04/28/2020CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● APRIL 28, 2020
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
PUBLIC ADVISORY: THE CITY COUNCIL CHAMBER WILL NOT BE OPEN TO THE PUBLIC
Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on
March 17, 2020, the regular meeting of the City Council for April 28, 2020 will be conducted telephonically through Zoom and broadcast live on the City’s website. Please be advised that pursuant to the Executive Order, and to ensure the health and safety of the public by limiting human contact that could spread the COVID-19 virus, the Council Chamber will not be open for the meeting. Some Members of Council will be
participating remotely and will not be physically present in the Council Chamber.
If you would like to speak on an agenda item, you can access the meeting by dialing the phone number listed below and you will be placed in the waiting room, muted until it is your turn to speak: *67 1-669-900-9128 Enter Meeting ID: 997 1308 6742
Password: 481010
NOTE: Your phone number will appear on the screen unless you first dial *67 before dialing the numbers as shown above.
The City wants you to know that you can also submit your comments by email to
ccpubliccomment@grandterrace-ca.gov. To give the City Clerk adequate time to print out
your comments for consideration at the meeting, please submit your written
comments prior to 5:00 p.m.; or if you are unable to email, please call the City Clerk’s Office at (909) 824-6621 ext. 230 by 5:00 p.m.
If you wish to have your comments read to the Council Members during the appropriate Public Comment period, please indicate on in the Subject Line “FOR PUBLIC
COMMENT” and list the item number you wish to comment on. Comments that you
want read to the Council will be subject to the three minute time limitation (approximately 350 words).
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council meeting, please contact
the City Clerk’s Office, (909) 824-6621 ext. 230 within 48 hours of the meeting.
The City of Grand Terrace thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus.
Agenda Grand Terrace City Council April 28, 2020
City of Grand Terrace Page 2
CALL TO ORDER
Convene City Council
Pledge of Allegiance
Roll Call
Attendee Name Present Absent Late Arrived
Mayor Darcy McNaboe
Mayor Pro Tem Doug Wilson
Council Member Sylvia Robles
Council Member Bill Hussey
Council Member Jeff Allen
A. RECESS TO CLOSED SESSION
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATORS, pursuant to Government Code Section 54957.6
Agency Designated Representatives: G. Harold Duffey, City Manager
Cynthia Fortune, Assistant City Manager Adrian R. Guerra, City Attorney Colin Tanner, Deputy City Attorney Employee Organization: Teamsters Local 1932 Unrepresented Employees: City Manager, Assistant City Manager, City Clerk,
Director of Public Works, Director of Planning & Development Services, Management Analyst, (Two Positions), Assistant Planner
RECONVENE TO OPEN SESSION
REPORT OUT OF CLOSED SESSION
B. SPECIAL PRESENTATIONS - NONE
C. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
Agenda Grand Terrace City Council April 28, 2020
City of Grand Terrace Page 3
D. 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 – 04/14/2020
DEPARTMENT: CITY CLERK
3. Attachment to Minutes - Regular Meeting of April 14, 2020
DEPARTMENT: CITY CLERK
4. City Department Monthly Activity Report - March 2020
RECOMMENDATION:
Receive and file.
DEPARTMENT: CITY MANAGER
5. Consideration of a Resolution Authorizing the City Manager, Public Works Director, and Management Analyst to Execute & File Agreements and Necessary Documents in Furtherance of the Highway Safety Improvement Program (HSIP) Grant with the State
of California Transportation Department Office of Local Assistance
RECOMMENDATION: Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
AUTHORIZING THE CITY MANAGER, CITY ENGINEER AND MANAGEMENT
ANALYST TO EXECUTE AGREEMENTS FOR THE FEDERAL HIGHWAY SAFETY
IMPROVEMENT PROGRAM.
DEPARTMENT: PUBLIC WORKS
6. Housing Element Annual Progress Report for the 2019 Calendar Year
RECOMMENDATION: Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RECEIVING AND ACCEPTING THE CITY OF GRAND TERRACE HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR THE 2019 CALENDAR YEAR
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
Agenda Grand Terrace City Council April 28, 2020
City of Grand Terrace Page 4
E. 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.
F. CITY COUNCIL COMMUNICATIONS
Council Member Jeff Allen
Council Member Bill Hussey
Council Member Sylvia Robles
Mayor Pro Tem Doug Wilson
Mayor Darcy McNaboe
G. PUBLIC HEARINGS - NONE
H. UNFINISHED BUSINESS - NONE
I. NEW BUSINESS
7. COVID-19 Update and Impacts of Local Emergency
RECOMMENDATION: Receive and File.
DEPARTMENT: CITY MANAGER
8. First Amendment to Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions Between the City of Grand Terrace and Greens Group, Inc. for the Sale of City Property Located at 22317, 22273 and 22293 Barton Road
RECOMMENDATION:
1. Approve First Amendment to the Agreement for Purchase and Sale of Real
Property and Joint Escrow Instructions Between the City of Grand Terrace and
Greens Group Inc. (which in summary reduces the deposit amount from
$150,000 to $15,000, allocates a non-refundable $35,000 to City for its additional
costs, and provides extensions on specified deadlines); and
Agenda Grand Terrace City Council April 28, 2020
City of Grand Terrace Page 5
2. Authorize the Mayor to Execute the First Amendment to the Agreement for
Purchase and Sale of Real Property and Joint Escrow Instructions Between the
City of Grand Terrace and Greens Group Inc., subject to City Attorney approval
as to form.
DEPARTMENT: CITY MANAGER
9. Award of Contract for Mt. Vernon Safety Project in an Amount Not to Exceed $259,350
RECOMMENDATION:
1. Authorize Revenue and Expenditure appropriations in the amount of $325,000 respectively in the Highway Safety Improvement Program (HSIP) Fund for the construction phase of the Mr. Vernon Avenue Corridor Intersection Improvements Project, Federal ID: HSIPL-5421(005);
2. Award a Construction Contract to TSR Construction and Inspection for the Mt.
Vernon Safety Project on Mt. Vernon Avenue in an amount not to exceed $259,350; and 3. Authorize City Manager to execute the Contract subject to City Attorney approval as
to form.
DEPARTMENT: PUBLIC WORKS
10. Resolution and Ordinance for Ratification and Adoption of the 2019 California Fire Code with Local Amendments (Continued from January 28, 2020)
RECOMMENDATION:
1) Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RATIFYING THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT BOARD’S ADOPTION OF THE 2019 CALIFORNIA FIRE CODE WITH LOCAL AMENDMENTS FOR ENFORCEMENT WITHIN THE CITY OF GRAND TERRACE, DELEGATING ENFORCEMENT AUTHORITY OF THE
FIRE CODE TO THE CHIEF OF THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT, AND SETTING A PUBLIC HEARING PRIOR TO SECOND READING AND ADOPTION BY REFERENCE OF THE 2019 CALIFORNIA FIRE CODE WITH LOCAL AMENDMENTS
2) Direct the City Attorney to Read the Title of, Waive further reading of, and Introduce
the ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING BY REFERENCE THE 2019 CALIFORNIA FIRE CODE AS AMENDED BY SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT ORDINANCE NO. 20-01 AND REPEALING AND
REPLACING GRAND TERRACE MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY TO INCORPORATE THE NEW CODE AS AMENDED
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
Agenda Grand Terrace City Council April 28, 2020
City of Grand Terrace Page 6
11. Designation of City’s Agents in Applying for Reimbursement from the California Governor’s Office of Emergency Services (Cal OES)
RECOMMENDATION:
Adopt a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA APPROVING THE DESIGNATION OF THE APPLICANT’S AGENT RESOLUTION AND AUTHORIZING THE CITY MANAGER, OR THE ASSISTANT CITY MANAGER, OR THE PRINCIPAL ACCOUNTANT TO TAKE ALL NECESSARY ACTIONS TO APPLY FOR REIMBURSEMENT OF ELIGIBLE CITY
COSTS RESULTING FROM THE COVID-19 PANDEMIC.
DEPARTMENT: FINANCE
12. FY2020-21 Budget Development Guidelines and Budget Schedule
RECOMMENDATION: Approve the FY2020-21 Budget Development Guidelines and Proposed Budget Review
Schedule.
DEPARTMENT: FINANCE
13. Discussion of Potential Budget Impacts Associated with the Novel Corona Virus
(COVID-19), Authorization to Use $450,000 of General Fund Reserves to Aid in the Current Fiscal Year Deficit, and Consideration of a Declaration of Fiscal Emergency
RECOMMENDATION: 1. Review the update to City Council on the potential fiscal impacts to the FY2019-20 and FY2020-21 budgets as a result of the Nation, State, County and Local Emergency
declarations relating to COVID-19; and 2. Authorize the use of up to $450,000 in from the General Fund’s $900,000 fund balance to partially offset the $662,380 projected General Fund deficit in the current fiscal year; and
3. Consider the adoption of a Resolution Declaring a Fiscal Emergency as a result of the COVID-19 pandemic’s widespread economic impact and its resulting significant loss of anticipated revenues which authorizes the City Manager to research, investigate and recommend further actions to mitigate the fiscal impacts to the FY2019-20 and FY2020-
21 budgets, including reduction measures relating to personnel costs, operations, service levels, or other measures deemed necessary and reasonable to offset the General fund projected deficits and submit said recommendations to City Council for approval; or
4. Direct staff as appropriate.
DEPARTMENT: FINANCE
Agenda Grand Terrace City Council April 28, 2020
City of Grand Terrace Page 7
J. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE
K. CITY MANAGER COMMUNICATIONS
L. ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, May 12, 2020 at 6:00 PM. Any request to have an item placed on a future agenda must be made in writing and submitted to the City Clerk’s office and the request will be processed in accordance
with Council Procedures.
CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● APRIL 14, 2020
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Mayor Darcy McNaboe convened the Regular Meeting of the City Council for Tuesday, April 14, 2020 at 6:00 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Darcy McNaboe.
Attendee Name Title Status Arrived
Darcy McNaboe Mayor Present
Doug Wilson Mayor Pro Tem Remote
Sylvia Robles Council Member Remote
Bill Hussey Council Member Remote
Jeff Allen Council Member Remote
G. Harold Duffey City Manager Present
Adrian Guerra City Attorney Present
Debra Thomas City Clerk Present
Alan French Public Works Director Remote
Steven Weiss Planning & Development Services Director Remote
Cynthia A. Fortune Assistant City Manager Remote
A. SPECIAL PRESENTATIONS - NONE
B. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
D.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
A
p
r
1
4
,
2
0
2
0
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 April 14, 2020
City of Grand Terrace Page 2
C. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Doug Wilson, Mayor Pro Tem
AYES: McNaboe, Wilson, Robles, Hussey, Allen
1. Waive Full Reading of Ordinances on Agenda
2. Approval of Minutes – Regular Meeting – 03/24/2020
3. Attachment to Regular Meeting Minutes of March 24, 2020
4. Approve Proclamations Requested by San Bernardino County Children’s Network, Donate Life California and the Inland Empire Prayer Breakfast
APPROVE THE PROCLAMATION REQUESTS FROM THE SAN BERNARDINO COUNTY CHILDREN’S NETWORK, DONATE LIFE CALIFORNIA AND THE INLAND EMPIRE PRAYER BREAKFAST.
D. PUBLIC COMMENT
None.
E. CITY COUNCIL COMMUNICATIONS
Council Member Jeff Allen
Council Member Jeff Allen expressed his condolences and wishes for health and safety to all of those who have been affected by the coronavirus. He also wanted to thank all of the healthcare workers, first responders, CERT, C.O.P.S. and volunteers who stand
ready to help. He took the time to walk the community and noticed a lot of spring cleaning has been going on in the city. He encouraged residents to clean up after themselves and follow the City’s Municipal Code when disposing of waste. The City would be happy to provide
you the resources needed to properly dispose of hazardous materials.
Council Member Bill Hussey
Council Member Bill Hussey hoped everyone had a blessed Easter and was able to worship at home. He wanted to thank those individuals still working maintaining the City, open essential businesses and those maintaining the supply lines to provide the
community’s daily needs. His prayers go out to everyone who is or has a family member that is ill.
D.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
A
p
r
1
4
,
2
0
2
0
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 April 14, 2020
City of Grand Terrace Page 3
Council Member Sylvia Robles
Council Member Sylvia Robles attended a remote meeting of the League of California
Cities Revenue and Taxation Board held Thursday, April 2, 2020 and discussed the
following:
• State to defer sales tax revenues from businesses which will impact cities.
• The South Dakota v. Wayfair decision regarding internet sales tax which may help local cities.
• Local impacts of COVID-19 regarding property taxes.
• State impacts, no new spending, and the State to revert back to baseline spending levels.
Mayor Pro Tem Doug Wilson
Mayor Pro Tem Doug Wilson thanked everyone who stayed home and those who
voluntarily participated in the mask program before it became mandatory. His wife is
making a lot of cloth masks and he commented on the many sewing groups in the area that he believes is in the process of doing the same thing. This is a time when the City can draw upon some of those hidden talents that will not only benefit the City but others. He appreciates the staff and their wiliness to work with the Council and to get its remote
meetings up and running.
Mayor Darcy McNaboe
Mayor Darcy McNaboe attended the San Bernardino County Transportation Authority (SBCTA) and Omnitrans Board of Directors meetings remotely.
The overarching discussion was the way to approach projects that are already in
progress and funding for those seems to be holding. SBCTA will be looking at its Measure I Street Program allocations and cities have already begun receiving notification.
Discussion was held regarding Measure I revenues in the future, creating a better
model projection and how it might affect those projects in the near future. SBCTA will be moving forward with the Mt. Vernon Viaduct Project which is a major project for this region.
Omnitrans changed the way its loading passengers onto buses by bringing them in through the rear doors to keep a safe distance from the driver and no fares are being collected at this time. Omnitrans ridership has decreased with the stay at home order. It has put out a number of informational resources regarding routes that are either decreasing service or stopped altogether during this time.
On April 14, 2020, Mayor McNaboe was on a conference call with the Board of Supervisors and Chair Curt Hagman regarding the following:
D.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
A
p
r
1
4
,
2
0
2
0
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 April 14, 2020
City of Grand Terrace Page 4
• Increase the number of COVID-19 tests throughout the regions.
• Request for more information about those that are tested.
• Have some of the testing brought online that will increase the number of tests that can be completed within an hour.
• An economic recovery plan.
• Housing for homeless. Mayor McNaboe thanked all of those in the community showing good will towards
others and checking in on their neighbors making sure they have what they need,
keeping distance at the stores, and providing a nod and a wave while walking with masks on.
F. PUBLIC HEARINGS - NONE
G. UNFINISHED BUSINESS - NONE
H. NEW BUSINESS
5. Ordinance Amending Titles 4, 5, 6, 8, 10, 12, and 13 of the Grand Terrace Municipal Code to Authorize the Adoption of Certain Fees and Deposits by Resolution
Cynthia Fortune, Assistant City Manager gave the PowerPoint presentation for this item.
INTRODUCE, WAIVE READING OF, DIRECT THE CITY ATTORNEY TO READ BY TITLE ONLY THE ORDINANCE ENTITLED “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA AMENDING
SECTIONS IN TITLES 4, 5, 6, 8, 10, 12, AND 13 OF THE GRAND TERRACE MUNICIPAL CODE TO AUTHORIZE THE CITY COUNCIL TO ADOPT CERTAIN FEES AND DEPOSITS BY RESOLUTION”
RESULT: APPROVED [UNANIMOUS]
MOVER: Doug Wilson, Mayor Pro Tem
SECONDER: Jeff Allen, Council Member
AYES: McNaboe, Wilson, Robles, Hussey, Allen
6. Approval of an Agreement with the County of San Bernardino for the Implementation and Operation of Biometric Identification Systems (CAL-ID) and DNA Services for the
Period of July 1, 2020 to June 30, 2030
Cynthia Fortune, Assistant City Manager gave the PowerPoint presentation for this item.
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA AUTHORIZING THE APPROVAL OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR THE IMPLEMENTATION AND OPERATION OF BIOMETRIC
D.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
A
p
r
1
4
,
2
0
2
0
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 April 14, 2020
City of Grand Terrace Page 5
IDENTIFICATION SYSTEMS (CAL-ID) AND DNA SERVICES FOR THE PERIOD OF JULY 1, 2020 TO JUNE 30, 2030.
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Hussey, Council Member
SECONDER: Doug Wilson, Mayor Pro Tem
AYES: McNaboe, Wilson, Robles, Hussey, Allen
7. Update for the I-215/Barton Road Interchange Project
Alan French, Director of Public Works gave the PowerPoint presentation for this item.
1) RECEIVE AND FILE THE UPDATE.
