY DATA PROGRAM 10/03/2016 E 10-380-250-000-000 5,445.00 5,445.00 5,445.00 73398 10/26/2016 DAILY JOURNAL CORPORATION B2936258 PUBLIC NOTICE: NOTICE INVITING BIDS NO. GTB 2016-06 10/17/2016 93.89 382.03 73397 10/26/2016 CITY OF LOMA LINDA 2663 NOV 2016 INFO SYSTEMS SUPPORT 10/05/2016 126.26 24409 ORDINANCE NO. 298 2ND SUMMARY 10/18/2016 E 10-125-230-000-000 93.89 E 10-125-230-000-000 161.88 161.88 PUBLIC HEARING NOTICE 10/11/2016 E 10-125-230-000-000 126.26 73396 10/26/2016 CITY NEWSPAPER GROUP 24408 PLANNING COMMISSION HEARING NOTICE 10/18/2016 5.b Packet Pg. 62 At t a c h m e n t : B - C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ( 2 0 6 0 : A p p r o v a l o f C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ) Invoice # CITY OF GRAND TERRACE As of 10/31/2016 Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register 195016 E 10-370-250-000-000 1,257.83 1,257.83 1,257.83 E 10-172-265-000-000 135.00 135.00 135.00 73408 10/26/2016 JH DOUGLAS AND ASSOCIATES 6 FY 2016-17 HOUSING CONSULTANT SRVS 09/30/2016 E 10-140-265-000-000 200.00 200.00 200.00 73407 10/26/2016 INTERNATIONAL CODE COUNCIL 3111448 GOVERNMENTAL MEMBER DUES-SHIELDS 10/11/2016 E 10-110-142-000-000 150.00 150.00 150.00 73406 10/26/2016 ICMA 892119 FY 2016-17 MEMBERSHIP DUES 10/26/2016 73405 10/26/2016 WILLIAM HUSSEY SEP 2016 WH SEP 2016 HEALTH INS REIMB-WH 10/26/2016 R 10-410-06 59.80 B 23-200-23-00 1.00 60.80 60.80 75.00 75.00 73404 10/26/2016 HORIZON SOLAR POWER B00-002-196 REFUND OF PERMIT B00-002-196 10/26/2016 E 10-175-246-000-000 25.00 E 10-195-247-000-000 25.00 E 10-450-246-000-000 25.00 85.00 485.00 73403 10/26/2016 HIGH TECH SECURITY SYSTEMS 118600 NOV SECURITY ALARM & FIRE MONITORING SVCS 10/03/2016 E 10-195-245-000-000 400.00 400.00 FY 2016-17 GOPHER REMOVAL SVCS - PARKS, CITY HALL 09/23/2016 E 10-195-245-000-000 85.00 73402 10/26/2016 GOPHER PATROL 199080 FY 2016-17 GOPHER REMOVAL SVCS - PARKS, CITY HALL 10/11/2016 5.b Packet Pg. 63 At t a c h m e n t : B - C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ( 2 0 6 0 : A p p r o v a l o f C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ) Invoice # CITY OF GRAND TERRACE As of 10/31/2016 Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register R 10-300-03 24,640.00 24,640.00 24,640.00 B 10-022-68-00 223.72 223.72 223.72 73414 10/26/2016 ONE SOURCE DISTRIBUTORS OSD 3 2016 2016 3RD QUARTER ECONOMIC DEVELOPMENT INCENTIVE PAYMENT10/26/2016 B 10-022-66-00 1,061.39 1,061.39 1,061.39 73413 10/26/2016 MIDAMERICA ADMIN AND RETIRE PR END 10072016 ARSPR END 10072016 ARS RETIREMENT CONTRIBUTIONS 10/07/2016 E 10-190-235-000-000 1,312.05 1,312.05 1,312.05 73412 10/26/2016 LINCOLN NATIONAL LIFE INSURANC LCLN NOV 2016NOV LIFE/AD&D/DEP LIFE/WI/LTD 10/25/2016 120.00 120.00 73411 10/26/2016 LEVEL 3 COMMUNICATIONS 47795673 OCT PHONE AND INTERNET SERVICES 10/17/2016 E 10-110-270-000-000 40.00 E 10-120-270-000-000 40.00 E 10-140-270-000-000 40.00 E 32-200-251-000-000 869.50 869.50 12,493.00 73410 10/26/2016 LEAGUE OF CALIFORNIA CITIES LOCC 10052016ANNUAL CONFERENCE MEETING 10/05/2016 E 10-160-250-000-000 5,167.00 5,167.00 79287 FY 2016-17 LEGAL SERVICES 09/30/2016 E 32-200-251-000-000 6,456.50 6,456.50 79285 FY 2016-17 LEGAL SERVICES 09/30/2016 73409 10/26/2016 JONES AND MAYER 79286 FY 2016-17 LEGAL SERVICES 09/30/2016 5.b Packet Pg. 64 At t a c h m e n t : B - C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ( 2 0 6 0 : A p p r o v a l o f C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ) Invoice # CITY OF GRAND TERRACE As of 10/31/2016 Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register E 10-195-245-000-000 17,653.00 17,653.00 17,653.00 73419 10/26/2016 ROQUET PAVING INC 1003-16 ASPHALT REPAIRS ON MAINTENANCE YARD ENTRACE 10/17/2016 E 52-700-238-001-000 13.18 E 52-700-238-002-000 13.18 10,954.39 10,954.39 E 32-600-307-000-000 26.36 E 32-600-326-000-000 26.36 E 48-600-330-010-000 90.66 E 32-600-214-000-000 52.76 E 32-600-216-000-000 13.18 E 32-600-301-000-000 13.18 E 10-805-238-000-000 2,130.50 E 26-600-239-000-000 393.46 E 26-601-239-000-000 55.40 E 09-447-238-000-000 173.02 E 10-190-238-000-000 878.31 E 10-450-238-000-000 7,074.84 B 23-200-14-00 75.00 75.00 75.00 73418 10/26/2016 RIVERSIDE HIGHLAND WATER CO AUG/SEP 2016 RHWCAUG/SEP 2016 WATER USE 10/26/2016 B 10-022-62-00 8,008.85 8,008.85 8,008.85 73417 10/26/2016 RAYCO PLUMBING HEATING AIR 3548 C. CARE TOILET MAINTENANCE 09/06/2016 E 09-447-244-000-000 1,020.00 1,020.00 2,040.00 73416 10/26/2016 PUBLIC EMPLOYEES RETIREMENT PR END 10072016 PERSPR END 10072016 PERS RETIREMENT CONTRIBUTIONS 10/07/2016 E 09-447-244-000-000 1,020.00 1,020.00 1029 OCT 2016 JANITORIAL SERVICES 10/19/2016 73415 10/26/2016 PROGREEN BUILDING MAINTENANCE1028 SEP 2016 JANITORIAL SERVICES 10/18/2016 5.b Packet Pg. 65 At t a c h m e n t : B - C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ( 2 0 6 0 : A p p r o v a l o f C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ) Invoice # CITY OF GRAND TERRACE As of 10/31/2016 Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register 285.00 285.00 E 09-447-245-000-000 38.00 E 10-195-245-000-000 209.00 E 10-805-245-000-000 38.00 E 16-900-229-000-000 132.19 132.19 132.19 73425 10/26/2016 WESTERN EXTERMINATORS CO 4477102 SEP PEST CNTL SRVS: CITY HALL, BLDG & SAFETY, C.CARE, SR CNTR09/30/2016 E 10-195-245-000-000 57.49 57.49 57.49 73424 10/26/2016 TRAFFIC MANAGEMENT INC 306725 FY 2016-17 GENERAL TRAFFIC SUPPLIES & SIGNS 08/23/2016 E 10-805-238-000-000 58.91 58.91 58.91 73423 10/26/2016 COUNTY OF RIVERSIDE TLMA ADMINSTRATIONTL0000012795FY 2016-17 TRAFFIC SIGNAL LIGHTS MONITORING 10/13/2016 E 10-190-265-000-000 1,341.00 1,341.00 1,341.00 73422 10/26/2016 TIME WARNER CABLE 8448..3825 NOVNOV 2016 CIVIC CENTER CABLE SERVICES 10/14/2016 E 10-450-245-000-000 364.21 364.21 364.21 73421 10/26/2016 SO CA ASSOC OF GOVERNMENT 05162016 SCAGFY 2016-17 ANNULA DUES 05/16/2016 73420 10/26/2016 SITEONE LANDSCAPE SUPPLY 10172016 FY 2016-17 PARKS IRRIGATION SUPPLIES 10/17/2016 5.b Packet Pg. 66 At t a c h m e n t : B - C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ( 2 0 6 0 : A p p r o v a l o f C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ) Invoice # CITY OF GRAND TERRACE As of 10/31/2016 Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register 786695000 256,718.01 117 checks in this report Total Checks:671,095.73 9062016 E 10-172-250-100-000 3,185.00 3,185.00 7,870.00 10/06/2016 US BANK TRUST NATL ASSOC GTTAB20111A 090116-22011 TABS SERIES A&B TRUSTEE FEES 09/06/2016 E 10-172-250-000-000 4,685.00 4,685.00 002-17230 SEP BUILDING OFFICIAL COVERAGE 10/05/2016 73426 10/26/2016 WILLDAN 002-17193 SEP 2016 PLAN CHECK/INSPECTION SERVICES 10/05/2016 E 33-300-210-000-000 256,718.01 256,718.01 1993 SERIES A& B REFUNDING ESCROW AGENT 07/25/2016 5.b Packet Pg. 67 At t a c h m e n t : B - C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ( 2 0 6 0 : A p p r o v a l o f C h e c k R e g i s t e r N o . 1 0 3 1 2 0 1 6 ) AGENDA REPORT MEETING DATE: November 15, 2016 Council Item TITLE: Environmentally Preferable Purchasing and Practices Policy Required for CalRecycle Grant Programs PRESENTED BY: Yanni Demitri, Public Works Director RECOMMENDATION: Approve an Environmentally Preferable Purchasing and Practices Policy for CalRecycle Grant Eligibility 2030 VISION STATEMENT: This staff report supports Goal #1, "Ensuring Fiscal Viability" by identifying additional revenue sources. BACKGROUND: On October 25, 2016, the City Council passed a resolution authorizing the City Manager or his designee to apply for CalRecycle grants. DISCUSSION: The City submitted an application to the CalRecyle Rubberized Pavement Grant Program on October 26, 2016. One of the requirements of the Rubberized Pavement Grant Program is the adoption of an Environmentally Preferable Purchasing and Practices (EPPP) Policy by the City's governing body. The policy must be adopted by the grant’s secondary application deadline, November 29, 2016. The purpose of the EPPP Policy is to create a model for successfully purchasing environmentally preferable products for the City of Grand Terrace and to meet the eligibility requirement for present and future CalRecycle grant funding opportunities. Nothing contained in this policy shall be construed as requiring a department, purchaser or contractor to procure products that do not perform adequately for their intended use, exclude adequate competition, risk the health or safety of workers and citizens, or are not available at a reasonable price in a reasonable period of time. The policy was derived from the CalRecycle template and reviewed by the Public Works and Finance Departments. The Finance Department has committed to developing a core set of fiscal policies to improve the City’s internal controls, accountability and overall financial management. This EPPP Policy will be added on to the City’s existing Fiscal Policy under Section 3: Policies Related to General Fiscal Management as an addendum to section 3.01: Purchasing. This revision will be labeled as section 3.01.01: Environmentally Preferable Purchasing and Practices. The following is a listing of the 6 Packet Pg. 68 policies that have been approved and the policy in bold and highlighted in red is the proposed addition: Policies Related to Safeguarding of Assets (Section 1) Cash Handling & Control (1.01) Petty Cash Funds & Change Boxes (1.02) Accounts Receivable (1.03) Investments (1.04) Fixed Assets (1.05) Disposition of Surplus Property (1.06) Fraud Prevention & Detection (1.07) Policies Related to Liability (Section 2) Accounts Payable (2.01) Policies Related to General Fiscal Management (Section 3) Purchasing (3.01) o 3.01.01: Environmentally Preferable Purchasing and Practices Budget Appropriation Adjustments (3.02) Travel & Related Business Expenses (3.03) Grants (3.04) Donations (3.05) Reserves (3.06) Unclaimed Money (3.07) STAFF RECOMMENDATION Staff recommends that Council adopt the Environmentally Preferable Purchasing and Practices Policy to allow eligibility for present and future CalRecycle grant funding opportunities. FISCAL IMPACT: The City can receive grant funding from CalRecycle Grant Programs estimated at $60,000 for the year 2016-2017 to be used for pavement projects. ATTACHMENTS:  Grand Terrace EPPP Policy (DOCX) APPROVALS: Yanni Demitri Completed 11/09/2016 10:00 AM Finance Completed 11/09/2016 11:32 AM City Attorney Completed 11/09/2016 2:59 PM 6 Packet Pg. 69 City Manager Completed 11/09/2016 3:32 PM City Council Pending 11/15/2016 6:00 PM 6 Packet Pg. 70 This page left intentionally blank. Page 1 CITY OF GRAND TERRACE ENVIRONMENTALLY PREFERABLE PURCHASING POLICY 1.0 STATEMENT OF POLICY It is the policy of the City of Grand Terrace to: • Institute practices that reduce waste by increasing product efficiency and effectiveness; • Purchase products that minimize environmental impacts, toxics, pollution, and hazards to worker and community safety; • Purchase products that reduce greenhouse gas emissions in their production, shipping, use and discard; and • Purchase products that include recycled content, are durable and long-lasting, and conserve energy and water 2.0 PURPOSE This Policy is adopted in order to:  Conserve natural resources,  Minimize environmental impacts such as pollution and use of water and energy,  Eliminate or reduce toxics that create hazards to workers and our community,  Support strong recycling markets,  Reduce materials that are landfilled,  Increase the use and availability of environmentally preferable products that protect the environment,  Identify environmentally preferable products and distribution systems,  Reward manufacturers and vendors that reduce environmental impacts in their production and distribution systems or services, and  Create a model for successfully purchasing environmentally preferable products and encourage other purchasers in our community to adopt similar goals. 3.0 STRATEGIES FOR IMPLEMENTATION 3.1 Source Reduction 3.1.1 Institute practices that reduce waste, encourage reuse, and result in the purchase of fewer products. 3.1.2 Purchase remanufactured products such as toner cartridges, tires, furniture, equipment and automotive parts when possible. 3.1.3 Consider short-term and long-term costs in comparing product alternatives. This includes evaluation of total costs expected during the time a product is owned, including, but not limited to, acquisition, extended warranties, operation, supplies, maintenance and replacement parts, disposal costs and expected lifetime compared to other alternatives. 6.a Packet Pg. 71 At t a c h m e n t : G r a n d T e r r a c e E P P P P o l i c y ( 2 0 6 6 : E n v i r o n m e n t a l l y P r e f e r a b l e P u r c h a s i n g a n d P r a c t i c e s P o l i c y ) ENVIRONMENTALLY PREFERABLE PURCHASING MODEL POLICY Page 2 3.1.4 Purchase products that are durable, long lasting, reusable or refillable and to the extent possible avoid purchasing one-time use or disposable products. 3.1.5 Request vendors eliminate packaging or use the minimum amount necessary for product protection. Vendors shall be encouraged to take back packaging for reuse. 3.1.6 Specify a preference for packaging that is reusable, recyclable or compostable, when suitable uses and programs exist. 3.1.7 Encourage vendors to take back and reuse pallets and other shipping materials. 3.1.8 Encourage suppliers of electronic equipment, including but not limited to computers, monitors, printers, and copiers, to take back equipment for reuse or environmentally sound recycling when the City of Grand Terrace discards or replaces such equipment, whenever possible. 3.1.9 Consider provisions in contracts with suppliers of non-electronic equipment that require suppliers to take back equipment for reuse or environmentally sound recycling when the City of Grand Terrace discards or replaces such equipment, whenever possible. 3.1.10 Promote electronic distribution of documents rather than printing or copying. 3.1.11 When producing paper documents, print and copy all documents on both sides to reduce the use and purchase of paper. Printers and copiers shall be set to default to duplex. 3.1.12 Reduce the number and type of equipment needed to perform office functions to save energy and reduce purchasing and maintenance costs. Eliminate desktop printers, redundant network printers and reduce the number of fax machines leased or owned by the City of Grand Terrace. Consider lease or purchase of multi- function devices. 3.1.13 Ensure all imaging equipment is installed with energy and resource-efficient settings set as default. 3.2 Recycled Content Products 3.2.1 Purchase products for which the United States Environmental Protection Agency (U.S. EPA) has established minimum recycled content standard guidelines, such as those for printing paper, office paper, janitorial paper, construction, landscaping, parks and recreation, transportation, vehicles, miscellaneous and non-paper office products. 3.2.2 Purchase multi-function devices, copiers and printers compatible with the use of recycled content and remanufactured products. 6.a Packet Pg. 72 At t a c h m e n t : G r a n d T e r r a c e E P P P P o l i c y ( 2 0 6 6 : E n v i r o n m e n t a l l y P r e f e r a b l e P u r c h a s i n g a n d P r a c t i c e s P o l i c y ) ENVIRONMENTALLY PREFERABLE PURCHASING MODEL POLICY Page 3 3.2.3 To the extent feasible and in accordance with California Public Contract Code, Sec. 10409, purchase re-refined lubricating and industrial oil for use in its vehicles and other equipment, as long as it is certified by the American Petroleum Institute (API) as appropriate for use in such equipment. This section does not preclude the purchase of virgin-oil products for exclusive use in vehicles whose warranties expressly prohibit the use of products containing recycled oil. 3.2.4 Ensure pre-printed recycled content papers intended for distribution that are purchased or produced contain a statement that the paper is recycled content and indicate the percentage of post-consumer recycled content. 3.3 Energy Efficient and Water Saving Products 3.3.1 Purchase energy-efficient equipment with the most up-to-date energy efficiency functions. This includes, but is not limited to, high efficiency space heating systems and high efficiency space cooling equipment. 3.3.2 Replace inefficient interior lighting with energy-efficient equipment when possible. 3.3.3 Replace inefficient exterior lighting, street lighting and traffic signal lights with energy-efficient equipment when possible. Minimize exterior lighting where possible to avoid unnecessary lighting of architectural and landscape features while providing adequate illumination for safety and accessibility. 3.3.4 Purchase U. S. EPA Energy Star certified products when available. 3.3.5 Purchase U.S. EPA WaterSense labeled water-saving products when available. This includes, but is not limited to, high-performance fixtures like toilets, low-flow faucets and aerators, and upgraded irrigation systems. 3.4 Green Building Products and Practices 3.4.1 Consider Green Building practices for design, construction, and operation as described in the LEED Rating Systems for all building and renovations undertaken by the City of Grand Terrace. 3.5 Landscaping Products and Practices 3.5.1 Select plants to minimize waste by choosing species for purchase that are appropriate to the microclimate, species that can grow to their natural size in the space allotted them, and perennials rather than annuals for color. Native and drought-tolerant plants that require no or minimal watering once established are preferred. 3.5.2 Hardscapes and landscape structures constructed of recycled content materials are encouraged. Limit the amount of impervious surfaces in the landscape. Permeable substitutes, such as permeable asphalt or pavers, are encouraged for walkways, patios and driveways. 6.a Packet Pg. 73 At t a c h m e n t : G r a n d T e r r a c e E P P P P o l i c y ( 2 0 6 6 : E n v i r o n m e n t a l l y P r e f e r a b l e P u r c h a s i n g a n d P r a c t i c e s P o l i c y ) ENVIRONMENTALLY PREFERABLE PURCHASING MODEL POLICY Page 4 3.6 Toxics and Pollution Prevention Products and Practices 3.6.1 Manage pest problems through prevention and physical, mechanical and biological controls when the City of Grand Terrace and its contractors maintain buildings and landscapes. 3.6.2 Use products with the lowest amount of volatile organic compounds (VOCs), highest recycled content, low or no formaldehyde and no halogenated organic flame retardants when purchasing building maintenance materials such as paint, carpeting, adhesives, furniture and casework. 3.6.3 Prohibit the purchase of products that use polyvinyl chloride (PVC) such as, but not limited to, furniture and flooring. 3.6.4 Purchase products and equipment with no lead or mercury whenever possible. For products that contain lead or mercury, the City of Grand Terrace should give preference to those products with lower quantities of these metals and to vendors with established lead and mercury recovery programs. In addition, whenever lead- or mercury-containing products require disposal, the City of Grand Terrace will dispose of those products in the most environmentally safe manner possible. All fluorescent lamps and batteries will be recycled. 3.6.5 Purchase or specify commercial carpeting that meets NSF/ANSI 140 Standard for Sustainable Carpet Assessment and require old carpet that is removed be recycled. 3.6.6 When replacing vehicles, consider less-polluting alternatives to diesel such as compressed natural gas, bio-based fuels, hybrids, electric batteries, and fuel cells, as available. 3.7 Bio-Based Products 3.7.1 Encourage the use of vehicle fuels made from non-wood, plant-based contents such as vegetable oils whenever practicable. 3.7.2 Use paper, paper products and construction products made from non-wood, plant- based contents such as agricultural crops and residues when feasible. 3.7.3 Use bio-based plastic products that are biodegradable and compostable, such as bags, film, food and beverage containers, and cutlery when feasible. 3.7.4 Purchase compostable plastic products that meet American Society for Testing and Materials (ASTM) standards as found in ASTM D6400. Meet ASTM D6868 standards for biodegradable plastics used as coatings on paper and other compostable substrates when feasible. 6.a Packet Pg. 74 At t a c h m e n t : G r a n d T e r r a c e E P P P P o l i c y ( 2 0 6 6 : E n v i r o n m e n t a l l y P r e f e r a b l e P u r c h a s i n g a n d P r a c t i c e s P o l i c y ) ENVIRONMENTALLY PREFERABLE PURCHASING MODEL POLICY Page 5 3.8 Forest Conservation Products 3.8.1 To the greatest extent practicable, do not procure wood products such as lumber and paper that originate from forests harvested in an environmentally unsustainable manner. 3.8.2 Encourage the purchase or use of previously used or salvaged wood and wood products whenever practicable. 4.0 RESPONSIBILITIES 4.1 City of Grand Terrace recognizes its duty to act in a fiscally responsible as well as a timely manner. 4.2 Nothing contained in this policy shall be construed as requiring a department, purchaser or contractor to procure products that do not perform adequately for their intended use, exclude adequate competition, risk the health or safety of workers and citizens, or are not available at a reasonable price in a reasonable period of time. 4.3 Nothing contained in this policy shall be construed as requiring the City of Grand Terrace, department, purchaser, or contractor to take any action that conflicts with local, state or federal requirements. 4.4 Grand Terrace has made significant investments in developing a successful recycling system and recognizes that recycled content products are essential to the continuing viability of that recycling system and for the foundation of an environmentally sound production system. 5.0 IMPLEMENTATION 5.1 The Director of Finance shall implement this policy in coordination with other appropriate Grand Terrace personnel. 5.2 Upon request, buyers making the selection from competitive bids shall be able to provide justification for product choices that do not meet the environmentally preferable purchasing criteria in this policy. 5.3 Encourage vendors, contractors and grantees to comply with applicable sections of this policy for products and services provided to the City of Grand Terrace. 6.0 PROGRAM EVALUATION 6.1 The Director of Finance shall periodically evaluate the success of this policy’s implementation and report to the City Council. 7.0 DEFINITIONS 7.1 “American Society for Testing and Materials” means ASTM International, an open forum for the development of high quality, market relevant international standards use around the globe. 6.a Packet Pg. 75 At t a c h m e n t : G r a n d T e r r a c e E P P P P o l i c y ( 2 0 6 6 : E n v i r o n m e n t a l l y P r e f e r a b l e P u r c h a s i n g a n d P r a c t i c e s P o l i c y ) ENVIRONMENTALLY PREFERABLE PURCHASING MODEL POLICY Page 6 7.2 “Bio-Based Products” means commercial or industrial products (other than food or feed) that utilize agricultural crops or residues but does not include products made from forestry materials. 7.3 “Biodegradable plastic” means the degradation of the plastic must occur as a result of the action of naturally occurring microorganisms. 7.4 “Buyer” means anyone authorized to purchase or contract for purchases on behalf of this jurisdiction or its subdivisions. 7.5 “Compostable plastic” means plastic that is biodegradable during composting to yield carbon dioxide, water and inorganic compounds and biomass, at a rate consistent with other known compostable materials and leaves no visually distinguishable or toxic residues. 7.6 “Contractor” means any person, group of persons, business, consultant, designing architect, association, partnership, corporation, supplier, vendor or other entity that has a contract with the City of Grand Terrace or serves in a subcontracting capacity with an entity having a contract with the City of Grand Terrace for the provision of goods or services. 7.7 “Degradable plastic” means plastic that undergoes significant changes in its chemical structure under specific environmental conditions. 7.8 “Energy Star” means the U.S. EPA’s energy efficiency product labeling program. 7.9 “Energy-Efficient Product” means a product that is in the upper 25% of energy efficiency for all similar products, or that is at least 10% more efficient than the minimum level that meets Federal standards. 7.10 “Federal Energy Management Program” is a program of the Department of Energy that issues a series of Product Energy Efficiency Recommendations that identify recommended efficiency levels for energy-using products. 7.11 “LEED Rating System” means the most recent version of the Leadership in Energy and Environmental Design (LEED) Rating System, approved by the U.S. Green Building Council, and designed for rating new and existing commercial, institutional, and residential buildings. 7.12 “NSF/ANSI” means NSF International follows the American National Standards Institute (ANSI) standards development process. Standards are developed by joint committees (balanced stakeholder groups of public health, industry and user representatives). 7.13 "Post-consumer Material" means a finished material which would normally be disposed of as a solid waste, having reached its intended end-use and completed its life cycle as a consumer item, and does not include manufacturing or converting wastes. 6.a Packet Pg. 76 At t a c h m e n t : G r a n d T e r r a c e E P P P P o l i c y ( 2 0 6 6 : E n v i r o n m e n t a l l y P r e f e r a b l e P u r c h a s i n g a n d P r a c t i c e s P o l i c y ) ENVIRONMENTALLY PREFERABLE PURCHASING MODEL POLICY Page 7 7.14 “Pre-consumer Material” means material or by-products generated after manufacture of a product is completed but before the product reaches the end-use consumer. Pre-consumer material does not include mill and manufacturing trim, scrap, or broke which is generated at a manufacturing site and commonly reused on-site in the same or another manufacturing process. 7.15 “Recovered Material” means fragments of products or finished products of a manufacturing process, which has converted a resource into a commodity of real economic value, and includes pre-consumer and post-consumer material but does not include excess resources of the manufacturing process. 7.16 “Recycled Content” means the percentage of recovered material, including pre- consumer and post-consumer materials, in a product. 7.17 “Recycled Content Standard” means the minimum level of recovered material and/or post-consumer material necessary for products to qualify as “recycled products.” 7.18 “Recycled Product” means a product that meets the City of Grand Terrace’s recycled content policy objectives for post-consumer and recovered material. 7.19 “Remanufactured Product” means any product diverted from the supply of discarded materials by refurbishing and marketing said product without substantial change to its original form. 7.20 “Reused Product” means any product designed to be used many times for the same or other purposes without additional processing except for specific requirements such as cleaning, painting or minor repairs. 7.21 “Source Reduction” refers to products that result in a net reduction in the generation of waste compared to their previous or alternate version and includes durable, reusable and remanufactured products; products with no, or reduced, toxic constituents; and products marketed with no, or reduced, packaging. 7.22 “U.S. EPA Guidelines” means the Comprehensive Procurement Guidelines established by the U.S. Environmental Protection Agency for federal agency purchases as of October 2007 and any subsequent versions adopted. 7.23 “Water-Saving Products” are those that are in the upper 25% of water conservation for all similar products, or at least 10% more water-conserving than the minimum level that meets the Federal standards. 7.24 “WaterSense” means a partnership program by the U.S. Environmental Protection Agency. Independent, third-party licensed certifying bodies certify that products meet EPA criteria for water efficiency and performance by following testing and certification protocols specific to each product category. Products that are certified to meet EPA specifications are allowed to bear the WaterSense label. 8.0 EFFECTIVE DATES 8.1 This policy shall take effect on November 15, 2016. 6.a Packet Pg. 77 At t a c h m e n t : G r a n d T e r r a c e E P P P P o l i c y ( 2 0 6 6 : E n v i r o n m e n t a l l y P r e f e r a b l e P u r c h a s i n g a n d P r a c t i c e s P o l i c y ) This page left intentionally blank. AGENDA REPORT MEETING DATE: November 15, 2016 Council Item TITLE: Award of Contract for HVAC Preventative Maintenance and Repair Services PRESENTED BY: Yanni Demitri, Public Works Director RECOMMENDATION: 1. Reject the lowest bid from Honeywell Building Solutions as unresponsive 2. Award a Contractor Agreement to ACCO Engineered Systems for HVAC Services 3. Authorize the City Manager to execute the Contract 2030 VISION STATEMENT: This staff report supports Goal #2 “Ensuring Our Fiscal Viability.” BACKGROUND: On August 15, 2005, the City entered into a 10-year Maintenance Service Agreement with Honeywell Building Solutions for heating, ventilation, and air conditioning (HVAC) Preventative Maintenance Services as well as Air Filter and Boiler Water Treatment Services. On September 30, 2016, Staff recommendation to authorize a purchase order of $25,102.12 for Honeywell pursuant to the Agreement’s automatic renewal clause was continued by Council to allow further evaluation of the HVAC services provided by Honeywell. DISCUSSION: City staff issued bid documents for HVAC Services in accordance with the City’s purchasing policy. On October 20, 2016, the City Clerk issued a Notice Inviting Bids for HVAC Maintenance and Repair Services. The Notice Inviting Bids was posted to the City website and sent directly to a bidder's list. At bid opening on November 7, 2016, two (2) bids were submitted to the City Clerk. The companies and their total base bids are as follows: Bid 1 Honeywell Building Solutions $15,670.00 Bid 2 ACCO Engineered Systems $22,850.00 Honeywell Building Solutions was the lowest bidder. However, their bid was non- responsive as they neglected to use the bid schedule issued with the Bid Addendum, and therefore, did not bid on a line item. ACCO Engineered Systems provided a responsive bid. The contractor's and subcontractor’s licenses are valid, in good 7 Packet Pg. 78 standing, and references provided positive feedback. The scope of work includes: HVAC equipment preventative maintenance and repair at City Hall, the Childcare Center and the Fire Station; Air Filter Service, Automation Service at City Hall, Boiler and Water Treatment Service, and a one-time comprehensive evaluation of the City’s HVAC systems with a report of the condition of the system and estimates for replacement or repair of equipment. The scope of work also calls for a warranty to be provided on replacement equipment. Furthermore, the scope of work requires an annual performance review, and allows the City to conduct inspections at any time to ensure the proper level of preventative maintenance service is performed on the HVAC equipment. Staff is recommending that Council reject the low bid from Honeywell Building Solutions as non-responsive, award a Contractor Agreement to ACCO Engineered Systems in an amount not to exceed $22,850 annually for HVAC Preventative Maintenance and Repair Services, and authorize the City Manager to execute the contract. FISCAL IMPACT: There are funds budgeted in the FY2016-17 Adopted Budget General Fund (10-195- 257) to cover the annual cost of HVAC Maintenance Services ($22,850) as shown in the table below. Fund Account Approved Budget Expended to Date Balance for Contract General Fund (10) Public Works-Facilities Maintenance (HVAC Agreement - 10-195-257-000) $33,730 ($2,200) $31,530 ATTACHMENTS:  16-08 Bid Summary (PDF)  Contractor Agreement with ACCO.pdf (PDF) APPROVALS: Yanni Demitri Completed 11/09/2016 3:06 PM Finance Completed 11/09/2016 3:23 PM City Attorney Completed 11/09/2016 4:02 PM City Manager Completed 11/09/2016 4:51 PM City Council Pending 11/15/2016 6:00 PM 7 Packet Pg. 79 This page left intentionally blank. D-1 CONTRACT AGREEMENT THIS CONTRACTORS AGREEMENT is made and entered into this day of 2016,by and between the CITY OF GRAND TERRACE a public entity, and ,("Contractor"),a California Corporation. 1.Scope of Services. Contractor shall perform all the services as described as follows: a)For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said City, said Contractor agrees with said City to perform and complete in a workmanlike manner all work required in the Scope of Services, attached as Exhibit A and incorporated by this reference. b)The Notice Inviting Bids, Instructions to Bidders, Proposal, Information required of Bidder,Specification, Drawings,Exhibits and all addenda issued by the City with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made a part of this Agreement. 2.Term. This Agreement shall be effective on the date first written above and the Agreement shall remain in effect for three years unless terminated as provided herein. 3.Compensation/Payment. Contractor shall perform the Services under this Agreement for the total sum not to exceed .Payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 4, hereof. 4.Notices. Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows: To City To 7.b Packet Pg. 81 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) D-2 City of Grand Terrace 22795 Barton Rd. Bldg.B Grand Terrace,CA 92313 5.Prevailing Wage. If applicable, Contractor and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented the City Council of the City of Grand Terrace. The is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. 6.Contract Administration. A designee of the City will be appointed to administer this Agreement on behalf of City and shall be referred to herein as Contract Administrator. 7.Standard of Performance. While performing the Services, Contractor shall exercise the reasonable care and skill customarily exercised by reputable members of Contractors in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its skill and expertise. 8.Personnel. Contractor shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation.Contractor recognizes that the qualifications and experience of the personnel to be used are vital to Contractor and timely completion of the Services. 9.Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in writing satisfactory to the parties. Contractor shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible Contract Administrator.Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 13.Contractor acknowledges that any transfer of rights may require City Manager and/or City Council approval. 10.Independent Contractor. In the performance of this Agreement, Contractor and his employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City or the City of Grand Terrace. Contractor acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or to provide compensation or unemployment insurance to Contractor to Contractors employees, subcontractors and agents. Contractor as an independent contractor shall be responsible for any and all taxes that apply to Contractor as an employer. 11.PERS Eligibility Indemnity. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer 7.b Packet Pg. 82 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) D-3 contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency,state or federal policy, rule,regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 12 Indemnifications. 12.1 Indemnity. Except as to the sole negligence or willful misconduct of the City, Contractor shall defend, indemnify and hold the City, and its officers,employees and agents, harmless from any and all loss, damage, claim for damage,liability, expense or cost, including fees, which arises out of or is in any way connected with the performance of work under this Agreement by Contractor or any of the Contractor's employees, agents or subcontractors and from all claims by Contractor's employees, subcontractors and agents for compensation for services rendered to in the performance of this Agreement, notwithstanding that the City may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor or of Contractor's employees, subcontractors or agents. 12.2 Attorn Fees.The parties expressly agree that any payment, fees, costs or expense that the City incurs or makes to or on behalf of an injured employee under the self-administered workers' compensation is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement. 13.Insurance. 13.1 General Provisions. Prior to the execution of this Agreement,Contractor shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and in the types, limits, forms and ratings required herein. The rating and required insurance policies and may be modified in writing by the Cit Risk Manager or City Attorney,or a designee, unless such modification is prohibited by law. 13.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on indemnification obligations under Section 12 hereof. 13.1.2 Ratings. Any insurance policy or coverage provided by Contractor as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy rating of A- or higher and a Financial Class of VII or higher. 13.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid. 13.1.4 Adequacy.The City, its officers,employees and agents make no representation that the types or limits of insurance specified to be carried by 7.b Packet Pg. 83 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) D-4 Contractor pursuant to this Agreement are adequate to protect. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage as deems adequate, at Contractor's sole expense. 13.2 Compensation Insurance: By executing this Agreement,certifies that Contractor is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for compensation, or to undertake self-insurance before commencing any of the work. Contractor shall carry the insurance or provide for self-insurance required by California law to protect said Contractor from claims under the Compensation Act. Prior to City's execution of this Agreement, Contractor shall file with City either (1) a certificate of insurance showing that such insurance is in effect, or that Contractor is self- insured for such coverage,or (2) a certified statement that Contractor has no employees, and acknowledging that if Contractor does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days prior written notice before modification or cancellation thereof. 13.3 Commercial General Liability and Automobile Insurance. Prior to City's execution of this Agreement, Contractor shall obtain,and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure against damages for personal injury,including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Contractor. The City and the City, and its officers, employees and agents,shall be named as additional under the insurance policies. 13.3.1 commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including,but not limited to, premises operations liability, products-completed operations liability, independent liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000. 13.3.2 Contractors automobile liability policy shall cover both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000. All of automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with performance of this Agreement, which vehicles shall include,but are not limited to, owned vehicles,leased vehicles, employee vehicles, non-owned vehicles and hired vehicles. 13.3.3 Prior to City's execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees and agents, as additional Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions: It is agreed that the City of Grand Terrace and its officers, employees and agents, are added as additional insures under this policy, solely for work done by and on 7.b Packet Pg. 84 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) D-5 behalf of the named insured for the City of Grand Terrace. 13.4 Insurance. Contractor shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss that may be caused by the scope of work and activities provided in furtherance of this Agreement, including,but without limitation, the following Workers Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability. Upon request, Contractor shall provide City with satisfactory evidence that Subcontractors have obtained insurance policies and required by this section. 14.Business Tax. Contractor understands that the Services performed under this Agreement constitutes doing business in the City of Grand Terrace,and Contractor agrees that Contractor will register for and pay a business tax pursuant to Chapter 5.04 of the Grand Terrace Municipal Code and keep such tax certificate current during the term of this Agreement. 15.Time of Essence.Time is of the essence for each and every provision of this Agreement. 16.City's Right to Employ Other. City reserves the right to employ other in connection with the Services. 17.Solicitation. Contractor warrants that they have not employed or retained any person or City to solicit or secure this Agreement,nor has it entered into any agreement or understanding for a commission, percentage, brokerage,or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the right to terminate this Agreement without liability and pay only for the value of work has actually performed, or,in its sole discretion, to deduct from the Agreement price or otherwise recover from Contractor the full amount of such commission, percentage, brokerage or commission fee.The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 18.General Compliance with Laws. Contractor shall keep fully informed of federal,state and local laws and ordinances and regulations which in any manner affect those employed by Professional, or in any way affect the performance of services by Contractor pursuant to this Agreement.Contractor shall at all times observe and comply with all such laws,ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. 19.Amendments. This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Contractor and the City. 20.Termination. City, by notifying Contractor in writing,shall have the right to terminate any or all of the services and work covered by this Agreement at any time, with or without cause. In the event of such termination, Contractor may submit s final written statement of the amount of Contractor's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete,subject to the rights under Sections 16 and 21 hereof.In ascertaining the work actually rendered through the termination date, City shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to City. 7.b Packet Pg. 85 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) D-6 20.1 Other than as stated below, City shall give Contractor thirty (30) days prior written notice prior to termination. 20.2 City may terminate this Agreement upon fifteen (15) days written notice to Contractor, in the event: 20.2.1 Contractor substantially fails to perform or materially breaches the Agreement; or 20.2.2 City decides to abandon or postpone the Services. 21.Offsets. Contractor acknowledges and agrees that with respect to any business tax or penalties thereon,utility charges, invoiced fee or other debt which Contractor owes or may owe to the City, City reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by City to Contractor. Notice of such withholding and offset shall promptly be given to by City in writing.In the event of a dispute as to the amount owed or whether such amount is owed to the City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 22.Successors and Assigns. This Agreement shall be binding upon City and its successors and assigns, and upon Contractor and its permitted successors and assigns, and shall not be assigned by,Contractor either in whole or in part,except as otherwise provided in paragraph 9 of this Agreement. 23.Governing Law, Venue, Dispute Resolution and Attorneys' Fees. This Agreement shall be governed by and construed in accordance with laws of the State of California. Prior to commencing suit in a court of competent jurisdiction,any controversy, dispute or claim arising out of the Agreement shall first be submitted to an alternative dispute resolution process as set forth in Section 24 herein.Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such action. 24.Alternative Dispute Resolution. In the event of any controversy, dispute or claim arising out of or relating to this Agreement,the parties hereto shall consult and negotiate with each other and,recognizing their mutual interest, attempt to reach a solution satisfactory to both parties. If they do not reach settlement within a period of 60 days, the matter shall be submitted to an alternative dispute resolution process, either nonbinding arbitration or mediation, by written notice from either party to the other. The parties shall meet and confer in good faith and select a Process and an arbitrator or a mediator that is agreeable to both sides. The selected Process shall be completed no later than 120 days after tender of the aforementioned written notice,unless the Parties mutually agree to an extension of the Process Period. If the matter is not successfully resolved by the selected Process, within the Process Period, the parties are free to commence litigation in a court of competent jurisdiction as defined in Section 23 herein. Any litigation commenced without both consent prior to the end of the Process Period, shall be subject to a stay until the end of the Process Period. The Parties further agree to equally bear the cost of the Process. 7.b Packet Pg. 86 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) D-7 25.Nondiscrimination. During Contract performance of this Agreement, Contractor shall not discriminate on the grounds of race,religious creed,color, national origin,ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto,marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment,except as provided in Section 12940 of the California Government Code. Further, Contractor agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 26.Severability. Each provision, term,condition, covenant and/or restriction, in whole and in part,of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction,in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision,term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 27.Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof and thereof. 28.Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, nor is neither party relying on,any representation or warranty outside those expressly set forth in this Agreement. 29.Interpretation. City and Contractor acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly,the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 29.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. References to section numbers are to sections in the Agreement unless expressly stated otherwise. 29.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. 7.b Packet Pg. 87 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) D-8 IN WITNESS WHEREOF City and Contractor have caused this Agreement to be duly executed the day and year first above written. THE CITY OF GRAND TERRACE, A public body By:_ G. Harold Duffey City Manager Attest: Pat Jacques-Nares City Clerk APPROVED AS TO FORM: Richard L.Adams II City Attorney By:_ [Printed Name] 7.b Packet Pg. 88 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) HVAC MAINTENANCE SERVICES WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Section 1860 and 1861: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. DATE: (Contractor) (By) D-10 7.b Packet Pg. 89 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) HVAC MAINTENANCE SERVICES EXHIBIT A HVAC PREVENTATIVE MAINTENANCE AND REPAIR SERVICES SCOPE OFSERVICES The City of Grand Terrace seeks to retain a contractor for a period of three (3) years to provide heater, ventilation, and air conditioning (HVAC) preventative maintenance and repair services. All work shall be done in accordance with federal, state and local codes and regulations. The scope of services includes, but is not limited to, the following: Service Locations: City Hall: 22795 Barton Road, Grand Terrace, CA 92313 Childcare Center: 22400 Barton Road, Ste. 200, Grand Terrace, CA 92313 Fire Station: 22582 City Center Court, Grand Terrace, CA 92313 General Services Provide a comprehensive evaluation of the existing HVAC System at City facilities and provide detailed report that includes assessment of the current condition of the system and its various components as well as recommendations for repair or replacement of equipment with an estimate of cost (See Item 7 of Bid Schedule) Provide preventative maintenance services (refer to Sample Preventative Maintenance Program) for Provide maximum warranty for existing equipment and/or replacement equipment Provide hourly rates for service call-outs (outside of routine maintenance schedule) A.Equipment Equipment covered by this specification includes electro-mechanical systems, HVAC, boiler, water heaters, pumps, controls, roof-mounted components, mechanical room devices, and related critical component functions, materials, parts and operations. (Please refer to the Equipment List included in this Scope of Services). B.Maintenance Service Contractor must utilize computer generated preventative maintenance task scheduling to ensure timely and uniform maintenance on all equipment. The computer shall use the time, the run time, the equipment recommendations and the maintenance experience to generate the required maintenance tasks and the required frequency of task performance. Contractor shall schedule a technician to perform HVAC preventative maintenance service on all equipment at a frequency adequate to meet the required level of service, but no less than quarterly (refer to the Equipment List and Sample Preventative Maintenance Service Plan for further details) 7.b Packet Pg. 90 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) HVAC MAINTENANCE SERVICES The City shall be provided with a copy of the computer generated preventative maintenance task schedule by the Contractor Upon completion of each service call, Contractor shall provide a service report to the Public Works Director or his designee for signature. The details from the completed service report shall be entered into the computer database by the Contractor. This will ensure performance control and continuous program updating. On a semi-annual basis, the Contractor shall supply the City with a copy of the computer database. C.Automation Service Contractor shall maintain set-up and configuration of Honeywell Web Vision 1.0.35 interface with five XL10 Controllers for air conditioning control capabilities at City Hall Contractor shall check connection between web interface activated temperature sensors and the five XL10 Controllers annually Contractor shall trouble shoot and repair XL10 Controllers and field devices if air conditioning control system is not functioning properly D.Repair or replacement of parts, components and devices All parts, components or devices that are worn or not in optimal functional condition shall be repaired, or at the option, replaced with new parts, components or devices. When parts, components or devices are replaced in their entirety and a new design is available and is functionally equivalent and compatible, the parts, components or device of the newer design shall be used as the replacements. Warranty shall be provided for replacement parts, components or devices E.Air Filter Services Contractor will furnish and install air filters appropriate for the design ventilation systems. Air filter media for the fan system units listed under the Equipment List in this Scope of Services will be replaced no less than quarterly. F.Additional Services Additional services outside the existing scope of work,for HVAC maintenance and repairs may be required, for example, the installation of additional HVAC units. The City may request an itemized quote for additional work, said quote shall include any and all additional parts and/or labor necessary to complete the additional work. G.Water Analysis and Treatment Services Contractor shall provide a treatment program for the control of scale, corrosion, and biological fouling. Contractor shall perform water analysis of both chilled and hot water systems. The analysis shall be performed once in the spring (chilled water system) and once in the fall (hot water system). The results of the analysis shall be used to determine any required additions to the water treatment chemicals. 7.b Packet Pg. 91 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) HVAC MAINTENANCE SERVICES On systems requiring continuous analysis, the Contractor shall install an electronic monitoring system that will automate the water analysis process, and adjust chemical feed and bleed interval automatically. Contractor will provide and maintain all monitoring equipment, and will supply biodegradable chemicals necessary to maintain proper water treatment. H.Air Quality HVAC System must not aggravate any air in the building System should provide a minimum of 25 percent makeup fresh air to avoid the Contractor shall conduct semi-annual random measurements of air flows to ensure that the proper level of air flows and the proper air circulations are maintained. During the course of preventative maintenance service the Contractor shall identify and report any potential microbiological growth sites or reservoirs. Potential problem areas can include, but are not limited to, drain pans with stagnant water, wet insulations, and wet acoustic ceiling tiles and possible outdoor contamination sources. To minimize the potential for microbiological growth, the Contractor shall apply disinfectant to the replacement air filter elements prior to their installation. The disinfectant must be non-toxic and must be approved by the City prior to application. I.Emergency Service The Contractor shall provide emergency services on an as-needed basis. Emergency service shall be available on a 24/7 basis, weekends and holidays included. The Contractor shall provide the City with an after-hours emergency telephone number. The Contractor shall be capable of responding to an emergency situation within two (2) hours of notification of a HVAC system problem by the City. The responding technicians must be trained on the City s HVAC systems and their operations. All labor, overtime, parts, supplies and any other expenses incurred on an emergency service call shall be invoiced separately by the Contractor. INSPECTIONS The City reserves the right to conduct inspections to confirm that the proper levels of preventative maintenance service are performed on the HVAC equipment. If the City finds the preventative maintenance service fails to meet expectations, the City will notify the Contractor in writing. Contractor shall promptly correct any deficiencies within 3 business days. Failure to correct such deficiencies will be considered a breach of the Contract. PERFORMANCE REVIEW A review of the services provided within this Agreement will be performed by the Contractor on an annual basis. The Contractor and the Public Works Director will discuss work performed since the last review, answer questions pertaining to Service delivery, and identify opportunities to further improve performance of the City s HVAC equipment. 7.b Packet Pg. 92 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) HVAC MAINTENANCE SERVICES CITY RESPONSIBILITIES The City will provide a reasonable means of access to the HVAC equipment. CONTRACTOR RESPONSIBILITIES The Contractor shall supply ALL necessary equipment,tools,instrumentation and labor to perform the HVAC preventative maintenance service as described herein The Contractor shall be responsible for repairs of damages incurred during the performance of the preventative maintenance service The Contractor shall provide a service report,which must include a copy of the check-off lists and/or work sheets used by the technician The Contractor shall be responsible for supplying any consumable materials such as filters, belts and water treatment chemicals and invoiced separately,at cost, unless otherwise informed by the City 7.b Packet Pg. 93 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) HVAC MAINTENANCE SERVICES EQUIPMENT LIST: QUANTITY LOCATION DESCRIPTION SIZE MODEL 1 Library Roof Package Unit 10 Tons Carrier 1 Meeting Room/ Roof Package Unit 10 Tons Carrier 1 Council Chambers/Roof Package Unit 5 Tons Carrier 1 Civic Center Package Unit 5 Tons Carrier 1 Civic Center Package Unit 5 Tons Carrier 1 Admin/Roof Package Unit 40 Tons Carrier 1 Fire Station/ Roof Package Unit 4 Tons Carrier 1 Fire Station/ Roof Package Unit 4 Tons Carrier 1 Equipment Room Boiler 25HP Bryan Model #:CL120WT-GI 1 Equipment Room Pump 3HP Unknown 1 Child Care Package Unit 4 Tons Carrier 1 Child Care Package Unit 5 Tons Carrier 1 Child Care Package Unit 5 Tons Carrier 1 Child Care Package Unit 3 Tons Carrier 1 Child Care Package Unit 3 Tons Carrier 1 Child Care Electronic Time Clock N/A N/A AIR FILTER SERVICES Fan System Unit Quantity Size Type Changes Per Year All covered systems 48 Ave. 20-25-2 Pleated 4 7.b Packet Pg. 94 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) SAMPLE PREVENTATIVE MAINTENANCE SERVICE A.AIR COMPRESSORS AND REFRIGERATED AIR DRYERS 1.Inspect and test electrical disconnect 2.Sequence test all controls 3.Check and calibrate safety controls and limits 4.Check and tighten electrical connections and check contact points 5.Check operating voltages and currents 6.Lubricate bearings 7.Check motor mounts and belt tension 8.Align and tighten belts 9.Check couplings and drives for wear and alignment 10.Check and clean air intake filter 11.Check rotation 12.Check oil level and pressure 13.Check head pressure 14.Check suction pressure 15.Check head bolts and anchor bolts 16.Check refrigerant charge 17.Drain tank and check automatic tank drain 18.Inspect compressed air system for clean dry air supply 19.Check crank case heater B.CONDENSING UNITS 1.Inspect and test electrical 2.Sequence test all controls and adjust as needed 3.Check and calibrate safety controls and limits 4.Check and tighten electrical connections and check contact points 5.Check operating voltages and currents 6.Lubricate all motors, pumps and fan bearings 7.Check pump seal 8.Check spray nozzles and adjust when required 9.Check water strainer 10.Check pump strainer and clean when required 11.Check float control and adjust when required 12.Check drip pan and drain connections 13.Check bleeder line and adjust when required 14.Check water valve setting 15.Check receiver levels 16.Pump down system as required 17.Check bearings for end play, temperature and wear 18.Check motor mounts and belt tension, adjust when required 19.Check fan wheels and blades for dirt accumulation, clearance, rotation, and balance 20.Check for visible refrigerant leaks 21.Check temperature rise across coil 22.Check sub-cooling leaving condenser 23.Check oil levels 7.b Packet Pg. 95 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 24.Check condition of coil surface and fins 25.Wash coils with water where possible 26.Check air intake screen C.AIR DRYER 1.Check automatic traps 2.Clean and lubricate traps as required 3.Clean condenser tubes and cover grills 4.Check expansion valve and refrigerant charge D.AIR COOLED CONDENSER 1.Clean heat exchanger surface as required 2.Examine surface for corrosion 3.Adjust automatic controls 4.Check air intake screen 5.Check for refrigerant leaks 6.Check condenser for blade and housing clearance 7.Lubricate condenser fan motors and bearings as required 8.Check and adjust condenser fan belt tension as required 9.Check operation of pressure and temperature controls 10.Check condenser screws and bolts for tightness 11.Check condenser fan amperage and voltage 12.Scrape, clean and repair rust spots as required 13.Check coils for dirt and wash coils with water where possible E.RECIPROCATING COMPRESSORS 1.Check suction pressure with compressor under load 2.Check discharge pressure with compressor under load 3.Check oil pressure 4.Check compressor amperage and voltage 5.Check evaporator fan amperage 6.Check condenser fan amperage 7.Check and record oil level 8.Check pump amperage 9.Check oil for acid 10.Check refrigerant level 11.Check refrigerant system for leaks 12.Check operation of oil safety 13.Check operation of high pressure cut-out 14.Check operation of other safeties 15.Check and adjust all operating controls as required 16.Check all wiring, tighten all terminals and check contacts 17.Check condenser temperature differential (Delta 18.Check and adjust V-belts as required 7.b Packet Pg. 96 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) F.FAN COILS 1.Inspect and test electrical disconnect 2.Sequence test all controls 3.Check and tighten electrical connections and check contact points 4.Check operating currents 5.Lubricate bearings 6.Check bearings for end play, temperature and wear 7.Check motor mounts, belt tension and condition 8.Check fan wheels for dirt accumulation, clearance, rotation, and balance 9.Check drives for wear and alignment 10.Check for visible refrigerant leaks 11.Check temperature drop across evaporator coil 12.Check TXV bulb location, strapping, and insulation 13.Check condition of coil surfaces and fins 14.Check condensate pans and drains 15.Check ice patterns 16.Check defrost controls 17.Change air filters as needed G.FURNACES (GAS OR ELECTRIC) 1.Inspect and test electrical disconnect 2.Sequence test all controls 3.Check and calibrate safety controls and limits 4.Check and tighten electrical connections and check contact points 5.Check combustion 6.Check gas train controls, burners and pilot including pilot safety device 7.Clean pilot 8.Check automatic gas valve 9.Lubricate bearings 10.Check bearings for end play, temperature and wear 11.Check motor mounts, belt tension and condition 12.Check fan wheels and blades for dirt accumulation, clearance, rotation, and balance 13.Check fan limit control 14.Check drives for wear and alignment. 15.Check temperature delta 16.Change air filters as needed 17.Check Flue connection, restriction and operation 18.Test ignition control system H.AIR HANDLERS 1.Inspect and test electrical disconnect 2.Sequence test all controls 3.Check and calibrate safety controls and limits 4.Check starter 5.Check and tighten electrical connections, and check contact points 7.b Packet Pg. 97 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 6.Check operating voltages and currents 7.Lubricate bearings 8.Check motor pulley and belts for security, alignment and wear 9.Check bearings for end play,temperature and wear 10.Check motor mounts,belt tension and condition 11.Check fan wheels and blades for dirt accumulation,clearance, rotation,balance and vibration 12.Check wire and conduit for condition from motor to starter 13.Check for visible leaks 14.Check condition of coil surfaces and fins 15.Check condensate pans and drains 16.Change air filters as required 17.Check fan and motor alignment 18.Check motor for excessive heat and noise 19.Check rotation of motor I.HEAT PUMP PACKAGE UNITS 1.Inspect and test electrical disconnect 2.Sequence test all controls 3.Check and calibrate safety controls and limits 4.Check and tighten electrical connections,and check contact points 5.Check operating voltages and currents 6.Lubricate bearings 7.Check bearings for end play,temperature and wear 8.Check motor mounts,belt tension and condition 9.Check fan wheels and blades for dirt accumulation,clearance, rotation and balance 10.Check couplings and drive for wear and alignment 11.Check for visible refrigerant leaks 12.Check temperature drop across evaporator coil 13.Check TXV bulb location,strapping,and insulation 14.Check crankcase heater 15.Check condition of coil surfaces and fins 16.Check condensate pans and drains 17.Test operation of reversing valve 18.Change air filters as needed J.PUMPS 1.Inspect and test electrical disconnect 2.Check and tighten electrical connections,contacts and motor overloads 3.Check operating voltages and currents 4.Lubricate bearings 5.Check bearings for end play,temperature and wear 6.Check motor mounts 7.Check couplings and drives for wear and alignment 8.Check seal for visible leaks 9.Check differential pressure 7.b Packet Pg. 98 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) K.PACKAGED AIR CONDITIONING UNITS 1.Check compressor oil pressure and level 2.Check refrigerant sight glass and perform leak test 3.Check and clean air cooled condenser coil 4.Check condenser fan and motor bearings - Lubricate as required 5.Check supply fan motor bearings - Lubricate as required 6.Check drain pan - Drain and clean as required 7.Clean coils and inlet screen as required 8.Change air filter as required 9.Clean and lubricate all damper bearings and linkage 10.Check all wiring and connections 11.Check for proper operation of gas furnace section - Perform gas furnace inspections as required 12.Check, adjust and calibrate all temperature controls 13.Clean, paint and repair corroded and rust spots as required L.FANS AND BLOWERS 1)Inspect and test electrical disconnect. 2)Check and tighten electrical connections, and check contact points. 3)Check operating voltage and currents. 4)Check sheave condition 5)Lubricate bearings and all moving parts 6)Check bearings for end play, temperature and wear 7)Check motor mounts, belt tension and condition 8)Adjust tension on all belt drives 9)Check wheels and blades for dirt accumulation, clearance, rotation, and balance 10)Check couplings and drives for wear and alignment M.WATER TREATMENT 1)Check and report water treatment status including scale 2)Examine, test and adjust all water treatment devices 3)Perform periodic water analysis 4)Install and maintain electronic monitoring system on systems requiring continuous analysis 5)Clean and adjust water treatment equipment N.BOILERS 1)Check combustion 2)Check and clean pilot 3)Check fan limit control 4)Check pilot safety device 5)Check low water cut off 6)Check automatic water feeder 7)Check water strainer 7.b Packet Pg. 99 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 8)Check water pressure regulator 9)Check relief valve 10)Drain and recharge expansion tank 11)Slow down boiler and controls 12)Check automatic gas valve 13)Check boiler control settings 14)Check steam valves and traps, adjust controls as required O.DAMPERS (AUTOMATIC OR MANUAL) 1)Check and adjust for correct operation 2)Check all linkage and adjust where necessary 3)Check fire dampers for flexible links P.ECONOMIZERS 1)Lubricate damper linkages 2)Check condition of actuators 3)Check motor Q.MOTORS AND MOTOR CONTROLS 1)Clean oil and/or grease 2)Check for overload under full operation 3)Check contactors and clean as necessary 4)Check time clock for proper settings 5)Check and adjust operation of all electric or pneumatic controls 6)Check motor speeds 7)Check amperage draws 8)Check voltages 9)Secure motor mounts 10)Check bearings R.CONTROLS ELECTRIC/PNEUMATIC 1)Check thermostat contacts 2)Check starter contacts 3)Check damper motors/actuators 4)Check refrigerator air dryer 5)Check air controls and filters 6)Check air compressor intake and air filter 7)Check air compressor oil 8)Check air compressor belt 9)Lubricate air compressor motor 10)Spot check stats for calibration 7.b Packet Pg. 100 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) S.REFRIGERATION SYSTEMS 1)Check for proper operation of purger 2)Check accumulator and intercooler level 3)Check high and control pressure receiver levels 4)Check oil stills, drain as necessary 5)Check coils for ice patterns and fan operation 6)Walk the plant and inspect for signs of leaks T.CHILLERS 1)Check flow switch operation 2)Check refrigerant charges and oil levels 3)Check glycol concentration 4)Check pressure differential 5)Check temperature differential 7.b Packet Pg. 101 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) CITY OF GRAND TERRACE COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA Addendum #1 FOR HVAC MAINTENANCE & REPAIR SERVICES October 2016 Note: Timeline Dates below are Subject to Change] Issuance of Bid byCity Pre-Bid Meeting Issuance of Addendum #1 Deadline Questions/Clarification Requests Deadline for Submitting Complete Proposals Presentation to City Council for Final Approval Thursday, October 20, 2016 Wednesday, October 26, 2016 (11:00 am) , October 2 , 2016 Monday,October 31, 2016 (5:00 pm) Monday, November 7,2016 (1:00 pm) Tuesday, November 15,2016 7.b Packet Pg. 102 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) HVAC MAINTENANCE AND REPAIR SERVICES BID NO. 16-08 (ADDENDUM #1) The City of Grand Terrace is hereby issuing Addendum No. 1 to the above referenced Bid. Prospective bidders are reminded that they are to acknowledge receipt of all Addendums in their Bid Documents on the next page of the Bidding Schedule. PLEASE NOTE THAT THE DATE AND TIME FOR THE DELIVERY OF BIDS HAS NOT BEEN CHANGED. BIDS ARE DUE ON MONDAY, NOVEMBER 7,2016 by 1:00 PM. THE PURPOSE OF THIS ADDENDUM IS AS FOLLOWS: Provide response to Contractors regarding questions from the Pre-Bid Meeting. RESPONSE TO QUESTION(S)RECEIVED FROM CONTRACTOR: Q1 Do you want us to add the third unit at the Fire Station (York Model# B2HZ024A06A) to the contract? A1 -Yes. The bid schedule has been changed to show three units at the Fire Station, and the updated bid schedule is included in this addendum. Q2 Are exhaust fans included in the contract? A2 -Yes Q3 Are there two one year extensions available on the contract? A3 -Yes Q4 Ray Pack boilers require an annual service -the boiler is disassembled and cleaned and the hot surface ignitor and flame rod are replaced. AQMD also requires a flue gas analysis be performed on the boiler annually. Do you want that included in the contract? A4 -Yes. A line item has been added to the bid schedule to account for this annual service, and the updated bid schedule is included in this addendum. Q5 Can you please send me a copy of the current (last contract awarded) HVAC Maintenance and Repair Services contract and proposal? A5 -Yes. The last awarded contract was to Honeywell in 2005 for a 10 year term, and is included in this amendment for reference. The last contract amount after CPI adjustment was $25,102.12 annually for FY 2015-16. 