RESULT: APPROVED [UNANIMOUS]
MOVER: Darcy McNaboe, Mayor
SECONDER: Doug Wilson, Mayor Pro Tem
AYES: McNaboe, Wilson, Robles, Hussey, Allen
8. COVID-19 Update and Impacts of Local Emergency
G. Harold Duffey, City Manager gave the PowerPoint presentation for this item.
RECEIVE AND FILE.
RESULT: APPROVED [UNANIMOUS]
MOVER: Darcy McNaboe, Mayor
SECONDER: Bill Hussey, Council Member
AYES: McNaboe, Wilson, Robles, Hussey, Allen
I. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE
J. CITY MANAGER COMMUNICATIONS
G. Harold Duffey, City Manager announced the following:
• On April 8, 2020, the American Red Cross collected 22 pints of blood which
equates to 66 lives saved and thanked the residents of Grand Terrace.
• On April 14, 2020 beginning at 10:00 am, Assemblymember Eloise Reyes conducted a COVID-19 Teleconference Town Hall Services regarding criminal Justice during COVID-19.
• On April 16, 2020 beginning at 4:00 pm, Congressman Pete Aguilar will host a Telephone Town Hall on COVID-19 Resources for Small Businesses
D.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
A
p
r
1
4
,
2
0
2
0
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 April 14, 2020
City of Grand Terrace Page 6
Coronavirus – How to Protect Yourself:
• Wash your hands
• Avoid touching eyes, mouth and nose
• Cover your nose and mouth
• Clean and disinfect surfaces
K. RECESS TO CLOSED SESSION
Mayor McNaboe recessed the regular meeting of the City Council at 7:15 p.m.
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Government Code Section 54956.8
Properties: 22317 Barton Road, APN 1167-231-01 22273 Barton Road, APN 1167-231-02
22293 Barton Road, APN 1167-311-01
City Negotiators: G. Harold Duffey, City Manager Adrian Guerra, City Attorney Negotiating parties: Greens Group, Inc. Under negotiation: Price and terms of payment
2. CONFERENCE WITH LABOR NEGOTIATORS, pursuant to Government Code Section 54957.6
Agency Designated Representatives: G. Harold Duffey, City Manager
Adrian R. Guerra, City Attorney
Colin Tanner, Deputy City Attorney Employee Organization: Teamsters Local 1932 Unrepresented Employees: City Manager, Assistant City Manager, City Clerk, Director of Public Works, Director of
Planning & Development Services,
Management Analyst, (Two Positions), Assistant Planner
RECONVENE TO OPEN SESSION
Mayor McNaboe reconvened the regular meeting of the City Council at 8:03 p.m.
REPORT OUT OF CLOSED SESSION
Mayor McNaboe announced there was no reportable action and direction was provided to staff.
D.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
A
p
r
1
4
,
2
0
2
0
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 April 14, 2020
City of Grand Terrace Page 7
L. ADJOURN
Mayor McNaboe adjourned the Regular Meeting of the City Council at 8:05 p.m. in
memory of Grand Terrace Resident, Pete Anagnostopoulos. The Next Regular City
Council Meeting will be held on Tuesday, April 28, 2020 at 6:00 p.m.
_________________________________
Darcy McNaboe, Mayor
_________________________________
Darcy McNaboe, City Clerk
D.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
A
p
r
1
4
,
2
0
2
0
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● APRIL 14, 2020
Council Chamber Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace
ATTACHMENTS TO
April 14, 2020
City Council Minutes
PowerPoint Presentations
D.3
Packet Pg. 15
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Grand Terrace
Municipal Code
Amendment
April 14, 2020
2030 Vision Statement
•Goal #1 – “Ensuring our Fiscal
Viability” by ensuring
appropriate cost recovery for
services provided.
D.3
Packet Pg. 16
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
BACKGROUND
•California State Law establishes that City
Council may institute reasonable fees for the
processing of permits and regulatory
activities,
•As long as the fees do not exceed the amount
reasonably required to administer the
processing of the permits and regulatory
activities.
BACKGROUND
•The Grand Terrace Municipal Code (Code)
set forth the fee amounts that the City may
charge for the various permits, licenses,
services, etc., for the City.
•The Code requires that any changes,
revisions, updates have to be established by
ordinance, and revised by ordinance.
D.3
Packet Pg. 17
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
DISCUSSION
•The Grand Terrace Municipal Code
(Code) set forth the fee amounts that
the City may charge for the various
permits, licenses, services, etc., for
the City.
•Staff is proposing that Titles in the
Code that set fees be amended.
Ordinance vs. Resolution
Ordinance
• Used to designate law;
• Reading of the title,
adopted by majority vote
of Council;
•1st Reading;
•2nd Reading, adoption of
Council;
• Takes effect on the 31
st
day following adoption.
Resolution
• Used to approve
administrative actions;
• Establishment of fees
are subject to change
to effectively allow for
cost recovery;
• Effective immediately.
D.3
Packet Pg. 18
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
FEES set by Resolution
•Staff will make recommendations based on
actual costs incurred;
•Fees will be submitted to City Council annually
for their review and approval;
•A comprehensive Fee Schedule will be
submitted for Council’s review during the
annual budget process.
STAFF RECOMMENDATION
•Introduce & conduct 1st Reading, by
title only, the proposed ordinance
amending Titles 4, 5, 8, 10, 12 & 13.
•If approved, staff for return for a 2nd
Reading & adoption of the fees by
Resolution.
D.3
Packet Pg. 19
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Notes:
•This is part of City Council’s
Top Priority Projects List;
•No fees are proposed to be
revised or adjusted at this
time.
Questions?
D.3
Packet Pg. 20
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
April 14, 2020
FY 2020-21
2030 VISION
STATEMENT
•Ensuring fiscal viability through
the review & monitoring of
contractual agreements &
expenditures ; and
•Maintaining public safety by
ensuring adequate tools for our
law enforcement for them to
provide efficient police services.
D.3
Packet Pg. 21
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
•Since 2002, Grand Terrace
has contracted with the
Sheriff’s Dept. for
participation in the CA Dept.
of Justice’s (DOJ) automated
system for retaining and
identifying fingerprints,
•Palm prints, iris enrollments
and DNA.
•This system is known as the
California Identification
System (CAL-ID).
D.3
Packet Pg. 22
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
BENEFITS OF CAL-ID
•Search & verification of criminal
fingerprints, palm prints, photos
submitted by the Sheriff’s dept.;
•Provides certified copies of
fingerprints for use in civil legal
proceedings & administrative
hearings;
BENEFITS OF CAL-ID
•Provides expedited search of said
fingerprints, photos when needed
for criminal justice and other
public safety purposes.
D.3
Packet Pg. 23
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
NOTES •Agreement will take effect on
July 1, 2020 and will be valid
through June 30, 2020.
•Annual Cost for FY2020-21 is
$14,931.72.
•Staff is requesting approval of
the contract & authorization
for the City Manager to
execute the contract.
D.3
Packet Pg. 24
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
D.3
Packet Pg. 25
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Background
•Total Project costs is about $106,000,000
•$9,000,000 Engineering/Reports
•$47,400,750 Construction
•$37,000,000 Utility/Right of Way Acquisition
•$13,000,000 Construction Management
•550 working days
•88% completed as of March 11, 2020
•Caltrans is Managing Construction
•Commerce Way is Re-aligned
D.3
Packet Pg. 26
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Discussion
•Funding provided by SBCTA
and Federal Grant
•Project is Scheduled to be
Completed by June 10
•Enhancements
•Mountain Range Barrier
•City Logo on the Bridge
•Decorative Lights on Bridge
•Round-a-bout
•Upgrade to Signals and Adds
a signal at Grand Terrace Road
•Improves Safety
•Adds LED Street
Lights
•Improves Traffic
Flow
D.3
Packet Pg. 27
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Discussion
•Pavement
•Barton will be Repaved
with a Rubberized
Pavement
•Limits are from Grand
Terrace Road to Town
Center
•Utilities
•There were 8 different
Utility Agencies
•Improves Rideability
and Noise
•Connects to
Commerce
•Undergrounded
Overhead Lines
D.3
Packet Pg. 28
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Questions?
D.3
Packet Pg. 29
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
D.3
Packet Pg. 30
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
ccpubliccomment@grandterrace‐ca.gov
March 18, 2020 City Manager
issued Proclamation of a Local
Emergency for ratification by City
Council on March 24, 2020.
Update to City Council on
COVID‐19
D.3
Packet Pg. 31
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Update to City Council on
COVID‐19
Work with Local Experts
County Public Health Officer
County of San Bernardino
California Office of Emergency Services
Daily contact with our First Responders –
County of San Bernardino Fire Department County
of San Bernardino Sheriff’s Department
Operational Area Emergency Operations Center
Update to City Council on
COVID‐19
Allowed City Staff to Post
Relevant Information on Social
Media to Keep Council and
Public Informed
D.3
Packet Pg. 32
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
City’s Operations)
Helping our Most Vulnerable
Population
Working With Local Churches to Feed
Seniors
Working With School District to
Publicize Their Breakfast and Lunch
Program for Students
City Hall Doors Closed by Still Open For Business
Parks Remain Closed
County Library Closed
Receiving Enhanced Law Enforcement Services
6
D.3
Packet Pg. 33
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
At the End of My
Presentation Will be an
Opportunity for Public and
Council to ask our First
Responders Questions
D.3
Packet Pg. 34
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
ccpubliccomment@grandterrace‐ca.gov
Battalion Chief Steve Tracy Jodi Millier, PIO SBCSD
Staff Impacts
We have activated the Citizens
Emergency Response Team (CERT)
All Employees are Disaster Relief
Employees and Can be Mobilized
Determining Essential Employees
Utilizing AM 1640 Radio
Channel 3
Internet/Facebook
D.3
Packet Pg. 35
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Impacts to Our Budget
12
D.3
Packet Pg. 36
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
13
14
D.3
Packet Pg. 37
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
15
January thru June revenues will be
impacted by Economic Shutdown from
COVID‐19. Staff will take appropriate actions
to reduce expenditures. Staff will return to
the Council on April 24 with Options to fill
any funding shortfalls.
tinyurl.com/COVID19‐92313
D.3
Packet Pg. 38
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
tinyurl.com/COVID19‐92313
https://www.grandterrace‐
ca.gov/cms/One.aspx?portalId=12337339&pageId=16540998
County Public Health
Officer Information
Center or Disease Control
(CDC)
Information Video’s
Resources for Vulnerable
Population
Dynamic Information‐
Updated on Regular Basis
Questions
D.3
Packet Pg. 39
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
ccpubliccomment@grandterrace‐ca.gov
Battalion Chief Steve Tracy Jodi Miller, PIO SBCSD
D.3
Packet Pg. 40
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
City Manager’s Update
4/14/2020
April 8, 2020
22 pints collected = 66 lives saved
Residents of Grand Terrace, Thank you!
D.3
Packet Pg. 41
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
D.3
Packet Pg. 42
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
D.3
Packet Pg. 43
Co
m
m
u
n
i
c
a
t
i
o
n
:
A
t
t
a
c
h
m
e
n
t
t
o
M
i
n
u
t
e
s
-
R
e
g
u
l
a
r
M
e
e
t
i
n
g
o
f
A
p
r
i
l
1
4
,
2
0
2
0
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
AGENDA REPORT
MEETING DATE: April 28, 2020 Council Item
TITLE: City Department Monthly Activity Report - March 2020
PRESENTED BY: G. Harold Duffey, City Manager
RECOMMENDATION: Receive and file.
2030 VISION STATEMENT:
This staff report identifies the monthly tasks associated with the delivery of projects to
support City Council’s Goals 1) Ensure Our Fiscal Viability - Explore Creative Means to Provide Services and 4) Develop and Implement Successful Partnerships - Work with
Local, Regional and State Agencies to secure Funding for Programs and Projects.
BACKGROUND: The City Council of Grand Terrace established a 2030 Vision for the City of Grand
Terrace and followed up with a 2014-2020 Strategic Plan. The Strategic Plan is a
roadmap to ensure that the City remains on target and reaches its overall goals. The
2030 Vision and Strategic Plan will be achieved as staff accomplishes tasks and
projects that are aligned with the 2030 Vision goals. The goals include:
• Ensure Our Fiscal Viability
• Maintain Public Safety
• Promote Economic Development
• Develop and Implement Successful Partnerships
• Engage in Proactive Communications
DISCUSSION:
This Monthly report includes March 2020 data for each department in the City. The
number of projects and activities reported do not reflect everything staff is doing but
rather highlights things they have worked on in the past month which may be of interest
to City Council and the public. This report is updated monthly and posted to the City’s
website on the fourth week of each month. The March report reflects the first real service level data, since the COVID-19 National, State and Local Emergency
declarations.
FISCAL IMPACT: The Monthly report has no fiscal impact. The monthly reports do not provide budgetary
status. The Finance Department will continue to produce individual monthly financial
reports which are separate from the Department monthly reports.
ATTACHMENTS:
• Dept. Monthly Report-March 2020 (PDF)
D.4
Packet Pg. 44
APPROVALS:
G. Harold Duffey Completed 04/23/2020 9:40 AM
City Attorney Completed 04/23/2020 10:21 AM
Finance Completed 04/23/2020 2:31 PM
City Manager Completed 04/23/2020 5:25 PM
City Council Pending 04/28/2020 6:00 PM
D.4
Packet Pg. 45
MONTHLY REPORT
March 2020
PRESENTED BY
THE CITY MANAGER’S OFFICE
D.4.a
Packet Pg. 46
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Organizational Chart .............................................................................. 2
City Clerk ............................................................................................... 3
Committee/Commissions .............................................................. 8
City Manager ....................................................................................... 9
Senior Center ............................................................................. 13
Senior Bus Program ................................................................... 16
Communications ......................................................................... 21
Planning and Development .................................................................. 25
Code Enforcement .......................................................................41
Weekend Code ............................................................................42
Parking/Graffiti .............................................................................42
Animal Control .............................................................................44
Public Works .........................................................................................46
Maintenance ................................................................................48
Citizen Response System (Work Orders)....................................48
Park Maintenance ........................................................................54
Sheriff’s Contract ..................................................................................59
San Bernardino County Fire..................................................................61
Page | 1
D.4.a
Packet Pg. 47
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
CITY MANAGER
Organization Chart
City Manager
City Clerk Planning & Development Public Works Finance Public Safety
Agenda Processing Land Use Planning Engineering Accounting Fire District
Elections Planning Commission NPDES Budgeting & Purchasing Law Enforcement
Records Management Building & Safety Storm Drain Maintenance Payroll
FPPC Filings Code Enforcement
Facilities Maintenance Treasury
Public Records Enforcement Program
Parks Maintenance
Senior Bus Program
Page | 2
D.4.a
Packet Pg. 48
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
City Clerk
•Agenda Processing
•Elections
•Records Management
•FPPC Filings
•Public Records
Page | 3
D.4.a
Packet Pg. 49
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
DATE: April 20, 2020
TO: G. Harold Duffey, City Manager
City Manager’s Office
FROM: Debra Thomas, City Clerk
City Clerk’s Office
SUBJECT: MARCH 2020 CITY CLERK MONTHLY REPORT
This monthly report is presented to the City Manager to keep him informed of the activities and responsibilities within the City Clerk’s Department over the last six (6) months.
The City Clerk’s Office is staffed with two (2) positions that include the City Clerk and its Department Secretary. The primary responsibilities for this department are Council Support Services, Records Management, Administrative Processing, Board Administration and Election Services. Each of these functions require a collaborative effort between the department staff to ensure that all components within the process are completed from origin to file. As the official
records manager for all City documents it is imperative that this process be accurate to ensure the preservation of the City’s history.
AGENDAS/POSTINGS
The City Clerk is responsible for preparing agendas and postings for all City Council Regular
and Special Meetings, as well as for the Housing Authority and Successor Agency to the Community Redevelopment Agency.
The total number of agendas processed for the month of March 2020 is two (2), spending a total of ten (16) hours preparing the agenda packet producing 559 pages.
AGENDA PROCESSING/POSTING
MONTH Regular Meeting Special Meeting Totals
October 2 0 2
November 1 0 1 December 1 0 1
January 2 2 4
February 2 0 2
March 2 0 2
Total Processed 10 2 12
Page | 4
D.4.a
Packet Pg. 50
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
RESOLUTIONS & ORDINANCES
The City Clerk is responsible for the security of all official City records including Resolutions. Additionally, it is the City Clerk’s responsibility to ensure those Resolutions are executed, certified and published, when appropriate.
It is also the responsibility of the City Clerk to ensure all City Council Ordinances presented to Council have been certified and made available for review by the public. The City Clerk must coordinate with the local adjudicated newspaper to publish Ordinance summaries for its first and second readings.