7.b Packet Pg. 103 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) Q6 Does the City allow remote access for the automation service? A6 -Yes Q7 Are replacement parts at an extra cost? A7 -Yes. Part of the scope of work includes a comprehensive evaluation of the the parts, cost to replace the parts and warranty information. Q8 Is controller automation only at City Hall? A8 -Yes, the Childcare Center and Fire Station have stand-alone systems. Q9 Does the City want the Contractor to re-route duct work that is smashed by the ladder in the attic of the Childcare Center? A9 -An estimate for this work could be provided in the comprehensive evaluation by the Contractor that is awarded the contract. 7.b Packet Pg. 104 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 7.b Packet Pg. 105 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 7.b Packet Pg. 106 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 7.b Packet Pg. 107 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 7.b Packet Pg. 108 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 7.b Packet Pg. 109 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 7.b Packet Pg. 110 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 7.b Packet Pg. 111 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 7.b Packet Pg. 112 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 7.b Packet Pg. 113 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 7.b Packet Pg. 114 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 7.b Packet Pg. 115 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 7.b Packet Pg. 116 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 7.b Packet Pg. 117 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 7.b Packet Pg. 118 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 7.b Packet Pg. 119 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 7.b Packet Pg. 120 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 7.b Packet Pg. 121 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 7.b Packet Pg. 122 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 7.b Packet Pg. 123 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 7.b Packet Pg. 124 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) 7.b Packet Pg. 125 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t w i t h A C C O . p d f ( 2 0 6 7 : H V A C P r e v e n t a t i v e M a i n t e n a n c e a n d R e p a i r S e r v i c e s ) This page left intentionally blank. AGENDA REPORT MEETING DATE: November 15, 2016 Council Item TITLE: Zoning Code Amendment 16-03; an Ordinance Repealing and Replacing in Its Entirety Chapter 18.91 (Marijuana Regulations) of Title 18 of the Grand Terrace Municipal Code PRESENTED BY: Sandra Molina, Planning & Development Services Director RECOMMENDATION: Read by title only, waive further reading and adopt an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DETERMINING THIS AMENDMENT IS EXEMPT PURSUANT TO SECTION 15061(b)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND AMENDING THE GRAND TERRACE MUNICIPAL CODE BY REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 18.91 (MARIJUANA REGULATIONS) OF TITLE 18 RELATING TO MARIJUANA ACTIVITY 2030 VISION STATEMENT: This item promotes Our Mission: To preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of fiscally responsible government. BACKGROUND/DISCUSSION: On October 25, 2016, the City Council adopted an urgency ordinance and introduced a regular ordinance to amend the City’s regulations as it pertains to non- medical/recreational marijuana uses. These actions were taken in anticipation of the passage of Proposition 64, known as the “Adult Use of Marijuana Act” (“AUMA”) which qualified for the November 8, 2016 ballot. If Proposition 64 passes, it would give residents the right to non-medical/recreational marijuana use, possession, and cultivation; as well as create a state licensing and taxing scheme for such businesses. FISCAL IMPACT: No fiscal impact. ATTACHMENTS:  Ordinance AUMA MJ Regular Ban_10.17.2016 (DOCX) 8 Packet Pg. 126 APPROVALS: Sandra Molina Completed 10/27/2016 3:46 PM Finance Completed 10/31/2016 9:28 AM City Attorney Completed 11/01/2016 4:30 PM City Manager Completed 11/09/2016 11:34 AM City Council Pending 11/15/2016 6:00 PM 8 Packet Pg. 127 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DETERMINING THIS AMENDMENT IS EXEMPT PURSUANT TO SECTION 15061(b)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND AMENDING THE GRAND TERRACE MUNICIPAL CODE BY REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 18.91 (MARIJUANA REGULATIONS) OF TITLE 18 RELATING TO MARIJUANA ACTIVITY. WHEREAS, the City of Grand Terrace, pursuant to its police power, may adopt regulations to protect the health, safety and welfare of the public, Cal. Const. art. XI, § 7, Cal. Govt. Code § 37100, and thereby is authorized to declare what use and condition constitutes a public nuisance; and WHEREAS, Government Code Section 38771 authorizes the City through its legislative body to declare actions and activities that constitute a public nuisance; and WHEREAS, in 1970, Congress enacted the Controlled Substances Act (21 U.S.C. Section 801 et seq.) which, among other things, makes it illegal to import, manufacture, distribute, possess, or use marijuana for any purpose in the United States and further provides criminal penalties for marijuana possession, cultivation and distribution; and WHEREAS, the People of the State of California have enacted Proposition 215, the Compassionate Use Act of 1996 (codified at Health and Safety Code Section 11362.5 et seq.) (the “CUA”), which exempts qualified patients and their primary caregivers from criminal prosecution under enumerated Health and Safety Code sections for use of marijuana for medical purposes; and WHEREAS, the California Legislature enacted Senate Bill 420 in 2003, the Medical Marijuana Program Act (codified at Health and Safety Code Section 11362.7 et seq.) (the “MMPA”), as amended, which created a state-wide identification card scheme for qualified patients and primary caregivers; and WHEREAS, on October 11, 2015, the Governor signed into law Senate Bill 643, Assembly Bill 266, and Assembly Bill 243, collectively referred to as the Medical Marijuana Regulation and Safety Act (“MMRSA”), effective January 1, 2016, which established a state licensing system for medical marijuana cultivation, manufacturing, delivery, and dispensing, regulating these activities with licensing requirements and regulations that are only applicable if cities and counties also permit marijuana cultivation, manufacturing, dispensing, and delivery within their jurisdictions. Effective June 27, 2016, SB 837 changed the name of the Medical Marijuana Regulation and Safety Act to the Medical Cannabis Regulation and Safety Act (“MCRSA”). Under the MCRSA, cities and counties may continue to regulate and/or prohibit medical marijuana 8.a Packet Pg. 128 At t a c h m e n t : O r d i n a n c e A U M A M J R e g u l a r B a n _ 1 0 . 1 7 . 2 0 1 6 [ R e v i s i o n 1 ] ( 2 0 5 5 : Z o n i n g C o d e A m e n d m e n t 1 6 - 0 3 N o n M e d i c a l M a r i j u a n a cultivation, manufacturing, dispensing, and delivery, consistent with their respective police powers, in which case the new law would not allow or permit these activities within the cities and counties where such activities are not otherwise permitted; and WHEREAS, the City of Grand Terrace enacted Ordinance No. 288 in 2016, which prohibited various types of uses related to medical marijuana; and WHEREAS, on February 3, 2016, Assembly Bill 21 (Wood) was signed by the Governor, amending provisions of MCRSA pertaining to cultivation licenses by eliminating a March 1, 2016 deadline for local jurisdictions for the promulgation of cultivation regulations or cultivation bans other local jurisdictions would lose the ability to regulate to the State. Assembly Bill 21 also modified language in Health & Safety Code section 11362.777(g), which pertained to exemptions from licensing requirements for qualified patients and caregivers. The prior language, which specifically stated that local governments retained the right to prohibit cultivation without exception, was revised to state: “Exemption from the requirements of this section does not limit or prevent a city, county, or city and county from exercising its police authority under Section 7 of Article XI of the California Constitution.”; and WHEREAS, notwithstanding the CUA, the MMPA, and the MCRSA as amended, marijuana remains a schedule I substance pursuant to California Health & Safety Code § 11054 (d) (13); and WHEREAS, marijuana also remains a schedule I substance pursuant to federal law, 21 U.S.C. § 812, Schedule 1 (c) (10), and federal law does not provide for any medical use defense or exception (Gonzales v. Raich, 545 U.S. 1 (2005); United States v. Oakland Cannabis Buyers’ Coop., 532 U.S. 483 (2001)); and WHEREAS, the California Supreme Court has established that neither the CUA nor the MMPA preempt local regulation in the case of City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc., 56 Cal.4th 729 (2013); and WHEREAS, the MMRSA expressly allows cities and counties to ban marijuana cultivation consistent with current state law including the Maral v. City of Live Oak, 242 Cal.App.4th 940 (2013); and WHEREAS, on November 8, 2016, the electorate of the State of California will vote on Proposition 64 (“Prop 64”), to approve or not approve the Adult Use of Marijuana Act (“AUMA”), to be codified in California Health and Safety Code at various sections and in California Business and Professions Code at various sections. The AUMA, if enacted, will allow adults 21 and over to use, possess, and cultivate limited amounts of marijuana, establishes a state licensing and regulatory scheme for marijuana businesses serving the recreational market; and will expressly allow local jurisdictions to prohibit outdoor cultivation of marijuana for personal use, to regulate indoor cultivation of marijuana for personal use, and to prohibit all non-medical and recreational marijuana businesses from locating and operating within their jurisdictions; and 8.a Packet Pg. 129 At t a c h m e n t : O r d i n a n c e A U M A M J R e g u l a r B a n _ 1 0 . 1 7 . 2 0 1 6 [ R e v i s i o n 1 ] ( 2 0 5 5 : Z o n i n g C o d e A m e n d m e n t 1 6 - 0 3 N o n M e d i c a l M a r i j u a n a WHEREAS, this Ordinance shall only become effective if Prop 64 is passed by a majority of the electorate at the November 8, 2016 statewide election. If Prop 64 passes, this Ordinance shall become effective immediately, and the regulations contained herein shall take full force and effect immediately. If Prop 64 does not pass, then this Ordinance shall be automatically revoked on the date the official election results of the State of California have been certified. WHEREAS, possession of marijuana and concentrated marijuana is governed by State law. California Health and Safety Code, Section 11357 sets forth the criminal punishment or adjudication for possession of marijuana and concentrated cannabis in violation of State law; and WHEREAS, the City Council of the City of Grand Terrace finds that it is in the interest of the health, safety and welfare of the City to make explicit that, to the extent allowable under state law, all marijuana related use and activity of any kind as set forth herein, whether medical, recreational, or otherwise, is prohibited everywhere in the City and is a public nuisance per se, consistent with State law, and WHEREAS, the City Council of the City of Grand Terrace finds and clarifies this prohibition does not apply to prohibit qualified patients and persons with identification cards to cultivate indoors, possess, and use marijuana for their own personal medical purposes only, as permitted by state law; but that nothing herein shall be construed to authorize qualified patients to engage in the collective cultivation of marijuana as described by Health and Safety Code section 11362.775, nor are they permitted to cultivate marijuana above limits established by State law and guidelines for their own personal use; and WHEREAS, the City of Grand Terrace, pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (California Public Resources Code Sections 21000 et seq.) and State CEQA guidelines (Sections 15000 et seq.) has determined that the Ordinance is exempt pursuant to Section 15061(b)(3) of Title 14 the California Code of Regulations; and WHEREAS, the City Council finds that the provisions of this Ordinance are consistent with the City of Grand Terrace’s General Plan; and WHEREAS, all legal prerequisites prior to the adoption of this ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that above findings/recitals are true and correct. SECTION 2. The proposed amendment will not be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the city or injurious to property or improvements in the neighborhood or within the city. 8.a Packet Pg. 130 At t a c h m e n t : O r d i n a n c e A U M A M J R e g u l a r B a n _ 1 0 . 1 7 . 2 0 1 6 [ R e v i s i o n 1 ] ( 2 0 5 5 : Z o n i n g C o d e A m e n d m e n t 1 6 - 0 3 N o n M e d i c a l M a r i j u a n a SECTION 3. The proposed amendment is consistent with the latest adopted general plan. SECTION 4. Chapter 18.91 (“Marijuana Regulations”) of Title 18 (“Zoning”) of the Grand Terrace Municipal Code is repealed in its entirety and shall be replaced with the following: “Chapter 18.91 – Marijuana Regulations Section 18.91.010 – Purpose and findings. The City Council of the City of Grand Terrace hereby finds and determines that it is the purpose and intent of this chapter to prohibit medical and non-medical commercial cannabis activity, including cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, and sale of non-medical cannabis products and medical cannabis products within the meaning of California Business and Professions Code Section 19300 et seq, and to prohibit personal marijuana cultivation outdoors, to the extent permitted by state law, in order to promote the health, safety, morals and general welfare of the residents and the businesses within the city. Section 18.91.020 - Applicability. A. Nothing in this chapter is intended, nor shall it be construed, to burden any defense to criminal prosecution under the Compassionate Use Act. B. All the provisions of this chapter shall apply to all property, public and private, within the city. C. All the provisions of this chapter shall apply indoors and outdoors. D. Nothing in this chapter is intended, nor shall it be construed, to conflict with the Medical Cannabis Regulation and Safety Act, the Adult Use of Marijuana Act, or any other applicable state law. Section 18.91.030 - Definitions. A. “Commercial cannabis activity” shall mean the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of marijuana and marijuana products, including medical and non-medical marijuana, non-medical cannabis products and medical cannabis products within the meaning of California Business and Professions Code Section 19300 et seq. B. "Marijuana" shall have the same definition as that set forth in California Health and Safety Code Section 11018. C. "Marijuana cultivation" shall mean the planting, growing, harvesting drying or processing of marijuana plants or any part thereof for any purpose, including medical marijuana and non-medical recreational marijuana, and shall include both indoor and outdoor cultivation. 8.a Packet Pg. 131 At t a c h m e n t : O r d i n a n c e A U M A M J R e g u l a r B a n _ 1 0 . 1 7 . 2 0 1 6 [ R e v i s i o n 1 ] ( 2 0 5 5 : Z o n i n g C o d e A m e n d m e n t 1 6 - 0 3 N o n M e d i c a l M a r i j u a n a D. "Medical marijuana" shall mean marijuana used for medical purposes in accordance with California Health and Safety Code section 11362.5. E. "Operation" means any effort to locate, operate, own, lease, supply, allow to be operated, or aid, abet or assist in the operation of commercial cannabis activity. F. "Person" means any person, firm, corporation, association, club, society, or other organization. The term person shall include any owner, manager, proprietor, employee, volunteer or salesperson. 18.91.040 – Commercial cannabis activity prohibited A. Commercial cannabis activity by any person, including primary caregivers, qualified patients and dispensaries, is prohibited in all zoning districts within the City of Grand Terrace. B. Delivery of all marijuana and marijuana products, to locations within City, whether for medical or non-medical use, is prohibited. C. Outdoor marijuana cultivation by any person, including primary caregivers and qualified patients, for any purpose including medical or non-medical (recreational) purposes is prohibited in all zoning districts within the City of Grand Terrace. D. Cultivation of marijuana indoors, as authorized by state law, shall be permitted within private residences by persons 21 years of age or older, provided that the cultivation is conducted in compliance with state law. No person shall cultivate more marijuana plants indoors than is expressly authorized by Health and Safety Code section 11362.2. Section 18.91.050 - Declaration of public nuisance. Any use, structure, or property that is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this chapter, is hereby declared to be unlawful and a public nuisance and may be abated by the city through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances, including but not limited to the remedies provided for in Section 18.45.050 of this code. Section 18.91.060 - Violations. A. Violations of this chapter shall be subject to administrative penalties pursuant to Chapter 1.05 of this Code and other civil remedies as be available under state and/or federal law. B. This chapter is not the exclusive means for the abatement of illegal marijuana businesses or activity within the city of Grand Terrace. The remedies set forth pursuant to this section shall be in addition to any other existing remedies for 8.a Packet Pg. 132 At t a c h m e n t : O r d i n a n c e A U M A M J R e g u l a r B a n _ 1 0 . 1 7 . 2 0 1 6 [ R e v i s i o n 1 ] ( 2 0 5 5 : Z o n i n g C o d e A m e n d m e n t 1 6 - 0 3 N o n M e d i c a l M a r i j u a n a violations of the Zoning Code, including but not limited to, any action at law or equity.” SECTION 5. Pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (California Public Resources Code Sections 21000 et seq.) and State CEQA guidelines (Sections 15000 et seq.) this Ordinance is exempt pursuant to Section 15061(b)(3) of Title 14 the California Code of Regulations. SECTION 6. Any provision of the Grand Terrace Municipal Code or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no further, are repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 7. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Grand Terrace hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 8. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. PASSED, APPROVED AND ADOPTED this ____ day of ____________, 2016. ATTEST: ____________________________ ______________________________ Pat Jacquez-Nares Darcy McNaboe City Clerk Mayor 8.a Packet Pg. 133 At t a c h m e n t : O r d i n a n c e A U M A M J R e g u l a r B a n _ 1 0 . 1 7 . 2 0 1 6 [ R e v i s i o n 1 ] ( 2 0 5 5 : Z o n i n g C o d e A m e n d m e n t 1 6 - 0 3 N o n M e d i c a l M a r i j u a n a I, Patricia Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the ___ day of _______, 2016. AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Pat Jaquez-Nares City Clerk Approved as to form: ___________________________________ Richard L. Adams, II City Attorney 8.a Packet Pg. 134 At t a c h m e n t : O r d i n a n c e A U M A M J R e g u l a r B a n _ 1 0 . 1 7 . 2 0 1 6 [ R e v i s i o n 1 ] ( 2 0 5 5 : Z o n i n g C o d e A m e n d m e n t 1 6 - 0 3 N o n M e d i c a l M a r i j u a n a 8.a Packet Pg. 135 At t a c h m e n t : O r d i n a n c e A U M A M J R e g u l a r B a n _ 1 0 . 1 7 . 2 0 1 6 [ R e v i s i o n 1 ] ( 2 0 5 5 : Z o n i n g C o d e A m e n d m e n t 1 6 - 0 3 N o n M e d i c a l M a r i j u a n a Page Left Intentionally Blank AGENDA REPORT MEETING DATE: November 15, 2016 Council Item TITLE: Approve 5-Year Capital Improvement Program, Capital Projects Needs Analysis (CPNA) & Maintenance of Efforts Expenditure PRESENTED BY: Yanni Demitri, Public Works Director RECOMMENDATION: RECOMMENDATION: Adopt a Resolution that: 1.Approves the 5-Year Capital Improvement Program as presented and subject to annual update. 2.Authorizes the Maintenance of Efforts (MOE) expenditure in the amount of $115,156 from the General Fund required for Measure - I pass through money. 3.Adopts the Capital Projects Needs Analysis (CPNA) required for Measure - I Arterial funding. 2030 VISION STATEMENT: This staff report supports Goal #2 "Maintain Public Safety" by investing in improvements to public infrastructure. BACKGROUND: The San Bernardino County voters have approved passage of Measure I in November of 2004, authorizing San Bernardino Associated Governments (SANBAG), acting as the San Bernardino County Transportation Authority (Authority), to impose a one-half of one-percent sale and use tax on retail transactions applicable in the incorporated and unincorporated territory of the County of San Bernardino. The Measure I Strategic Plan requires local jurisdictions to annually adopt a Five-Year Capital Project Needs Analysis (CPNA), which documents project or program needs by fiscal year and includes the anticipated funding sources, funding amounts and project phasing where appropriate. The CPNAs also demonstrate the availability of development mitigation fair share funds for projects included in the Needs Analysis. The Capital Project Needs Analyses for Valley jurisdictions include projects for the Valley Freeway Interchange and Major Street Programs. SANBAG staff will use these submittals in a cash-flow analysis necessary for effective implementation of the Measure I Strategic Plan. DISCUSSION: 9 Packet Pg. 136 Measure I revenue can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set by Ordinance No. 04-01 and Ordinance No. 89-1 of the Authority. The Strategic Plan and Expenditure Plan require each local jurisdiction applying for revenue from the Valley Major Street and Freeway Interchange Programs to annually adopt and update the Five-Year CPNA. The CPNA, as recommended, identifies one project in the City where funds would improve traffic management, subject to projected availability of funds. This project is: “Extend Commerce Way from 900’ n/o DeBerry Rd. to Main Street from 0 to 4 lanes” The Master Agreement for this project will be prepared and presented to City Council at a future date. The proposed 5-Year Capital Improvement Projects (CIP) plan for years 2017-2022 also includes a tree-trimming program, constructing ADA curb ramps, sidewalk repairs, storm drain improvements, and other random projects as needed. CEQA FINDING: Paving projects are categorically exempt from the California Environmental Quality Act (CEQA) process per section 15301- C “Existing Highways & Streets”. FISCAL IMPACT: Under this Five-Year plan, the City is committing to obligate $115,156 from its General Fund for “Maintenance of Efforts” and $1,689,222.20 from its development impact fees (arterial improvements) account over the five-year period including FY 2016-17 thru FY 2020-21 in order to advance the design and construction of the Commerce Way Extension project and also to implement other transportation improvement projects identified in the 5-Year program. The City will receive $658,458.56 in Measure I subventions over the five year period for this project should the Council decide to pursue this project in the future. The City’s commitment to obligate development impact fees is a requirement to receive the Measure I funds. There are funds budgeted in the FY2016-17 Approved Budget to cover the $115,156 commitment required by Measure I. The Measure I Five-Year Plan is updated annually. If development impact fee revenues are not generated at the anticipated pace, the City’s plan can be scaled back accordingly. Should additional funding become available or City priorities change in the future, the City’s Measure I Five-Year Plan can be revised with subsequent updates. ATTACHMENTS: CPNA (PDF) Year2_of_5_Year_PavementProgram (PDF) 9 Packet Pg. 137  Year3_of_5_Year_PavementProgram (PDF)  Year4_of_5_Year_PavementProgram (PDF)  5-Year CIP (XLSX)  Reso CIP (DOC) APPROVALS: Yanni Demitri Completed 11/08/2016 10:24 AM Finance Completed 11/08/2016 5:43 PM City Attorney Completed 11/08/2016 6:15 PM City Manager Completed 11/09/2016 3:31 PM City Council Pending 11/15/2016 6:00 PM 9 Packet Pg. 138 This page left intentionally blank. Capital Project Needs Analysis Agency: Grand Terrace Program: Valley Arterial Sub-Program Project Name: Extend Commerce Wy from 900' n/o DeBerry Rd to Main St from 0 to 4 lanes Agency Project Name: Agency reported Total Project Cost: (Actual Fiscal Year 2016/2017 dollars - SANBAG will apply escalation factors, by year) Public Share: 60.10% | Dev. Share: 39.90% Funding Prior FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 Future Total Total Project Cost (All phases): 13,452,000 PA&ED Total PS&E Total 0 ROW Total 0 CONST Total 0 Total *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SANBAG including FY 15/16 expenses. Project Comments: Project Comments Last Update: 11/7/2016 4:29:17 PM Reference: Measure I Policy 40006 9.a Packet Pg. 139 At t a c h m e n t : C P N A ( 2 0 6 4 : 5 - Y e a r C I P P r o g r a m ) §¨¦215 NEWPORT AVE H O L L Y C T JENSEN CT A R L I S S W A Y THOMAS CT A R LI S S D E L L NAPA CT EAGLE CT FRANKLIN WY BROWNING ST EMERALD ST PALM CT ORANGEWOOD CT VICTORIA ST BROWNING CT FRANKLIN CT DICKENS CT VICTORIA ST GRAN D T E R R A C E R DARLISSDR QUAIL LN KINGSTON ST WARBLER ST PALIKA WY MIKE TODD LN CRANE ST PRUITT CT GRAND TERRACE CT THAMES ST ARLISS C T VIVIEN D A CT DE SOTO ST VIVIENDA AVE BRENTWOOD ST ROSEDALE AV FULMER PL NANDINA ST DARWIN AV SISKIN CT LADERA ST FINCH ST PEACOCK CT WEST WOODLN CENTER CITY CT KINGFISHER RD BURNS AVE PRESTON ST MIRADOAVE C A N A L S T PASCAL AV CANARY CT BLUEMOUNTAIN CT M I N O N A D R DOVE ST LARK ST RAVEN WY TANAGER ST WARBLER AV WARBLER AV REED AVE RAVEN WY NIGHTINGALE WY TANAGER ST MICHIGAN AV O R IOLE AV GARDEN AV DUTCH ST ORIOLE AV LA CROSSE AVE WREN ST M A P L E A V E SANBURG WY KINGSTON ST LITTON AVE TANAGER ST FLAMINGO ST ARLISS DR HAMPTON CT STONEWOOD DR ROYAL AV ROSEDALE AVE MAVIS ST G RAN D TE R RAC E R D WHISTLER ST LADERA ST WILLET A V FLAMINGO ST WILMAC AV M E RLE C T C A RDINAL ST BOSTICK AVE DE SOTO ST VIVIENDA AVE CARHART AVE ETONDR TERRACE AVE LA PAIX ST DE SOTO ST WALNUT AVE GLEN D O R A DR THRUSH ST CARDINAL ST KENTFIELD ST LARK ST VIVIENDA AV BLUEBIRD LN PASCAL AV C O M M E R C E WY ROBIN WY F AIR B U R N DR MIRIA M W A YMC CLARREN ST DARWIN AV MIRADO AV VISTA GRANDE WAY REED AV ETON DR TAYLOR ST HOLLY ST FRANKLIN ST RAVEN WY LACADENADR WESTWOODST CARDIN ALCT REED AV ORIOLE AV DOSRIOSAV P A S C A L AV HO N E Y HILL DR REED AV LA PAIX ST P A RADISE S T COUNTRY CLUBLN VIVIENDA AV FREMONTIA AV OBSERVATION DR OBSERVATIONDR VAN BUREN ST VAN BUREN ST BARTON RD B A R T O N R D PICO ST PICO ST DE BERRY ST DE BERRY ST MICHIGAN ST PALM AVE MT VERNON AVE MAIN ST MAIN ST MAIN ST PALM AVE MT VERNON AV / Date: 11/8/2016 FINCH ST WREN ST FLAMINGO ST CONDOR CT GARDEN AV SANBURG WY VIVIENDA AV PASCAL AV KENTFIELD ST KENTFIELD ST LARK ST KENTFIELD ST KENTFIELD ST LA PAIX ST DE SOTO ST LA PAIX ST VIVENDA AVE MINONA CT ARLISS DR ARLISS LN HONEYHILL CT GRANT TERRACE RD GRANT TERRACE RD CANAL ST LADERA ST FRANKLIN ST ORIOLE AV CARDINAL ST MAVIS ST PASCAL AV WILLET AV VIVIENDA AVE 0 500 1,000 1,500 2,000Feet City of Grand TerraceYEAR 25 Year Pavement ProgramPavement Condition Category I - EXCELLENT TO GOOD (100 - 70) II/III - FAIR (69 - 50) IV - POOR (49 - 25) V - VERY POOR (LESS THAN 25) 9.b Packet Pg. 140 At t a c h m e n t : Y e a r 2 _ o f _ 5 _ Y e a r _ P a v e m e n t P r o g r a m ( 2 0 6 4 : 5 - Y e a r C I P P r o g r a m ) §¨¦215 NEWPORT AVE H O L L Y C T JENSEN CT A R L I S S W A Y THOMAS CT A R LI S S D E L L NAPA CT EAGLE CT FRANKLIN WY BROWNING ST EMERALD ST PALM CT ORANGEWOOD CT VICTORIA ST BROWNING CT FRANKLIN CT DICKENS CT VICTORIA ST GRAN D T E R R A C E R DARLISSDR QUAIL LN KINGSTON ST WARBLER ST PALIKA WY MIKE TODD LN CRANE ST PRUITT CT GRAND TERRACE CT THAMES ST ARLISS C T VIVIEN D A CT DE SOTO ST VIVIENDA AVE BRENTWOOD ST ROSEDALE AV FULMER PL NANDINA ST DARWIN AV SISKIN CT LADERA ST FINCH ST PEACOCK CT WEST WOODLN CENTER CITY CT KINGFISHER RD BURNS AVE PRESTON ST MIRADOAVE C A N A L S T PASCAL AV CANARY CT BLUEMOUNTAIN CT M I N O N A D R DOVE ST LARK ST RAVEN WY TANAGER ST WARBLER AV WARBLER AV REED AVE RAVEN WY NIGHTINGALE WY TANAGER ST MICHIGAN AV O R IOLE AV GARDEN AV DUTCH ST ORIOLE AV LA CROSSE AVE WREN ST M A P L E A V E SANBURG WY KINGSTON ST LITTON AVE TANAGER ST FLAMINGO ST ARLISS DR HAMPTON CT STONEWOOD DR ROYAL AV ROSEDALE AVE MAVIS ST G RAN D TE R RAC E R D WHISTLER ST LADERA ST WILLET A V FLAMINGO ST WILMAC AV M E RLE C T C A RDINAL ST BOSTICK AVE DE SOTO ST VIVIENDA AVE CARHART AVE ETONDR TERRACE AVE LA PAIX ST DE SOTO ST WALNUT AVE GLEN D O R A DR THRUSH ST CARDINAL ST KENTFIELD ST LARK ST VIVIENDA AV BLUEBIRD LN PASCAL AV C O M M E R C E WY ROBIN WY F AIR B U R N DR MIRIA M W A YMC CLARREN ST DARWIN AV MIRADO AV VISTA GRANDE WAY REED AV ETON DR TAYLOR ST HOLLY ST FRANKLIN ST RAVEN WY LACADENADR WESTWOODST CARDIN ALCT REED AV ORIOLE AV DOSRIOSAV P A S C A L AV HO N E Y HILL DR REED AV LA PAIX ST P A RADISE S T COUNTRY CLUBLN VIVIENDA AV FREMONTIA AV OBSERVATION DR OBSERVATIONDR VAN BUREN ST VAN BUREN ST BARTON RD B A R T O N R D PICO ST PICO ST DE BERRY ST DE BERRY ST MICHIGAN ST PALM AVE MT VERNON AVE MAIN ST MAIN ST MAIN ST PALM AVE MT VERNON AV / Date: 11/8/2016 FINCH ST WREN ST FLAMINGO ST CONDOR CT GARDEN AV SANBURG WY VIVIENDA AV PASCAL AV KENTFIELD ST KENTFIELD ST LARK ST KENTFIELD ST KENTFIELD ST LA PAIX ST DE SOTO ST LA PAIX ST VIVENDA AVE MINONA CT ARLISS DR ARLISS LN HONEYHILL CT GRANT TERRACE RD GRANT TERRACE RD CANAL ST LADERA ST FRANKLIN ST ORIOLE AV CARDINAL ST MAVIS ST PASCAL AV WILLET AV VIVIENDA AVE 0 500 1,000 1,500 2,000Feet City of Grand TerraceYEAR 35 Year Pavement ProgramPavement Condition Category I - EXCELLENT TO GOOD (100 - 70) II/III - FAIR (69 - 50) IV - POOR (49 - 25) V - VERY POOR (LESS THAN 25) 9.c Packet Pg. 141 At t a c h m e n t : Y e a r 3 _ o f _ 5 _ Y e a r _ P a v e m e n t P r o g r a m ( 2 0 6 4 : 5 - Y e a r C I P P r o g r a m ) §¨¦215 NEWPORT AVE H O L L Y C T JENSEN CT A R L I S S W A Y THOMAS CT A R LI S S D E L L NAPA CT EAGLE CT FRANKLIN WY BROWNING ST EMERALD ST PALM CT ORANGEWOOD CT VICTORIA ST BROWNING CT FRANKLIN CT DICKENS CT VICTORIA ST GRAN D T E R R A C E R DARLISSDR QUAIL LN KINGSTON ST WARBLER ST PALIKA WY MIKE TODD LN CRANE ST PRUITT CT GRAND TERRACE CT THAMES ST ARLISS C T VIVIEN D A CT DE SOTO ST VIVIENDA AVE BRENTWOOD ST ROSEDALE AV FULMER PL NANDINA ST DARWIN AV SISKIN CT LADERA ST FINCH ST PEACOCK CT WEST WOODLN CENTER CITY CT KINGFISHER RD BURNS AVE PRESTON ST MIRADOAVE C A N A L S T PASCAL AV CANARY CT BLUEMOUNTAIN CT M I N O N A D R DOVE ST LARK ST RAVEN WY TANAGER ST WARBLER AV WARBLER AV REED AVE RAVEN WY NIGHTINGALE WY TANAGER ST MICHIGAN AV O R IOLE AV GARDEN AV DUTCH ST ORIOLE AV LA CROSSE AVE WREN ST M A P L E A V E SANBURG WY KINGSTON ST LITTON AVE TANAGER ST FLAMINGO ST ARLISS DR HAMPTON CT STONEWOOD DR ROYAL AV ROSEDALE AVE MAVIS ST G RAN D TE R RAC E R D WHISTLER ST LADERA ST WILLET A V FLAMINGO ST WILMAC AV M E RLE C T C A RDINAL ST BOSTICK AVE DE SOTO ST VIVIENDA AVE CARHART AVE ETONDR TERRACE AVE LA PAIX ST DE SOTO ST WALNUT AVE GLEN D O R A DR THRUSH ST CARDINAL ST KENTFIELD ST LARK ST VIVIENDA AV BLUEBIRD LN PASCAL AV C O M M E R C E WY ROBIN WY F AIR B U R N DR MIRIA M W A YMC CLARREN ST DARWIN AV MIRADO AV VISTA GRANDE WAY REED AV ETON DR TAYLOR ST HOLLY ST FRANKLIN ST RAVEN WY LACADENADR WESTWOODST CARDIN ALCT REED AV ORIOLE AV DOSRIOSAV P A S C A L AV HO N E Y HILL DR REED AV LA PAIX ST P A RADISE S T COUNTRY CLUBLN VIVIENDA AV FREMONTIA AV OBSERVATION DR OBSERVATIONDR VAN BUREN ST VAN BUREN ST BARTON RD B A R T O N R D PICO ST PICO ST DE BERRY ST DE BERRY ST MICHIGAN ST PALM AVE MT VERNON AVE MAIN ST MAIN ST MAIN ST PALM AVE MT VERNON AV / Date: 11/8/2016 FINCH ST WREN ST FLAMINGO ST CONDOR CT GARDEN AV SANBURG WY VIVIENDA AV PASCAL AV KENTFIELD ST KENTFIELD ST LARK ST KENTFIELD ST KENTFIELD ST LA PAIX ST DE SOTO ST LA PAIX ST VIVENDA AVE MINONA CT ARLISS DR ARLISS LN HONEYHILL CT GRANT TERRACE RD GRANT TERRACE RD CANAL ST LADERA ST FRANKLIN ST ORIOLE AV CARDINAL ST MAVIS ST PASCAL AV WILLET AV VIVIENDA AVE 0 500 1,000 1,500 2,000Feet City of Grand TerraceYEAR 45 Year Pavement ProgramPavement Condition Category I - EXCELLENT TO GOOD (100 - 70) II/III - FAIR (69 - 50) IV - POOR (49 - 25) V - VERY POOR (LESS THAN 25) 9.d Packet Pg. 142 At t a c h m e n t : Y e a r 4 _ o f _ 5 _ Y e a r _ P a v e m e n t P r o g r a m ( 2 0 6 4 : 5 - Y e a r C I P P r o g r a m ) Summary of 5-Year CIP Plan: First Year Paving 900,000.00$ Second Year Paving 977,132.00$ Third Year Paving 1,002,431.00$ Fourth Year Paving 985,290.00$ 5-Year Tree-Trimming Program 192,802.00$ Main Street Chip Sealing 40,000.00$ 6 ADA Ramps on Main Street 29,370.00$ 50-ADA Ramps in the next 5 yrs 150,000.00$ Total 4,277,025.00$ 9.e Packet Pg. 143 At t a c h m e n t : 5 - Y e a r C I P ( 2 0 6 4 : 5 - Y e a r C I P P r o g r a m ) This page left intentionally blank. RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, ADOPTING THE FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEAR 2016-17 THROUGH 2020-21 WHEREAS, San Bernardino County voters approved passage of Measure I, in November 2004 authorizing San Bernardino Associated Governments, acting as the San Bernardino County Transportation Authority, to impose a one- half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-1 of the Authority; and WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Valley Major Street and Freeway Interchange Programs to annually adopt and update a Five-Year Capital Project Needs Analysis. WHEREAS, The City is required to maintain General Fund expenditure for transportation-related construction and maintenance activities at the required Maintenance of Efforts base year amount of $115,156. NOW, THEREFORE, THE CITY COUNCIL OF GRAND TERRACE DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: SECTION 1. That the City Council of the City of Grand Terrace, State of California, hereby adopts the Measure I, Five-Year Capital Project Needs Analysis for Fiscal Year 2016-17 through 2020-21, and the Five-Year Capital Improvement Program, a copy of which is attached to this resolution. SECTION 2. Authorize the Maintenance of Efforts (MOE) expenditure in the amount of $115,156 from the General Fund required for Measure – I pass through money. 9.f Packet Pg. 144 At t a c h m e n t : R e s o C I P ( 2 0 6 4 : 5 - Y e a r C I P P r o g r a m ) PASSED, APPROVED AND ADOPTED by the City Council of the City Grand Terrace at a regular meeting held on the 15th day of November, 2016. ATTEST: ____________________________ ___________________________ Pat Jacquez-Nares Darcy McNaboe City Clerk Mayor APPROVED AS TO FORM: ____________________________ Richard L. Adams, II City Attorney 9.f Packet Pg. 145 At t a c h m e n t : R e s o C I P ( 2 0 6 4 : 5 - Y e a r C I P P r o g r a m ) I, PAT JACQUEZ-NARES, CITY CLERK of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council held on the 15th day of November, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Pat Jacquez-Nares City Clerk 9.f Packet Pg. 146 At t a c h m e n t : R e s o C I P ( 2 0 6 4 : 5 - Y e a r C I P P r o g r a m ) This page left intentionally blank. AGENDA REPORT MEETING DATE: November 15, 2016 Council Item TITLE: Municipal Code Amendment to Establish an Ordinance for the Impoundment of Vehicles Used for Illegal Dumping PRESENTED BY: Sandra Molina, Planning & Development Services Director RECOMMENDATION: Waive further reading and Introduce an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA ADDING CHAPTER 8.116 TO TITLE 8 (HEALTH AND SAFETY) OF THE GRAND TERRACE MUNICIPAL CODE RELATING TO IMPOUNDMENT OF NUISANCE VEHICLES USED FOR ILLEGAL DUMPING 2030 VISION STATEMENT: This report supports our City’s Vision Statement: Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and recreational opportunities; a vibrant and diverse local economy; a place where residents enjoy an outstanding quality of life that fosters pride and an engaged community, encouraging families to come and remain for generations. BACKGROUND: Councilmember Hussey requested that City Staff present an ordinance that would allow seizure of vehicles used in illegal dumping activities. This request was made due to illegal dumping activities that occur on a consistent basis in the northwest end of the City adjacent to Terrace Avenue, in proximity to the railroad trestle. While illegal dumping may occur in other areas of the City, this area is prone to illegal dumping due to its remoteness. This area has become a frequent location for illegal dumping, which have appear to have accelerated over the past 2-3 years. This area of the City is in the CDBG target area and is inspected daily by Code Enforcement Staff. Code Enforcement and the Sheriff’s Department work together to patrol the area as well as respond to complaints of illegal dumping. Burrtec drivers also check the streets and street shoulders for illegally dumped items when they are in the area. The removal of these illegally dumped items results in additional staff time and disposal fees for items such as tires, oil, concrete, and general household waste. The number of illegal dumping incidents continues to substantially increase each year as this area is isolated from public view and or street lighting (see below). It should be 10 Packet Pg. 147 noted that in the first three months of this fiscal year, incidents are already over half of what occurred last fiscal year. Fiscal Year # of Cases July 2013 through June 2014 9 cases July 2014 through June 2015 14 cases July 2015 through June 2016 22 cases *July 2016 through Sept. 2016 16 cases * Only 2 months of the fiscal year DISCUSSION: Attached for the Council’s consideration is a proposed ordinance to allow the impoundment of nuisance vehicles used for illegal dumping. The impoundment of vehicles used for illegal dumping is expressly permitted by the California Vehicle Code (CVC), Section 22659.5; and the proposed ordinance follows the provisions of the CVC. The ordinance authorizes the Sheriff’s Department to impound a vehicle used for illegal dumping, provided that the owner or operator of the vehicle has had a prior conviction for the same offense within the last three years. Consistent with the CVC, the ordinance also contains provisions to notify legal owners of the impoundment, allow legal owners to request a post storage hearing, and provisions regarding release of impounded vehicles. The Sheriff’s Department would order the impoundment of vehicles and would use their towing vendors for vehicle impounds. Additionally, Sheriff’s Department personnel are well versed in the notification and hearing process and Staff anticipates these functions to be completed by the Sheriff’s Department. FISCAL IMPACT: No fiscal impact to the General Fund. ATTACHMENTS:  Ordinance Ch. 8.116 Vehicle Seizure_11.8.2016 (DOCX) APPROVALS: Sandra Molina Completed 11/08/2016 2:49 PM Finance Completed 11/08/2016 5:48 PM 10 Packet Pg. 148 City Attorney Completed 11/08/2016 5:56 PM Sandra Molina Completed 11/08/2016 6:11 PM City Manager Completed 11/09/2016 3:26 PM City Council Pending 11/15/2016 6:00 PM 10 Packet Pg. 149 This page left intentionally blank. ORDINANCE NO. ___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA ADDING CHAPTER 8.116 TO TITLE 8 (HEALTH AND SAFETY) OF THE GRAND TERRACE MUNICIPAL CODE RELATING TO IMPOUNDMENT OF NUISANCE VEHICLES USED FOR ILLEGAL DUMPING WHEREAS, illegal dumping poses a danger to public health and safety, creates blight in the City, and tends to contribute to the presence of flies, insects, vermin, rats, wild animals, and other rodents; and WHEREAS, illegal dumping is facilitated by the use of vehicles, whereby persons utilize vehicles to transport waste matter for the purpose of illegally dumping the waste matter; and WHEREAS, illegal dumping activities place an undue burden on the City, which expends limited public resources in cleanup and enforcement costs; and WHEREAS, illegal dumping activities and the vehicles used in those activities are a public nuisance; and WHEREAS, the City desires to adopt this ordinance pursuant to its authority under section 22659.5 of the California Vehicle Code in order to set forth procedures for abating and deterring illegal dumping activities; and WHEREAS, on November 15, 2016, the City Council conducted a duly noticed public meeting at Grand Terrace Council Chambers 22795 Barton Road, Grand Terrace, CA 92313, and concluded said meeting on that date. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that the foregoing findings/recitals are true and correct. SECTION 2. Title 8 of the Grand Terrace Municipal Code is hereby amended with the addition of the following Chapter 8.116: 10.a Packet Pg. 150 At t a c h m e n t : O r d i n a n c e C h . 8 . 1 1 6 V e h i c l e S e i z u r e _ 1 1 . 8 . 2 0 1 6 ( 2 0 5 7 : M u n i c i p a l C o d e A m e n d m e n t - V e h i c l e S e i z u r e O r d i n a n c e ) “Chapter 8.116 Impoundment of Nuisance Vehicles Used for Illegal Dumping Sections: 8.116.010 – Definitions 8.116.020 – Declaration of Nuisance Vehicle 8.116.030 – Impoundment of Nuisance Vehicle 8.116.040 – Post Storage Hearing 8.116.050 – Vehicle Release Prior to Expiration of Impoundment Period 8.116.060 – Proof of Vehicle Ownership 8.116.070 – Vehicle Towing and Storage Charges Section 8.116.010 – Definitions. For the purposes of this chapter, the following definitions shall apply: A. “Authorized public officer” means a public officer authorized to exercise the power of arrest pursuant to California Penal Code section 830.7(j). B. “Bulky item” means any discarded furniture, home or industrial appliance, abandoned vehicle or part of an abandoned vehicle, or any object that exceeds the maximum size and/or weight described by the City’s franchise waste hauler for placement into a household or commercial waste or recyclable container. C. “Driver” means a person who drives a motor vehicle. D. “Hazardous waste” means any waste as defined in California Health and Safety Code section 25117. E. “Illegal dumping” means placing, throwing, dropping, depositing, sweeping, dumping, disposing, or leaving or any organic or inorganic rubbish, waste matter, garbage, bulky item, construction material, hazardous waste, solid waste, or other solid semisolid, or liquid on any public or private property not designated for that dumping or disposal purpose as prohibited by California Penal Code section 374.3. F. “Legal owner” means a person holding a security interest in a vehicle which is subject to the provisions of the Uniform Commercial Code, as set forth in California Vehicle Code section 370. G. “Registered owner” means a person registered by the California Department of Motor Vehicles as the owner of the vehicle, as set forth in California Vehicle Code section 505. 10.a Packet Pg. 151 At t a c h m e n t : O r d i n a n c e C h . 8 . 1 1 6 V e h i c l e S e i z u r e _ 1 1 . 8 . 2 0 1 6 ( 2 0 5 7 : M u n i c i p a l C o d e A m e n d m e n t - V e h i c l e S e i z u r e O r d i n a n c e ) H. “Solid waste” means all putrescible and non-putrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, dewatered, treated or chemically fixed sewage sludge, which is not hazardous waste, manure, vegetable or animal solid or semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include hazardous waste. I. “Vehicle” means a “vehicle” as that term is defined in California Vehicle Code section 670, and “motor vehicle” means a “motor vehicle” as that term is defined in California Vehicle Code section 415. Section 8.116.020 – Declaration of nuisance vehicle. A. Any vehicle used for the purpose of illegal dumping is a nuisance and the vehicle shall be impounded as provided in this chapter. B. Any vehicle used to transport any bulky item, any hazardous waste, or solid waste for the purpose of illegal dumping is a nuisance and the vehicle shall be impounded as provided in this chapter. C. Any person or any agent, employee, or representative thereof who owns, leases, conducts, or maintains any vehicle used for any of the purposes or acts set forth herein is responsible for creating a public nuisance. Section 8.116.030 – Impoundment of nuisance vehicle. A. Pursuant to the provisions set forth in this chapter, any peace officer or authorized public officer may seize a vehicle subject to impoundment for up to thirty (30) days if all of the following conditions are met: 1. The vehicle is used in the commission or attempted commission of illegal dumping in violation of section 374.3 of the California Penal Code; 2. The driver is validly arrested for a violation of Penal Code section 374.3; and 3. The owner or operator of the vehicle has had a prior conviction for the same offense within the last three (3) years; and B. Within two (2) working days after impoundment, the City shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at the address obtained from the Department of Motor Vehicles (DMV), informing the owner that the vehicle has been impounded. The notice shall also include notice of the opportunity for a post-storage hearing to determine the validity of the storage or to determine the mitigating circumstances establishing that the vehicle should be released. The notice shall include all of the following information: 10.a Packet Pg. 152 At t a c h m e n t : O r d i n a n c e C h . 8 . 1 1 6 V e h i c l e S e i z u r e _ 1 1 . 8 . 2 0 1 6 ( 2 0 5 7 : M u n i c i p a l C o d e A m e n d m e n t - V e h i c l e S e i z u r e O r d i n a n c e ) 1. The name, address, and telephone number of the agency providing the notice. 2. A description of the vehicle, which shall include, if available, the manufacturer, the make or model, the license plate number, and the mileage, and the location of the place of storage. 3. The authority and purpose for the removal of the vehicle. 4. A statement that, in order to receive a post-storage hearing, the owners, or their agents, shall request the hearing in person, writing, or by telephone within ten (10) days of the date appearing on the notice. If the City fails to notify the legal owner within two (2) working days after the impoundment as provided herein, the City shall be prohibited from charging for more than five (5) days’ storage when the legal owner redeems the impounded vehicle. The City shall maintain a published telephone number that provides information twenty-four (24) hours a day regarding the impoundment of vehicles and the rights of a legal owner and registered owner to request a hearing. Section 8.116.040 – Post-storage hearing. A. Any claimant who desires a post-storage hearing must make a request to the City in person, in writing, or by telephone as specified in the notice of impounding within ten (10) days of such notice. Failure to make a request within the time allowed shall constitute the claimant’s waiver of any right to a post-storage hearing and satisfies the requirement for such hearing. B. The post-storage hearing shall be conducted within forty-eight (48) hours of the request, excluding weekends and holidays. The City may authorize one of its officers or employees to conduct the hearing, provided that officer or employee that conducts the hearing is not the same person who directed the seizure of the vehicle. C. Failure of the legal and registered owners, or their agents, to request or to attend a scheduled hearing shall satisfy the post-storage hearing requirement. 8.116.050 – Vehicle release prior to expiration of impoundment period. A. Notwithstanding the provisions of this chapter, the City shall release the impounded vehicle to the registered owner or his or her agent prior to the expiration of the impoundment period upon the determination of any of the following circumstances: 1. The driver of the impounded vehicle was arrested without probable cause. 10.a Packet Pg. 153 At t a c h m e n t : O r d i n a n c e C h . 8 . 1 1 6 V e h i c l e S e i z u r e _ 1 1 . 8 . 2 0 1 6 ( 2 0 5 7 : M u n i c i p a l C o d e A m e n d m e n t - V e h i c l e S e i z u r e O r d i n a n c e ) 2. The vehicle is a stolen vehicle. 3. The vehicle is subject to bailment and was driven by an unlicensed employee of a business establishment, including a parking service or repair garage. 4. The driver of the vehicle is not the sole registered owner of the vehicle and the vehicle is being released to another registered owner of the vehicle who agrees not to allow the driver to use the vehicle until after the end of the impoundment period. 5. The registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation. 6. A spouse, registered domestic partner, or other affected third party objects to the impoundment of the vehicle on the ground that it would create a hardship, if the subject vehicle is the sole vehicle in a household. The hearing officer shall release the vehicle where the hardship to a spouse, registered domestic partner, or other affected third party created by the impoundment of the subject vehicle, or the length of the impoundment, outweigh the seriousness and severity of the act in which the vehicle was used. B. Release of vehicle to holder of security interest in vehicle. 1. A vehicle removed and seized pursuant to this chapter shall be released to the legal owner of the vehicle or the legal owner’s agent prior to the end of the impoundment period if both of the following conditions are met: a. The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person who is not the registered owner and holds a security interest in the vehicle. b. The legal owner or the legal owner’s agent pays all towing and storage fees relating to the seizure and impoundment of the vehicle. 2. A legal owner or a legal owner’s agent who meets the conditions of release of this section shall not be required to request a post-storage hearing as a requirement for release of the vehicle to the legal owner or the legal owner’s agent. 3. Administrative costs authorized under Vehicle Code section 22850.5(a) shall not be charged to the legal owner of the type described in 10.a Packet Pg. 154 At t a c h m e n t : O r d i n a n c e C h . 8 . 1 1 6 V e h i c l e S e i z u r e _ 1 1 . 8 . 2 0 1 6 ( 2 0 5 7 : M u n i c i p a l C o d e A m e n d m e n t - V e h i c l e S e i z u r e O r d i n a n c e ) this section who redeems the vehicle pursuant to this section, unless the legal owner voluntarily requests a post-storage hearing. C. A legal owner who meets the requirements of release pursuant to section 8.116.050(B), or the legal owner’s agent, shall not release the vehicle to the registered owner of the vehicle or an agent of the registered owner, unless the registered owner is a rental car agency, until after termination of the impoundment period. Prior to relinquishing the vehicle to the registered owner, the legal owner may require the registered owner to pay all of the towing and storage charges related to the seizure and impoundment of the vehicle. D. Release of impounded rental vehicles. 1. A vehicle removed and seized pursuant to this chapter shall be released to a rental car agency prior to the end of the impoundment period if the agency is either the legal owner or the registered owner of the vehicle and the rental car agency pays all towing and storage fees related to the seizure and impoundment of the vehicle. 2. The rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the seizure and impoundment. 3. The owner of a rental vehicle seized pursuant to this chapter may continue to rent the vehicle upon recovery of the vehicle. However, the rental car agency shall not rent another vehicle to the driver of the vehicle that was seized until the expiration of the impoundment period. Section 8.116.060 – Proof of vehicle ownership. A. The legal owner or the legal owner’s agent shall present to the law enforcement agency, the City, person in possession of the vehicle, or any person acting on behalf of those agencies, a copy of the assignment, as defined in section 7500.1(b) of the Business and Professions Code, a release from the responsible governmental agency, if required by the agency, a government-issued photographic identification card, and any one of the following, whether or not paperless or electronic, showing proof of legal ownership of the vehicle, as determined by the legal owner or the legal owner’s agent: 1. a certificate of repossession of the vehicle. 2. a security agreement for the vehicle, or 3. title. 10.a Packet Pg. 155 At t a c h m e n t : O r d i n a n c e C h . 8 . 1 1 6 V e h i c l e S e i z u r e _ 1 1 . 8 . 2 0 1 6 ( 2 0 5 7 : M u n i c i p a l C o d e A m e n d m e n t - V e h i c l e S e i z u r e O r d i n a n c e ) B. Any documents presented may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, City, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or the legal owner’s agent. C. The law enforcement agency, City, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. D. The law enforcement agency, City, or any person acting on behalf of those agencies may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license registration issued pursuant to Chapter 11 (commencing with section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, City, or any person acting on behalf of the those agencies, that the agent is exempt from licensure pursuant to section 7500.2 or 7500.3 of the Business and Professions Code. E. The law enforcement agency, City, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this section. F. The legal owner or the legal owner’s agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold log book. G. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owner’s agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending any such claims. 8.116.070 – Vehicle towing and storage charges. A. Towing and storage charges. 1. Except as provided in this section, the registered owner or his or her agent shall be responsible for all towing and storage costs related to the impoundment. 2. The registered owner of the motor vehicle shall not be responsible for the towing and storage costs related to the impoundment in the following circumstances: 10.a Packet Pg. 156 At t a c h m e n t : O r d i n a n c e C h . 8 . 1 1 6 V e h i c l e S e i z u r e _ 1 1 . 8 . 2 0 1 6 ( 2 0 5 7 : M u n i c i p a l C o d e A m e n d m e n t - V e h i c l e S e i z u r e O r d i n a n c e ) a. It is determined after a requested and held post-storage hearing that reasonable grounds for the storage were not established. b. Notwithstanding any other provision of law, if a motor vehicle is released prior to the expiration of the impoundment period because the driver was arrested without probable cause. 3. No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the fifteenth (15th) day of the impoundment period. Neither the City nor any person having possession of the vehicle shall collect from the legal owner as described in section 8.116.050(B)(1), or the legal owner’s agent, any administrative charges imposed pursuant to section 22850.5 of the California Vehicle Code, unless the legal owner voluntarily requested a post-storage hearing. B. Payment of towing and storage charges. 1. Any person operating or in charge of a storage facility where vehicles are stored pursuant to this chapter shall accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owner’s agent claiming the vehicle. A credit or debit card shall be in the name of the person presenting the card. For purposes of this section, “credit card” is as defined in section 1747.02(a) of the California Civil Code. Credit card does not include a credit card issued by a retail seller. a. A person operating or in charge of a storage vehicle as described in this section who violates this section shall be civilly liable to the owner of the vehicle or person who tendered the fees for four (4) times the amount of the towing, storage, and related fees not to exceed Five Hundred Dollars ($500.00). b. A person operating or in charge of a storage facility as described in this section shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change for, a reasonable monetary transaction. c. Credit card charges for towing, storage, and related fees shall comply with section 1748.1 of the California Civil Code. Law enforcement agencies may include the costs of providing for payment by credit card when making agreements with towing companies on rates. 10.a Packet Pg. 157 At t a c h m e n t : O r d i n a n c e C h . 8 . 1 1 6 V e h i c l e S e i z u r e _ 1 1 . 8 . 2 0 1 6 ( 2 0 5 7 : M u n i c i p a l C o d e A m e n d m e n t - V e h i c l e S e i z u r e O r d i n a n c e ) 2. The failure of a storage facility to comply with any applicable provisions set forth in this section shall not affect the right of the legal owner or the legal owner’s agent to retrieve the vehicle if all conditions required of the legal owner under this chapter are satisfied.” SECTION 3. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment. SECTION 4. Any provision of the Grand Terrace Municipal Code or appendices thereto that are inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance. SECTION 5. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect this validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phase thereof , irrespective of the fact that any one or more sections, subsection, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional. SECTION 6. This Ordinance shall take effect thirty (30) days after its final passage and, within fifteen (15) days of its passage, the City Clerk of the City of Grand Terrace shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and City Council, and shall cause the same to be published in a newspaper in the manner required by law. 10.a Packet Pg. 158 At t a c h m e n t : O r d i n a n c e C h . 8 . 1 1 6 V e h i c l e S e i z u r e _ 1 1 . 8 . 2 0 1 6 ( 2 0 5 7 : M u n i c i p a l C o d e A m e n d m e n t - V e h i c l e S e i z u r e O r d i n a n c e ) PASSED, APPROVED AND ADOPTED this ____day of ______________, 2016. ___________________________ Darcy McNaboe Mayor ATTEST: ___________________________ Pat Jacquez-Nares City Clerk APPROVED AS TO FORM: _________________________ Richard L. Adams II City Attorney 10.a Packet Pg. 159 At t a c h m e n t : O r d i n a n c e C h . 8 . 1 1 6 V e h i c l e S e i z u r e _ 1 1 . 8 . 2 0 1 6 ( 2 0 5 7 : M u n i c i p a l C o d e A m e n d m e n t - V e h i c l e S e i z u r e O r d i n a n c e ) I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the ____ of _____, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________ Pat Jacquez-Nares City Clerk 10.a Packet Pg. 160 At t a c h m e n t : O r d i n a n c e C h . 8 . 1 1 6 V e h i c l e S e i z u r e _ 1 1 . 8 . 2 0 1 6 ( 2 0 5 7 : M u n i c i p a l C o d e A m e n d m e n t - V e h i c l e S e i z u r e O r d i n a n c e ) This page left intentionally blank. AGENDA REPORT MEETING DATE: November 15, 2016 Council Item TITLE: Authorize the City Manager to Award Demolition Contract to Demolish the Structures at 22273 Barton Road PRESENTED BY: Sandra Molina, Planning & Development Services Director RECOMMENDATION: Authorize the City Manager to Enter Into a Contract with the Lowest Responsible Bidder for Demolition of Structures located at 22273 Barton Road in an Amount not to Exceed Forty Seven Thousand Dollars ($47,000) 2030 VISION STATEMENT: This staff report supports our Goal #3 to Promote Economic Development Developing Proactive Economic Development Plan to Attract New Businesses by Investing in Infrastructure Needed to Support Business Attraction and Retention. BACKGROUND: On September 13, 2016, the City Council authorized the City Manager to complete the Purchase and Sale Agreement with the property owner of 22273 Barton Road, and authorized appropriations of $900,000 to fund the purchase of the aforementioned property and to cover the cost of demolition to clear the existing property of all structures. The appropriation included $47,000.00 to cover demolition costs. DISCUSSION: Escrow closed on September 19, 2016. The terms of escrow allow the current resident to remain on the property for 60 days after escrow closes. The City will have full possession of the property on November 19, 2016. Staff does not want the property to remain vacant for any significant amount of time, and create any health and safety issues such as vandalism or squatting. Staff’s intent is for the structures to be demolished by the end of this year. A Notice Inviting Bids for demolition of the structures was advertised on October 4, 2016, and the bid opening is scheduled for November 21, 2016. Once opened, the Bids are reviewed and the lowest responsible bidder is selected. This process follows the City’s Purchasing Ordinance and Policies. Staff would like to enter into a contract soon after bid opening with the intent of having the work completed before the end of the calendar year. Therefore, in the interest of time, Staff is requesting that the City Council authorize the City Manager to enter into a 11 Packet Pg. 161 contract with the lowest responsible bidder for demolition services, not to exceed $47,000.00. FISCAL IMPACT: On September 13, 2016, the City Council appropriated funds for the purchase of the property and demolition of the structures. Demolition is budgeted at $47,000.00. APPROVALS: Sandra Molina Completed 11/02/2016 12:34 PM Finance Completed 11/07/2016 4:14 PM City Attorney Completed 11/08/2016 5:46 PM City Manager Completed 11/09/2016 3:28 PM City Council Pending 11/15/2016 6:00 PM 11 Packet Pg. 162 AGENDA REPORT MEETING DATE: November 15, 2016 Council Item TITLE: City of Grand Terrace Assessment of Existing Park and Recreation System and Establishing Funding Priorities for Existing and New Parks PRESENTED BY: G. Harold Duffey, City Manager RECOMMENDATION: Provide Staff Direction by Approving Funding Priorities for the use of Park Development Impact Fees to Refurbish, Expand and add new Facilities to the Park and Recreation System within the City of Grand Terrace. 2030 VISION STATEMENT This staff report supports our 2030 Vision Statement: Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and recreational opportunities; a vibrant and diverse local economy; a place where residents enjoy an outstanding quality of life that fosters pride and an engaged community, encouraging families to come and remain for generations. BACKGROUND: On September 22, 2015 the City Council approved a professional services agreement with MIG consulting to assess the existing park system within the City of Grand to determine if it has the capacity to meet the recreational needs of the community. In addition, the contract also called for the consultant to work on the development of three new parks; The Dog Park, The Blue Mountain Nature Trail and Skate Park (Attachment I). The staff report also recommended the City Council use Park Developer Impact Fees (Quimby Fees) to Fund the park assessment and remedy potential Americans Disabilities Act and County Environmental Health issues at specific parks (Attachment II). DISCUSSION: Over the past 13 months the consultant assessed the existing park system and developed a report that identifies the amenities at each city park. In addition to the amenities, the consultant identified potential improvements at each park (Attachment 12 Packet Pg. 163 III). The consultant and City staff also met with community recreational leagues (Baseball, Soccer, Football and basketball) to assess their future needs at each park. However, because the Leagues are also dependent on Colton Joint Unified School District (CJUSD) Fields, we included the Superintendent in our meeting to try to address the immediate concerns of the Leagues. During our meeting, we identified immediate and long term priorities for each League (Attachment IV). New Parks Dog Park - In the area of new parks, the consultant hosted several community meetings, which lead to the design of a City Dog Park, the scope of services was changed to accommodate the recommendation of design build, in hopes that design build would reduce the overall estimated costs of $225,000 (Attachment V). Blue Mountain Nature Trail - The Friends of the Blue Mountain held several meetings with the Consultant and staff to discuss a trail head for the Blue Mountain Trail. The committee examined two trail head areas; Palm and Honey Hill (privately owned) and Observation and Van Buren (City owned property). Ultimately the City’s property was selected as the new trail head for the Blue Mountain Nature Trail. Staff applied for a State Parks matching fund Grant (Habitat Conservation Fund) for approximately $298,000 - overall project would require city match of $200,000 for state funds. The Grant would include the development of a Trail Head, restrooms, off street parking, security gate and a new Blue Mountain trail from the Trail Head to the existing Blue Mountain Nature Trail (Attachment VI). Skate Park - City staff initially met with Skate Park committee and examined three different locations for the skate park. The Consultant and City staff also met with youth to get their feedback on what a skate park needed to keep them engaged. However, because the committee membership changed, we were unable to present a finding at this time. We will still be working on this project and return to the Council at a future date. Renovation and Partnerships Grand Terrace Middle Soccer Field - The School district is prepared to invest $193,384.12 on the middle soccer field and requested that the City enter into a joint use agreement with the CJUSD. The City would then work with sports leagues to use the facility for a fee. It is envisioned the user fee will cover the entire cost of a professional management company to take care of the field. This project is unique to this program, as all other programs within this project are funded by Park Developer Impact Fees, which cannot be used for maintenance. So, it is crucial, if the City agrees to a joint use agreement, with CJUSD, it must recover all its cost or there will be a direct impact to the general fund (Attachment IIV). 12 Packet Pg. 164 Grand Terrace Middle School Pool - Last fiscal year, the City proposed to use Grand Terrace Middle School to host a summer swim program. The CJUSD was unable to prepare the pool in time to host the event but allowed the City to use the high school pool. The CJUSD indicated that refurbishing the pool would cost approximately $130,000 (Attachment IIIV). If the City partnered with the school district the district would use the pool throughout the school year and the City could enter into a joint use agreement for use of the pool on weekends and during the summer. Veteran’s Freedom Park - Formally known as Pico Park, The Council directed staff to make facility improvements at the park. The improvements will enhance the parks theme as a result of the Freedom Wall in the park. Based on Council direction MIG is currently developing plans for the Veteran’s Freedom Park. Those improvements coupled with an estimated cost of $70,000 for new baseball field lights should result in the park receiving $150,000 facelift. General Park Upgrades - Staff estimates that all of the existing parks may need new park furniture and improved playground material over the next 5 years. Staff estimates the equipment cost to be around $75,000. The improvements and incorporation of new parks has a total value of approximately $780,000. While there are various phases within this entire project, for planning purposes staff would like the Council to prioritize the use of Park Development Impact Fees, the City is expecting to have a balance of $826,997 (Attachment IX) by June 2018. If the Council supports staff recommendations in Attachment X, staff will move forward with projects and return to Council with each project and funding request. FISCAL IMPACT: There will be no initial impact on the General Fund as a result of the Council approving this project. However upon staff’s return for each project a funding source must be identified for the project and the ongoing maintenance of each additional asset added to the City’s park system. ATTACHMENTS:  Attachment I - 09-22-2016 CC Approved Staff Report (PDF)  Attachment II - Park Compliance Photos (PDF)  Attachment III - Park Assessments (PDF)  Attachment IV - League Meeting Summary (PDF)  Attachment V - Dog Park (PDF)  Attachment VI - Habitat Conservation Fund Application (PDF)  Attachment VII - Soccer Field Estimate (PDF)  Attachment VIII - GT Middle School Pool Estimate (PDF)  Attachment IX - Fund Balance for Park Fund (PDF)  Attachment X - Parks Project Funding List (PDF) 12 Packet Pg. 165 APPROVALS: G. Harold Harold Duffey Completed 11/09/2016 1:39 PM City Attorney Completed 11/09/2016 4:50 PM Finance Completed 11/09/2016 4:51 PM City Manager Completed 11/09/2016 4:52 PM City Council Pending 11/15/2016 6:00 PM 12 Packet Pg. 166 AGENDA REPORT MEETING DATE: September 22, 2015 Council Item TITLE: Appropriate $40,000 for Regulatory and ADA Compliance in Existing City Parks; and Appropriate $110,000 and Approve a Professional Services Agreement with MIG Inc. for Design, Planning, Management, Communications and Technology Services for; Assessment of Existing City Parks, their Ability to Support Expanded Recreational Programs; Design, Planning and Cost Estimates for the Development of Three New Parks (Dog Park, Skate Park and Blue Mountain Nature Trail). PRESENTED BY: G. Harold Duffey, City Manager RECOMMENDATION: 1.Appropriate $40,000 in Quimby Fees for Regulatory and ADA upgrades to Richard Rollins and Pico Park(s). 