The number of Resolutions processed for the month of March 2020 is one (1) and the number
of Ordinances processed for the month of March is zero (0).
RESOLUTIONS AND ORDINANCES PROCESSED
RESOLUTIONS ORDINANCES MONTHLY TOTALS
October 2 2 4
November 2 1 3
December 1 0 1
January 1 1 2
February 3 0 3 March 1 0 1
Total Processed 10 4 14
RECOGNITION ACTIVITY
Its purpose is to recognize individuals, groups and events of significance to the Grand Terrace
community by the issuance of Certificates, Recognition, Acknowledgment and Commendation
Pins. It is the responsibility of the City Clerk to ensure that all signatures of City Council are
obtained on the document, coordinate attendance at Council meetings for the individual, group or event representative to accept the recognition, as well as prepare Council with all necessary information to present the recognition if presentation will be held at another venue.
For the month of March 2020, twenty-four (24) Certificates of Recognition and one (1) In Memoriam Adjournment were prepared on behalf of the City Council.
Month Certificate of Acknowledgment w/Pin
Certificate of Recognition w/Pin
Commendation w/Pin In Memoriam Adjournments Certificate of Participation Proclamation Total
October 1 0 0 0 0 2 3
November 0 0 0 0 0 1 1
December 0 0 0 2 0 0 2
January 0 28 0 1 0 1 30
February 0 2 1 2 0 1 6
March 0 24 0 1 0 0 25
Total 1 54 1 6 0 5 67
Page | 5
D.4.a
Packet Pg. 51
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
CONTRACTS AND AGREEMENTS PROCESSED
The City Clerk works closely with the City Council and is responsible for processing follow-up documentation. Management of these documents include contracts and agreements and it is the responsibility of the City Clerk to obtain signatures, distribute originals, log, scan and file.
For the month of March 2020, Council approved two (2) agreements.
CONTRACTS & AGREEMENTS PROCESSED
October 5
November 1
December 0 January 0
February 1
March 2
Total 9
RECORDS REQUESTS
The City Clerk’s office received five (5) Requests for Copies of Public Records for the month of
March 2020. All five (5) requests were completed within the Government Code Section
6253(c)’s requirement of ten (10) calendar days. The total number of pages provided in
response to those requests were 1,017 with one (1) letter to Requestor advising there were no
records responsive to the request.
RECORDS REQUEST SUMMARY
Month Requests Received Completed Within 10 Days
Completed with 14-Day Extension
# of Pages Provided
Letter to Requestor –NoRecords
October 10 9 1 555 0
November 12 8 2 78 2
December 5 5 0 104 0
January 23 19 4 104 2
February 8 8 0 16 4
March 5 5 0 160 1
Total Requests 63 54 7 1017 9
Page | 6
D.4.a
Packet Pg. 52
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
CUSTOMER SERVICE – TELEPHONE CALLS
The City Clerk is responsible for receiving and responding to inquiries and external customer service requests, communicating, coordinating and responding to internal department requests, external agency cooperation and legislative bodies.
For the month of March 2020, the City Clerk’s office responded to 411 telephone calls from residents, contractors, vendors, consultants and in-house customer service assistance to City staff.
TELEPHONE CUSTOMER SERVICE
October 508
November 371 December 268
January 265
February 351 March 411
Total Calls 2,174
HISTORICAL & CULTURAL COMMITTEE ACTIVITY
The Historical and Cultural Activities Committee preserves the history of Grand Terrace and facilitates cultural activities for the benefit of all citizens in the City. The City Clerk serves as a liaison facilitating communication between the committee and City Manager and City Council, maintains the committee minutes of its proceedings and provides support for the Annual Art Show, Country Fair and City Birthday Party.
Month Committee Meeting
Emails w/Committee Members & Vendors
Written Correspondence w/Committee Members
Telephone Calls with Committee Members & Vendors
Art Show/Country Fair & City Birthday Prep & Attendance
Total # of Hours
October 1.0 1.0 .5 1.5 0 4.0
November 1.5 1.0 .5 1.5 7.0 11.5
December 1.5 1.0 .5 1.5 4.0 8.5
January 0 1.0 .5 .5 0 2.0
February .5 0 .5 0 1.0 2.0
March 1.0 0 .5 0 0 1.5
TOTAL # HOURS 5.5 4.0 3.0 5.0 12.0 29.5
Page | 7
D.4.a
Packet Pg. 53
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
COMMITTEES/COMMISSIONS
The City Clerk is responsible for maintaining Appointed Committee/Commission Rosters and ensuring that all information is current and up-to-date for each. Listed below are the number of current Appointed City Committees/Commissions, including the number of alternates and vacancies that may exist:
COMMITTEES/COMMISSIONS
# OF
MEMBERS
# OF
ALTERNATES
# OF
VACANCIES
Historical & Cultural Activities Committee 7 0 0
Planning Commission 5 0 0
Parks & Recreation Committee 5 0 0
Page | 8
D.4.a
Packet Pg. 54
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
City Manager’s Office
•City Manager’s Office
•Human Resources
•Senior Center
Page | 9
D.4.a
Packet Pg. 55
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
DATE: April 22, 2020
TO: G. Harold Duffey, City Manager
City Manager’s Office
FROM: Cynthia A. Fortune, Assistant City Manager
SUBJECT: March-2020 Monthly Services Report
This monthly report is presented to the City Manager to keep the City Manager and Policy Makers
informed of the activities within the City Manager’s Office and programs administered by the office to
meet service demands. The tasks and projects identified within the monthly report represent programs
administered by the City Manager’s Office. The projects identified in this report do not represent the City
Manager’s Office’s larger policy and fiscal oversight. Reports on those issues are presented to the Council
in separate and distinct reports. The attached monthly report addresses the City Manager’s Office
administration of the following activities:
Human Resources
Senior Center
Finance (currently ACM is Acting Finance Director)
IT and Communications
OUR MISSION
To preserve and protect our community and its exceptional quality of life through thoughtful planning,
within the constraints of a fiscally responsible government.
OUR VISION
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.
Page | 10
D.4.a
Packet Pg. 56
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
HUMAN RESOURCES
Mission: It is the mission of human resources to support the organization in meeting its mission and goals through
one of its most valuable resources - its PEOPLE.
Values:
Develop An attitude of teamwork and quality in our day-to-day operations and create an atmosphere that fosters camaraderie, fellowships, challenges, and safety.
Increase Participation in City and community activities while seeking knowledge, enthusiasm and an
improved quality of life for ourselves, co-workers and the community.
Respect
Team member values that may be different from our own and accept responsibility for promoting ethical and legal conduct in personal and business practices.
Communicate In a candid and fair manner with the diverse workforce from whom our City derives its strength.
CORE SERVICES 1.Hiring the most qualified employees by: pre-planning staffing needs, ensuring an effectiveinternal interview process, conducting thorough reference checks.
2.Properly balancing the needs of the employees and the needs of the organization.3.Ensuring a diverse workforce in a safe and discrimination/harassment free environment by:maintaining compliance with employment laws and government regulations, providingmanagement and employee training, and developing policies and procedures.4.Providing training and development in areas of: effective leadership and career development
of employees, and, employment law and government regulation.5.Retaining our valued employees by: assuring effective leadership qualities in our managers;furnishing technical, interpersonal and career development training and coaching; supplyingrelevant feedback to management; and enhancing two-way communication between employeesand management.
Page | 11
D.4.a
Packet Pg. 57
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
TABLE 1 Recruitment Activity
Description
Jul- 2019 Aug- 2019 Sept- 2019 Oct- 2019 Nov- 2019 Dec- 2019
Recruitments Initiated 2 0 1 0 1 1
Recruitments in Progress 4 0 1 0 0 0
Recruitments Pending 0 0 0 0 0 0
Applications Processed 4 0 0 0 3 0
New Hires Processed 2 2 0 0 0 0
Description
Jan- 2020 Feb- 2020 Mar- 2020 Apr- 2020 May- 2020 Jun- 2020
Recruitments Initiated 1 0 1
Recruitments in Progress 0 0 1
Recruitments Pending 0 0 0 Applications Received/Processed 23 0 0
New Hires Processed 1* 0 0
*Hire of Office Specialist for the City Clerk’s Department.
TABLE 2 Employee Job Performance Activity
Description
Jul- 2019 Aug- 2019 Sept2019 Oct- 2019 Nov- 2019 Dec- 2019
Evaluations Processed 0 0 0 0 0 0
Description
Jan- 2020
Feb- 2020
Mar- 2020
Apr- 2020
May- 2020
Jun- 2020
Evaluations Processed 0 0 0
TABLE 3 Benefits Activity
Description
Jul- 2019 Aug- 2019 Sept- 2019 Oct- 2019 Nov- 2019 Dec- 2019
Employee Changes/Inquiries 1 3 0 0 0 0
ADP Change Transactions 1 4 0 0 0 0
Description
Jan- 2020 Feb- 2020 Mar- 2020 Apr- 2020 May- 2020 Jun- 2020
Employee changes/Inquiries 1 2 0
ADP Change Transactions 1 2 0
Page | 12
D.4.a
Packet Pg. 58
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
SENIOR CENTER
Mission:
To provide recreational, educational and social activities for the seniors in the community and to enrich our seniors lives through friendship, activities, education and nourishment.
Core Values: Seniors are recognized as a valuable asset.
Seniors have the opportunity to contribute and expand their talents and knowledge. Seniors strengthen our community and benefit personally by their involvement.
Seniors have access to a full spectrum of services, including social, emotional, educational and recreational opportunities appropriate to their unique needs and interests.
Seniors are treated respectfully and with dignity. Senior of all economic circumstances are served.
TABLE 1 - Senior Center Activities
Description Jul- 2019 Aug- 2019 Sept- 2019 Oct- 2019 Nov- 2019 Dec- 2019
Nutrition Program (# of meals served) 580 594 490 579 503 543
Arts and Crafts Classes 26 31 36 25 24 30
Bingo 41 45 54 49 51 48
Bridge 27 32 32 28 24 23
Bunco 27 33 72 28 24 38
Coffee with Megan 71 57 39 61 56 58
Exercise Classes 79 108 114 90 75 81
Garden Club 10 7 10 11 8 10 Morning Glories (quilting) 23 26 26 27
0
25 23 Movies with Solomon 0 0 0 0 0 0 Paint Classes 8 10 10 12
1
18 16 Card Game Night (Wednesday) 15 22 70 21 20 17 Zumba 46 0 45 40 28 35
Kings Corner 49 61 70 62 45 30 Cribbage 11 17 18 16 10 0 Cell Phone Class 7 8 12 12 15 11 Loteria - 24 - 24 21 25
SPECIAL EVENTS
Monthly Birthday Celebration 26 31 25 29 23 25
Entertainment (2nd Fri. each mo.) 25 24 15 29 49 31
Volunteer Meeting 16 0 26 0 0 0 Hydration Station 42 32 0 0 0 0 Bus Pass Distribution 32 0 35 28 23 0
4th of July Party / Sept Pizza Party / 41 - 49 - - - Health Screening 26 24 20 0 0 10 Christmas / Holiday Celebration - - - - 57 55 Monthly Summary Attendance (Accounts for a senior participating in any activity/program. One
senior may have participated in 2 or more programs, not including meals.)
Page | 13
D.4.a
Packet Pg. 59
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Description
*Jan
-2020 *Feb2020
**Mar-2020 Apr- 2020
May- 2020
Jun- 2020
Nutrition Program (# of meals
served) - - 176
Arts and Crafts Classes - 32 -
Bingo - 36 -
Bridge - - -
Bunco - - -
Coffee with Shari - 46 -
Exercise Classes - 208 -
Garden Club - - - Morning Glories (quilting) - - - Movies with Solomon - - - Paint Classes - 12 - Card Game Night (Wednesday) - - - Zumba - - - Kings Corner - - -
Cribbage - - - Cell Phone Class - - - Loteria - 13 -
SPECIAL EVENTS
Monthly Birthday Celebration - 21 -
Entertainment (2nd Fri. each mo.) - - -
Volunteer Meeting - - - Hydration Station - - - Bus Pass Distribution - - - 4th of July Party / Sept Pizza Party - - -
Health Screening - - -
Monthly Summary Attendance (Accounts for a senior participating in any activity/program. One
senior may have participated in 2 or more programs, not including meals.)
*- Due to a transition in staff at the Senior Center in the month of January 2020, we were not able to
obtain complete information for January and February 2020 for the Senior Center Activities.
** - Due to COVID-19, the Senior Center will only be providing limited meals.
Page | 14
D.4.a
Packet Pg. 60
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
0
100
200
300
400
500
600
700
800
900
July August September October November December
580 594
490
579
503 543
739
860 980 1171 1299
783
Monthly Summary (2019-20)
July-2019 -December-2019
# of Meals Served Activity Attendance
0
100
200
300
400
500
600
700
800
900
January February March April May June
176
416
Monthly Summary (2019 -20)
January-2020 -June-2020**
# of Meals Served Activity Attendance
*- Due to a transition in staff at the Senior Cente r in the month of January 2020, we were not able to
obtain complete information for January and February 2020 for the Senior Center Activities.
** - Due to COVID-19, the Senior Center will only be providing limited meals.
Page | 15
D.4.a
Packet Pg. 61
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
TABLE 2 Senior Center Blue Mountain Silver Liner
# of Passengers
Description
Jul- 2019 Aug- 2019 Sept- 2019 Oct- 2019 Nov- 2019 Dec- 2019
Within City Limits (Senior Center, Stater Brothers, Library)
188 222 87 220 129 114
Outside City Limits (Walmart, 99cent store, Ross) 149 159 60 168 92 68
Special Events/Trips 20 20 0 14 12 0
Description
Jan- 2020 Feb- 2020 Mar- 2020 Apr- 2020 May- 2020 Jun- 2020
Within City Limits (Senior Center, Stater Brothers, Library)
117 139 147
Outside City Limits (Walmart, 99cent store, Ross) 172 121 72
Special Events/Trips 0 5 23
TABLE 3 # of Rides
Description
Jul- 2019 Aug- 2019 Sept- 2019 Oct- 2019 Nov- 2019 Dec- 2019
Within City Limits (Senior Center, Stater Brothers, Library)
363 448 207 331 254 238
Outside City Limits (Walmart, 99cent store, Ross) 310 376 136 282 170 233
Special Events/Trips 40 40 0 30 21 0
Description Jan- 2020 Feb- 2020 Mar- 2020 Apr- 2020 May- 2020 Jun- 2020
Within City Limits (Senior Center, Stater Brothers, Library)
210 280 222
Outside City Limits (Walmart, 99cent store, Ross) 296 238 56
Special Events/Trips 0 10 46
Page | 16
D.4.a
Packet Pg. 62
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
53%45%
2%
February 2020 Rides
Within CL
Outside CL
Special Trips
69%
17%
14%
March 2020 Rides
Within CL
Outside CL
Special Trips
Page | 17
D.4.a
Packet Pg. 63
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Oct-17 7%5%
FINANCE
Mission:
To efficiently and effectively manage the City’s finances, preserve its assets by conforming to the highest ethical standards, implement sound internal controls, and provide meaningful, timely, and accurate financial reporting.
Values: Transparency (Accessibility of Information):
The Finance Department will ensure openness, clarity and comprehensibility when providing reliable, relevant and timely financial information to the public.
Integrity (Reliability on Information Provided): The Finance Department commits adherence to the highest ethical standards. The financial services provided will be honest, fair, and unbiased.
Quality (Commitment to Excellence): The Finance Department will deliver financial services expeditiously and provide valuable
support services to other departments and the community.
Teamwork (Mutual Respect and Cooperation):
The Finance Department will work together collaboratively with others, recognize the role and contribution each person makes, and provide assistance as necessary to achieve the City’s 2030
Mission, Vision and Goals.
CORE SERVICES The Finance Department has 4 core services: Accounting, Purchasing, Revenue Management and Treasury. The Finance Department works in partnership with other departments to effectively develop,
manage and safeguard the City’s fiscal resources to enable and enhance the delivery of City services and projects.
1.Disbursements – to facilitate timely and accurate payments of the City’s financial obligationswhich includes vendor payments, employee and resident reimbursements, and payroll.2.Financial Reporting – to provide accurate and meaningful reporting on the City’sfinancial condition through the City’s monthly and annual financial reports.3.Purchasing – to authorize the purchase of quality products in a cost-effective manner.
4.Revenue and Treasury Management – to bill and collect revenue while providing cost- effectivefinancing, investments and cash collection of the City’s resources to enhance the City’sfinancial condition.
Page | 18
D.4.a
Packet Pg. 64
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
TABLE 1 Financial Activity
Description
Jul- 2019
Aug- 2019
Sept- 2019
Oct- 2019
Nov- 2019
Dec- 2019
Invoices Processed 14 109 99 157 130 110
Checks Issued 55 119 61 78 122 73
Purchase Orders Established 17 35 16 21 7 14
Revenue Receipts Recorded 48 31 18 43 36 60
Description
Jan- 2020
Feb- 2020
Mar- 2020
Apr- 2020
May- 2020
Jun- 2020
Invoices Processed 151 138 104
Checks Issued 80 62 57
Purchase Orders Established 24 10 9
Revenue Receipts Recorded 23 18 73
14
55
17
48
109
119
35 31
99
61
16 18
157
78
21
43
130
122
7
36
110
73
14
60
0
20
40
60
80
100
120
140
160
Invoices Processed Checks Issued P.Os Established Revenue Receipts Recorded
Financial Activity
Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19
Page | 19
D.4.a
Packet Pg. 65
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
FINANCIAL REPORTS SUBMITTED TO CITY COUNCIL:
Monthly:
1.Check Register; and2.General Fund Monthly Financial Report (revenues less expenditures).
Quarterly: 1.Business License Report; and2.Treasurer’s Report (current cash flow and fund balance); and
3.1st Quarter, Mid-Year and Year-end Financial Reports (General Fund).
Annual: Audited Annual Financial Reports for the following: 1.City – all Funds;2.Measure I – Fund 20;3.Air Quality Management District (AQMD) – Fund 15; and4.Housing Authority- Fund 52.
151
80
24 23
138
62
10
18
104
57
9
73
0
20
40
60
80
100
120
140
160
Invoices Processed Checks Issued P.Os Established Revenue Receipts Recorded
Financial Activity
Jan-20 Feb-19 Mar-20 Apr-20 May-20 Jun-20
Page | 20
D.4.a
Packet Pg. 66
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
COMMUNICATIONS
Mission:
To develop, implement and provide comprehensive internal and external communications for the City and its community.
Core Services:
Plan, organize and disseminate timely and accurate information and promote awareness of
City operations, services, programs, projects, events, and issues to the community.
Promote and provide positive and proactive media relations for the City. Disseminate news
materials in a timely manner.
Initiate and write press releases, public service announcements, articles and websites for
media distribution.
Maintain and improve the City’s website for distributing mass media information under
various situations.
Channel 3: Jul Aug Sep Oct Nov Dec
City Council Meeting Replays 62 62 60 62 60 48**
Activities/Items Added to Slideshow 0 4 7 8 3 1
Channel 3: Jan Feb Mar Apr May Jun
City Council Meeting Replays 62** 58 62
Activities/Items Added to Slideshow 4 4 7
Eblast Jul Aug Sep Oct Nov Dec
Number of E-newsletters Distributed 5 8 9 21 20 13
Number of Subscribers 678 679 682 690 693 693
Change in Subscribers 0 1 3 7 3 0
Number of E-newsletters Opened* No Data No Data No Data No Data No Data No Data
Eblast Jan Feb Mar Apr May Jun
Number of E-newsletters Distributed 23 19 15
Number of Subscribers 703 705 730
Change in Subscribers 10 2 25
Number of E-newsletters Opened* No Data No Data No Data
* New e-newsletter management system does not currently track emails opened.
** From December 17 – 24, Channel 3 was completely down due to an old/deficient modulator that needed to be replaced. From December 24 to January 3 there was video but no audio. 16 of the 48 council meetings had no sound. The 6 Council Meetings from Jan. 1 – 3 had no audio.
2019-2020 City Communications Data:
Page | 21
D.4.a
Packet Pg. 67
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Facebook Jul Aug Sep Oct Nov Dec
Posts 22 51 50 57 53 40
Total Reach 10,818 37,924 25,855 30,802 30,921 19,487
Total Engagement 1,375 7,872 1,856 8,093 2,624 2,371
Page Followers 1,974 2,008 2,038 2,080 2,127 2,136
New Page Followers 14 34 30 42 47 9
Facebook Jan Feb Mar Apr May Jun
Posts 38 56 27
Total Reach 27,938 50,559* 17,758
Total Engagement 1,969 5,373 1,740
Page Followers 2,144 2,180 2,207
New Page Followers 8 36 27
* A Facebook Post on February 13 discussing the Roundabout opening on February 14 reached 15,405people (views of the post) and 2,886 Engagements (interactions with the post)
5 Most Popular City Facebook Pages (By % of population) – San Bernardino County % of Pop.
1) Twentynine Palms 26.37%
2) Apple Valley 21.62%
3)Yucca Valley 19.93%
4)Grand Terrace 17.54%
5)Hesperia 15.84%
1,836 1,854 1,943 1,974 2,008 2,038 2,080 2,127 2,136
2,144 2,180 2,207
1,600
1,850
2,100
2,350
FACEBOOK PAGE
FOLLOWERS
Page | 22
D.4.a
Packet Pg. 68
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Twitter Jul Aug Sep Oct Nov Dec
Tweets 4 44 42 54 51 32
Impressions 3,201 11,252 8,840 13,300 22,270* 8,113
Followers 275 276 279 285 289 291
New Followers 22 1 3 6 4 2
Twitter Jan Feb Mar Apr May Jun
Tweets 32 54 17
Impressions 8,198 12,331 8,875
Followers 291 295 307 New Followers 0 4 12
*The San Bernardino County Health Officer some advisory for the Hillside Fire garnered 14,154
impressions on November 1st
YouTube Jul Aug Sep Oct Nov Dec
Video Uploads 0 6 2 3 3 5
Video Views 0 58 27 783 208 120
Subscribers 135 137 139 145 147 149
Change in Subscribers 0 2 2 6 2 2
YouTube Jan Feb Mar Apr May Jun
Video Uploads 4 2 2
Video Views 161 34 159
Subscribers 153 154 158
Change in Subscribers 4 1 4
240 244 253
275 276 279 285 289 291 291 295 307
150
175
200
225
250
275
300
325
TWITTER PAGE FOLLOWERS
Page | 23
D.4.a
Packet Pg. 69
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Blue Mountain Outlook Jul Aug Sep Oct Nov Dec
Full Page Ad, Inside Back Cover - - - - - -
1/4-Page Ad - - - - - -
4-Page Insert - - - - - -
Blue Mountain Outlook Jan Feb Mar Apr May Jun
Full Page Ad, Inside Back Cover - - -
1/4-Page Ad - - -
4-Page Insert - - -
City News Jul Aug Sep Oct Nov Dec
Featured (Front Page Article and Image) 0 1 0 1 1 2
Articles 0 0 0 0 0 0
1/2-Page Ad 0 0 0 0 0 0
1/4-Page Ad 0 1 0 0 0 0
City News Jan Feb Mar Apr May Jun
Featured (Front Page Article and Image) 0 1 1
Articles 0 0 0
1/2-Page Ad 0 0 1
1/4-Page Ad 0 3 2
AM 1640 Jul Aug Sep Oct Nov Dec
Advertisement of City Events 1 0 1 0 1 0
AM 1640 Jan Feb Mar Apr May Jun
Advertisement of City Events 0 1 3
Burrtec Newsletter Jul Aug Sep Oct Nov Dec
Bi-Monthly Newsletter 0 0 0 1 0 0
Burrtec Newsletter Jan Feb Mar Apr May Jun
Bi-Monthly Newsletter 1 0 0
*Reach refers to the number of unique people to have seen a post's content.
** Engagement refers to interactions with a post, such as post clicks, Likes, Comments or Shares.
*** Impressions refers to the number of times a tweet has been seen.
Page | 24
D.4.a
Packet Pg. 70
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Planning & Development
•Land Use Planning
•Planning Commission
•Building & Safety
•Code Enforcement
•Enforcement Program
Page | 25
D.4.a
Packet Pg. 71
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
DATE:
TO:
April 21, 2020
G. Harold Duffey, City Manager
City Manager’s Office
FROM: Planning and Development Services Department
SUBJECT: MARCH 2020 PLANNING AND DEVELOPMENT SERVICES MONTHLY
REPORT
This monthly report is presented to the City Manager to keep him informed of the activities within the Planning and Development Services Department, comprised of Planning, Building and Safety, Code Enforcement, and Animal Control.
OUR MISSION
To preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of a fiscally responsible government.
OUR VISION
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.
PLANNING DIVISION
Planning and Building and Safety Core Services
➢ Permit New Businesses ➢ Permit Alterations to Existing Uses ➢ Zoning Code & General Plan Administration ➢ RDA Dissolution ➢ Planning Commission ➢ Building Permit Issuance ➢ Building Plans Review & Inspections
The Planning Division is budgeted for one full time Director and one full time Assistant
Planner. Both positions are filled and together constitute a minimum of 320 monthly
service hours.
Page | 26
D.4.a
Packet Pg. 72
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Activity Summary for Planning
Planning Counter Requests for Information: 36 Planning Phone Calls Received: 51 Planning E-mails Received/Answered:258 COVID-19 Related E-mails Received: 289
Application Summary
The Planning Division received 13 new applications in March and carried over 14 from the previous month. Action was taken on 8 of them. Minor applications such as a new business, patio cover, or small room additions are handled as a Land Use application and typically processed within 2-3 days. Larger additions over 500 square feet or second
dwelling units are handled administratively by staff with noticing, and those projects that
are either new development or exceed the Director’s administrative authority are handled
as Major Permits and are reviewed by the Planning Commission. Home occupation
permits are for home based business, such as consulting, housekeeping, and small craft businesses.
Application Summary for March 2020
Applications Number Received Carried Over Completed Under Review
Major 0 8 0 8
Administrative 0 2 0 2
Land Use 6 1 5 2 Home Occupation 2 2 1 3
Sign 4 0 1 3
Special Event 0 1 0 1
DAB 1 0 1 0
Total 13 14 8 19
0 1 2 3 4 5 6 7 8 9
Major
Administrative
Land Use
Home Occupation
Sign
Special Event
DAB
Applications Received and Carried Over
in March 2020
Under Review Completed Carried Over Received
Page | 27
D.4.a
Packet Pg. 73
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Applications Received, Approved and/or Under Review
Fiscal year to date the Planning Division has received 135 applications for review, 19 applications remained under review. A comprehensive list of the applications and their status is at the end of the Planning Division’s report.
A Land Use application for two new business were received in March, “GenPro Home
Improvement Inc.” (Home Improvement Business Office) and “A & S Used Auto Sales”
(Auto Dealer Sale’s Office). In addition, Domino’s Pizza submitted a Land Use Application
to relocate the existing business to the corner of Barton Road and Mt. Vernon.
Overall Land Use applications are the most predominant application that the Planning
Division processes. Six Land Use applications were received in March. The table below
shows the types of activities that were received with the six Land Use applications
received in March 2020.
0 10 20 30 40 50 60 70 80
Major
Land Use
Signs
DAB
Applications Received Fiscal Year to Date
July August September October
November December January February
March April May June
Page | 28
D.4.a
Packet Pg. 74
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Projects in Plan Check or Under Construction
Date Submitted Case No. Applicant Description Location Status
3/29/2019 SA 19-04 E 19-03 Leonardo and Anel Aguayo Single Family Residence 0275-083-09 Under
Construction
10/23/2018 SA 18-10 V 18-02 E 18-10
Crestwood Communities 17 Detached Single-Family Residences Pico Street and Kingfisher Under Construction
4/14/2016 SA 16-01 V 16-01 TTM 16-01 E 16-05
Aegis Builders, Darryl Moore Planned Residential Development – 17 Lots and 17 to-Story Housing Units
22404 Van Burren Under Construction
5/11/2018 ASA 18-06 E 18-06 Tim Boyes Two lots Grading Plans 0276-431-21, 22 Third Grading Plan Review 8/8/2018
8/19/2019 SA 19-08 V 19-01 Troy Rogers Taco Bell 22172 Barton Road Approved by the PC on 12/12/2019 Precise Grading 1st Plan Check 2/27/2020 Landscaping 1st Plan Check 3/11/2020
11/15/2020 SA 18-04 E 17-09 Todd Kesseler Single Family Residence 23400 Westwood Street
Approved by the PC on 4/18/2019 Architectural 2nd Plan Check 3/4/2020 Precise Grading 2nd Plan Check 3/4/2020 Landscaping 2nd Plan Check Approved 3/2/2020
Development Advisory Board (DAB)
The Development Advisory Board is made up of the Planning and Development Services
Director, Public Works Director, Consultant Building Official, Fire Marshal’s Office, the
RHWCO Superintendent, and Colton Wastewater. The DAB meets to review conceptual
plans for various projects and new development applications, and is conducted free of charge. One DAB meeting took place during the month of March.
Development Advisory Board Meeting
Date
Submitted
Case No. Applicant Description Location Status
2/10/2020 DAB 20-02 Mike Kalscheur CalStripe Inc. 45,000 sq. ft. Building 21600 Walnut Avenue Meeting held on 3/3/2020
Page | 29
D.4.a
Packet Pg. 75
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Planning Commission
The Planning Commission reviews new construction, subdivisions, variances and conditional use permits. They also make recommendations on zone changes, zoning code amendments, and general plan changes.
No Planning Commission meetings were held in the month of March.
Grants
The City was awarded funding for its Blue Mountain Trailhead and Trail application and continues to implement the grant.
Staff was informed that through the efforts of Assembly Member Reyes, the City is the
recipients of a $1.2 Million Dollar Specified Grant for the acquisition and development of
the Blue Mountain Trail and Trailhead. This grant is funded through the State Budget and is non-competitive. Staff met with State representatives on August 15, 2019.
Grant Status Grant Amount
Blue Mountain Trailhead and Trail Grant Submitted on October 1, 2017.
Site visit completed in November 2017. Awarded. Community workshop held on
4/11/2019.
$212,500
(Estimated Project cost $520,000)
Specified Grant - Blue Mountain Trailhead and Trail Grant Non Competitive. Staff met with State
Representatives and on August 15, 2019 and March 18, 2020
$1.2 Million
Housing Successor Agency
The Housing Successor Agency has a current balance of approximately $225,000.00. Each year $50,000 is received from the Successor Agency.
On June 15, 2018, title transferred to Aegis Builders, Inc. on the Canal property. Buyer
has 18 months to commence construction, and a development application is being
processed.
The Housing Successor Agency holds the following interests:
Property Description
22293 Barton Road Vacant 1.42-acre commercial property.
22317 Barton Road Vacant 1.43-acre commercial property.
11695 Canal Street Vacant 0.80-acre property, designated R3-20. Sold on 6/15/2018 to Aegis Builders, Inc. Buyer has 18 months to commence construction or Agency may repurchase property.
12569 Michigan Street Project completed. The Housing Successor Agency holds
covenants on the property for two low income residents.
Page | 30
D.4.a
Packet Pg. 76
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Community Emergency Response Team
The Regular CERT Volunteer meeting scheduled for March 3, 2020, was cancelled due to COVID-19 social distancing restrictions.
Page | 31
D.4.a
Packet Pg. 77
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Attachment to Planning Division’s Report
Applications Received, Approved and/or Under Review
Major Applications - Site and Architectural Review
Date Submitted Case No. Applicant Description Location Status
3/16/2020 GPA 20-01
ZCA 20-01
Darryl Moore Change of Zoning
from R1-7.2 to R2
12266
Michigan Street
In Review
3/16/2020 SA 20-02
TTM 20-01 SP 20-01 E 20-02
Darryl Moore 22 single Homes
and TTM
122667
Michigan Street
In Review
5/31/2019 SA 19-05 CUP 19-04 E 19-06
ZC 19-01
MD 19-01
Edwin Renewable Fuels
Plastic Recycling and office/educational
uses
21801 Barton Road Deemed Incomplete on 6/26/2019.
Staff continues
to work with Applicant on Project.
10/2/2018 SA 18-09 TTM 18-02 V 18-01
E 18-08
Aegis Builders, Inc 12 Townhomes 11695 Canal Street Deemed Incomplete on 10/31/2018 &
3/26/2019
3/27/2018 SA 18-04 E 17-10 Lewis Development Residential Project (707 Homes) 1167-151-22, 68, 71, 73, 74,
75
Incomplete on 3/27/2018
Major Applications – Specific Plan
Date Submitted Case No. Applicant Description Location Status
12/8/2017 SP 17-01
E 17-10
Lewis
Development
Specific Plan East side of
the 215 Fwy.