2.Appropriate $110,000 in Quimby Fees for assessment of existing parks and for the design and cost estimates three new parks. 3.Authorize the City Manager to Execute a Sole Source Agreement with MIG Inc. Landscape Architectural Design Services for the assessment of existing City Parks, their ability to support expanded recreational programs; Design, planning and cost estimates for the development of three new parks (Dog Park, Skate Park and Blue Mountain Nature Trail). 2030 VISION STATEMENT: This staff report supports Goal #1- Ensure Our Fiscal Viability (Explore Creative Means to Provide Services), Goal #3- Develop and implement Successful Partnerships and Goal 5-. Engage in Proactive Communication. BACKGROUND: Since its incorporation in 1978, the City of Grand Terrace has maintained a number of neighborhood and community parks (Attachment I). Over the years, unfunded regulatory mandates from State and Federal regulatory agencies require modifications to amenities within parks to remain in compliance with State and Federal Laws. The last decade has been fiscally challenging to cities as they struggle to just provide basic services, leaving little to no funding to invest in upgrades at existing park facilities or expansion of the park system. 12.a Packet Pg. 167 At t a c h m e n t : A t t a c h m e n t I - 0 9 - 2 2 - 2 0 1 6 C C A p p r o v e d S t a f f R e p o r t ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) However, the City of Grand Terrace passed the Quimby Act which requires developers to pay for or donate open space and parkland to maintain a targeted balance of open space and 4.1 acres of parkland per 1,000 residents. Quimby Fees are collected on all new development projects and are restricted to expansion or development of new open space and parkland. Quimby Fees are a great way for cities to maintain quality of life standards by insuring residents access to passive and active open space within a city. The City of Grand Terrace has a current balance of approximately $303,000 in Quimby Fees as of June 30, 2015 (Attachment II). DISCUSSION: Staff proposes the City Council use Quimby Fees in the following manner: 1.Insure existing City Park facilities are in compliance with State and Federal laws and; 2.Provide assessment of existing City parks and open space and engage the recreation needs; 3.Design, and develop cost estimates for three new parks and recreation facilities (Dog Park, Skate Park and Blue Mountain Nature Trail) to facilitate their ability to from private and government agencies. 1.Compliance Richard Rollins and Pico Park both have snack bars where local sports groups sell snacks to spectators during little league and soccer games. County Environmental Health recently inspected both facilities and determined that a number of upgrades are necessary for the snack bars to be in compliance with the latest food prep standards (Attachment III). Although the facilities are opinion,the facilities need to be upgraded to meet Environmental Health requirements or the City should no longer allow the facilities to operate. If the facilities continue to operate without meeting all Environmental Health standards, the City could be exposed to future liability. The leagues are currently complying by limiting the products they sell. Limiting the products for sale, because of health restrictions,is impacting overall profits from the snack bars. These sales generate money for athletic uniforms and league necessities. Staff estimates the overall cost to bring both snack bars into compliance is approximately $20,000. -Ball field has significant 12.a Packet Pg. 168 At t a c h m e n t : A t t a c h m e n t I - 0 9 - 2 2 - 2 0 1 6 C C A p p r o v e d S t a f f R e p o r t ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) travel path issues. The field was recently constructed after the loss of one baseball diamond with the development of the high school. The field is placed on the North/East end of the park without a concrete travel path. Access to the field is difficult and nonexistent for anyone who would need to be accommodated under the Americans Disabilities Act (ADA). Staff has received initial estimates and believes a concrete path that meets ADA requirements can be designed and constructed for approximately $20,000. Total cost for this component of the entire project is estimated at approximately $40,000. 2.Existing Parks for Recreation The City of Grand Terrace has a small administrative staff, the current functions of Parks and Recreation Services are assigned to the Community Development Department. City Parks are maintained by Public Works maintenance staff and contractors. There are no Park and Recreation managers, planners or administrators on staff to address the park planning issues outlined in this report. Therefore, staff engaged MIG Inc. to assist the City with assessment of existing City parks, facilitation of community engagement and the design and planning for the development of new City Parks. Sole Source Professional Service Contracts when the services provided by a specific company are unique in quality, performance or use specification. Staff believes MIG Inc. fits this criteria based on their ability to supplement city staff on the various phases and components of this project A comprehensive proposal from MIG Inc. (Attachment IV) is included, it highlights their innovative planning and design solutions on park and recreation projects throughout California. Although the City owns and maintains park facilities it does not officially sponsor any recreational programs. It is only through its robust community leagues that the City is able to maintain its active and robust recreation programs. In addition to the sports leagues, the City also partners with the Colton Unified School District (CJUSD) through a joint use facility agreement. The agreement is with the CJUSD and the City and the City allows the leagues to utilize CJUSD facilities through its agreement. The City is currently working with CJUSD on a new agreement. Therefore, before the City embarks on any construction projects or expansion of existing recreations facilities, staff would like to engage the community to assess our existing facilities (including CJUSD) ability to meet existing and future league programs. Staff proposes a series of community meeting facilitated by MIG Inc. Total estimate of this component of the project is estimated not to exceed $12,735. 3.New Parks For more than a decade, the City has discussed the development of a Dog Park, community members raised over $12,000 for a Dog Park and the City Council 12.a Packet Pg. 169 At t a c h m e n t : A t t a c h m e n t I - 0 9 - 2 2 - 2 0 1 6 C C A p p r o v e d S t a f f R e p o r t ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) recently accepted former redevelopment property as the site for a City Dog Park (Attachment V). Staff would like to utilize the planning and design service of MIG Inc. to engage the community, design and prepare construction plans for the Dog Park. MIG Inc. will be charged with will then seek grant funds from public and private agencies for construction of the Dog Park. Total costs of this component of the project including engineering services is estimated not to exceed $46,500, Over the last several years the community discussed the possibility of developing a Skate Park in Grand Terrace. Azure Hills Seventh Day Adventist Church most recently established a committee and has a potential site for a Skate Park. In the past,there has been some concern about liability of a City if it owned a Skate Park, however many communities throughout the nation own Skate Parks. Staff proposes to move forward with the design of a Skate Park that can be housed on public or private land. There are a number of different designs for a Skate Park. Staff believes the City can effectively design one of the following Skate Parks: a)Skate Dot (can support 3-5 concurrent users, one at a time). b)A Skate Spot (usually has a number of structures on 2,500 to 5,000 square feet); and c)Finally the Neighborhood Skate park (approximately 10,000 square feet which has clear and distinct boarder). MIG consultants will design one of the three options above. project design will include the design and cost for above ground structures to be placed on property owned by the City. However, the plans, once completed can be used on private property, if it is determined that a city owned Skate Park is not feasible, a partnership could also be developed where the plans could be used on private property. It is also suggested that the Skate Parks mentioned above have certain amenities (Attachment VI). Total cost of this component of the project is estimated not to exceed $22,060 The final new park project is the Blue Mountain Nature Trail. Residents of the Mountain. People are currently accessing the Blue Mountain from various points, some of which are negatively impacting neighborhoods. The goal of this project is to develop a Blue Mountain Nature Trail that consists of approximately 120 acres. The City currently owns 20 acres, which will act as the Trail Head of the Blue Mountain Nature Trails. The Trail Head is envisioned to include parking, restrooms and other amenities to allow residents and visitors legal and safe access to the Blue Mountain. The goal is to develop the 120 acre Blue Mountain Nature Trail that can eventually be expanded to 500 acres and tie into other trails. In addition to developing legal access to the Blue Mountain, staff is also hoping that this project will reduce negative impacts to existing neighborhoods. Total cost for this component of the project is estimated not to exceed $28,420. 12.a Packet Pg. 170 At t a c h m e n t : A t t a c h m e n t I - 0 9 - 2 2 - 2 0 1 6 C C A p p r o v e d S t a f f R e p o r t ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) FISCAL IMPACT: Development Impact Fees) Fund -Fund 13 which consists of Quimby Fees that can only be used for the improvement and acquisition of new parks and open space. The current balance of this Fund is $303,000 and staff recommends that $40,000 be appropriated to address Environmental and Regulatory issues at Richard Rollins and Pico Park and $110,000 be used for a Professional Services contract with MIG Inc (Attachment VII). The total amount of Quimby Fees requested for this project is $150,000, leaving a balance of $153,000 in Fund 13. Appropriation: Fund No. & Title Account No. & Title Proposed Appropriation Amount 13 Park Fund 13-640-250 Park Improvements Professional Services $150,000 ATTACHMENTS: Attachment I -Existing Parks (PDF) Attachment II -Quimby Fee Balance (PDF) Attachment III -Environmental Health Report (PDF) Attachment IV -MIG Proposal for Grand Terrace (PDF) Attachment V -Resolution Acquiring 22720 Vista Grande Way (PDF) Attachment VI -Types of Skate Parks (PDF) Attachment VII -MIG Agreement (PDF) APPROVALS: G. Harold Harold Duffey Completed 09/15/2015 8:20 PM Finance Completed 09/15/2015 8:43 PM City Attorney Completed 09/16/2015 8:41 AM City Manager Completed 09/16/2015 12:40 PM City Council Completed 09/22/2015 6:00 PM RESULT:APPROVED [UNANIMOUS] MOVER:Jackie Mitchell, Council Member SECONDER:Bill Hussey, Council Member AYES:McNaboe, Robles, Mitchell, Wilson, Hussey 12.a Packet Pg. 171 At t a c h m e n t : A t t a c h m e n t I - 0 9 - 2 2 - 2 0 1 6 C C A p p r o v e d S t a f f R e p o r t ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.b Packet Pg. 172 At t a c h m e n t : A t t a c h m e n t I I - P a r k C o m p l i a n c e P h o t o s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.c Packet Pg. 173 At t a c h m e n t : A t t a c h m e n t I I I - P a r k A s s e s s m e n t s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.c Packet Pg. 174 At t a c h m e n t : A t t a c h m e n t I I I - P a r k A s s e s s m e n t s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.c Packet Pg. 175 At t a c h m e n t : A t t a c h m e n t I I I - P a r k A s s e s s m e n t s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.c Packet Pg. 176 At t a c h m e n t : A t t a c h m e n t I I I - P a r k A s s e s s m e n t s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.c Packet Pg. 177 At t a c h m e n t : A t t a c h m e n t I I I - P a r k A s s e s s m e n t s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.c Packet Pg. 178 At t a c h m e n t : A t t a c h m e n t I I I - P a r k A s s e s s m e n t s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.c Packet Pg. 179 At t a c h m e n t : A t t a c h m e n t I I I - P a r k A s s e s s m e n t s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.c Packet Pg. 180 At t a c h m e n t : A t t a c h m e n t I I I - P a r k A s s e s s m e n t s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.c Packet Pg. 181 At t a c h m e n t : A t t a c h m e n t I I I - P a r k A s s e s s m e n t s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.c Packet Pg. 182 At t a c h m e n t : A t t a c h m e n t I I I - P a r k A s s e s s m e n t s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.c Packet Pg. 183 At t a c h m e n t : A t t a c h m e n t I I I - P a r k A s s e s s m e n t s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.c Packet Pg. 184 At t a c h m e n t : A t t a c h m e n t I I I - P a r k A s s e s s m e n t s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.c Packet Pg. 185 At t a c h m e n t : A t t a c h m e n t I I I - P a r k A s s e s s m e n t s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.c Packet Pg. 186 At t a c h m e n t : A t t a c h m e n t I I I - P a r k A s s e s s m e n t s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.c Packet Pg. 187 At t a c h m e n t : A t t a c h m e n t I I I - P a r k A s s e s s m e n t s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.c Packet Pg. 188 At t a c h m e n t : A t t a c h m e n t I I I - P a r k A s s e s s m e n t s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.c Packet Pg. 189 At t a c h m e n t : A t t a c h m e n t I I I - P a r k A s s e s s m e n t s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.c Packet Pg. 190 At t a c h m e n t : A t t a c h m e n t I I I - P a r k A s s e s s m e n t s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.c Packet Pg. 191 At t a c h m e n t : A t t a c h m e n t I I I - P a r k A s s e s s m e n t s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.c Packet Pg. 192 At t a c h m e n t : A t t a c h m e n t I I I - P a r k A s s e s s m e n t s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.c Packet Pg. 193 At t a c h m e n t : A t t a c h m e n t I I I - P a r k A s s e s s m e n t s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.c Packet Pg. 194 At t a c h m e n t : A t t a c h m e n t I I I - P a r k A s s e s s m e n t s ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.d Packet Pg. 195 At t a c h m e n t : A t t a c h m e n t I V - L e a g u e M e e t i n g S u m m a r y ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.e Packet Pg. 196 At t a c h m e n t : A t t a c h m e n t V - D o g P a r k ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.e Packet Pg. 197 At t a c h m e n t : A t t a c h m e n t V - D o g P a r k ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.e Packet Pg. 198 At t a c h m e n t : A t t a c h m e n t V - D o g P a r k ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.e Packet Pg. 199 At t a c h m e n t : A t t a c h m e n t V - D o g P a r k ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.e Packet Pg. 200 At t a c h m e n t : A t t a c h m e n t V - D o g P a r k ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.e Packet Pg. 201 At t a c h m e n t : A t t a c h m e n t V - D o g P a r k ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.e Packet Pg. 202 At t a c h m e n t : A t t a c h m e n t V - D o g P a r k ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.e Packet Pg. 203 At t a c h m e n t : A t t a c h m e n t V - D o g P a r k ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.e Packet Pg. 204 At t a c h m e n t : A t t a c h m e n t V - D o g P a r k ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.e Packet Pg. 205 At t a c h m e n t : A t t a c h m e n t V - D o g P a r k ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) Application Prepared By: EvanBrooksAssociates 1030 South Arroyo Parkway, Suite 106 | Pasadena, CA 91105 626.799.8011 | www.ebaplanning.com 12.f Packet Pg. 206 At t a c h m e n t : A t t a c h m e n t V I - H a b i t a t C o n s e r v a t i o n F u n d A p p l i c a t i o n ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.g Packet Pg. 207 At t a c h m e n t : A t t a c h m e n t V I I - S o c c e r F i e l d E s t i m a t e ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.g Packet Pg. 208 At t a c h m e n t : A t t a c h m e n t V I I - S o c c e r F i e l d E s t i m a t e ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.h Packet Pg. 209 At t a c h m e n t : A t t a c h m e n t V I I I - G T M i d d l e S c h o o l P o o l E s t i m a t e ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.h Packet Pg. 210 At t a c h m e n t : A t t a c h m e n t V I I I - G T M i d d l e S c h o o l P o o l E s t i m a t e ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.h Packet Pg. 211 At t a c h m e n t : A t t a c h m e n t V I I I - G T M i d d l e S c h o o l P o o l E s t i m a t e ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.h Packet Pg. 212 At t a c h m e n t : A t t a c h m e n t V I I I - G T M i d d l e S c h o o l P o o l E s t i m a t e ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.h Packet Pg. 213 At t a c h m e n t : A t t a c h m e n t V I I I - G T M i d d l e S c h o o l P o o l E s t i m a t e ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.h Packet Pg. 214 At t a c h m e n t : A t t a c h m e n t V I I I - G T M i d d l e S c h o o l P o o l E s t i m a t e ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.h Packet Pg. 215 At t a c h m e n t : A t t a c h m e n t V I I I - G T M i d d l e S c h o o l P o o l E s t i m a t e ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.h Packet Pg. 216 At t a c h m e n t : A t t a c h m e n t V I I I - G T M i d d l e S c h o o l P o o l E s t i m a t e ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.i Packet Pg. 217 At t a c h m e n t : A t t a c h m e n t I X - F u n d B a l a n c e f o r P a r k F u n d ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) 12.j Packet Pg. 218 At t a c h m e n t : A t t a c h m e n t X - P a r k s P r o j e c t F u n d i n g L i s t ( 2 0 7 0 : P a r k s F u n d i n g P r i o r i t i e s ) AGENDA REPORT MEETING DATE: November 15, 2016 Council Item TITLE: Adoption of a Resolution Establishing a Policy on Existing Animal Licenses PRESENTED BY: Sandra Molina, Planning & Development Services Director RECOMMENDATION: Adopt a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, ESTABLISHING A POLICY ON DOG LICENSING FOR THOSE ACCOUNTS THAT HAVE MORE THAN TWO LEGALLY LICENSED DOGS 2030 VISION STATEMENT: This report supports our City’s Vision Statement: Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and recreational opportunities; a vibrant and diverse local economy; a place where residents enjoy an outstanding quality of life that fosters pride and an engaged community, encouraging families to come and remain for generations. BACKGROUND: On September 27, 2016, the City Council considered a Zoning Code Amendment to revise the zoning code to allow residents to keep any combination of dogs and cats, so long as the maximum number does not exceed a total of four. The current code allows a maximum of two dogs and a maximum of two cats. The Council did not support the proposed amendment. Rather, because there are existing accounts with more than two licensed dogs, the Council directed staff to return with a policy that acknowledges those accounts, but also includes provisions to ultimately obtain compliance. DISCUSSION: City records show that there are 54 accounts with more than two licensed dogs. These accounts break out as follows: 1 account with 5 dogs 8 accounts with 4 dogs 45 accounts with 3 dogs As proposed, the attached policy identifies the accounts with more than two licensed dogs to establish the account numbers and dog tag numbers that the policy is 13 Packet Pg. 219 applicable to. The policy states that these accounts have legally licensed dogs in excess of two, and that the dogs will continue to be licensed annually, until such time that the number of dogs is reduced to two. The proposed policy is an equitable method to allow those residents that legally licensed their dogs to keep them, until such time as they are down to two dogs. FISCAL IMPACT: As the number of accounts comes into compliance the General Fund will realize a slight revenue decrease. ATTACHMENTS:  Resolution_Animal Licensing_11.9.2016 (DOC)  Exhibit 2_Accounts with more than 2 dogs - 11-09-16 (PDF) APPROVALS: Sandra Molina Completed 11/07/2016 4:07 PM Finance Completed 11/07/2016 4:15 PM City Attorney Completed 11/07/2016 4:37 PM Sandra Molina Completed 11/07/2016 4:44 PM City Manager Completed 11/09/2016 3:25 PM City Council Pending 11/15/2016 6:00 PM 13 Packet Pg. 220 RESOLUTION NO. NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, ESTABLISHING A POLICY ON DOG LICENSING FOR THOSE ACCOUNTS THAT HAVE MORE THAN TWO LEGALLY LICENSED DOGS WHEREAS, Chapter 18.10 of the Zoning Code allows a resident to keep a maximum of four pets consisting of two dogs and two cats; WHEREAS, City Council recognizes that there are 54 accounts, identified in Exhibit 2, whereby Grand Terrace residents were legally allowed to license more than two dogs at a single residence; WHEREAS, the City Council desires to establish a policy that recognizes that there are pet licensing accounts with more than two dogs legally licensed, and establish a mechanism to obtain compliance with the Zoning Code; WHEREAS, on November 15, 2016, the City Council conducted a duly noticed meeting at the City Council Chambers located at 22795 Barton Road, Grand Terrace, California; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Grand Terrace, as follows 1. The City Council hereby specifically finds that all of the facts set forth in the above Recitals, are true and correct. 2. The City Council hereby finds that this action is not subject to environmental review pursuant to Section 15060(c)(2) of CEQA, in that this action will not result in a direct or reasonably foreseeable indirect physical change in the environment. 3. The City Council hereby adopts the attached policy, attached hereto as Exhibit 1, related to existing accounts with more than two licensed dogs. 4. The City Clerk of the City of Grand Terrace shall certify to the adoption of this Resolution. 13.a Packet Pg. 221 At t a c h m e n t : R e s o l u t i o n _ A n i m a l L i c e n s i n g _ 1 1 . 9 . 2 0 1 6 [ R e v i s i o n 1 ] ( 2 0 5 6 : A n i m a l L i c e n s i n g P o l i c y ) Page 2 of 3 PASSED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held on the 15th day of November, 2016. AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ __________________________ Pat Jacquez-Nares Darcy McNaboe City Clerk Mayor 13.a Packet Pg. 222 At t a c h m e n t : R e s o l u t i o n _ A n i m a l L i c e n s i n g _ 1 1 . 9 . 2 0 1 6 [ R e v i s i o n 1 ] ( 2 0 5 6 : A n i m a l L i c e n s i n g P o l i c y ) Page 3 of 3 Exhibit 1 This policy applies to all existing accounts with more than two legally licensed dogs. 1.Chapter 18.10 of the Zoning Code allows a resident to have two dogs and two cats, for a maximum of four animals per household. 2.The City Council recognizes that there are 54 accounts, identified in Exhibit 2 “Accounts With More Than Two Licensed Dogs”, whereby Grand Terrace residents were legally allowed to license more than two dogs at a single residence. 3.Exhibit 2 identifies the account number of the pet owner, and each licensed dog by tag number and name. 4.Dog owners will be allowed to annually license the dogs identified in Exhibit 2, until such time as the number of dogs per account is reduced to no more than two (2) dogs. 5.Once the number of dogs owned by the dog owner is reduced to two (2) or less, a new dog shall not be licensed, if the total number of dogs will exceed two (2). 13.a Packet Pg. 223 At t a c h m e n t : R e s o l u t i o n _ A n i m a l L i c e n s i n g _ 1 1 . 9 . 2 0 1 6 [ R e v i s i o n 1 ] ( 2 0 5 6 : A n i m a l L i c e n s i n g P o l i c y ) This page left intentionally blank. Acct #Tag DogName # of Dogs 40 150 MONET 2537 MICKEY 1854 MISTY 3 202 2666 SIMON 2668 BUFFY 2667 JOSH 2665 ELLIE-MAE 4 260 3040 GOLDIE 3041 REBEL 2215 COOPER 3 413 2353 TOBY 2352 DUKE 2816 EVA 3 609 1134 FENDER BENDER 1133 PSYCHO PUPPY 1504 PRINCESS MIA 3 699 1985 TUCKER 2305 BRICK 1736 KIRBY 3 708 203 MAC 525 SHOOGIE 924 MAXIE 3 738 2902 SUKI 2901 MOKO 2903 PEKE 2904 BOWIE 4 13.b Packet Pg. 224 At t a c h m e n t : E x h i b i t 2 _ A c c o u n t s w i t h m o r e t h a n 2 d o g s - 1 1 - 0 9 - 1 6 [ R e v i s i o n 2 ] ( 2 0 5 6 : A n i m a l L i c e n s i n g P o l i c y ) 808 1209 SANDY 2821 SIRIUS 2335 IZZY 3 843 3008 SUNNY 2350 PHOEBE 2351 KILO 3 908 2310 MAX 2311 DIXIE 3076 LADY JANE 3 1063 2357 SANCHEZ 2359 LUCKY 2358 EMMA 3 1128 2327 RUBY 1824 ROCCO 1124 BELLA 3 1168 2537 ALLY 2768 SWEETIE 1563 CHLOE 3 1197 2313 ROCKET 2314 BLONDE 2334 BABY BOY 3 1429 2046 GROVER 2255 GRACE 3206 LUCY 3 1593 2954 HERSHEY 3133 LUCY 2743 MOLLY 3 1634 2718 PIXIE 13.b Packet Pg. 225 At t a c h m e n t : E x h i b i t 2 _ A c c o u n t s w i t h m o r e t h a n 2 d o g s - 1 1 - 0 9 - 1 6 [ R e v i s i o n 2 ] ( 2 0 5 6 : A n i m a l L i c e n s i n g P o l i c y ) 2711 DOZER 2712 JAKE 3 1678 2951 HARLEY 2704 PIPER 3117 YOLANDA 3 1690 1941 WILLOW 1942 ANYA 1972 FAITH 3 1741 2538 JINGLES 2539 PEANUTS 2540 SADIE 3 1775 1278 SAMANTHA 1347 LADY 2529 SHELIA 3 1794 2135 CHIQUITA 2728 TRIXIE 2136 LADY 3 1843 1498 ODO 2960 GIZMO 2180 BAN SHEE 3014 REX 4 1935 1533 PEANUT 2115 LILLY 2116 VAKITA 3 2005 2888 LADY 2887 WINSTON 1713 MILLI 13.b Packet Pg. 226 At t a c h m e n t : E x h i b i t 2 _ A c c o u n t s w i t h m o r e t h a n 2 d o g s - 1 1 - 0 9 - 1 6 [ R e v i s i o n 2 ] ( 2 0 5 6 : A n i m a l L i c e n s i n g P o l i c y ) 2907 CORKY 4 2013 1731 GIGIT 1817 TRIXIE 1877 SHADOW 3 2060 1780 COLBY 2436 ALFIE 2734 MR. LUCKY 3 2067 1671 DORA 1673 DIEGO 1672 BAM BAM 3 2105 1811 HIPPO 1812 FOXY 1813 GINGER 3 2145 3202 TANGO 3118 REINA 3201 HANNAH 3 2177 3083 CHEETARAH 3043 VAUGHN 3082 BUDDY 3032 BLAZE 4 2196 1856 DAISY 1938 CHARLIE 2318 LADY 3 2216 2270 LOLA 2979 SASHA 2271 ROCKY 13.b Packet Pg. 227 At t a c h m e n t : E x h i b i t 2 _ A c c o u n t s w i t h m o r e t h a n 2 d o g s - 1 1 - 0 9 - 1 6 [ R e v i s i o n 2 ] ( 2 0 5 6 : A n i m a l L i c e n s i n g P o l i c y ) 3 2222 2883 KEI 2246 SAM 2331 SUEKEY 3 2271 2576 PIXIE 2449 KLOE 2710 LOLA 3 2385 2669 BLUE 2670 JACK-JACK 2672 MAYHEM 2671 GINGER 4 2397 2691 SCRAPPY 2692 TALULA 2693 BEAMER 2694 BEAR 2695 RD 5 2408 2007 KATARA 2008 DANGER 2009 TOPH 3 2422 2092 QUEENIE 2329 COSMO 2091 HOOTIE 3 2431 3065 SNOWBALL 3066 PRECIOUS 2801 LILLY 2797 CHLOE 4 2444 2072 LADY 2073 ANGEL 2074 GRIEGO 13.b Packet Pg. 228 At t a c h m e n t : E x h i b i t 2 _ A c c o u n t s w i t h m o r e t h a n 2 d o g s - 1 1 - 0 9 - 1 6 [ R e v i s i o n 2 ] ( 2 0 5 6 : A n i m a l L i c e n s i n g P o l i c y ) 3 2445 3060 PRINCESS 3062 SKIPPER 3061 SAILOR 3 2455 2079 COOPER 2078 DUKE 2077 CRAMER 3 2474 2165 BEAGLE 2166 CHAMP 2152 DIEGO 3 2529 2110 COBBLER 2111 NOEL 2109 CASEY 3 2541 2291 LUCY 2292 MAXIE 2221 DOXXIE 3 2599 2454 KASSY 2455 ALLY LU 2456 MAX 2457 GRACIE 4 13.b Packet Pg. 229 At t a c h m e n t : E x h i b i t 2 _ A c c o u n t s w i t h m o r e t h a n 2 d o g s - 1 1 - 0 9 - 1 6 [ R e v i s i o n 2 ] ( 2 0 5 6 : A n i m a l L i c e n s i n g P o l i c y ) 2600 2451 YASHI 2450 ROXY 2796 COCO 3 2634 2374 BOO 2375 JACK 2376 ALLIE 3 2673 2740 RAMBO 2741 COOKIE 2739 SUGAR 3 2681 2750 ROMERO 2748 GIZMO 2749 BEAR 3 2690 2764 MANDY 2765 GRETCHEN 2773 RASCAL 3 2703 2787 PHOEBE 2803 DUKE 3196 MAX 3 13.b Packet Pg. 230 At t a c h m e n t : E x h i b i t 2 _ A c c o u n t s w i t h m o r e t h a n 2 d o g s - 1 1 - 0 9 - 1 6 [ R e v i s i o n 2 ] ( 2 0 5 6 : A n i m a l L i c e n s i n g P o l i c y ) This page left intentionally blank. AGENDA REPORT MEETING DATE: November 15, 2016 Council Item TITLE: City Council Discussion on Advance Planning of 40 Acres North of Vivienda Avenue PRESENTED BY: Sandra Molina, Planning & Development Services Director RECOMMENDATION: Staff requests that the City Council consider the options included in the conclusion of the Agenda Report, and direct staff accordingly. 2030 VISION STATEMENT: This staff report supports Goal #5, Engage in Proactive Communication. BACKGROUND: The General Plan Land Use Map designates approximately 40 acres located at the northwest portion of the City as Floodplain Industrial. The General Plan Land Use Element states that properties designated within the Floodplain Industrial designation have the potential for severe flooding due to their proximity to the Santa Ana River. It is expected that the buildout of the area will occur over a long period of time and that in the interim existing residential uses would be permitted, and that light agricultural uses would be permitted including the keeping of animals with the approval of an Agricultural Overlay zoning designation. Attached are an aerial of the 40 acre-area and an excerpt of Table 2.3 (City of Grand Terrace General Plan Land Use Designations) from the Land Use Element. This area is made up primarily of vacant land. There are approximately three occupied residential units in this area, which are considered legal nonconforming uses. There is one vacant structure that was a residence, but because it has been vacant for several years, it no longer can be re-established as a residential use pursuant to existing codes. The majority of the 40 acres is within a flood zone and development would be subject to the City’s Floodplain Management Ordinance. This area is primarily accessed via Terrace Avenue, with secondary access from La Cadeña Avenue through the railroad trestle. Terrace Avenue is not fully improved, and would need to be improved and most likely redesigned. A Southern California Edison easement crosses the northerly roperties, and there are transmission lines within the easement. A private road easement is used by the residents in that area to access their properties. The City has received a request by a resident requesting that the City consider initiating applications to allow “ranchette” residential uses on large lots that also allow urban 14 Packet Pg. 231 farming, urban agriculture and other ancillary commercial uses. Ranchette is a small scale ranch. DISCUSSION: Urban agriculture is different from traditional farming. It is the growing of plants and raising of animals within and around cities, and could include rooftop gardens, aquaponics centers, or community gardens. The product is typically consumed by those persons within the community. The request received proposes to have the area re-zoned to allow “ranchette” residential uses and to allow urban farming/agriculture uses, such as farms or ranches for the grazing, breeding or raising of animals, boarding horses, growing of orchards, groves, crops, flowers, and allowing the on-site sale of those crops, animals or animal products. When a proposal is received to change the zoning code and general plan, the petitioner will submit the associated applications and bear the cost of processing the applications. The proposal would be considered at public hearings. The request would involve a zone change, general plan amendment, and environmental review. The zone change and general plan amendment would require an initial deposit of $7,500.00, with actual hourly costs charged to the project. These applications would require environmental review under the California Environmental Quality Act (CEQA). CEQA studies are prepared by an environmental consultant contracted by the City. The cost of the study is based on the level of work needed. In this area, it is expected that at, a minimum, cultural, biological, hydrology, air quality/greenhouse gas studies, will be required in order to complete the environmental review. The cost could be several thousands of dollars. CONCLUSION: The request for the City to initiate this proposal would mean the City would bear the costs for the project, including the research to determine appropriate uses and development standards. The environmental costs are not known at this time. The Council could determine that it is not a cost that the City can absorb at this time. The requestor could also move forward on their own and bear the associated costs. Another option would be to seek grants for this type of project, such as such as sustainability grants or air quality grants. There would be costs associated with seeking and applying for grants. If the Council so directs, staff could return with an estimated cost for this option. FISCAL IMPACT: None associated with the discussion. ATTACHMENTS: 14 Packet Pg. 232  AERIAL.pdf (PDF)  Excerpt of Table 2.3 of Land Use Element (PDF) APPROVALS: Sandra Molina Completed 11/09/2016 11:15 AM Finance Completed 11/09/2016 11:28 AM City Attorney Completed 11/09/2016 2:50 PM City Manager Completed 11/09/2016 3:29 PM City Council Pending 11/15/2016 6:00 PM 14 Packet Pg. 233 This page left intentionally blank. TERRACE AVE 14.a Packet Pg. 234 At t a c h m e n t : A E R I A L . p d f ( 2 0 6 3 : C o u n c i l D i r e c t i o n o n 4 0 A c r e s N o r t h o f V i v i e n d a ) Land Use Element Grand Terrace General Plan Adopted April 27, 2010 Resolution No. 2010-10 II-13 Table 2.3 City of Grand Terrace General Plan Land Use Designations Land Use Designation Purpose of Land Use Mount Vernon Avenue and north of Barton Road west of Mount Vernon Avenue. Permitted uses may include office/administrative uses and support retail and service commercial uses INDUSTRIAL Light Industrial (LI) Permitted uses for properties designated as Light Industrial include those uses that can be made compatible with other surrounding uses within the City regarding noise, dust, odors, vibration, glare, air quality, traffic, aesthetics, and hazardous materials. Typical uses may include light manufacturing and assembly, small scale warehousing and distribution, research and development, and administrative and service types of uses. Floodplain Industrial (FI) Properties designated with the Floodplain Industrial designation experience the potential for severe flooding resulting from their proximity to the Santa Ana River. Properties within this designation are planned for ultimate development as light industrial, non- polluting uses similar to the Light Industrial designation. Proposed developments must demonstrate that adequate measures can be implemented to ensure that the proposed use is effectively protected from identified flood hazards. Presently, parcels within this area are largely undeveloped or developed as rural residential land uses. It is anticipated that buildout of this area will occur over a long period of time. During this buildout period, existing residential uses shall be permitted and regulated under the requirements of the Low Density Residential land use designation. Light agricultural uses shall be permitted including the keeping of animals with the approval of an Agricultural Overlay zoning designation. INSTITUTIONAL Public (P) Public uses may include schools, parks, the City Hall, City maintenance facilities and facilities owned and operated by public utilities. OPEN SPACE Hillside Open Space (OS) Properties designated as Hillside Open Space are those that should not be developed as urban land uses due to environmental resources, environmental constraints or scenic resources. These are primarily located along the western and northern slopes of Blue Mountain. Properties designated as Hillside Open Space shall be retained in their natural condition and used as either natural open space or parkland. They may be either publicly or privately owned. 14.b Packet Pg. 235 At t a c h m e n t : E x c e r p t o f T a b l e 2 . 3 o f L a n d U s e E l e m e n t ( 2 0 6 3 : C o u n c i l D i r e c t i o n o n 4 0 A c r e s N o r t h o f V i v i e n d a ) AGENDA REPORT MEETING DATE: November 15, 2016 Council Item TITLE: Award of Contract for Street Maintenance Services PRESENTED BY: Yanni Demitri, Public Works Director RECOMMENDATION: 1. Award a Contractor Agreement to Hardy and Harper, Inc. for Street Maintenance Services 2. Authorize City Manager to execute the Contract 2030 VISION STATEMENT: This staff report supports Goal #2 "Maintain Public Safety" by investing in critical improvements to infrastructure. BACKGROUND: On August 27, 2013, the City Council approved a Professional Services Agreement with Roquet Paving (now Mike Roquet Construction) to provide street maintenance services for the City of Grand Terrace. The agreement term was for two years with a one year extension allowed. The extension has now expired. DISCUSSION: On August 22, 2016, the City Clerk issued a Notice Inviting Bids for Street Maintenance Services on behalf of the Public Works Department. The Notice Inviting Bids was posted to the City website and sent directly to a bidder's list. By the time of the bid opening on September 21, 2016, three (3) bids were submitted. The companies and their total base bids per unit (square feet, tons or linear feet) are as follows: Bid 1 Hardy and Harper, Inc. - Santa Ana, CA $73,900 Bid 2 Mike Roquet Construction - Highland, CA $114,283 Bid 3 SE Pipeline Construction - Santa Fe Springs, CA $146,368 Hardy and Harper, Inc. was the lowest, responsive bidder. The firm's contractor's license is valid, and all references provided positive feedback. The scope of work for street maintenance includes: minor repairs of asphalt concrete (AC) such as patching, pot hole repair, street striping, and sealing pavement cracks. Street maintenance may also include: sidewalk repair, utility cut repairs, curb painting and curb and gutter maintenance. Contractor will also provide on-call emergency 15 Packet Pg. 236 service for street repairs and set-up of emergency traffic control devices. The Contractor Agreement for this service is for three years with a maximum of two, one-year extensions allowed by Council. Staff is recommending that Council award a Contractor Agreement to Hardy and Harper, Inc. in an amount not to exceed $75,000 annually for Street Maintenance Services, and authorize the City Manager to execute the contract. FISCAL IMPACT: Funds for the Street Maintenance services were budgeted in the FY2016-17 Adopted Budget. ATTACHMENTS: I. Contractor Agreement.pdf (PDF)  II. Bid Summary (PDF) APPROVALS: Yanni Demitri Completed 11/09/2016 3:34 PM Finance Completed 11/09/2016 3:46 PM City Attorney Completed 11/09/2016 4:41 PM City Manager Completed 11/09/2016 4:51 PM City Council Pending 11/15/2016 6:00 PM 15 Packet Pg. 237 D-1 CONTRACT AGREEMENT THIS CONTRACTORS is made and entered into this 15th day of November 2016,by and between the CITY OF GRAND TERRACE a public entity, and Hardy and Harper, Inc., ("Contractor"),a California Corporation. 1.Scope of Services.Contractor shall perform all the services as described as follows: a)For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said City,said Contractor agrees with said City to perform and complete in a workmanlike manner all work required under the Bidding Schedule of the Specification,in accordance with the Specifications and Drawings therefor,to furnish at his own expense all labor,materials,equipment,tools and services necessary therefor,except those materials,equipment,tools and services as may be stipulated in said specification to be furnished by said City and to do everything required by this Agreement and the said Specifications and Drawings. b)The Notice Inviting Bids,Instructions to Bidders,Proposal,Information required of Bidder,Specification,Drawings,Exhibits and all addenda issued by the City with respect to the foregoing prior to the opening of bids,are hereby incorporated in and made a part of this Agreement. c)In entering into a Public Works Contract for a subcontract to supply goods,services or materials pursuant to a Public Works Contract,the Contractor or subcontractor offers and agrees to assign to the 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 (Chapter 2 commencing with Section 16700)of Part 2 of Division 7 of the Business and Professions Code,arising from purchases of goods,services,or materials pursuant to the Public Works Contract or the subcontract.This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the parties. 2.Term.This Agreement shall be effective on the date first written above and the Agreement shall remain in effect for a three (3) year period or until terminated as provided herein.A maximum of two (2) one year extensions may be granted by the City. 3.Compensation/Payment.Contractor shall perform the Services under this Agreement for the total sum not to exceed $75,000.00 annually.Payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed.The invoices shall be delivered to City at the address set forth in Section 4, hereof. 4.Notices.Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail.Any notice given by mail shall be deemed given when deposited in the United States Mail,certified and postage prepaid,addressed to the party to be served as follows: To City To 15.a Packet Pg. 238 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) D-2 City of Grand Terrace 22795 Barton Rd. Bldg.B Grand Terrace, CA 92313 Hardy and Harper, Inc. 1312 E. Warner Avenue Santa Ana, CA 92705 5.Prevailing Wage.If applicable, Contractor and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented the City Council of the City of Grand Terrace.The determination is on file and open to inspection in the office of the City Clerk and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. 6.Contract Administration. A designee of the City will be appointed to administer this Agreement on behalf of City and shall be referred to herein as Contract Administrator. 7.Standard of Performance. While performing the Services, Contractor shall exercise the reasonable care and skill customarily exercised by reputable members of Contractors in the Metropolitan Southern California Area,and shall use reasonable diligence and best judgment while exercising its skill and expertise. 8.Personnel. Contractor shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Contractor recognizes that the qualifications and experience of the personnel to be used are vital to Contractor and timely completion of the Services. 9.Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement,in writing satisfactory to the parties. Contractor shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 13.Contractor acknowledges that any transfer of rights may require City Manager and/or City Council approval. 10.Independent Contractor. In the performance of this Agreement, Contractor and his employees, subcontractors and agents,shall act in an independent capacity as independent contractors, and not as officers or employees of the City or the City of Grand Terrace. Contractor acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or to provide compensation or unemployment insurance to Contractor to Contractors employees, subcontractors and agents. Contractor as an independent contractor shall be responsible for any and all taxes that apply to Contractor as an employer. 11.PERS Eligibility Indemnity. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System to be eligible for enrollment in PERS as an employee of the City,Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer 15.a Packet Pg. 239 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) D-3 contributions for PERS benefits on behalf of Contractor or its employees, agents,or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule,regulation, law or ordinance to the contrary, Contractor and any of its employees, agents,and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation,benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 12 Indemnifications. 12.1 Indemnity. Except as to the sole negligence or willful misconduct of the City, Contractor shall defend, indemnify and hold the City, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage,liability, expense or cost, including fees, which arises out of or is in any way connected with the performance of work under this Agreement by Contractor or any of the Contractor's employees, agents or subcontractors and from all claims by Contractor's employees, subcontractors and agents for compensation for services rendered to in the performance of this Agreement,notwithstanding that the City may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct,whether active or passive, on the part of Contractor or of Contractor's employees, subcontractors or agents. 12.2 Fees.The parties expressly agree that any payment, fees, costs or expense that the City incurs or makes to or on behalf of an injured employee under the self-administered workers' compensation is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement. 13.Insurance. 13.1 General Provisions. Prior to the execution of this Agreement, Contractor shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement,such insurance policies and in the types, limits,forms and ratings required herein. The rating and required insurance policies and may be modified in writing by the Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law. 13.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Contractor indemnification obligations under Section 12 hereof. 13.1.2 Ratings. Any insurance policy or coverage provided by Contractor as required by this Agreement shall be deemed inadequate and a material breach of this Agreement,unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy rating of A- or higher and a Financial Class of VII or higher. 13.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid. 13.1.4 Adequacy.The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by 15.a Packet Pg. 240 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) D-4 Contractor pursuant to this Agreement are adequate to protect.If Contractor believes that any required insurance coverage is inadequate,Contractor will obtain such additional insurance coverage as deems adequate,at Contractor's sole expense. 13.2 Compensation Insurance:By executing this Agreement,certifies that Contractor is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for compensation,or to undertake self-insurance before commencing any of the work. Contractor shall carry the insurance or provide for self-insurance required by California law to protect said Contractor from claims under the Compensation Act.Prior to City's execution of this Agreement,Contractor shall file with City either (1)a certificate of insurance showing that such insurance is in effect,or that Contractor is self- insured for such coverage,or (2)a certified statement that Contractor has no employees, and acknowledging that if Contractor does employ any person,the necessary certificate of insurance will immediately be filed with City.Any certificate filed with City shall provide that City will be given ten (10)days prior written notice before modification or cancellation thereof. 13.3 Commercial General Liability and Automobile Insurance.Prior to City's execution of this Agreement,Contractor shall obtain,and shall thereafter maintain during the term of this Agreement,commercial general liability insurance and automobile liability insurance as required to insure against damages for personal injury,including accidental death,as well as from claims for property damage,which may arise from or which may concern operations by anyone directly or indirectly employed by,connected with,or acting for or on behalf of Contractor.The City and the City,and its officers, employees and agents,shall be named as additional insured under the Contractor insurance policies. 13.3.1 Contractor commercial general liability insurance policy shall cover both bodily injury (including death)and property damage (including,but not limited to, premises operations liability,products-completed operations liability,independent liability,personal injury liability,and contractual liability)in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000. 13.3.2 Contractors automobile liability policy shall cover both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000.All of Contractor automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Contractor performance of this Agreement,which vehicles shall include,but are not limited to,owned vehicles,leased vehicles,Contractor employee vehicles,non-owned vehicles and hired vehicles. 13.3.3 Prior to City's execution of this Agreement,copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement,for both commercial general and automobile liability insurance,shall be filed with City and shall include the City and its officers, employees and agents,as additional insured .Said policies shall be in the usual form of commercial general and automobile liability insurance policies,but shall include the following provisions: It is agreed that the City of Grand Terrace and its officers,employees and agents, are added as additional insures under this policy,solely for work done by and on 15.a Packet Pg. 241 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) D-5 behalf of the named insured for the City of Grand Terrace. 13.4 Insurance.Contractor shall require all of its subcontractors to carry insurance,in an amount sufficient to cover the risk of injury,damage or loss that may be caused by the scope of work and activities provided in furtherance of this Agreement,including,but without limitation, the following Workers Compensation,Commercial General Liability,Errors and Omissions,and Automobile liability.Upon request,Contractor shall provide City with satisfactory evidence that Subcontractors have obtained insurance policies and required by this section. 14.Business Tax.Contractor understands that the Services performed under this Agreement constitutes doing business in the City of Grand Terrace,and Contractor agrees that Contractor will register for and pay a business tax pursuant to Chapter 5.04 of the Grand Terrace Municipal Code and keep such tax certificate current during the term of this Agreement. 15.Time of Essence.Time is of the essence for each and every provision of this Agreement. 16.City's Right to Employ Other.City reserves the right to employ other in connection with the Services. 17.Solicitation.Contractor warrants that they have not employed or retained any person or City to solicit or secure this Agreement,nor has it entered into any agreement or understanding for a commission,percentage,brokerage,or contingent fee to be paid to secure this Agreement. For breach of this warranty,City shall have the right to terminate this Agreement without liability and pay only for the value of work has actually performed,or,in its sole discretion,to deduct from the Agreement price or otherwise recover from Contractor the full amount of such commission,percentage,brokerage or commission fee.The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 18.General Compliance with Laws.Contractor shall keep fully informed of federal,state and local laws and ordinances and regulations which in any manner affect those employed by Professional,or in any way affect the performance of services by Contractor pursuant to this Agreement.Contractor shall at all times observe and comply with all such laws,ordinances and regulations,and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. 19.Amendments.This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Contractor and the City. 20.Termination.City,by notifying Contractor in writing,shall have the right to terminate any or all of professional services and work covered by this Agreement at any time,with or without cause.In the event of such termination,Contractor may submit s final written statement of the amount of Contractor's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete,subject to the rights under Sections 16 and 21 hereof.In ascertaining the work actually rendered through the termination date,City shall consider completed work,work in progress and complete and incomplete reports and other documents only after delivered to City. 15.a Packet Pg. 242 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) D-6 20.1 Other than as stated below,City shall give Contractor thirty (30)days prior written notice prior to termination. 20.2 City may terminate this Agreement upon fifteen (15) days written notice to Contractor,in the event: 20.2.1 Contractor substantially fails to perform or materially breaches the Agreement; or 20.2.2 City decides to abandon or postpone the Services. 21.Offsets.Contractor acknowledges and agrees that with respect to any business tax or penalties thereon,utility charges,invoiced fee or other debt which Contractor owes or may owe to the City,City reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by City to Contractor.Notice of such withholding and offset shall promptly be given to by City in writing.In the event of a dispute as to the amount owed or whether such amount is owed to the City,City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 22.Successors and Assigns.This Agreement shall be binding upon City and its successors and assigns,and upon Contractor and its permitted successors and assigns,and shall not be assigned by,Contractor either in whole or in part,except as otherwise provided in paragraph 9 of this Agreement. 23.Governing Law,Venue,Dispute Resolution and Attorneys'Fees.This Agreement shall be governed by and construed in accordance with laws of the State of California.Prior to commencing suit in a court of competent jurisdiction,any controversy,dispute or claim arising out of the Agreement shall first be submitted to an alternative dispute resolution process as set forth in Section 24 herein.Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino,State of California,and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement,it is mutually agreed that the prevailing party in such action shall recover all costs thereof,including reasonable attorneys'fees,to be set by the court in such action. 24.Alternative Dispute Resolution.In the event of any controversy,dispute or claim arising out of or relating to this Agreement,the parties hereto shall consult and negotiate with each other and,recognizing their mutual interest,attempt to reach a solution satisfactory to both parties. If they do not reach settlement within a period of 60 days,the matter shall be submitted to an alternative dispute resolution process,either nonbinding arbitration or mediation, by written notice from either party to the other.The parties shall meet and confer in good faith and select a Process and an arbitrator or a mediator that is agreeable to both sides.The selected Process shall be completed no later than 120 days after tender of the aforementioned written notice,unless the Parties mutually agree to an extension of the Process Period.If the matter is not successfully resolved by the selected Process,within the Process Period,the parties are free to commence litigation in a court of competent jurisdiction as defined in Section 23 herein. Any litigation commenced without both consent prior to the end of the Process Period, shall be subject to a stay until the end of the Process Period.The Parties further agree to equally bear the cost of the Process. 15.a Packet Pg. 243 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) D-7 25.Nondiscrimination.During Contractor performance of this Agreement,Contractor shall not discriminate on the grounds of race,religious creed,color,national origin,ancestry,age, physical disability,mental disability,medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS)or any condition related thereto,marital status, sex,or sexual orientation,in the selection and retention of employees and subcontractors and the procurement of materials and equipment,except as provided in Section 12940 of the California Government Code.Further,Contractor agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 26.Severability.Each provision,term,condition,covenant and/or restriction,in whole and in part,of this Agreement shall be considered severable.In the event any provision,term, condition,covenant and/or restriction,in whole and/or in part,of this Agreement is declared invalid,unconstitutional,or void for any reason,such provision or part thereof shall be severed from this Agreement and shall not affect any other provision,term,condition,covenant and/or restriction of this Agreement,and the remainder of the Agreement shall continue in full force and effect. 27.Authority:The individuals executing this Agreement and the instruments referenced herein on behalf of Contractor each represent and warrant that they have the legal power,right and actual authority to bind Contractor to the terms and conditions hereof and thereof. 28.Entire Agreement:This Agreement constitutes the final,complete,and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement,and supersedes all prior and contemporaneous understandings or agreements of the parties.Neither party has been induced to enter into this Agreement by,nor is neither party relying on,any representation or warranty outside those expressly set forth in this Agreement. 29.Interpretation.City and Contractor acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly,the rule of construction,which provides that the ambiguities in a document shall be construed against the drafter of that document,shall have no application to the interpretation and enforcement of this Agreement. 29.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms.References to section numbers are to sections in the Agreement unless expressly stated otherwise. 29.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. 15.a Packet Pg. 244 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) D-8 IN WITNESS WHEREOF City and Contractor have caused this Agreement to be duly executed the day and year first above written. THE CITY OF GRAND TERRACE, A public body By:_ G. Harold Duffey City Manager Attest: Pat Jacques-Nares City Clerk APPROVED AS TO FORM: Richard L.Adams II City Attorney CONTRACTOR By:_ [Printed Name] 15.a Packet Pg. 245 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) 15.a Packet Pg. 246 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) 15.a Packet Pg. 247 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) 15.a Packet Pg. 248 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) 15.a Packet Pg. 249 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) 15.a Packet Pg. 250 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) 15.a Packet Pg. 251 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) 15.a Packet Pg. 252 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) 15.a Packet Pg. 253 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) 15.a Packet Pg. 254 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) 15.a Packet Pg. 255 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) 15.a Packet Pg. 256 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) 15.a Packet Pg. 257 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) 15.a Packet Pg. 258 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) 15.a Packet Pg. 259 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) 15.a Packet Pg. 260 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) 15.a Packet Pg. 261 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) 15.a Packet Pg. 262 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) 15.a Packet Pg. 263 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) 15.a Packet Pg. 264 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) 15.a Packet Pg. 265 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) 15.a Packet Pg. 266 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-1 GENERAL PROVISIONS SECTION 1 -DEFINITIONS AND ABBREVIATIONS 1.01 CITY The word "City" shall mean the City of Grand Terrace named in the Contract Documents. 1.02 ENGINEER The word "Engineer" shall mean the Director of Public Works or individual authorized by the City to oversee the execution of this Contract, acting either directly or through properly authorized agents, each agent acting only within the scope of authority delegated to him by the Engineer. 1.03 CONTRACTOR The word "Contractor" shall mean the party entering into Contract with the City for performance of the work called for in these specifications and shown on the drawings, including the Contractor's authorized agents. 1.04 SUBCONTRACTOR The word "Subcontractor" shall mean any person, firm, or corporation entering into agreement with the Contractor for performance at the site of the work, of any part of the Contractor's obligation under the Contract. The Contractor, shall in his bid offer, set forth: (a)The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime Contractor's total bid. (b)The portion of the work which will be done by each such subcontractor under this contract shall be listed individually. The prime Contractor shall list only one subcontractor for each such portion as is defined by the prime Contractor in his bid. 15.a Packet Pg. 267 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-2 1.05 CONTRACT The word "Contract" shall mean the Contract Documents and shall include the written Agreement entered into by the City and the Contractor for the performance of work described in the specifications and shown on the Drawings, together with the Notice Inviting Bids, the Instruction to Bidders, the Proposal, the Information Required of Bidder, the Specifications, the Drawings, all addenda issued by the City with respect to the foregoing prior to the opening of bids, and all change orders issued by the City and signed by the Contractor pertaining to the Contract after the Contract is awarded. 1.06 SPECIFICATIONS The word "Specifications" shall mean the General Conditions of the Contract and the Special Provisions of the Contract, together with all addenda and change orders issued with respect thereto. STANDARD SPECIFICATIONS. The work embraced herein shall be done in accordance with the provisions of the Standard Specifications for Public Works Construction, 2009 Edition, commonly known as the "Greenbook", produced by Public Works Standards, Inc. and published by BNI Publications Inc., insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and as modified herein. 1.07 DRAWINGS The words "Drawings" or "Contract Drawings" shall mean those drawings accompanying the Specifications which show the location, nature, extent and form of the work together with applicable details. 1.08 COUNCIL The City Council of the City of Grand Terrace. 1.09 ENGINEERS ESTIMATE The lists of estimated quantities of work to be performed as contained in the Contract Documents. 1.10 INSPECTOR The representative of the Engineer or Director of Public Works who is assigned to inspect conformance of the work in accordance with plans and specifications. 1.11 OVERLAY A supplemental surface course placed on an existing pavement to improve its surface 15.a Packet Pg. 268 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-3 conformation or increase its strength. 1.12 ROADBED That portion of the street included between the outside lines of curbs or paving. 1.13 STANDARD PLANS Standard Detail Drawings of the County of Riverside/San Bernardino and the State Department of Transportation. 1.14 SURFACE COURSE The top layer of pavement (exclusive of open graded A.C.), designed to provide structural values and a surface resistant to traffic abrasion. 1.15 TRAVELED WAY That portion of the roadway reserved for the movement of vehicles for the general public, exclusive of shoulders and auxiliary lanes. Where traffic has been diverted or restricted to certain lanes, with the approval of the City Engineer, these diversions or restricted lanes become the traveled way. 1.16 RIGHT-OF-WAY Includes City of Grand Terrace Public Right-of-Way and City of Grand Terrace Public Easements. 15.a Packet Pg. 269 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-4 SECTION 2 -SPECIFICATIONS, DRAWINGS AND RELATED DATA 2.01 INTENT OF SPECIFICATIONS AND DRAWINGS The intent of the Specifications and Drawings is that the Contractor furnish all plans, labor, materials, equipment and services, except as may be specifically noted otherwise, which are required or necessary to fully complete the work. 2.02 SPECIFICATIONS AND DRAWINGS COMPLEMENTARY The Specifications and Drawings are complementary to each other. 2.03 DISCREPANCIES IN SPECIFICATIONS AND DRAWINGS Any discrepancies, errors, or omissions found in the Specifications or Drawings shall be promptly reported to the Engineer who will issue a correction in writing. The Contractor shall not take advantage of any such discrepancies, errors, or omissions, but shall comply with any corrective measures regarding the same prescribed by the Engineer. 2.04 CONFLICTS BETWEEN SPECIFICATIONS AND DRAWINGS In case of conflict between the Specifications and the Drawings, the Specifications shall govern over the Drawings. In cases of conflict between the General Conditions and Special Provisions of the Specifications, the Special Provisions shall govern over the General Conditions. 2.05 SHOP DRAWINGS (a) Wherever called for in these Specifications or on the Drawings, or where required by the Engineer, the Contractor shall furnish to the Engineer for review, 7 prints of each shop drawing. The term "Shop Drawing" as used herein shall be understood to include detail design, calculations, fabrication and installation drawings, lists, graphs, operating instructions, etc. Unless otherwise required, said drawings shall be submitted at a time sufficiently early to allow review of same by the Engineer, and to accommodate the rate of construction progress required under the Contract. (b)All shop drawing submittals shall be accompanied by a letter of transmittal identifying Contractor, fabricator and subcontractor. The Contractor may authorize a material or equipment supplier to deal directly with the Engineer with regard to shop drawings, however, ultimate responsibility for the accuracy and completeness of the information contained in the submittal shall remain with the Contractor. (c) Normally, a separate transmittal shall be used for each specific item or class of material or equipment for which a submittal is required. Transmittal of shop 15.a Packet Pg. 270 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-5 drawings on various items using a single transmittal, will be permitted only when the item taken together constitute a manufacturer's "package" or are so functionally related that expediency indicates review of the group or package as a whole. (d) Within 15 calendar days after receipt of said prints, the Engineer will return prints of each drawing to the Contractor with his comments noted thereon. It is considered reasonable that the Contractor shall make a complete and acceptable submittal to the Engineer by the second submission of drawings. The Owner reserves the right to withhold monies due the Contractor to cover additional costs of the Engineer's review beyond the second transmission. (e) If 3 prints of the drawing are returned to the Contractor marked "NO EXCEPTIONS TAKEN", formal revision of said drawing will not be required. (f)If 3 prints of the drawing are returned to the Contractor marked "MAKE CORRECTIONS NOTED", formal revision of said drawing will not be required. (g) If one print of the drawing is returned to the Contractor marked "AMEND -RESUBMIT", the Contractor shall revise said drawing and shall resubmit 7 copies of said revised drawing to the Engineer. (h)If one print of the drawing is returned to the Contractor marked "REJECTED -RESUBMIT", the Contractor shall revise said drawing and shall resubmit 7 copies of said revised drawing to the Engineer. (I) Fabrication of an item shall not be commenced before the Engineer has reviewed the pertinent shop drawings and returned copies to the Contractor marked either "NO EXCEPTIONS TAKEN", "MAKE CORRECTIONS NOTED" or "AMEND -RESUBMIT". Revisions indicated on shop drawings shall be considered as changes necessary to meet the requirements of the Contract Drawings and Specifications and shall not be taken as the basis of claims for extra work. The Contractor shall have no claim for damages or extension of time due to any delay resulting from the Contractor's having to make the required revisions to shop drawings (unless review by the Owner or said drawings is delayed beyond a reasonable period of time and unless the Contractor can establish that the Owner's delay in review actually resulted in a delay in the Contractor's construction schedule). The review of said drawings by the Owner will be limited to checking for general agreement with the Specifications and Drawings, and shall in no way relieve the Contractor of responsibility for errors or omissions contained therein nor shall such review operate to waive or modify any provision contained in the Specifications or Contractor drawings. Fabricating dimensions, quantities of material, applicable code requirements, and other Contract requirements shall be the Contractor's responsibility. 