Revised draft
March 2018. EIR work being performed
Major Applications – Conditional Use Permit
Date Submitted Case No. Applicant Description Location Status
1/2/2019 CUP 19-01 SA 19-03
E 19-05
GrandT-1 Inc. Industrial Semi-Trailer Storage
Facility
APN: 0275-191-06, 30 RFP NOI posted on
12/6/2019
9/17/2017 CUP 17-08
E 17-07
National
Logistics Team
Recycling Pallets 21496 Main
Street
Incomplete on
10/18/2017 & 2/27/2018. Initial Study
being prepared
Page | 32
D.4.a
Packet Pg. 78
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Administrative Applications
Date
Submitted
Case No. Applicant Description Location Status
11/7/2019 ASA 19-11 E 19-12 Paul Bustos Parking Lot Addition 22038 Van Buren Deemed Incomplete on 12/18/2019
10/28/2019 LL 19-01 Boyes and Sons Lot Line Adjustment 23173 Vista Grande Way Deemed Incomplete on 1/14/2020
Land Use Review
Date Submitted Case No. Applicant Description Location Status
3/25/2020 LU 20-15 Domino’s Pizza Relocating
Business
22488 Barton
Road
Approved
3/24/2020 LU 20-14 Little League Fireworks Fundraiser Stand 22201 Barton Road Approved
3/24/2020 LU 20-13 Amanda Betten Patio 22733 Palm Avenue Approved
3/19/2020 LU 20-12 Alejandro
Ramirez
Dealer/Auto
Broker
22797 Barton
Road
Approved
3/5/2020 LU 20-11 Amax Hernandez POD 22808 Finch Avenue Approved
3/2/2020 LU 20-10 Gen Pro Home Improvements Office 12139 Mt. Vernon Avenue Approved
4/15/2019 LU 19-31 Ricky Komorida Café Lounge 22417 Barton
Road
On-hold by
Applicant
Home Occupation Permit
Date Submitted Case No. Applicant Description Location Status
3/16/2020 HOP 20-07 Raymond Maynez Appraisal Services 22659 La Paix Street Approved
3/4/2020 HOP 20-06 Dionicio Ayala On-line
Collectibles Sales
12284
Stonewood Drive
Approved
2/2/2020 HOP 20-05 Andrea
Tamayo
Tanning Services 22371 Ladera
Street
Approved
11/12/2019 HOP 19-10 Waldemar Alvire Custom Vinyl Signs 22764 De Soto Street Pending Signature
Special Event
Date Submitted Case No. Applicant Description Location Status
2/12/2020 SE 20-02 Michael Leno Azure Hills, Community Block Party
22633 Barton Road On-hold by Applicant
Page | 33
D.4.a
Packet Pg. 79
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Sign Application
Date
Submitted
Case No. Applicant Description Location Status
3/24/2020 TEMP SGN 20-07 Little League Fireworks Stand 222010 Barton Road In Review
3/17/2020 TEMP SGN 20-06 Karen Aaker Real Estate Colton Approved
3/20/2020 SGN 20-03 Freddy Andres La Michoacana Wall
Sign
22485 Barton
Road
Revisions
provided on 3/23/2020
3/18/2020 SGN 20-02 Domino’s Pizza Wall Signs 22488 Barton Road In Review
Page | 34
D.4.a
Packet Pg. 80
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
BUILDING AND SAFETY DIVISION
Building and Safety and Planning Core Services
➢ Permit New Businesses ➢ Permit Alterations to Existing Uses ➢ Zoning Code & General Plan Administration ➢ RDA Dissolution ➢ Planning Commission ➢ Building Permit Issuance ➢ Building Plans Review & Inspections
The Building and Safety Division is budgeted for one full time Permit Technician and one full time Building Official. The Building Official position is currently being filled through a
contract with Interwest Consulting Group. These two positions constitute up to 240
monthly service hours.
Additionally, the Department budgets for plan checking and inspection services.
Inspection services are conducted daily. The cost of these services is offset through the collection of fees and deposits.
Activity Summary for Building and Safety
Building Permit Activity includes 18 permits issued in March. Year to date a total of 276
permits have been issued with a total revenue of $113,174.60. In addition, a total number of 50 customers were assisted at the Building & Safety counter for the month of March.
Monthly Revenue Year to Date Revenue
$9,912.80 $113,174.60
Permit Activity -March 2020
Applications recv'd (19)Permits issued (18)
Permits final (36)Business Occupancies (2)
Expired Permits (3)
Permit Activity -Year to Date
Applications recv'd (291)Permits issued (276)
Permits final (336)Business Occupancies (21)
Expired Permits (28)
Page | 35
D.4.a
Packet Pg. 81
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Permits Issued
Permits issued in March include, electrical panel upgrades, patio covers, reroofs, remodels, signs and PV solar systems.
Most of the permits issued were for residential improvements including various solar,
reroof, and remodel permits. The charts below show issued permits for the month and year to date for both residential and commercial properties.
*Residential Alteration / Repair consists of: Remodels, Room Additions, Stucco / SidingWork, Interior Demolition / Construction of Walls, Windows, Garage Doors.
*Residential Alteration / Repair consists of: Remodels, Room Additions, Stucco / SidingWork, Interior Demolition / Construction of Walls, Windows, Garage Doors.
Residential Permits Issued-March 2020
SFR New (0)Reroofs (3)Water Heater / Plumbing (0)
HVAC Mechanical (0)Solar (8)Panel Upgrades / Electrical (1)
Patio Covers (1)Res. Alteration / Addition (2)Grading (1)
Residential Permits Issued-Year to Date FY 2019-2020
Block Walls / Retaining Walls (6)Reroofs (57)Water Heater / Plumbing (34)
HVAC Mechanical (25)Solar (52)Panel Upgrades / Electrical (20)
Patio Covers (14)Residential Alteration / Repair (21)Pools/Spa (3)
Grading (1)
Page | 36
D.4.a
Packet Pg. 82
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Commercial Permits Issued -March 2020
Demolition (1)Signs (1)
Commercial Permits Issued -Year to Date FY 2019-20
Commercial Tenant Improvement (9)Signs (4)
Electrical (2)Demolition (1)
Page | 37
D.4.a
Packet Pg. 83
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Inspections
A total of 56 inspections were conducted in March, with 35 of them being final inspections.
Major Projects Under Construction
Major projects under construction include Aegis Builders, Inc.’s Van Buren Project, on-
site grading for the SCE Highgrove Substation, and construction of 17 lots for Crestwood
Communities’ Tract 18071.
Other ongoing projects also include interior demolition for a future Domino’s Pizza and accessibility upgrades to a commercial center.
Project Description/Location Status
Aegis Builders, Inc.
12382 – 12485 Tesoro Ct. New 17 SFR Aegis Project Electric/Gas Meters Inspected & Released
Southern California Edison
12700 Taylor St. On-site grading, new fence and gate with retaining wall for SCE Highgrove Substation
Asphalt / Compaction Inspected
I-215 Interchange Project
Reconstruction of I-215 and Barton Road Interchange Under Construction
Tim Boyes, Vista Grande Way
Parcel Map 16945 – Street Improvement Project & Rough Grading (Vista Grande Way) Grading pre-construction meeting held in June 2019.
Crestwood Communities Tract 18071 – Rough grading and construction of 17 single family residences w/ new block walls
Under Construction – Electrical & Gas Services Released
Anita Jensen – 22401 Barton Rd.
Interior improvements of existing space for future Grocery Outlet and site improvements Under Construction
0
100
200
300
400
500
600
700
800
BUILDING ELECTRICAL MECHANICAL PLUMBING DEMOLITION TOTAL
NUMBER OF INSPECTIONS CONDUCTED
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Page | 38
D.4.a
Packet Pg. 84
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Anel Aguayo – 12040 La Cadena Dr.
12040 La Cadena Dr. – Precise grading for new single-family residence Sheath/Shear inspection complete
Marina Moraes – 22488 Barton Rd.
22488 Barton Rd. – Interior demolition for future tenant Domino’s Pizza Under Construction
Plan Checking Activity
For March 2020, a total number of fifteen plans were submitted for review and re-submittal. Plans submitted include PV solar, a remodel, patio enclosure, and building
plans for a new 2,195 sq. ft. Taco Bell restaurant.
Project Description/Location Status
Tim Boyes, Vista Grande Way
Parcel Map 16945 – Precise grading for (1) lot / (N) SFR In Plan Check – (N) SFR and precise grading plans issued corrections
Tim Evans – American Warrior, LLC
21935 Van Buren St. – Tenant Improvement for electrical to install screen printing equipment, shirt printing – American Warrior, LLC
In Plan Check – Received second set of corrections 12/19/18
Frank Randall 23400 Westwood St.
23400 Westwood St. – Precise grading & new single-family residence In Plan Check – Provided 2nd set of corrections to applicant
Esmond Gee – 22805 Barton Rd.
22805 Barton Rd. – Medical office & surgery center In Plan Check – Provided 1st set of corrections to applicant
Jonathon Weber – 22172 Barton Rd.
22172 Barton Rd. – Grading & Plans for (N) 2,195 sq. ft. Taco Bell restaurant In Plan Check – Provided 1st set of corrections to applicant
Marina Moraes – 22488 Barton Rd.
22488 Barton Rd. – Building plans for (N) Domino’s Pizza tenant improvement In Plan Check – Provided 1st set of corrections to applicant
Fredy Andres – 22485 Barton Rd.
22485 Barton Rd. – Building plans for (N) La Michoacana Ice Cream shop tenant improvement
In Plan Check – Provided 2nd set of corrections to applicant
Certificate of Occupancy
A Certificate of Occupancy was issued for the following businesses:
•Gen Pro Home Improvement Inc. located at 12139 Mt. Vernon Ave Suite 104
•A & S Used Auto Sale office use located at 22797 Barton Rd.
Public Works Encroachment Permits
Five Public Works/Encroachment Permit applications were taken in for the month of
March. Six permits were issued for the month, which includes applications that were received in the previous month.
Page | 39
D.4.a
Packet Pg. 85
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
0
10
20
30
40
50
SoCal Gas Edison Optimum AT&T Other Total
Encroachment Permits Issued
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Page | 40
D.4.a
Packet Pg. 86
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
ANIMAL CONTROL AND CODE ENFORCEMENT DIVISION
Core Services
➢ Zoning & Municipal Code Enforcement
➢ Animal Control Services
➢ Street Sweeping Traffic Enforcement
The Division is budgeted for one full time Officer, a 36-hour Specialist and a full-time Office Specialist. In addition, a full-time consultant Building Official/Code Manager has been added to assist in the management of the Department. These positions constitute 416 monthly service hours in March, plus an additional 30 hours for on-call coverage. On-call coverage is provided to handle after hour emergency animal control calls.
The City is divided into seven zones, including commercial centers, and the zones are inspected on a continual rotating basis over a two-week period. A set route is driven each day in addition to the zones. The route includes Mount Vernon Avenue, Main Street, Michigan Street, Barton Road, Preston Street, Palm Avenue, Observation Drive, and Van Buren Street.
Activity Summary for Code Enforcement
Code Enforcement had 127 cases carried over from the previous month, 77 new cases opened, and 111 cases were closed. The Division closed out March with 93 open cases. The chart below demonstrates a breakdown of Code cases by detailing how many cases were carried over from the previous month, opened, closed, and still being addressed.
72
83
105
81
92
127
77
70
65
18
29
67
77
66
48
89
26
38
33
111
83
105
81
73
92
127
93
SEP
OCT
NOV
DEC
JAN
FEB
MAR
2019/2020 CODE CASES
Number of Cases Carried Over Number of Cases Opened
Number of Cases Closed Number of Cases In Process
Page | 41
D.4.a
Packet Pg. 87
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
The following table shows the number of inspections conducted, the number of citations,
and corrective notices issued. As of February, there has been an increase of inspections and notices issued due to Code Enforcement conducing rental property inspections.
Column1 Jul Aug Sep Oct Nov Dec Jan Feb Mar
Inspections
Conducted 49 68 71 53 100 53 79 118 162
Notice of
Corrections Issued 28 44 55 38 31 18 48 65 72
Notice of
Violations Issued 11 4 12 9 18 3 1 7 6
Citations Issued 16 6 8 4 11 4 5 12 14
*The number of corrections issued does not include vehicle related complaints, illegal dumping referred toBurrtec, or homelessness on public property referred Sheriff’s Department.
Weekend Code Enforcement Activities
The Weekend Animal Control/Code Enforcement Specialist patrols the weekends
and conducts zone inspections and scheduled re-inspections. Weekend code enforcement also handles code violations such as unpermitted yard sales, open house signs, and parking violations. The table below demonstrates weekend code enforcement activities by type for this fiscal year.
Parking Citations:
In March, 73 vehicle related citations were issued; 15 of the citations issued were related to street sweeping enforcement. Street Sweeping in residential areas occurs on the first, second, and third Thursdays of each month. Due to COVID-19 and the increase of residents remaining at home; Code Enforcement has ceased issuing street sweeping
0
10
20
30
40
50
60
70
Sep Oct Nov Dec Jan Feb Mar
Weekend Code Enforcement
Graffiti Unpermitted Yard sale signs Yard sales without permit
Open house and other signs Illegal Dumping Follow-up inspections
Parking violations
Page | 42
D.4.a
Packet Pg. 88
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
citations but continues to keep the streets swept.
Other parking citations include expired registration, parking on unpaved surfaces, and commercial vehicles in residential areas. Parking citations are issued by Code Enforcement Staff, as well as Sheriff Deputies.
Graffiti/Vandalism/Illegal Dumping
There were four cases of illegal dumping and two cases of graffiti reported in March. Three cases regarding illegal dumping have been resolved along with one of the graffiti cases.
160 177
77
0
218
171
15
Sep Oct Nov Dec Jan Feb Mar
#
o
f
C
i
t
a
t
i
o
n
s
Street Sweeping Citations
Sep Oct Nov Dec Jan Feb Mar
Vehicles blocking sidewalk/driveway 11 13 27 22 13 5 27
Other Parking Violations 39 22 17 6 4 2 9
Expired Registration 61 17 16 4 1 1 3
Commercial vehicle violations 6 2 4 0 1 1 0
Recreational vehicle violations 3 2 1 7 3 2 3
Vehicles on unpaved surface 4 0 1 0 1 0 10
72 Hour Parking Warning/Cite 20 5 5 5 7 9 6
0
20
40
60
80
100
120
140
160
Other Parking Citations 2019/2020
Page | 43
D.4.a
Packet Pg. 89
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Non-Owner Occupied/Rental Property Program
There are approximately 377 properties in the Program, consisting of both single-family units and multiple family units (i.e. apartments, duplexes, and triplexes). Eighty-one properties are enrolled in the Good Landlord/Tenant Program signifying they have kept
well-maintained properties and have passed inspections for three consecutive years.
Property owners in the Good Landlord Program also receive reduced inspection fees and windshield inspections. 329 properties have paid their annual fee as of the end of March.
In November, Code Enforcement issued annual Non-owner Occupied/Rental renewal
notices for all properties enrolled in our program. Renewal fees are due at the end of January. In addition, notices to prospective rental properties have been issued to properties listed as non-owner occupied and not currently enrolled in our program to verify the status of the property.
Civic Live
There were 23 complaints received via Civic Live in March 2020 mostly pertaining to animal control, property maintenance, and overgrown vegetation. 14 cases have been
resolved and 9 cases are still being worked by Code Enforcement.
Animal Control Services
With the implementation of Animal Control Services, the City has instituted the practice of first making every effort to return stray dogs to its owner, by checking it for tags or microchip. If the owner cannot be identified, the City will place a photograph of the impounded animal on the City’s Facebook page so that owners can reclaim their pet.
47
150
316 325 329
0
50
100
150
200
250
300
350
NOV DEC JAN FEB MAR
RENTAL PROPERTY PAYMENTS
Page | 44
D.4.a
Packet Pg. 90
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Animal Control is also working to identify animals via Facebook who have been sent to
the animal shelter and have since been returned to their owner so their status can be updated for the public. If the dog is unlicensed the owner will be given a citation, but the fine is dismissed if the dog is licensed within 7 days.
During the month of March Animal Control picked up 2 dogs; all were transported to the shelter.
Animal Control Sheltering Services Jul Aug Sep Oct Nov Dec Jan Feb Mar
Animal Intakes Strays 7 15 7 14 9 4 8 3 2
Stray Dead 5 5 4 2 0 0 0 0 0
Owner Surrender 0 4 1 0 0 0 2 2 0
Other 0 2 0 1 0 0 0 0 1
Total 12 26 12 17 9 4 10 5 3
Animal Disposition
Adopted 2 6 8 1 3 7 0 2 2
Returned to Owner 2 1 4 0 0 0 0 2 3
Euthanized 6 0 0 6 5 0 0 0 2
Other 1 2 2 11 5 0 0 1 0
Total 11 9 14 18 13 7 0 5 7
The chart below shows sheltering services performed by the County of Riverside for the
month. These numbers vary compared to ours, due to residents bringing in personal and
stray animals to the shelter on their own.