2.06 REFERENCE TO STANDARDS OR PUBLICATIONS 15.a Packet Pg. 271 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-6 Any reference made in the Specifications or Drawings to any specifications, standard, or publication of any organization shall, in the absence of a specific designation to the contrary, be understood to refer to the latest edition of the specification, standard, or publication in effect as of date of advertising the work. 2.07 REFERENCE TO PROPRIETARY PRODUCTS Where references to proprietary products appear in the Specifications or Drawings, it is for the purpose of establishing an acceptable standard of equality or design. Unless a substitute is expressly prohibited, the Contractor may request approval of a substitute for any such proprietary product. Such request must be in writing and must include descriptive literature, specifications, test reports, or samples, as appropriate, to enable the Engineer to determine the acceptability of the product proposed for substitution. No substitute product shall be used on the work until written approval has been received from the Engineer. 2.08 SPECIFICATION AND DRAWINGS FURNISHED TO THE CONTRACTOR The Owner shall furnish the Contractor 5 sets of Specifications, together with reduced drawings (if any) and 5 sets of full-scale Drawings. Additional quantities of Specifications and Drawings will be furnished at reproduction cost. 15.a Packet Pg. 272 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-7 SECTION 3 -ENGINEER-CONTRACTOR RELATIONS 3.01 ENGINEER'S AUTHORITY (a) The Engineer will decide all questions which may arise as to the quality and acceptability of materials and equipment furnished, work performed, rate of progress of the work, interpretation of the Specifications and Drawings, and all questions as to the acceptable fulfillment of the Contract by the Contractor. (b) Any difference which may arise between the Contractor and any other contractors also under the surveillance of the Engineer will be arbitrated by the Engineer; however, the Engineer will not arbitrate disputes between the Contractor and his subcontractors. 3.02 ARBITRATION Any controversy or claim arising out of or relating to this Contract which cannot be resolved by mutual agreement shall be settled by arbitration in accordance with the rules of the American Arbitration Association. 3.03 RIGHT-OF-WAY (a) Lands or right-of-ways for the work to be constructed under the Contract will be provided by the Owner as shown on the Drawings. Nothing contained in the Specifications or Drawings shall be interpreted as giving the Contractor exclusive occupancy of the lands or right-of-ways provided. Any additional lands or right-of-ways required for construction operations shall be provided by the Contractor at his own expense. (b) Except as may otherwise be provided, the Contractor shall secure, from the agencies having jurisdiction, the necessary permits to create obstructions, to make excavations if required under the Contract, and to otherwise encroach upon right-of-ways, and present evidence to the owner that such permission has been granted, before work is commenced. Regulations and requirements of all agencies concerned shall be strictly adhered to in the performance of this Contract, including the furnishing of insurance and bonds if required by such agencies. The enforcement of such requirements under this Contract shall not be made the basis for claims for additional compensation. (c) The Contractor shall not do any work that would affect any oil, gas, sewer, or water pipeline, any telephone, telegraph, or electric transmission line, fence, or any other structure, nor enter upon the right-of-ways involved until notified that the Owner has secured authority therefore from the proper party. After authority has been obtained, the Contractor shall give said party due notice of his intention to begin work, and shall give said party convenient access and every facility for removing, shoring, supporting, or otherwise protecting such pipeline, 15.a Packet Pg. 273 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-8 transmission line, ditch, fence, or structure, and for replacing same. The Contractor shall not be entitled to any extension of time or extra compensation on account of any postponement, interference, or delay caused by any such pipeline, transmission line, fence, or structure being on the line of the work except as provided in Section 3.04. 3.04 CONSTRUCTION INTERFERENCES (a) As used in this section, the word "Utility" shall be understood to include tracks, overhead or underground wires, cables, pipelines,conduits, ducts, sewers or storm drains. As used in this Section, the term "Service Connection" shall be understood to mean all or any portion of a pipeline (including sewer house laterals), conduit, wire, cable or duct, including meter, between a utility distribution line and an individual customer, or customers when served by a single service connection. As used in this Section, the term "Construction Interference" shall be understood to include any utility or service connection within the limits of excavation or over excavation required for the work under the Contract as shown or as ordered by the Engineer, or any utility or service connection located in the space which will be required by any of the work under this Contract. (b) In the event any utility or service connection is required to be disturbed or removed to permit construction of a pipeline or other structure under the Contract, such disturbance or removal shall be done only with the approval of the Engineer and following notification to the Owner of the interfering utility or service connection. Any such utility or service connection removed or otherwise disturbed shall be reconstructed as promptly as possible in its original or other authorized location in a condition at least as good as prior to such removal or disturbance, subject to the inspection of the owner of same. The Contractor's responsibility under this Section to remove or replace shall apply even in the event such damage or destruction occurs after backfilling. The Owner of the utility or service connection shall be notified immediately after damage or destruction occurs or is discovered. (c) During the performance of the work under this Contract, the Owner of any utility affected by the work shall have the right to enter when necessary upon any portion of the work for the purpose of maintaining service and of making changes in or repairs to said utility. (d) The Drawings show the approximate positions of known utilities in the immediate vicinity of the work, but the City does not guarantee that all existing utilities are shown. Service connections normally are not shown on the Drawings. The Contractor, before commencing any excavation, shall ascertain from records or otherwise, the existence, horizontal and vertical position, and ownership of all existing utilities and service connections. If the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall immediately notify the Engineer of the existence of same.The City will 15.a Packet Pg. 274 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-9 not be liable for any consequences arising as a result of a service connection being incorrectly located in the field by the agency having jurisdiction over said service connection. "--Notwithstanding any provisions to the contrary contained in Section 4215 of the California Government Code, the provisions of which are hereby waived by the Contractor." (e) All costs involved in removing, relocating, protecting supporting, repairing, maintaining or replacing a main trunkline or utility facility which actually constitutes a construction interference, when said utility is not shown with reasonable accuracy as an interference or is omitted from the Drawings, will be paid for by the Owner as extra work. In such case, the Owner will also compensate the Contractor for equipment on the project necessarily idled during and by reason of such work. The Owner's obligation to repair damage to such a facility and to compensate the Contractor for idled equipment shall not extend to damage resulting from the failure of the Contractor to use reasonable care. (f) All costs involved in removing, relocating, protecting, supporting, repairing, maintaining or replacing any utility or service connection other than those described in Subsection (e) herein shall be borne by the Contractor. (g) The Contractor shall not be assessed liquidated damages for failure to complete the work on time to the extent that such delay was caused by failure of connection to authorize or otherwise provide for its removal, relocation, protection, support, repair, maintenance and replacement. (h) The City reserves the right, upon the determination of the actual position of existing utilities, and service connections, to make changes in alignment or grade of the Owner's pipelines when, by so doing, the necessity for relocation of existing utilities or services connections will be avoided. Such changes will be ordered in writing by the Engineer. Where applicable, adjustment in the Contract price will be on the basis of the unit prices stated in the Bidding Schedule. Where unit prices in the Bidding Schedule are not applicable, adjustment in Contract price will be in accordance with Section 5.02. 3.05 LINES AND GRADES (a) Lines and Grades shall be provided by the Owner to the extent specified in Special Provisions. (b) The Contractor shall preserve all bench marks, stakes, and other survey marks, and in case of their removal or destruction by his employees, he shall be liable for the cost of their replacement. 3.06 LEGAL ADDRESS OF CONTRACTOR 15.a Packet Pg. 275 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-10 The address given in the form entitled "INFORMATION REQUIRED OF BIDDER" is hereby designated as the place to which all notices, letters, and other communications to the Contractor will be mailed or delivered. The mailing or delivering to said address of any notice, letter, or other communication shall be deemed sufficient service thereof upon the Contractor. The date of such service shall be the date of such mailing or delivery. Said address may be changed at any time by written notice signed by the Contractor and delivered to the Engineer. 3.07 CONTRACTOR'S SUPERINTENDENCE A qualified superintendent, acceptable to the Engineer, shall superintend the work and shall provide competent supervision of the work until its completion. The superintendent shall have full authority to act in behalf of the Contractor, and all directions given by the Engineer to the superintendent shall be considered given to the Contractor. If the superintendent is not present on a part of the work where the Engineer desires to give instructions, such instructions may be given by the Engineer to the foreman in charge of the particular work to which the instructions apply. Such instructions given to a foreman likewise shall be considered given to the Contractor. Such instructions given by the Engineer to the superintendent or to a foreman, when they concern items of substantial importance, will be confirmed in writing. All instructions within the Engineer's authority as specified in Section 3.01. All as provided for in this Subsection of the Standard Specifications except the Contractor shall submit a phone number or numbers where he or his representative may be contacted 24 hours a day, 7 days a week in the event of an emergency. 3.08 PROTESTS If the Contractor considered any work demanded of him to be outside the requirements of the Contract, or if he considers any order, instruction, or decision of the Engineer or of any inspector to be unfair, he shall, immediately upon receipt of such order, instruction, or decision, ask for a written confirmation of the same, whereupon he shall proceed without delay to perform the work or to conform to the order, instruction, or decision satisfactory; but, unless the Contractor finds such order, instruction, or decision satisfactory, he shall within 10 days after receipt of same, file a written protest with the Engineer, stating clearly and in detail his objections and the reasons therefore. Except for such protests or objections as are made of record in the manner specified and within the time stated herein, the Contractor hereby waives all round for protests or objections to the orders, instructions, or decisions of the Engineer and hereby agrees that, as to all matters not included in such protest, the orders, instructions and decisions of the Engineer and hereby agrees that, as to all matters not included in such protest, the orders, instructions and decisions of the Engineer will be limited to matters properly falling within the Engineer's authority as specified in Section 3.01. 3.09 INSPECTION AND TESTING (a) All materials furnished and all work performed under the Contract shall be subject to inspection by the Engineer. The Contractor shall be held strictly to the true intent of the Specifications and Drawings in regard to quality to materials, 15.a Packet Pg. 276 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-11 workmanship, and diligent execution of the Contract. Such inspection may include mill, plant, shop or field inspection as required. The Engineer shall be permitted access to all parts of the work, including plants where materials or equipment are manufactured or fabricated, and he shall be furnished with such materials, information and assistance by the Contractor and his subcontractors and suppliers as is required to make a complete and detailed inspection. (b) Work done in the absence of prescribed inspection may be required to be removed and replaced under the proper inspection, and the entire cost of removal and replacement, including the cost of all materials shall be borne by the Contractor, regardless of whether the work removed is found to be defective or not. Work covered up without the authority of the Engineer, shall, upon the order of the Engineer be uncovered to the extent required, and the Contractor shall similarly bear the entire cost of performing all the work and furnishing all the materials necessary for the removal of the covering and its subsequent replacement, as directed and approved by the Engineer. (c) Except as otherwise provided herein, the cost of inspection will be paid by the Owner. All inspection fees imposed by agencies other than the Owner shall be paid by the Contractor. (d) The Engineer will make, or have made, such tests as he deems necessary to insure that the work is being accomplished in accordance with the requirements of the Contract. Unless otherwise specified in the Special Conditions, the cost of such testing will be borne by the Owner. In the event such tests reveal non-compliance with the requirements of the Contract, the Contractor shall bear the cost of such corrective measures deemed necessary by the Engineer, as well as the cost of subsequent retesting. 3.10 ASSIGNMENT FORBIDDEN (a) The Contractor shall not assign, sublet, sell, transfer, or otherwise dispose of the Contract or any portion thereof, or his right, title, or interest therein, or his obligations thereunder, without the written consent of the Owner. (b) If the Contractor violates the provisions of Subsection 3.10 (a), the Contract may be terminated at the option of the Owner. In such event, the Owner shall be relieved of all liability and obligations to the Contractor, and to his assignee or transferee, growing out of such termination. 3.11 SUBCONTRACTS (a) In the Owner's discretion, subcontracts may be permitted to such extent as shall be shown to be necessary or advantageous to the Contractor in the prosecution of the work and without injury to the Owner's interests. The resubletting of the work by a subcontractor shall be subject to the same 15.a Packet Pg. 277 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-12 limitations as an original subletting. Each subcontractor shall be properly licensed for the type of work which he is to perform. (b) A copy of each subcontract, if in writing (or if not in writing, then a written statement signed by the Contractor giving the name of the Subcontractor and the terms and conditions of each subcontract), shall be filed promptly upon the Owner's request. Each subcontract shall contain a reference to the Agreement between the Owner and the Contractor, and the terms of that Agreement covered thereby. Each subcontract shall provide for annulment of the same by the Contractor upon written order of the Engineer, if, in the Owner's opinion, the Subcontractor fails to comply with the requirements of the prime Contract insofar as the same may be applicable to this work. (c) The Contractor shall be responsible to the Owner for the acts and omissions of his subcontractor and their employees to the same extent as he is responsible for the acts and omissions of his own employees. Nothing contained in this Section shall create any contractual relationship between any subcontractor and the Owner or relieve the Contractor of any liability or obligation under the prime Contract. 3.12 SUSPENSION OF WORK (a) The Owner may, by written notice to the Contractor, suspend the work, in whole or in part, for such period or periods as he may deem necessary, due to unsuitable weather, delay in delivery of Owner-furnished equipment or materials, or such other conditions as are considered unfavorable for prosecution of the work, or failure on the part of the Contractor to carry out the provisions of the Contract or to provide materials or workmanship meeting the requirements of the Specifications. Suspended work shall be resumed by the Contractor within 10 days of receipt from the Owner of written notice to proceed. (b) The Contractor shall have no claim for damages alleged to have been suffered by reason of any suspension of the work without termination of the Contract, and he shall receive no additional compensation because of any such suspension. 3.13 TERMINATION OF CONTRACT BY OWNER (CONTRACTOR NOT AT FAULT) The Owner may terminate the Contract upon 10 days written notice to the Contractor, if it is found that reasons beyond the control of either the Owner of Contractor make it impossible or against the Owner's interests to complete the work. In such a case, the Contractor shall have no claims against the Owner except (1) for the value of work performed up to the date the Contract is terminated, and (2) for the cost of materials and equipment on hand, in transit or 15.a Packet Pg. 278 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-16 on definite commitment, as of the date the Contract is terminated, which would be needed in the work and which meet the requirements of the Specifications. The value of the work performed and the cost of the materials and equipment delivered to the site, as mentioned above, shall be determined by the Engineer in accordance with the procedure prescribed for the making of the final estimate and payment as described in Section 5.08. 3.14 TERMINATION OF CONTRACT BY OWNER (CONTRACTOR AT FAULT) (a) The Owner may terminate the Contract upon 10 days written notice to the Contractor in the event of any default by the Contractor. It shall be considered a default by the Contractor whenever he shall (1) declare bankruptcy, become insolvent, or assign his assets for the benefit of his creditors; (2) disregard or violate important provisions of the Contract documents or Engineer's instructions, or fail to prosecute the work according to the approved progress schedule; or (3) fail to provide a qualified superintendent, competent workmen, or subcontractors, or materials or equipment meeting the requirements of the Specifications and Drawings. (b) In the event the Contract is terminated in accordance with Subsection 3.14(a), the Owner may take possession of the work and of all materials, tools, equipment, and property of the Contractor, which have been provided in connection with the work, and may complete the work by whatever method or means he may select. The cost of completing the work shall be deducted from the Contract balance and the work completed in accordance with the Drawings and Specifications. If such cost exceeds the balance which would have been due, the Contractor shall pay the excess amount to the Owner. If such cost is less than the balance which could have been due, the Contractor shall have no claim to the difference except to such extent as may be necessary, in the opinion of the Engineer, to reimburse the Contractor or the Contractors sureties for any expense properly incurred for materials, tools, equipment, property, and labor, devoted to the prosecution of the work, of which the Owner shall have received the benefit. In computing such expenses, as it relates to equipment and property, the salvage value at completion of the work shall be deducted from the depreciated value at the time the Contract was terminated, and the difference shall be considered as an expense. 3.15 TERMINATION OF CONTRACT BY CONTRACTOR The Contractor may terminate the Contract upon 10 days written notice to the Owner, whenever (1) the entire work has been suspended in accordance with Section 3.12, for 60 consecutive calendar days through no fault or negligence of the Contractor, and notice to resume work or to terminate the Contract has not been received from the Owner within this time period; or (2) the Owner should fail to pay the Contractor any substantial sums due him in accordance with the terms of the Contract and within the time limits prescribed. In the event of such termination, the 15.a Packet Pg. 279 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-17 Contractor shall have no claim against the Owner except for those claims specifically enumerated in Section 3.13. 3.16 FAILURE TO COMPLY If the Contractor should refuse or neglect to comply with the provisions of the Contract or the orders of the Owner, the Owner may have such provisions or orders carried out by others at the expense of the Contractor. 3.17 CONTRACT TIME OF COMPLETION The Contractor shall complete the construction of the work to the satisfaction of the Owner, in accordance with the Standard Specifications and the Special Conditions. A "Notice to Proceed" will be issued by the Owner, the date of which shall commence the Contract time. The allotted time for this project is as follows: All work shall be performed on a Friday and Saturday, if more than one day is needed, from 7:30am 6:00pm. SECTION 4 -MATERIALS AND WORKMANSHIP 4.01 SAFEGUARDING OF EQUIPMENT, MATERIALS AND WORK The Contractor shall properly safeguard all equipment, materials, and work against loss, damage, malicious mischief, or tampering by unauthorized persons until acceptance of the work by the City. Locked and covered storage or continuous surveillance by a watchman shall be provided if required to accomplish this purpose. 4.02 NEW MATERIALS AND EQUIPMENT Unless otherwise specified, shown, or permitted by the Engineer, all materials and equipment incorporated in the work shall be new and current manufacture. The Engineer may request the Contractor to furnish manufacturer's certificates to this effect. 4.03 CONTRACTOR'S UTILITIES The Contractor shall provide his own water, telephone, and all electric power required in performance of the work under the Contract, and shall pay all installation charges and monthly bills in connection therewith. 4.04 TITLE TO MATERIALS FOUND ON THE WORK The City reserves the right to retain title to all soils, stone, sand, gravel, and other materials developed and obtained from the excavation and from other operations connected with the 15.a Packet Pg. 280 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-18 work. Unless otherwise specified in the Special Provisions,neither the Contractor nor any subcontractor shall have any right, title, or interest in or to any such materials. The Contractor will be permitted to use in the work, without charges, any such materials which meet the requirements of the Special Provisions and Drawings. 4.05 DEFECTIVE EQUIPMENT, MATERIALS OR WORK (a) Inspection of the work shall not relieve the Contractor of any of his obligations under the Contract. Even though equipment, materials or work required to be provided under the Contract have been inspected, accepted and estimated for payment, the Contractor shall, at his own expense, replace or repair any such equipment, materials, or work found to be defective or otherwise not in compliance with the requirements of the Contract up to the end of the maintenance and guarantee period. (b) Any equipment or materials brought upon the job site by the Contractor and subsequently rejected by the Engineer as not complying with the requirements of the Contract shall be removed immediately by the Contractor to a satisfactory distance from the job site. (c) If the Contractor shall fail to repair or replace unsatisfactory equipment, materials, or work, or to remove unsatisfactory equipment or materials from the job site, within 10 calendar days after being ordered to do so by the Engineer, the Engineer, acting on behalf of the City, may make the ordered repairs or remove the condemned equipment or materials and the City will deduct the cost thereof from any monies due or to become due the Contractor. 4.06 SOUND CONTROL REQUIREMENTS 4.07 RUBBISH CONTROL During the progress of the work, the Contractor shall keep the site of the work and other areas used by him in a neat and clean condition, and free from any accumulation of rubbish. 4.08 DUST CONTROL The Contractor shall at all times conduct his work so as to avoid unnecessary dust. He shall provide adequate equipment and water as determined by the Engineer to be necessary for accomplishment of this objective. 4.09 CHARACTER OF WORKMEN None but skilled workmen shall be employed on work requiring special qualifications. When required in writing by the Engineer, the Contractor or any subcontractor shall discharge any person who is, in the opinion of the Engineer, incompetent, disorderly, or otherwise unsatisfactory, and shall not again employ such discharged person on the work except with the 15.a Packet Pg. 281 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-19 consent of the Engineer. Such discharge shall not be the basis of any claim for damages against the City or any of his agents. 15.a Packet Pg. 282 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-17 SECTION 5 -PROGRESS AND PAYMENT 5.01 BREAKDOWN OF CONTRACT PRICE Prior to commencement of the work, if requested by the Engineer, the Contractor shall submit a detailed price breakdown of any or all of his bid items for the work. Such price breakdown shall include quantities, unit prices, and any other information required, in sufficient detail, to enable it to be used by the Engineer in preparing the monthly progress estimates. The Contractor shall use the price breakdown form bound with Specifications if one is included. 5.02 CHANGE ORDERS (a)The City may, as the need arises, order changes in the work through additions, deletions, or modifications, without invalidating the Contract. Such changes will be effected through written change orders delivered to the Contractor, describing the change required in the work, together with any adjustment in Contract price or time of completion as hereinafter provided. No such change shall constitute the basis of claims for damage or anticipated profits; however, the City will make reasonable allowance for the value of any work materials or equipment furnished and subsequently rendered useless because of such change. Any adjustment in Contract price resulting from a change order will be considered in computing subsequent monthly payments due the Contractor. Any work performed in accordance with a change order shall be subject to all provisions of the original Contract, and the Contractor's sureties shall be bound thereby to the same degree as under the original Contract. (b)No labor cost for move in and out of minimum charges, other than the hourly rate, shall be allowed for persons available from the force already on the job site. Only the foremen directly supervising the job shall be included in the labor charges. Labor rates for delays will be the actual costs. Labor rates for extra work will be taken from the rates published periodically by the California Department of Transportation. Equipment rental rates for delays and for extra work will be taken from the rates published periodically by the California Department of Transportation. Move in and out or minimum charges other than the hourly rate, shall not apply to equipment available from the force already on the job site. Right-of-way delay factors shown on the Equipment Rental Rates do not apply. Copies of the prevailing Equipment Rental Rates are available from the: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 1900 ROYAL OAKS DRIVE SACRAMENTO, CALIFORNIA 95819 15.a Packet Pg. 283 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-18 (c)Any adjustment in Contract price shall be based on unit price bid on the work, where such bid items are applicable. (d)If the original bid prices are not applicable, the adjustment in Contract price shall be based on a lump sum or unit price agreed upon by the City and the Contractor prior to executing the change order. (e)If the original bid prices are not applicable and the City and Contractor are unable to agree upon a lump sum or unit price prior to executing the change order, the adjustment in Contract price shall be made on a cost-plus basis. In such an event, the following items will be included as the direct costs: Materials and supplies Labor (including foremen's wages) Workmen's Compensation Insurance Unemployment insurance contributions paid to the State Social Security Taxes paid to the Federal Government Labor union health and welfare, pension, vacation-holiday, and apprenticeship fund contributions Reasonable value for use of equipment for actual time of use In addition to the direct costs enumerated above, the City will pay to the Contractor for said extra work a percentage of said direct costs to compensate for the following profit and overhead items: Profit General expenses All insurance except Workmen's Compensation Insurance Excise taxes Property taxes License and inspection fees Bond premiums All other items of expense not specifically enumerated above Said percentage will be 15 percent of said direct costs provided the Contractor actually performs said extra work himself. In the event said extra work is performed by a Subcontractor, the percentage paid to the Contractor will be 20 percent of said Subcontractor's direct costs. Said percent will include allowance for profit and overhead costs for both the Contractor and Subcontractor. In the event said extra work is performed through more than one Subcontractor in succession, said percentage will not exceed 25 percent. (f)When work is being performed on a cost-plus basis, the Contractor shall submit written reports as directed by the City, showing all items of direct cost, as defined in Subsection 5.02 (e), which enter into the work. If required by the City, the Contractor shall furnish books, vouchers, invoices, and other records to substantiate the direct cost items listed in said reports. 15.a Packet Pg. 284 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-19 5.03 OVERTIME Except as otherwise provided in this Section, the Contractor shall receive no additional compensation for overtime work even though such overtime work may be required under emergency conditions and may be ordered by the Engineer in writing. Additional compensation will be paid the Contractor for overtime work only in the event extra work is ordered by the Engineer and the change order specifically authorizes the use of overtime work, and then only to such extent as overtime wages are regularly being paid by the Contractor for overtime work of a similar nature in the same locality. 5.04 EXTENSION OF TIME (a)The Contractor may be entitled to an extension of Contract time (1) if the work has been suspended by the City, in whole or in part; or (2) Where weather or other circumstances occur which delay progress and which are clearly beyond the control of the Contractor; provided that, in either case, the Contractor is not at fault and is not negligent under the terms of the Contract. The extension of time allowed shall be as determined by the City. (b)To receive consideration, a request for extension of time must be made in writing to the City stating the reason for said request, and such request must be received by the City within 10 days following the end of the delay-causing condition. 5.05 LIQUIDATED DAMAGES (a)The Contractor shall pay to the City the amount of two hundred and fifty dollars per day, not as a penalty but as liquidated damages, if he fails to complete the work within the time agreed upon. The period for which said damages shall be paid shall be the number of calendar days from the date of termination of any extension of time approved by the City. The City may deduct the amount of said damages from any monies due or to become due the Contractor. (b)The said amount is fixed and agreed upon by and between the Contractor and the City because of the impracticability and extreme difficulty fixing and ascertaining the actual damages the City would sustain; and said amount is agreed to be the amount of damages which the City would sustain. (c)The Contractor will not be assessed liquidated damages for delay in completion of the project, which such a delay was caused by the failure of the City or the Owner of a utility to provide for removal or relocation of an existing unknown utility facility. 