Animal Control Officer Investigations Jul Aug Sep Oct Nov Dec Jan Feb Mar
Barking Complaints 1 0 2 0 3 1 1 0 1
Unlicensed Dogs 0 3 1 0 5 0 2 2 0
Loose Dogs 4 3 9 1 12 4 12 4 2 Loose Dogs Returned to Owner 0 1 1 2 4 0 1 0 0 Animal Welfare Check 1 1 1 0 0 0 0 1
Dead Animals 3 3 5 2 0 2 14 2 2
Bites 0 3 2 0 1 1 1 0 1 Other (unfounded, wildlife, etc.) 0 1 3 0 2 0 5 3 0
Page | 45
D.4.a
Packet Pg. 91
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Public Works
•Engineering
•NPDES
•Storm Drain Maintenance
•Facilities Maintenance
•Parks Maintenance
•Senior Bus Program
Page | 46
D.4.a
Packet Pg. 92
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
City of Grand Terrace
Public Works Department
DATE: April 22, 2020
TO: G. Harold Duffey, City Manager
City Manager’s Office
FROM: Alan French, Public Works Department Director
SUBJECT: March 2020-MONTHLY REPORT –PUBLIC WORKS DEPARTMENT
This monthly report is presented to the City Manager to keep him informed of the activities within the Public Works Maintenance Department.
Engineering Division
The Engineering Division is responsible for managing the City’s Capital Improvement Program (CIP). This includes for the administration, planning, programming, design, construction management, and construction of capital projects throughout the City. Grant funding (when available) are sought after to supplement project funding. The following table summarizes the current projects, status and associated funding source(s).
TOTALS: $11,897,000
Project Name Funds Status Fund Source(s)
Barton Bridge Replacement Project $ 3,500,000 Preliminary Design Started,
technical studies started
Fed, State, City
Commerce Way Extension $ 5,500,000 Completed Final Design of City Section, coordinating with developer on southern portion and grant funding
State, City
CIP Year 3 Street Slurry/Resurfacing combined with Year 4 $1,600,000 Assemble Bid Package, funding from LCC bond sale in July State, City
HSIP Cycle 8, Mt. Vernon Safety Project $350,000
Reviewing bids with State, award
contract April 28
Federal Grant
HSIP Cycle 9 Guardrail Project $650,000 Prepare Preliminary Engineering Documents Federal Grant
Preston Signal Modification $117,000 Project completed processing final
payment
Spring Mountain
Ranch Fund, DIF and
Insurance Settlement
EV Charging Stations $180,000 Easement in process for SCE, equipment, submitted grant paperwork
MSRC, SCIP, AQMD Grants
Page | 47
D.4.a
Packet Pg. 93
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Staffing Levels
Weekday Hours Weekend hours After hours & Call outs
Budgeted Staffed Available Worked *Available Worked
Field 4 4 701
348
662
330
28
0
64
0
4
0
Office 2 2
Total 6 6 1049 992 28 64 4
*Due to 40 hour work week, these are not compensated overtime hours. Extra hours and call outs constitute emergency call outs, or hours worked over 40 hours in a week.
Work Release Hours
Maintenance was supplemented by 210 work releases hours during the
month of March.
MARCH 2020
REQUEST RECEIVED
THIS MONTH
REQUEST COMPLETED
THIS MONTH
REQUEST IN PROCESS
Internal/
Staff
External/
Residents
Internal/
Staff
External/
Residents
CIVICLIVE WORK ORDERS ONLY 40 34 39 26 9
Request Rollover from previous month 6
TOTAL 80
CIVIC LIVE MONTHLY STATS
CITY OF GRAND TERRACE
Page | 48
D.4.a
Packet Pg. 94
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Transition Period March 2020 (74 work orders)
Work Order # Open Date Resolved Date Type Address
274454 03/31/2020 04/03/2020 Internal Street Sign Issues
Grand Terrace
274351 03/31/2020 04/16/2020 Illegal Dumping 11810 Holly St Grand Terrace
274343 03/31/2020 04/02/2020 Illegal Dumping 11810 Holly St. Grand Terrace
274291 03/31/2020 -- Graffiti RIVERSIDE VALLEY
WATER DISTRICT EASEMENT, BETWEEN PICO AND VAN BUREN Grand Terrace
274101 03/31/2020 04/01/2020 Pothole Grand Terrace
273667 03/30/2020 04/01/2020 Other 22488 Barton Grand Terrace
272674 03/28/2020 -- Other 12125 Dos Rios Avenue
Grand Terrace 92313
272192 03/27/2020 04/01/2020 INTERNAL- General
Office
Grand Terrace
272187 03/27/2020 03/31/2020 Pothole
271707 03/26/2020 03/30/2020 Internal Event Set-up/Breakdowns
Grand Terrace
271073 03/25/2020 03/25/2020 Internal Issue with
Park/Facility Equipment
Grand Terrace
270600 03/24/2020 03/27/2020 INTERNAL- General
Office
Grand Terrace
270133 03/23/2020 03/24/2020 INTERNAL- General
Office
Grand Terrace
270070 03/23/2020 03/24/2020 INTERNAL- General
Office
Grand Terrace
270022 03/23/2020 04/08/2020 INTERNAL- General Office
Grand Terrace
269959 03/23/2020 03/24/2020 INTERNAL- General Office
Grand Terrace
269648 03/23/2020 03/24/2020 Issue with Park/Facility Equipment
Grand Terrace
268690 03/20/2020 04/17/2020 Issue with Park/Facility Equipment
Grand Terrace
268563 03/20/2020 04/06/2020 Internal Issue with Park/Facility Equipment
Grand Terrace
Page | 49
D.4.a
Packet Pg. 95
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
268559 03/20/2020 -- Internal Issue with
Park/Facility Equipment
Grand Terrace
268556 03/20/2020 04/15/2020 Internal Issue with Park/Facility Equipment
Grand Terrace
268527 03/20/2020 03/24/2020 Internal Overgrown Grass/Weeds
Grand Terrace
268526 03/20/2020 03/20/2020 Internal Street Sign Issues
Grand Terrace
268525 03/20/2020 03/20/2020 Internal Street Sign Issues
Grand Terrace
268524 03/20/2020 03/20/2020 Internal Street Sign Issues
Grand Terrace
268523 03/20/2020 03/20/2020 Internal Issue with Park/Facility Equipment
Grand Terrace
268519 03/20/2020 03/20/2020 Internal Street Sign Issues
Grand Terrace
268390 03/19/2020 -- Internal Sidewalk Issue Grand Terrace
268388 03/19/2020 03/24/2020 Internal Street Sign Issues
Grand Terrace
268346 03/19/2020 03/20/2020 Internal Issue with Park/Facility Equipment
Grand Terrace
268345 03/19/2020 03/20/2020 Internal Issue with Park/Facility Equipment
Grand Terrace
268344 03/19/2020 03/20/2020 Internal Overgrown
Grass/Weeds
Grand Terrace
268342 03/19/2020 04/01/2020 Internal Overgrown
Grass/Weeds
Grand Terrace
268339 03/19/2020 03/20/2020 Internal Drainage Issues Grand Terrace
268338 03/19/2020 03/20/2020 Internal Drainage Issues Grand Terrace
268281 03/19/2020 -- Water Leak Issue 11750 Mount Vernon Avenue Grand Terrace 92313
268174 03/19/2020 03/20/2020 INTERNAL- General Office
Grand Terrace
267753 03/18/2020 -- Animal Related 12365 Vivienda Avenue
Grand Terrace 92313
267021 03/17/2020 04/13/2020 INTERNAL- General
Office
Grand Terrace
266051 03/16/2020 03/17/2020 Internal Event Set-
up/Breakdowns
Grand Terrace
265953 03/16/2020 03/17/2020 Internal Pothole Grand Terrace
265951 03/16/2020 03/17/2020 Other 23180 palm Grand Terrace
264332 03/12/2020 03/27/2020 INTERNAL- General Office
Grand Terrace
Page | 50
D.4.a
Packet Pg. 96
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
264275 03/12/2020 03/27/2020 INTERNAL- General
Office
Grand Terrace
264243 03/12/2020 03/24/2020 Graffiti La Cadena and Litton Grand
Terrace
263401 03/11/2020 03/13/2020 Drainage Issues 12218 WARBLER AVE
Grand Terrace
263344 03/11/2020 -- Animal Related 21969 Vivienda Avenue
Grand Terrace 92313
262359 03/10/2020 03/16/2020 INTERNAL- General Office
Grand Terrace
262356 03/10/2020 03/27/2020 INTERNAL- General Office
Grand Terrace
262070 03/09/2020 03/10/2020 Internal Drainage Issues Grand Terrace
262045 03/09/2020 04/07/2020 Other 12774 Reed Avenue Grand Terrace 92313
262034 03/09/2020 03/10/2020 Internal Drainage Issues Grand Terrace
261856 03/09/2020 -- Illegal Dumping 23266 Westwood Street
Grand Terrace 92313
261763 03/09/2020 -- Water Leak Issue 12365 Vivienda Avenue Grand Terrace 92313
260782 03/06/2020 -- Other 21995 Vivienda Avenue Grand Terrace 92313
260661 03/06/2020 03/10/2020 Street Sign issues 22329 Deberry Grand Terrace
260451 03/06/2020 03/12/2020 Overgrown Grass /
Weeds
HONEYHILL DR AND
BARTON RD Grand Terrace
259888 03/05/2020 03/24/2020 Sidewalk Issues Observation and Wren Grand Terrace
259877 03/05/2020 03/10/2020 Drainage Issues Brittan Way storm drain Grand Terrace
259734 03/05/2020 03/09/2020 Internal Event Set-up/Breakdowns Grand Terrace
259200 03/04/2020 03/06/2020 Issue with Park/Facility Equipment Grand Terrace
258933 03/04/2020 03/10/2020 Internal Overgrown Grass/Weeds Grand Terrace
258566 03/03/2020 03/04/2020 Internal Street Sign Issues Grand Terrace
258565 03/03/2020 03/24/2020 Internal Street Sign Issues Grand Terrace
258435 03/03/2020 04/13/2020 Tree Issues 22755 Vista Grande Way
Grand Terrace
258094 03/03/2020 03/31/2020 Overgrown Grass /
Weeds
Pico St Grand Terrace
258091 03/03/2020 04/15/2020 Overgrown Grass / Weeds Pico St Grand Terrace
Page | 51
D.4.a
Packet Pg. 97
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
257656 03/02/2020 -- Illegal Dumping 22493 Barton Road Grand
Terrace 92313
257654 03/02/2020 03/04/2020 Street Light Issue Barton @ Honey Hill Nb Fs Grand Terrace 92313
257559 03/02/2020 03/24/2020 Sidewalk Issues 22600 Robin Way Grand Terrace 92313
257550 03/02/2020 03/04/2020 Overgrown Grass / Weeds 11858 Maple Avenue Grand Terrace 92313
257546 03/02/2020 03/03/2020 Pothole
257529 03/02/2020 03/03/2020 Other 22441 Barton Grand Terrace
257513 03/02/2020 03/03/2020 Pothole Grand Terrace
Note: Internal items are typically City staff.
Other
17%
Overgrown
Grass/Weeds
3%
Illegal Dumping
19%
Internal Drainage Issues
2%
Internal Event Setup/Breakdowns
3%Internal General Office
21%
Internal Issue with
Park/Facility Equipment
3%
Internal Overgrown
Grass/Weeds
3%
Internal Sidewalk Issue
2%
Pothole
3%
Property Maintenance
2%
Street Sign Issue
3%
Aniaml Related
3%
Graffiti
7%
Tree Issues
2%
Water Leak Issue
5%
MARCH 2020 WORK ORDERS
Page | 52
D.4.a
Packet Pg. 98
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Park Shelter Reservations in March 2020
Park Shelter Date Reserved
Richard Rollins A&B March 7
Richard Rollins C March 14
Note: Parks closed March 20, 2020 due to COVID-19, no reservations taken from that date.
Community Room Reservations March 2020
Group Date Reserved Time
AA Women’s Meeting Wednesdays 5:15pm
Grand Terrace Women’s Club 1st and 3rd Wednesdays 9:00 am, 10am Library Event Tuesdays 10am, 3pm
Overeaters Anonymous Saturdays 10am
CERT Meeting 1st Tuesday 6pm
Girl Scout Troop 1195 Thursdays 4:15 pm
Parks and Rec Committee 2nd Thursday 4pm
Note: Community Room closed March 20, 2020 due to COVID-19, no use from that date.
Signal Light Maintenance
Signal lights are maintained and repaired by City contractor, St. Francis. The following signal light maintenance was conducted:
Intersection Regular Maintenance Repair
Barton Road/Canal Street n/a
Barton Rd/Honey Hills Dr n/a
Barton Rd/Commerce Way/Vivienda Contractor
Barton Rd/Mount Vernon Ave n/a
Barton Rd/Preston St n/a
Barton Rd/Town Square n/a
Mt. Vernon Ave/De Berry St n/a
Barton Rd/Grand Terrace Rd Contractor
La Cadena/Litton n/a
Main St/Michigan St County
Main St/High School entrance County
Page | 53
D.4.a
Packet Pg. 99
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Park Maintenance
Park Grass mowed Full service planter maintenance Gopher service Restroom service (a.m.)
Trash receptacle
service
Richard Rollins Park Weekly Once Once Daily M-Fr, S*
Pico Park Weekly Once Once Daily M-Fr, S*
TJ Austin Park Weekly Once --- --- M-Fr, S*
Gwen Karger
Park Weekly Once --- --- M-Fr, S*
Fitness Park --- Once (pull weeds) Daily M-Fr, S*
Griffin Park ---
Note: Parks are closed March 20, 2020 due to COVID-19, no use from that date.
Location Grass mowed Full service planter maintenance Trash service receptacle
Greenbelt Weekly Once
Canal Strip Weekly ---
Oriole slope --- Once
Orange Grove Parkway --- Once (pull weeds)
Civic Center Weekly Once Daily
Bike Stations Bi-monthly M & Th
Note: These unsecured areas are closed as of March 20, 2020 due to COVID-19, staff only checks
for damage and empty trash.
Page | 54
D.4.a
Packet Pg. 100
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
City of Grand Terrace Public Works Department
Waste Management Services
Burrtec Waste Industries Waste Generation Report: - Burrtec releases Waste Generation Reports two months following month of service.