5.06 PROGRESS SCHEDULES 15.a Packet Pg. 285 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-20 Within 10 days after award of the Contract, or at such times as may be required by the City, the Contractor shall submit progress schedules showing the order in which he proposed to carry on the work and the dates when the various parts will begin and be completed. Progress schedules shall be subject to the approval of the City and if in his opinion a schedule submitted is inadequate to secure the completion of the work in the time agreed upon, or is otherwise not in accordance with the Specifications, he may require the Contractor to submit a new schedule which will insure timely completion of the work. 5.07 MONTHLY ESTIMATES AND PAYMENTS (a)On or about the 25th day of each month, the Engineer shall prepare and transmit to the City, an estimate of the cumulative amount and value of work performed by the Contractor up to that date. Except as may otherwise be provided in the Special Provisions,said amount will include 80 percent of the value of all acceptable materials and equipment delivered to the site of the work. Said value will be based on certified copies of invoices delivered by the Contractor and Engineer. To this figure will be added all amounts due or paid the Contractor for performance of extra work in accordance with change orders. From the total computed above, a deduction of 10 percent will be made. Further deductions will be made for: (1) amounts due the City for equipment or materials furnished or services rendered; (2) amounts due the City under the terms of the Contract; (3) amounts of any claims of lien filed with the City in accordance with Section 6.05; and (4) amounts required to be deducted by Federal, State, or local governmental authority. From the balance thus determined will be deducted the amount of all previous payments and the remainder shall constitute the partial payment due the Contractor. (b)The City's estimate of the partial payment due the Contractor will not be required to be made by strict measurement, and an approximate estimate will suffice. The partial payments may be withheld or reduced if in the City's opinion, the Contractor is not diligently or efficiently endeavoring to comply with the intent of the Contract, or if the Contractor fails to pay his labor and material bills as they become due. (c)Contractor shall furnish the City promptly, upon request, all information and records necessary to determine the cost of the work for purposes of estimating partial payments, including an itemized statement, in a form satisfactory to the City, of the actual cost of all acceptable materials delivered by the Contractor to the site. (d)No partial payment shall be construed as an acceptance of the work or of any portion of the work, nor shall the making of such payment preclude the City from demanding the recovering from the Contractor such damages as it may sustain by reason of the Contractor's failure to comply with requirements of the Contract. 15.a Packet Pg. 286 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-21 (e)In the event the Contract is terminated, any funds due the Contractor and retained by the City in accordance with Subsection 5.07 shall become the property of the City to the extent necessary to repay to the City any excess in the Contract price above the cost of the work completed at the time of termination. After issuance of notice of discontinued work, no further payments will be made to the Contractor for the work covered by the notice until completion of the work and final settlement has been made. (f)Securities may be substituted by the Contractor for monies withheld as a retention by the City to insure the performance of the work described in the Contract agreement. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a State or Federally chartered bank as the escrow agent, who shall pay such moneys to the Contractor upon satisfactory completion of the Contract. Securities eligible for investment under this Section shall include those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit. The Contractor shall be the beneficial owner of any securities substituted for money withheld and shall receive any interest thereon. 5.08 FINAL ESTIMATE AND PAYMENT (a)When the City is of the opinion that the Contractor has completely performed all work required under the Contract, he will submit to the Contractor a draft of the final estimate. The Contractor will be expected to submit his written approval of said final estimate within 5 calendar days after receipt or, in the event the Contractor disagrees with said final estimate, he shall, within said 5-day period, file a written statement of all claims which he intends to present. If the Contractor delays more than 5 calendar days in approving said final estimate or in presenting his own claims, the time for the final payment shall be extended by the period of such delay. (b)Upon receipt by the City of the Contractor's written approval of said final estimate in accordance with Subsection 5.08(a), the City will certify physical completion of the work. (c)After acceptance of the work by the City and 35 calendar days after filing of the Notice of Completion, the City will pay to the Contractor the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract. In the event acceptance of the work is delayed more than 30 calendar days beyond the date of the last partial payment under the Contract, the City will make further partial payment in accordance with Section 5.07. (d)If the Contractor disagrees with the City's final estimate and files a written statement of his claims in accordance with Subsection 5.08(a), the City will issue, as a semi-final estimate, the proposed estimate submitted to the Contractor, and 15.a Packet Pg. 287 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-22 the City will make payment estimate submitted to the Contractor, in accordance with the provisions of Subsection 5.08(c). The City then will investigate the Contractor's claims, make any revisions to said semi-final estimate as he appropriate. The City then will make final payment to the Contractor in accordance with the provisions of Subsection 5.08(c). 5.09 FINAL PAYMENT TERMINATES LIABILITY OF OWNER The acceptance by the Contractor of the final payment referred to in Subsection 5.08(c) shall be a release of the City and its agents from all claims of and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act or neglect of the City or of any person relating or affecting the work, except claims against the City for the remainder, if any, of the amounts kept or retained under the provisions of Section 6.05. 15.a Packet Pg. 288 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-23 SECTION 6 -BONDS, INSURANCE, LEGAL RESPONSIBILITY, AND PUBLIC SAFETY 6.01 FAITHFUL PERFORMANCE BOND Each bond which is written by an out-of-state bonding company shall contain the name, address and telephone number of an agent located in the State of California who is authorized to act for the bonding company. The Contractor shall secure with a corporate surety or sureties satisfactory to the City, a bond in the amount of 100 percent of the total Bid Amount to guarantee faithful performance of the Contract. The amount of this Faithful Performance Bond shall be reduced to 50% of the Contract amount or $500.00 whichever is greater and shall remain in full force and effect for one year from the date of the Final Notice of Completion to assure and guarantee against any defective materials furnished in the performance of the Contract. 6.02 LABOR AND MATERIAL BOND The Contractor shall secure with a corporate surety or sureties satisfactory to the City, a bond in the amount of 100 percent of the total Bid Amount to guarantee payment of claims of laborers and material-men under the Contract. 6.03 ADDITIONAL SURETY If, during the life of the Faithful Performance Bond, any of the sureties named in said bond become insufficient in the opinion of the City, he may require the Contractor to furnish additional sufficient sureties within 5 days of receipt of written order to do so. In the event the Contractor fails or neglects to furnish sufficient additional sureties, when ordered, within the prescribed time period, the City may suspend the work or terminate the Contract, and the Contractor shall have no claim for damages. 6.04 CONTRACTOR INDEBTEDNESS Indebtedness incurred for any cause in connection with this work must be paid by the Contractor and the City is hereby relieved at all times from any indebtedness or claim other than payments under terms of the Contract and the Contractor will indemnify and hold harmless the City and its officers and employees from any loss, demand, damages, claims or actions arising from or in connection with said indebtedness. 6.05 UNPAID CLAIMS If, upon or before the completion of the work, or at any time prior to expiration of the period within which claims of lien may be filed of record, any person claiming to have performed any labor or to have furnished any materials, supplies, or services toward the performance of this Contract, or to have agreed to do so, shall file with the City a verified statement of such 15.a Packet Pg. 289 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-24 claim stating in general terms the kind of labor and materials, the value of same, and the name of the person to or for whom the same was furnished, together with a statement that the same has not been paid; or if any person shall bring against the City or any of its agents. Any action to enforce such claim the City will, until the action is settled, withhold from monies due the Contractor an amount sufficient to satisfy the decision of the court together with costs. 6.06 INSURANCE (a)General -The Contractor shall not commence work under this Contract until he has obtained all the insurance required under this Section and such insurance has been approved by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved. All insurance required under this Section shall be maintained continuously during the life of the Contract up to the date of acceptance of the work by the City. (b)Worker's Compensation Insurance -The Contractor shall procure and maintain Workmen's Compensation Insurance as required by applicable State or territorial law for all of his employees to be engaged in work at the site of the project under this Contract, and, in case of any such work sublet the Contractor shall require the subcontractor similarly to provide Workman's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this Contract is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. (c)Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance -The Contractor shall procure and maintain Contractor's Liability Insurance in the amounts specified herein. (d) Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance -The Contractor shall either (1) require each of his subcontractors to procure and to maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Special Provisions or, (2) insure the activities of his subcontractors in his own policy, in like amount. (e)Builder's Risk Insurance (Fire and Extended Coverage) -The Contractor shall procure and maintain Builder's Risk Insurance (All Risk Coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit of the City, the Contractor and subcontractors as their interests may appear. 15.a Packet Pg. 290 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-25 (f) Scope of Insurance -The insurance required under Subsections (c) and (d) hereof shall provide adequate protection for the Contractor and his subcontractor's respectively, against damage claims which may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him. In addition, the insurance required under subsections (c), (d) and (e) hereof shall name the City and Engineer, and their officers, agents and employees, as "additional insured" under the policies. The insurance coverage should contain the following provisions: "Solely as respects work done by and on behalf of the named insured for the City of Grand Terrace, it is agreed that the City of Grand Terrace, is added as an additional insured under this policy. It is further agreed that the other insurance conditions of the policy are amended to conform therewith." All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration, material alteration, or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered or certified mail not less than 30 days before expiration, material alteration or cancellation is effective. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, aggregate operations, aggregate protective and aggregate contractual with the following minimum limits: Bodily injury (including death) $1,000,00 each person, $1,000,000 each occurrence Property Damage $500,000 each occurrence, $1,000,000 aggregate Special attention is directed to possible flood hazards, and/or nuisance water such as irrigation and other runoff. The Contractor shall be responsible for all injuries or damages to any portion of the work occasioned by the above causes and he shall make good such injuries or damages at no cost to the City prior to the completion and acceptance of the work. (g) Proof of Insurance -The Contractor shall furnish the City with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statements: "The insurance covered by this certificate will not be cancelled or materially altered, except after 30 days written notice has been received by the City." 15.a Packet Pg. 291 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-26 6.07 NO PERSONAL LIABILITY The Contractor shall indemnify and save harmless the City, its officers, agents, and employees, against and from all claims and personal liability arising under or by reason of the Contract or any performance of the work. 6.08 DIR REQUIREMENTS Pursuant to State Bill 854, the following new requirements apply to all public works projects: A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform pubic work pursuant to Section 1725.5 at the time the contract is awarded. The website for contractor registration with the Department of Industrial Relations (DIR) is https://efiling.dir.ca.gov/PWCR; the annual non-refundable fee, valid July 1 through June 30 (state fiscal year), is $300. Contractors and subcontractors must submit electronic payroll records to the DIR's Compliance Monitoring Unit (CMU) in addition to providing wet-ink original copies to the City or its designated labor compliance officer. 6.09 PERMITS AND LICENSES Unless otherwise provided in the Special Provisions, the Contractor shall obtain at his own expense all permits and licenses required for prosecution of the work and shall pay all taxes properly assessed against his equipment or property used in connection with the work. No work shall be started within the street right-of-way or on City property until the Contractor has obtained the necessary permits. The Contractor shall obtain and pay for all permits and fees and give all notices necessary and incident to the due and lawful prosecution of the work and to the preservation of the public health and safety. Fees will not be collected on those permits obtained from the City Engineer's Office. For work on private property where shown on the plans, the City will provide rights of entry at no cost to the Contractor. Such rights of entry do not relieve the Contractor of the need to provide at his cost, permits and insurance required of the Contractor by other agencies and organizations. The Contractor shall obtain and pay for all costs incurred for licenses necessitated by his operations. Prior to starting any work, the Contractor shall be required to have a City Business License valid for the life of the Contract; his subcontractors shall also have Business Licenses valid for the time they are engaged in work. 15.a Packet Pg. 292 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-27 6.10 SALES AND USE TAXES The Contractor shall pay all sales and use taxes assessed by Federal, State or local authorities on materials furnished by the Contractor in performance of the work. 6.11 PATENTS AND COPYRIGHTS The Contractor shall indemnify and save harmless the City and its officers, agents, and employees, against all claims or liability arising from the use of any patented or copyrighted design, device, material, or process by the Contractor or any of his subcontractors in the performance of the work. 6.12 Reserved 6.13 PUBLIC SAFETY AND CONVENIENCE - Please refer to Special Provisions For convenience to the Contractor to comply with the other provisions of this section, the following telephone numbers are listed. Fire Department 909-825-0221 Sheriff Department 909-824-0680 Courtesy Ambulance Service 909-884-3155 RTA 909-682-1234 Colton Unified School District 909-976-4110 If the above telephone numbers are changed, the Contractor is not relieved of his responsibility of notifying the various departments. 6.14 SANITARY PROVISIONS The Contractor shall provide and maintain such sanitary accommodations for the use of his employees and those of his subcontractors as may be necessary to comply with the requirements of local and State health departments. 6.15 FEDERAL SAFETY AND HEALTH REGULATIONS (a)Contractors and subcontractors shall comply with the provisions of the Safety and Health Regulations for construction, promulgated by the Secretary of Labor under Section 107 of the "Contract Work Hours and Safety Standards Act", as set forth in Title 29, C.F.R. (b) Contractors and subcontractors shall comply with the provisions of the Occupational Safety and Health Standards, promulgated by the Secretary of Labor under the "Occupational Safety and Health Act of 1970," as set forth in Title 29. C.F.R. 15.a Packet Pg. 293 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-28 SECTION 7 -STATE OF CALIFORNIA REQUIREMENTS 7.01 WAGES (a) Pursuant to the provisions of the California Labor Code, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the said work is performed, and not less than the general prevailing rate of per diem wages for legal holidays and overtime work in each craft or type of workmen needed to execute the work contemplated under the Contract, shall be paid to all workmen on and in connection with said work by the Contractor and by any subcontractor doing or contracting to do any part of said work. The Contractor shall, as a penalty to the City, forfeit $25.00 for each calendar day, or portion thereof, for each workman paid less than the stipulated prevailing rates of such work or craft in which such workman is employed, whether paid by the Contractor or by any subcontractors under him. The Contractor agrees to comply with the provisions of Sections 1775 and 1776 of the California Labor Code. The Contractor is also required to post the applicable prevailing wage rates at the jobsite. Pursuant to 1773.2, the Contractor shall refer to the wage schedule on file at the City Clerk's Office at 22795 Barton Road, Grand Terrace, California, 92313. (b) The Contractor and the subcontractors shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC a--276a-5) and the implementation regulations issued pursuant thereto (29 CFR Section 1.5) and any amendments thereof. (c) The issuance, as payment for wages, of any evidence of indebtedness is prohibited unless the same is negotiable and payable on demand without discount. (d) In accordance with the provisions of Section 3700 of the California Labor Code, the Contractor shall secure the payment of compensation to his employees. 7.02 PAYROLL RECORDS Contractor shall provide the City with certified copies of payroll records upon demand, and within 24 hours of such demand. 7.03 APPRENTICES ON PUBLIC WORKS The Contractor shall comply with all applicable provisions of Sections 1775.5 of the California Labor Code relating to employment of apprentices on public works. 15.a Packet Pg. 294 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-29 7.04 WORKING HOURS (a) The Contractor shall comply with Chapter 8.108 G.T.M.C. restricting work between the hours of eight p.m. and seven a.m. weekdays, including Saturday or at any time on Sunday or a National Holiday. (b) The Contractor shall comply with all applicable provisions of Sections 1810 to 1817, inclusive, of the California Labor Code relating to working hours. The Contractor shall, as penalty to the City, forfeit $25.00 for each workman employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such workman is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the above-mentioned Sections of the California Labor Code. 7.05 PROTECTION OF WORKERS IN TRENCH EXCAVATION Contractor shall comply with all of the requirements of California Division of Industrial Safety. The protection of workers must meet the requirements of Construction Safety Orders. 7.06 CONTRACTOR NOT RESPONSIBLE FOR DAMAGES RESULTING FROM CERTAIN ACTS OF GOD As provided in Sections 4150 and 4152, inclusive, of the California Government code, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work, which damage is determined to have been proximately caused by an Act of God in excess of five percent of the contracted amount, provided, that the work damaged is built in accordance with accepted and applicable building standards and the attached plans and specifications. The Contractor shall obtain insurance to indemnify the City for any damage to the work caused by an Act of God if the premium for said insurance coverage is not called for as a separate bid item in the Bidding Schedule for the work. For the purpose of this Section, the term "Acts of God" shall include only the following occurrences or conditions and effect; earthquakes in excess of a magnitude of 3.5 on the Richter Scale. 7.07 NOTICE OF COMPLETION As required by the Civil Code, and within ten calendar days after date of acceptance of the work by the City's governing body, the City will file, in the County Recorder's Office, a Notice of Completion of the work. 7.08 CONCRETE FORMS, FALSEWORK AND SHORING The Contractor shall comply fully with the requirements of Section 1717 of the 15.a Packet Pg. 295 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) E-30 Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework and shoring, and the inspection of same prior to placement of concrete. Where the said Section 1717 requires the services of a registered civil engineer in the State of California to approve design calculation and working drawings of the falsework or shoring system, or to inspect such system prior to placement of concrete, the Contractor shall employ a registered civil engineer for these purposes. 15.a Packet Pg. 296 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) SP-1 PART 3 CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.2 Preservation of Property. Any irrigation systems in conflict with the proposed improvements that are removed, damaged, disturbed, or broken shall be modified/relocated, repaired, and/or replaced to be operable and provide full irrigation coverage to the areas requiring irrigation using new materials, equal or better than the original materials, with 20 mm (3/4 in) Schedule 40 PVC being the minimum acceptable for underground lines and 13 mm (1/2 in) Schedule 80 being minimum acceptable for risers and with the systems not being out of operation for more than two (2) days. All trees, shrubbery and lawns deprived of normal irrigation watering due to a thoroughly irrigated by the Contractor so that said plantings will not be damaged. If any trees, shrubbery or lawns die or suffer unacceptable damage as a result of or the same plant species and size. Existing grass lawns within areas that must be excavated and/or re-graded shall be replaced with grass sod in kind. Dead, dying, and unacceptably damaged grass shall be replaced with new grass sod. 15.a Packet Pg. 297 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) SP-2 SPECIAL PROVISIONS SIGNING, STRIPING, AND PAVEMENT MARKERS All equipment, materials, and components for signing and striping, and the installation thereof, shall conform to the 2010 Caltrans Standard Plans, and Standard Specifications, Section 56, "Signs," Section 84, "Traffic Stripes and Pavement Markings," and Special Provisions and on the Plans. These Plans and Specifications are hereinafter referred to as State Standard Plans and State Standard Specifications. Copies of these documents are available from Caltrans, District 7 office at 100 South Main Street, Los Angeles, California 90012 or from Caltrans, 6002 Folsom Boulevard, Sacramento, California 95819, (916) 445-3520. All materials required for the completion of work as shown on the Plans shall be provided by the Contractor. SECTION 56 - SIGNS 56-4 ROADSIDE SIGNS 56-4.03 Construction. Relocated signs shall be installed using existing posts at new locations and shall be set at a minimum 30-inch depth and at a minimum 12-inch square portland cement concrete (PCC). The post depth of the concrete footing shall be sufficient to extend at least 6-inches below the bottom of the posts. ¼-inch expansion paper shall be placed between the sign foundation and sidewalk. New signs shall be installed using metal posts set at a minimum of 30-inch depth in a minimum 12-inch square PCC. The metal post shall be 2-inch square galvanized steel "Quik-Punch," with 30-inch break away base and 18-inch sleeve. The length of the metal post shall be sufficient to extend from the top of the sign to 30-inches below the top of the concrete footing and provide a 7-foot clearance between the finished grade and the bottom of the sign. The depth of the concrete footings shall be sufficient to extend at least 6-inches below the bottom of the posts. ¼-inch expansion paper shall be placed between the sign foundation and sidewalk. Marker and delineators shall conform to the provision in Section 82, "Markers and Delineators." 56-4.04 Payment. Payment for signing shall be included in the various unit price items per the bid schedule, and no additional compensation will be allowed therefor. 15.a Packet Pg. 298 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) SP-3 SECTION 84 - TRAFFIC STRIPES AND PAVEMENT MARKINGS 84-1 GENERAL 84-1.02 Materials. Traffic stripes and pavement markings shall be thermoplastic and curb marking shall be paint unless otherwise shown on the Plans. Contractor shall repaint any curb markings removed by construction under this contract. 84-1.03A Tolerances and Appearance. The Contractor shall furnish the necessary control points for all striping and markings, and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than ½- inch in 50-feet from the specified alignment. When no previously applied figures, markings, or traffic striping are available to serve as a guide, suitable layouts shall be spotted in advance of the permanent paint application. Traffic lines may be spotted by using a rope as a guide for marking spots every 5-feet, by using a marking wheel mounted on a vehicle, or by any other means satisfactory to the Engineer. The Contractor shall mark or otherwise delineate the traffic lanes in the new roadway or portion of roadway, or detour before opening it to traffic. The Contractor shall provide an experienced technician to supervise the location, alignment, layout, dimensions, and application of the paint. Spotting shall be completed prior to the removal of any existing stripes. Existing stripes and markings shall be removed prior to painting new stripes and markings, but in no case shall any section of street be left without the proper striping for more than 24 hours, or over weekends or holidays. Existing traffic stripes (including raised pavement markers), pavement legends, and markings that do not conform to the plans shall be removed by wet sandblasting per Section 15-2.02C, "Remove Traffic Stripes and Pavement Markings," and Section 15-2.02D, "Remove Pavement Markers," of the State Standard Specifications. 84-2 THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKINGS 84-2.02 Materials. Traffic striping shall be thermoplastic including crosswalks, arrows, and other pavement legends. 15.a Packet Pg. 299 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) SP-4 The installation of traffic stripes includes placement of raised pavement markers when called for on the plans. Adhesive for raised pavement markers shall be per Section 85, "Pavement Markers." Epoxy shall be the Rapid Set type. 84-2.04 Payment. Payment for striping details, pavement markings, and curb marking shall be included in the various unit price items per the bid schedule, and no additional compensation will be allowed therefor. 84-3 PAINTED TRAFFIC STRIPES AND PAVEMENT MARKINGS 84-3.02 Materials. Paint for curb markings shall be ready-mixed rapid dry type. Ready-mixed paints shall be suitable for use on either asphalt concrete or portland cement concrete. 84-3.03 Construction. Paint shall be applied in two coats. The second coat of paint shall be applied no less than 24 hours from application of the first coat. Each coat paint shall include glass beads. 84-3.07 Payment. Payment for curb marking shall be included in the various unit price items per the bid schedule, and no additional compensation will be allowed therefor. SECTION 85 PAVEMENT MARKERS 85-1.03C Epoxy Adhesive. Adhesive for raised pavement markers shall be rapid set type epoxy. Removal of pavement markers shall be per Section 15- 85-1.04 Payment. Payment for pavement markers shall be included in the various unit price items per the bid schedule, and no additional compensation will be allowed therefor. 15.a Packet Pg. 300 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) SP-5 SPECIAL PROVISIONS SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS All equipment, materials, and components for installation of solar powered flashing beacons shall conform to the 2010 Caltrans Standard Plans and Standard Specifications, Section 86, "Signals, Lighting, and Electrical Systems," except as noted in the Special Provisions and on the Plans. These Plans and Specifications are hereinafter referred to as State Standard Plans and State Standard Specifications. Copies of these documents are available from the Caltrans, District 7 office at 100 South Main Street, Los Angeles, California 90012 or from Caltrans, 6002 Folsom Boulevard, Sacramento, California 95819, (916) 445-3520. 86-1 GENERAL 86-1.03 Cost Breakdown. The cost breakdown shall be submitted to the Engineer in conjunction with equipment list and drawings. 86-1.04 Equipment List and Drawings. The equipment list shall be submitted to the Engineer within ten (10) working days after the date of the Notice of Contract Approval. Materials lists, manufacturer's data, brochures, technical data, etc., shall be labeled and identified, and shall be submitted in bound booklet form. The Contractor shall retain one copy of all approved material lists and samples at the job site, readily accessible for inspection by the Engineer. Said materials lists and samples shall be the basis for approval or rejection of work. 86-1.05 Warranties, Guarantees, and Instruction Sheets. The Contractor shall guarantee the entire work constructed under this contract and will fully meet all requirements as to quality of workmanship and materials any repairs or replacements made necessary by defects in workmanship or materials that becomes evident within 1 year after acceptance of work by the Agency and to restore to full compliance with the requirements of these Specifications, any part of the work which during the 1-year period is found to be deficient with respect to any provision of the Plans and Specifications. The Contractor shall make all repairs and replacements promptly upon receipt of written orders from the Engineer. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost. 15.a Packet Pg. 301 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) SP-6 Whenever any work or equipment is to be guaranteed or maintained by a manufacturer, supplier, or subcontractor, said obligation shall be that of the Contractor. All guarantees shall be in writing and delivered to the Engineer by the Contractor prior to final acceptance of the work. Where the Contractor-installed facilities are damaged prior to final acceptance by the Engineer, the Contractor shall repair or replace such facilities at his own expense. 86-1.07 Scheduling of Work. No work shall commence and no material or equipment shall be stored at the jobsite until such time that the Contractor notifies the Engineer in writing of the date that all electrical materials and equipment are to be received. Upon receipt of said notification by the Engineer, the Contractor may commence work within 5-working days prior to said delivery date. The job site shall be maintained in a neat and orderly condition at all times and areas of sidewalk removal to be left open for less than 5 days shall be covered with plywood sheeting and barricades. Areas to be left open more than 5 days shall be patched with temporary AC pavement, smoothed to provide a level finished walking surface. All striping, pavement markings, and signing shall be in place prior to flashing beacon turn on. Turn on of the flashing beacon system shall not be made on a Friday or the day preceding a legal holiday, and will be permitted between the hours of 9 a.m. and 2 p.m. only. The City shall be notified 48 hours prior to the intended turn on. 86-2 MATERIALS AND INSTALLATION 86-2.01 Excavation and Backfilling. Excavation for foundations shall be hand dug until clear of obstructions. 86-4 TRAFFIC SIGNAL FACES AND FITTINGS 86-4.09 Flashing Beacons. Solar powered flashing beacons shall be Carmanah Model No. 247- per approved Caltrans specifications. 86-8 PAYMENT 86-8.01 Payment. The second paragraph of Section 86-8.01, "Payment," 15.a Packet Pg. 302 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) SP-7 of the State Standard Specifications, is superseded by the following: Payment for the installation of solar powered flashing beacons shall be included in the price bid for each solar powered flashing beacon installation as shown on the Plans, and no additional compensation will be allowed therefor. 15.a Packet Pg. 303 At t a c h m e n t : I . C o n t r a c t o r A g r e e m e n t . p d f ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) UNOIDCAL BID SUMMARY LOG DA TE: 09/28/2016 TIME: 4:00 p.m. BID NUMBER: 16-04 PROJECT: Street Maintenance Services BIDDER'S NAME I ADDRESS NON-BID BOND ADDENDUM AMOUNT OF COLLUSION 10% BID AFFIDAVIT Hardy & Harper, Inc. ./ ./ J... Mike Roquet Construction v v ")._. SE Pipe Line Construction v v 1- 15.b Packet Pg. 304 At t a c h m e n t : I I . B i d S u m m a r y ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) Description Estimated Quantity/ Unit Unit Price Total Price Cold Mill and Replace 2"3000 SQ FT 3.4 10200 Cold Mill and Replace 3"3000 SQ FT 4 12000 Cold Mill and Replace 4"3000 SQ FT 4.5 13500 Asphalt Overlay 2"3000 SQ FT 1.8 5400 Asphalt Overlay 3"3000 SQ FT 2.4 7200 Asphalt Leveling Course 30 Tons 90 2700 Petromat 3000 SQ FT 4.5 13500 Asphalt Header Cut 300 Linear Feet 7 2100 Rout/Seal Pavement cracks 300 Linear Feet 1 300 Pothole Patching 1000 SQ FT 7 7000 TOTAL 73900 Description Estimated Quantity/ Unit Unit Price Total Price Cold Mill and Replace 2"3000 SQ FT 6.47 19410 Cold Mill and Replace 3"3000 SQ FT 7.5 22500 Cold Mill and Replace 4"3000 SQ FT 8.05 24150 Asphalt Overlay 2"3000 SQ FT 4.42 13260 Asphalt Overlay 3"3000 SQ FT 4.1 12300 Asphalt Leveling Course 30 Tons 82.6 2478 Petromat 3000 SQ FT 0.85 2550 Asphalt Header Cut 300 Linear Feet 11.5 3450 Rout/Seal Pavement cracks 300 Linear Feet 1.95 585 Pothole Patching 1000 SQ FT 13.6 13600 TOTAL 114283 Description Estimated Quantity/ Unit Unit Price Total Price Cold Mill and Replace 2"3000 SQ FT 4.6 13800 Cold Mill and Replace 3"3000 SQ FT 5.55 16650 Cold Mill and Replace 4"3000 SQ FT 6.4 19200 Asphalt Overlay 2"3000 SQ FT 2.85 8550 Asphalt Overlay 3"3000 SQ FT 3.7 11100 Asphalt Leveling Course 30 Tons 186 5580 Petromat 3000 SQ FT 1.86 5580 Asphalt Header Cut 300 Linear Feet 13.86 4158 Rout/Seal Pavement cracks 300 Linear Feet 2.5 750 Pothole Patching 1000 SQ FT 61 61000 TOTAL 146368 Hardy and Harper Mike Roquet Construction Inc SE Pipeline Construction 15.b Packet Pg. 305 At t a c h m e n t : I I . B i d S u m m a r y ( 2 0 6 1 : S t r e e t M a i n t e n a n c e S e r v i c e s ) This page left intentionally blank.