- Year-to-Date (YTD) Summaries are also available
December 2019: Concise Waste Generation Report
(Unit of Measure: Tons)
Service Description Refuse Recycling E-Waste Green- waste Tires Tin/ White Scrap Metal Inert C&D Food Comm’l Select / Floor-sort
Total Tonnage Generated
Total Tonnage Generated by Category Residential 288.40 88.82 150.16 527.38
Christmas Tree 7.44 7.44
Bulky Item 5.85 0.35 1.66 7.86 542.68
Residential
Clean Up
Multi-Family 121.78 7.01 4.34 133.13 133.13
Multi-Family Commercial 147.81 12.83 0.17 0.29 3.09 1.76 1.78 167.73
School 49.86 22.45 72.31 240.04
Commercial
Roll off 59.46 1.88 61.34 61.34
Roll off Grand Total 673.16 138.55 0.35 154.67 0.29 1.66 3.09 1.88 1.76 1.78 977.19
Page | 55
D.4.a
Packet Pg. 101
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Missed Pick-Up Report Date Reported Address Description Date Pick Up Completed
1/02/20 22456 Chaparral Ln Trash Bin Missed 1/02/20 1/02/20 12728 Dickens Ct Trash Bin Missed 1/02/20
1/02/20 22685 Palm Ave C Trash Bin Missed 1/04/20
1/03/20 11987 Mount Vernon Ave Trash Bin Missed 1/04/20 1/06/20 22160 Raven Way Trash Bin Missed 1/07/20
1/06/20 22160 Raven Way Recycling Bin Missed 1/07/20 1/06/20 22160 Raven Way Green Waste Bin Missed 1/07/20
1/07/20 22081 Grand Terrace Rd Trash Bin Missed 1/07/20 1/08/20 12531 Darwin Ave Trash Bin Missed 1/08/20
1/09/20 22568 Cardinal St Green Waste Bin Missed 1/10/20
1/09/20 22685 Palm Ave C Trash Bin Missed 1/10/20 1/09/20 22835 Minona Dr Green Waste Bin Missed 1/10/20
1/09/20 22835 Minona Dr Trash Bin Missed 1/10/20 1/13/20 22372 Blue Lupine Cir Trash Bin Missed 1/14/20
1/14/20 12291 Dos Rios Ave Trash Bin Missed 1/17/20 1/21/20 22552 Kentfield St Trash Bin Missed 1/22/20
1/21/20 22616 De Soto St Green Waste Bin Missed 1/22/20
1/22/20 22765 De Soto St Trash Bin Missed 1/22/20 1/22/20 22950 Grand Terrace Rd Trash Bin Missed 1/23/20
1/23/20 22085 Commerce Way Recycling Bin Missed 1/24/20 1/24/20 22400 Barton Rd Trash Bin Missed 1/24/20
1/27/20 22737 Barton Rd Trash Bin Missed 1/27/20 1/27/20 22087 Barton Rd Trash Bin Missed 1/27/20
1/28/20 22139 Flamingo St Green Waste Bin Missed 1/28/20
1/28/20 22140 Flamingo St Green Waste Bin Missed 1/28/20 1/28/20 22149 Flamingo St Green Waste Bin Missed 1/28/20
1/28/20 22119 Flamingo St Green Waste Bin Missed 1/28/20 1/29/20 22950 Orangewood Ct Trash Bin Missed 1/29/20
1/30/20 11815 Arliss Ln Recycling Bin Missed 1/30/20 1/30/20 22775 Vista Grande Way Trash Bin Missed 1/31/20
Page | 56
D.4.a
Packet Pg. 102
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
City of Grand Terrace Public Works Department
Public Works Administration Contracts, Bids, Reports, Grants, Project Management & Events Contracts:
Public Works Services for FY 2019-20:
Contractor Name Service Contract Amount Remaining Balance as of FEB. 29, 2020 ACCO Engineered Systems HVAC Maintenance $22,850 $753
Albert A Webb Associates Commerce Way Final Design Southern Portion $170,880 $4,119
Clean Street Street Sweeping Services $54,508 $26,792
City of Colton Cooperative Agreement with Grand Terrace
Traffic Signal Maintenance for signal on Litton Avenue N/A N/A
Carbon Solutions Group Electric Vehicle Charging Stations $185,000 $5,990
Demuth Plumbing Rollins Park Leak $6,400 $0
EZ Sunnyday Landscape Landscape Maintenance $47,830 $19,665
Gopher Patrol Gopher Abatement Services $7,227 $2,458
Hardy and Harper, Inc Street Maintenance Services $75,000 $75,000
Interwest Consulting Group TKE Engineering, HR Green On-Call Public Works Inspection Services $40,000 $40,000
Interwest Consulting Group HR Green
Albert A. Webb
On-Call Construction Management Services (incl. Barton Road Interchange
Project – Interwest)
$40,000 $40,000
Interwest Consulting Group Commerce Way Extension Real Estate & Engineering Services $360,005 $247,263
Lynn Merrill NPDES Services $10,000 $5,591
MCC Pipeline Emergency Culvert Replacement $25,320 $0
Moran Janitorial Services Janitorial Services for City Hall and City Parks $19,980 $9,990
Otis Elevator Company Elevator Maintenance Service $5,145 $0
San Bernardino County Dept of Public Works – Flood Control Flood Control Facilities $22,770 $22,770
San Bernardino County Fire Dept – Hazardous Material Household Hazardous Waste (HHW) Services $18,065 $4,516
San Bernardino County
Land Use Services
Fire and Weed Hazard Abatement
Services
$13,526 $13,526
St. Francis Electric, LLC. Traffic Signal Maintenance Services $20,000 $5,245
County of Riverside TLMA Administration
Main Street Traffic Signal Maintenance Services $6,000 $4,553
Page | 57
D.4.a
Packet Pg. 103
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
West Coast Arborist 5 Year Tree Maintenance Program $38,560 ($192,802: 5-yr term) $29,936($192,802: 5-yr term)
TSR Litton Signal Pole Replacement $14,400 $0
TSR Preston Signal Modification $124,960 $25,198
Western Exterminator Co. Pest Control Services $7,502 $7,502
Willdan
Engineering Services (incl. Landscape
and Lighting Assessment District)
$7,000
(paid with Dev. fees)
N/A (Developer Fee
and LLMD Assess.)
TOTAL PUBLIC WORKS CONTRACT VALUE FOR FY 2019-20: $1,342,928 $590,867 balance
FY 2019-20 Capital Improvement Project Contracts
Contractor Name Service Contract Amount Contract Balance
Evan Brooks Associates Preliminary Engineering for HSIP – Mt. Vernon Safety Improvement $36,300.00 $4,643.00
TOTAL CIP PROJECT CONTRACT VALUE FOR FY 2019-20 $36,300.00 $4,463.00
Bids: - Mt. Vernon Ave Corridor Intersection Improvement Project (Re-Bid) Major Reports: - TSR Construction for Preston Signal Modification Project Notice of Completion - Settlement Agreement Between City, CGV EV, LLC, Miller Grants: - MSRC Funding for Clean Transportation Projects - SCIP: $140,000 grant funding for City Hall EV Project - HSIP – Highway Safety Improvement funding for Mt. Vernon / Awarded Approval to Bid from Caltrans - HSIP – Guardrail Safety Project Project Management: - Budget for Landscape and Lighting Assessment District - EV Charging Station - Senior Center ADA Door Installation - Preston Signal Modification - HSIP Cycle 9 Guardrail Project Major Meetings / Events: - N/A
Page | 58
D.4.a
Packet Pg. 104
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
Sheriff’s Contract
•Law Enforcement Services
Page | 59
D.4.a
Packet Pg. 105
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
San Bernardino County
Sheriff’s Department
Services February 2020 March 2020
Officer Contact and Calls 1,087 1,247
Calls to Dispatch February 2020 March 2020
Emergency 1 4
Priority 1 128 121
Priority 2 37 45
Priority 3 135 201
Priority 4 68 184
Totals 369 555
Emergency – 911 calls (evaluated for substance).
Priority 1 – Currently active, 15 minutes or less. Priority 3 – Calls over 30 minutes ago.
Priority 2 – Just occurred, 15 minutes or more. Priority 4 – Incident calls, counter calls.
Note: As dispatch receives more information during the call, the level of priority can change to a higher
or lower level priority.
Citizens on Patrol (COP) - Weekly Hours for March 2020:
Mar. 9th Mar. 16th Total Hours
8 2 10
*- On March 17th all patrol activities for the Citizens on Patrol were suspended.
0
50
100
150
200
250
300
350
Emergency Priority 1 Priority 2 Priority 3 Priority 4
Feb. -1 128
37
135 68
Mar. -4
121
45
201
184
Calls to Dispatch
February Total: 369 March Total: 555
Feb-202 Mar-20
Page | 60
D.4.a
Packet Pg. 106
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
San Bernardino County Fire
Page | 61
D.4.a
Packet Pg. 107
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
City of Grand Terrace
Fire Department Incidents
03/01/20 – 03/31/20
Call Type Number of Calls
Commercial Alarm 1
Commercial Investigation 2
Fuel Spill 1
Medical Aid 107
Move Up (Cover Engine into FS#23) 3
Public Service 4
Residential Alarm 2
Traffic Collision – Auto vs. Pedestrian 1
Traffic Collision with Injuries 1
Traffic Collision Unknown Injuries 9
Traffic Collision Unknown Injuries – Freeway 4
Total Calls 135
Page | 62
D.4.a
Packet Pg. 108
At
t
a
c
h
m
e
n
t
:
D
e
p
t
.
M
o
n
t
h
l
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
(
D
e
p
a
r
t
m
e
n
t
M
o
n
t
h
l
y
A
c
t
i
v
i
t
y
R
e
p
o
r
t
-
M
a
r
c
h
2
0
2
0
)
AGENDA REPORT
MEETING DATE: April 28, 2020 Council Item
TITLE: Consideration of a Resolution Authorizing the City Manager, Public Works Director, and Management Analyst to Execute
& File Agreements and Necessary Documents in
Furtherance of the Highway Safety Improvement Program (HSIP) Grant with the State of California Transportation Department Office of Local Assistance
PRESENTED BY: Alan French, Public Works Director
RECOMMENDATION: Adopt A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE AUTHORIZING THE CITY MANAGER, CITY ENGINEER AND MANAGEMENT ANALYST TO EXECUTE AGREEMENTS FOR THE FEDERAL HIGHWAY SAFETY IMPROVEMENT
PROGRAM.
2030 VISION STATEMENT:
This staff report supports City Council Goal #1, “Ensuring Our Fiscal Viability” and Goal #2 "Maintain Public Safety". BACKGROUND / DISCUSSION:
On November 12, 2019, the City Council authorized and directed City staff to apply for Highway Safety Improvement Program (HSIP) funding from the California Department of Transportation, Office of Local Assistance (OLA) for the citywide Guardrail project. In furtherance of obtaining the grant funding, the City Council approved a Professional
Services Agreement between the City of Grand Terrace and Lynn Merrill Associates, Inc. (LMA) for the managing of the grant and related documents for the HSIP. City staff and LMA have since held the kick-off meeting, applied for and received approval for preliminary engineering at which time the City was provided additional
documents that need to be executed and included in the invoice submittal to the OLA. One of the documents is a resolution designating the City’s agent(s) in the HSIP process, which will allow the City’s designated agent(s) to execute and file the City's HSIP paper work with the OLA and authorize the City’s designated agent(s) to provide OLA the assurances and agreements required.
Staff is recommending that the City Council adopt the proposed resolution authorizing the City Manager, Public Works Director, and Management Analyst to carry out the activities provided above in relation to the HSIP agreement as stated in the attached
D.5
Packet Pg. 109
Resolution. The form of the resolution is prescribed by OLA.
FISCAL IMPACT:
There is no fiscal impact for the recommended action.
ATTACHMENTS:
• SignatureReso (DOCX)
APPROVALS:
Alan French Completed 04/20/2020 8:31 AM
City Attorney Completed 04/21/2020 2:34 PM
Finance Completed 04/22/2020 11:50 AM
City Manager Completed 04/23/2020 3:18 PM
City Council Pending 04/28/2020 6:00 PM
D.5
Packet Pg. 110
RESOLUTION NO._______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
AUTHORIZING THE CITY MANAGER, CITY ENGINEER AND MANAGEMENT
ANYALIST TO EXECUTE AGREEMENTS FOR THE FEDERAL HIGHWAY SAFETY
IMPROVEMENT PROGRAM
WHEREAS, the Highway Safety Improvement Program (HSIP), codified as Section
148 of Title 23, United States Code (23 U.S.C. §148) is one of the core federal-aid
programs in the new federal surface transportation act, Fixing America's Surface
Transportation Act (FAST), which was signed into law on December 4, 2015; and
WHEREAS, the purpose of the HSIP grant is to achieve a significant reduction in
traffic fatalities and serious injuries on all public roads, including non-State-owned public
roads and roads on tribal land; and
WHEREAS, the City applied for and was awarded a $648,300 HSIP grant for
proposed roadway guardrail safety improvements on various streets in the City; and
WHEREAS, various Agreements must be executed within the grant program so that
that City can perform the improvement work.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
HEREBY RESOLVES AS FOLLOWS:
1. The City Council hereby authorizes the City Manager, City Engineer and
Management Analyst to execute all agreements and documents pertaining to, and in
furtherance of, the federal Highway Safety Improvement Program grant.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 28th day of April 2020.
________________________________
Darcy McNaboe
Mayor
ATTEST:
________________________________
Debra L. Thomas
City Clerk
D.5.a
Packet Pg. 111
At
t
a
c
h
m
e
n
t
:
S
i
g
n
a
t
u
r
e
R
e
s
o
[
R
e
v
i
s
i
o
n
2
]
(
R
e
s
o
l
u
t
i
o
n
f
o
r
H
S
I
P
C
y
c
l
e
9
G
r
a
n
t
)
APPROVED AS TO FORM:
________________________________
Adrian R. Guerra
City Attorney
I, DEBRA L. THOMAS, 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 28th day of April 2020 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Debra L. Thomas
City Clerk
D.5.a
Packet Pg. 112
At
t
a
c
h
m
e
n
t
:
S
i
g
n
a
t
u
r
e
R
e
s
o
[
R
e
v
i
s
i
o
n
2
]
(
R
e
s
o
l
u
t
i
o
n
f
o
r
H
S
I
P
C
y
c
l
e
9
G
r
a
n
t
)
AGENDA REPORT
MEETING DATE: April 28, 2020 Council Item
TITLE: Housing Element Annual Progress Report for the 2019 Calendar Year
PRESENTED BY: Steven Weiss, Planning & Development Services Director
RECOMMENDATION: Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RECEIVING AND ACCEPTING THE CITY OF GRAND TERRACE HOUSING ELEMENT ANNUAL PROGRESS REPORT
FOR THE 2019 CALENDAR YEAR
2030 VISION STATEMENT:
A compliant Housing Element supports Goal #1, Ensuring Fiscal Viability and Goal #3,
Promote Economic Development by providing an internally consistent General Plan.
BACKGROUND/DISCUSSION:
The City’s current Housing Element covering the 2013-2021 planning period was
adopted by the City Council on September 27, 2016 and certified by the Department of
Housing and Community Development (HCD) as being in full compliance with state law
in 2016. The next update to the Housing Element will be due in 2021.
Government Code Section 65400 requires each city and/or county to prepare and file
an Annual Progress Report (APR) describing housing production and the status of
Housing Element program implementation. The APR must be prepared using the format
established by the Department of Housing and Community Development (HCD), which
has been updated to incorporate new requirements pursuant to Chapter 374 Status of
2017 (Assembly Bill 879, Planning and Zoning: housing element) and Chapter 366
Statues of 2017 (Assembly Bill 35, Planning and Zoning: affordable housing,
streamlined approval process).
Attached for City Council review is the APR for calendar year 2019. The report has
been prepared in the approved format provided by HCD for annual reporting.
Housing Construction
The APR contains the total number of units constructed and also the progress in
implementation of the City’s Housing Programs. As set forth in the APR, a total of 4 new
residential homes were completed in 2019. Three Certificates of Occupancy were
issued for the Crestwood Communities. One Certificate of Occupancy was issued for a
single-family residential unit constructed by Yaroub Farsakh.
D.6
Packet Pg. 113
The reporting requirements changed this year to include Table G requiring local
jurisdictions to identify locally owned lands included in the Housing Element Sites
Inventory that have been sold, leased, or otherwise disposed of, pursuant to
Government Code section 65400.1. The report still identifies housing units completed
by affordability levels, but also reports on housing projects submitted and deemed
complete to the Planning Division, the number of units entitled (meaning approved by
the City), and the number of units that were issued building permits. Each reporting
category requires that the affordability of the unit is also identified.
The APR is attached for City Council review and consideration. Staff recommends that
the City Council adopt the proposed resolution to receive and accept the APR for
calendar year 2019. As part of the resolution, the City Council will also direct staff to
forward the report to the State Office of Planning and Research and HCD as required by
Government Code Section 65400(2).
FISCAL IMPACT:
There is no fiscal impact to the General Fund.
ATTACHMENTS:
• Housing-Element-APR-2019 4-28-CC (XLSM)
• 2019 Annual Housing Report Reso (DOC)
APPROVALS:
Steven Weiss Completed 04/09/2020 9:36 AM
City Attorney Completed 04/22/2020 9:38 AM
Finance Completed 04/22/2020 11:47 AM
City Manager Completed 04/23/2020 3:16 PM
City Council Pending 04/28/2020 6:00 PM
D.6
Packet Pg. 114
Jurisdiction Grand Terrace
Reporting Year 2019 (Jan. 1 - Dec. 31)
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 1
2
3
2
2
2
0
0
0
0
0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-
income permitted units totals
Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
D.6.a
Packet Pg. 115
At
t
a
c
h
m
e
n
t
:
H
o
u
s
i
n
g
-
E
l
e
m
e
n
t
-
A
P
R
-
2
0
1
9
4
-
2
8
-
C
C
(
2
0
1
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
A
n
n
u
a
l
R
e
p
o
r
t
)
Page 1 of 2
RESOLUTION NO. 2019-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, RECEIVING AND ACCEPTING THE CITY OF
GRAND TERRACE HOUSING ELEMENT ANNUAL PROGRESS
REPORT FOR THE 2019 CALENDAR YEAR
Recitals
WHEREAS, California Government Code Section 65400(2) requires each
planning agency to provide an annual report to the City Council, the State Office of
Planning and Research, and the California Department of Housing and Community
Development (HCD) regarding progress toward implementation of the housing element
of the general plan; and;
WHEREAS, planning staff for the City of Grand Terrace have prepared an
annual progress report for the 2019 calendar year, utilizing the prescribed forms and
instructions provided by HCD; 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 the facts set forth in the above Recitals are true and correct. 2. The City Council hereby receives and accepts the 2019 Annual Progress
Report on the General Plan Housing Element (Housing Element Annual
Progress Report Form 2019) (Report) prepared by planning staff as set forth in the corresponding staff report. 3. The City Council hereby directs that the Report be forwarded to the State
Office of Planning and Research and HCD pursuant to Government Code
Section 65400(2). PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 28th day of April 2020.
________________________________
Darcy McNaboe Mayor
D.6.b
Packet Pg. 116
At
t
a
c
h
m
e
n
t
:
2
0
1
9
A
n
n
u
a
l
H
o
u
s
i
n
g
R
e
p
o
r
t
R
e
s
o
[
R
e
v
i
s
i
o
n
1
]
(
2
0
1
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
A
n
n
u
a
l
R
e
p
o
r
t
)
Page 2 of 2
ATTEST:
________________________________ Debra Thomas City Clerk
APPROVED AS TO FORM:
________________________________ Adrian R. Guerra City Attorney
D.6.b
Packet Pg. 117
At
t
a
c
h
m
e
n
t
:
2
0
1
9
A
n
n
u
a
l
H
o
u
s
i
n
g
R
e
p
o
r
t
R
e
s
o
[
R
e
v
i
s
i
o
n
1
]
(
2
0
1
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
A
n
n
u
a
l
R
e
p
o
r
t
)
AGENDA REPORT
MEETING DATE: April 28, 2020 Council Item
TITLE: COVID-19 Update and Impacts of Local Emergency
PRESENTED BY: G. Harold Duffey, City Manager
RECOMMENDATION: Receive and File.
2030 VISION STATEMENT:
This staff report supports Our Mission to preserve and protect our community, Goal #2, Maintaining Public Safety and Goal #5, Engage in Proactive Communication. BACKGROUND:
On March 18, 2020, the City Manager, in his capacity as Director of Emergency Services, proclaimed an emergency in accordance with California Government Code Section 8630 and Grand Terrace Municipal Code Section 2.28.060. The emergency proclamation is based on conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of a severe acute
respiratory illness caused by a novel (new) coronavirus (“COVID-19”).The Proclamation was ratified by the City Council on March 24, 2020. DISCUSSION:
Governments worldwide are responding to an outbreak of respiratory disease caused by COVID-19 that was first detected in China and which has now been detected in nearly 184 countries, including the United States. COVID-19 is a serious disease that has killed over 87,000 people worldwide with over 431,000 confirmed cases and over 14,600 deaths in the United States. On March 4, 2020, the Governor of the State of
California declared a State of Emergency. On March 10, 2020, the San Bernardino County Health Department proclaimed a Public Health Emergency and the Board of Supervisors issued a Proclamation of Local Emergency due to COVID-19. On March 11, 2020, the World Health Organization declared the disease a global pandemic.
At the time of our last City Council meeting there were approximately 550 cases of COVID-19 detected in San Bernardino County with 17 deaths. As of April 23, 2020, there are 1589 cases of COVID-19 cases in San Bernardino County with 72 deaths. The numbers may be increasing because the region is doing more testing and better
educating the citizens.
The City continues to operate and deliver most essential services, which predominately
consist of enhanced public safety and fire protection services. City Hall remains open
I.7
Packet Pg. 118
but is only accessible via appointment. All parks, the library and most school facilities are also closed to the public. Programs for our most vulnerable citizens (Seniors and students) are operating with modified service.
The City of Grand Terrace, like most cities in California, is entering a new phase in our COVID-19 pandemic fight. The region will continue to improve and provide aggressive testing and Grand Terrace is slated to have a free County Public Health Drive-up Testing location in early May (location will be announced next week). In addition, we are
working with Public Health to establish criteria to reopen parks for passive activity.
FISCAL IMPACT: COVID-19 has stalled our local economy and the City is projected to lose two-thirds of
its sales tax revenue for the last quarter of this fiscal year. This issue will be addressed
in a separate report at tonight’s meeting.
APPROVALS:
G. Harold Duffey Completed 04/23/2020 3:09 PM
City Attorney Completed 04/23/2020 5:10 PM
Finance Completed 04/23/2020 5:14 PM
City Manager Completed 04/23/2020 5:16 PM
City Council Pending 04/28/2020 6:00 PM
I.7
Packet Pg. 119
AGENDA REPORT
MEETING DATE: April 28, 2020 Council Item
TITLE: First Amendment to Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions Between the
City of Grand Terrace and Greens Group, Inc. for the Sale of
City Property Located at 22317, 22273 and 22293 Barton Road
PRESENTED BY: G. Harold Duffey, City Manager
RECOMMENDATION: 1. Approve First Amendment to the Agreement for
Purchase and Sale of Real Property and Joint Escrow
Instructions Between the City of Grand Terrace and Greens Group Inc. (which in summary reduces the deposit amount from $150,000 to $15,000, allocates a non-refundable $35,000 to City for its additional costs, and provides
extensions on specified deadlines); and
2. Authorize the Mayor to Execute the First Amendment to the Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions Between the City of Grand Terrace and Greens Group Inc., subject to City Attorney
approval as to form.
2030 VISION STATEMENT
This staff report supports Goal #3, "Promote Economic Development", because the sale
and ultimate development of assembled properties will promote economic development
activities.
2019-2020 PRIORITY PROJECTS
This report supports the City Council’s June 12, 2019 approval of identified Priority
Projects for Fiscal Year 2019-2020 (Attachment 1). The sale and ultimate development
of the subject 4.78 acres is a Top Priority Project that the City Manager’s office and
Planning and Development Services Department are both tasked with for economic
development purposes.
BACKGROUND:
On August 13, 2019, the City Council approved a Purchase and Sale Agreement
(“PSA”) of Real Property and Joint Escrow Instructions for the three parcels owned by
the City of Grand Terrace totaling about 4.78 acres. Two of the three parcels are 22317
Barton Road (APN 1167-231-01) and 22293 Barton Road (APN 1167-311-01) and are
referred to in the PSA as Parcels A&B, and the third parcel is located at 22273 Barton
I.8
Packet Pg. 120
Road (APN 1167-231-02) and referred to in the PSA as Parcel C.
In accordance with the executed PSA, escrow was opened with a deposit of $150,000;
Concept Plans were approved by the Council on October 22, 2019; and the entitlement
process needed to start 45 days after Council approved Concept Plans. City staff
contracted with Michael Baker International to process the entitlements for the project.
While formal submittal of entitlements did not occur, the City and the Greens Group met
on a weekly basis to discuss the project. In addition, several other factors delayed the
formal submittal of entitlements on the project (City had a personnel change and the
submittal date for the entitlement was during the holiday season).
In March, the Greens Group contacted the City to reiterate its commitment to the project
but expressed concerns as the economy began to shut down, because of COVID-19.
The Greens Group requested an extension of six (6) months to all due dates for the
project and a reduction of the escrow funds by $100,000 to provide additional liquidity
for the project. In these unparalleled times, the Greens Group stated it needed the
capital and the time extension so they would be in a good position to ensure the
success of the project’s future.
DISCUSSION:
The Greens Group’s request for an extension of six (6) months on all due dates as
identified within the PSA, along with the return of $100,000 of the $150,000 in the
escrow account, will result in the following.
The PSA currently affords the Greens Group an opportunity to cancel escrow during its
Due Diligence period and receive its initial $150,000 escrow deposit before May 12,
2020. With the extension requested by the Greens Group, the date will extend six (6)
months to November 12, 2020 with an anticipated closing date no later than October
2021 assuming there is no legal challenge. It is everyone’s hope that the economy will
emerge by that time.
Additionally, under the proposal presented to the Council, the current $150,000 in
deposit will be re-allocated as follows:
• $100,000 will be returned from escrow to Greens Group to provide Greens Group
additional liquidity for the development of the project.
• $15,000 will be retained in deposit in escrow.
• $35,000 will be provided to the City as consideration for this amendment,
including the extensions, additional carry costs, and, due to the delay, additional
costs for the City to expedite the timely review and processing of the land use
entitlements, the amendments to the General Plan, applicable Master Plan, and
Zoning Code, and comprehensive environmental review thereof to ensure the
I.8
Packet Pg. 121
timely completion of the entitlement process and minimize any further delay. This
amount is non-refundable, not applicable to the Purchase Price, and not subject
to the terms of the Reimbursement and Indemnification Agreement between the
City and Greens Group.
It should be noted that the proposed amendment makes no other changes to the
original PSA, including the purchase price. Additionally, the Reimbursement and
Indemnification Agreement is not affected and, therefore, remains in effect as originally
approved by the City and Greens Group.
Staff believes this proposal demonstrates the Greens Group is still committed to the
project and ensures the project will progress during the early phases of the region’s
economic recovery. Moreover, the proposal is reasonable given the economic impacts
of COVID-19.
FISCAL IMPACT:
There are no costs to the City for approval of this amendment.
ATTACHMENTS:
• Purchase and Sale Agreement - Greens Group (PDF)
• 1st Amendment to Agreement for Purchase & Sale of Real Property & Joint
Escrow Instructions (PDF)
• Mayor and City Council Approved Priority Projects (PDF)
APPROVALS:
G. Harold Duffey Completed 04/22/2020 11:51 AM
City Attorney Completed 04/23/2020 4:56 PM
Finance Completed 04/23/2020 5:19 PM
City Manager Completed 04/23/2020 5:26 PM
City Council Pending 04/28/2020 6:00 PM
I.8
Packet Pg. 122
2019-24
AGREEMENT FOR PURCHASE AND SALE
OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND JOINT
ESCROW INSTRUCTIONS ("Agreement") is made this 13 day of &&Q 2019 by and
between GREENS GROUP, INC., a California corporation ('Buyer"), and CITY OF GRAND
TERRACE, 'a public body, corporate and politic ("Seller"). Fidelity National Title Insurance
Company, a California corporation shall act as escrow ("Escrow Holder").
RECITALS:
A. Seller is the owner of that certain.unimproved real property in the City of Grand Terrace,
County of San Bernardino, State of California ("Property") comprised of the following:
i. 22317 Barton Road, Grand Terrace, CA 92313 (Assessor Parcel No. 1167-311-01) is
legally described on Schedule 1-A, depicted on Schedule 1-D and is the eastern most
parcel ("Parcel A").
ii. 22293 Barton Road, Grand Terrace, CA 92313 (Assessor Parcel No. 1167-231-01) is
legally described on Schedule 1-B, depicted on Schedule 1-D and is located west of,
22317 Parcel ("Parcel B").
iii. 22273 Barton Road, Grand Terrace, CA 92313 (Assessor Parcel No. 1167-231-02) is
legally described on Schedule 1-C, depicted on Schedule 1-D and is the western most
parcel ("Parcel C")
B. Seller desires to sell to Buyer and Buyer agrees to buy, the Property upon the terms and
conditions set forth in this Agreement:
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and
incorporating the Recitals, the parties hereto agree as follows:
TERMS AND CONDITIONS:
1. PURCHASE AND SALE OF PROPERTY.
1.1 Sale. Pursuant to the terms and subject to the conditions of this Agreement, Buyer
agrees to purchase from Seller and Seller agrees to sell to Buyer, the Property (i) in AS-IS
condition without representations or warranties; (ii) subject to the Lot Tie Agreement (defined in
Section 1.3); and (iii) subject to the covenants to Seller either in the Grant Deed (defined in Section
1.2) or a separate Covenant Agreement recorded concurrently with the Closing of Buyer's
purchase of the Property ("Covenant Agreement").
1.2 Grant Deed. At Closing, Seller shall transfer,the Property to Buyer substantially in
the form of the Grant Deed attached hereto as Exhibit B which shall be modified prior to Closing
pursuant to Section 8.5 ("Grant Deed"). Provided Buyer provides notice at least three (3) days
prior to the Closing, Buyer may direct that the grantee in the Grant Deed a wholly owned subsidiary
of Buyer in accordance with Section 15.1.
1.3 Lot Tie Agreement. Concurrently with the Closing, Buyer.shall -execute and
acknowledge a Lot Tie Agreement in a form reasonably acceptable to Seller shall be recorded
1
I.8.a
Packet Pg. 123
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
immediately following the recordation of the Grant Deed ("Lot Tie Agreement"). If a parcel map is
filed concurrently with the Closing ("Parcel Map"), the Lot Tie Agreement shall not be required.
1.4 Reimbursement Agreement. Buyer has executed that certain Reimbursement
Agreement in favor of Seller of even date herewith ("Reimbursement Agreement"). A default (as
defined in the Reimbursement Agreement shall be a default under this Agreement.
2. EFFECTIVE DATE: OPENING OF ESCROW.
2.1 Effective Date. This Agreement shall be deemed effective upon execution of the
Agreement by Seller after the approval by the City Council ("Effective Date").
2. 2 Openinci of Escrow. Within three (3) days after the Effective Date, the parties shall
open an escrow(Escrow)with Fidelity National Title Insurance Company (Escrow Holder) MaryLou
Adame at Fidelity National Title Insurance Company, 21680 Gateway Center Drive, Suite 110,
Diamond Bar, CA 91765 (909) 978-3020 Marvlou.Adame(a-)fnf.com by causing an executed copy of
this Agreement to be deposited with Escrow Holder which Escrow Holder shall sign and accept.
Escrow shall be deemed opened upon the last to occur of("Opening of Escrow"): (i)the executed
copy of this Agreement; and (ii) the Deposit (defined in Section 3.2.a). If Escrow is not opened
within five (5) days after the Effective Date, Seller shall have the right to terminate this Agreement
upon written notice to Buyer and Escrow Holder.
3. CONSIDERATION; PURCHASE PRICE; PAYMENT OF PURCHASE PRICE.
3.1 Consideration. All of the following is material consideration to Seller for the sale of
the Property to Buyer: (i) payment of the Purchase Price (defined in Section 3.1.a); (ii) the
Covenants (defined in Section 3.1.b); and (iii) Buyer's obligation to provide copies of the
Documents (defined in Section 3.1.c).
a. Purchase Price. The term "Purchase Price" means the sum of One Million Five
Hundred Two Thousand Five Hundred Twenty-Three Dollars ($1,502,523)which is
the sum of:
i. The purchase price for Parcels A and B is Six Hundred Thousand Dollars
650,000)which has been determined by an appraisal.
ii. The purchase price for Parcel C is Eight Hundred Fifty-Two Thousand
Five Hundred Twenty-Three Dollars ($852, 523) which has been
determined by an appraisal.
b. Covenants. The extensive restrictions and continuing covenants of Buyer with
respect to the development and uses of the Property as set forth in the Grant Deed
or Covenant Agreement if applicable) ("Covenants") are material consideration
to Seller for the sale of the Property to Buyer. The Covenants shall run with the
Property and provide additional controls and rights in Seller with respect to the
uses and development of the Property notwithstanding uses otherwise authorized
by applicable zoning.
C. Documents. Buyer covenants and agrees to provide to Seller copies of all
contracts, agreements, plans, specifications, reports, investigations and any other
documents related to the development of the Property ("Documents") at no cost to
Seller and the issuer or creator of the respective Documents consenting in writing
to allow Seller to use same in the event that (i) Buyer does not acquire the
2
I.8.a
Packet Pg. 124
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
Property pursuant to this Agreement; or (ii) if Buyer does acquire the Property but
Seller reacquires the Property pursuant to the Covenants. The term "Documents"
shall not include any financial information or any documents which are attorney-
client privileged. This obligation shall survive termination of this Agreement for any
reason.
3. 2 Pavment of Purchase Price.
a. Deposit. Within three (3) days of the Effective Date, Buyer shall deliver the Deposit
to Escrow Holder in the amount of One Hundred Fifty Thousand Dollars ($150,000)
Deposit").,
b. Balance of Purchase Price. Buyer shall deposit the balance of the Purchase Price
with Escrow Holder in Good Funds (as defined below) at least one (1) business day
prior to the Closing Date.
3.3 Good Funds. All funds deposited in Escrow shall be in "Good Funds" which
means a wire transfer of funds, cashier's or certified check drawn on or issued by the offices of a
financial institution located in the State of California.
4. FUNDS AND DOCUMENTS REQUIRED FROM BUYER AND SELLER.
4.1 Seller. Seller agrees that on or before 12:00 noon at least one (1) business day
prior to the Closing Date, Seller will deposit with Escrow Holder such funds and other items and
instruments (executed and acknowledged, if appropriate) as may be necessary in order for the
Escrow Holder to comply with this Agreement, including without limitation:
i.Executed and acknowledged Grant Deed (and Covenant Agreement, if applicable).
ii.A Non-Foreign Affidavit as required by federal law.
iii.Such funds and other items and instruments as may be necessary in order for
Escrow Holder to comply with this Agreement.
4.2 Buyer. Buyer agrees that on or before 12:00 noon at least one (1) business day
prior to the Closing Date, Buyer will deposit with Escrow Holder all additional funds and/or
documents (executed and acknowledged, if appropriate) which are necessary to comply with the
terms of this Agreement, including without limitation:
i.Executed copy of the Acceptance executed by Buyer to be attached to the Grant
Deed prior to recordation or, if applicable the Covenant Agreement.
ii.The Lot Tie Agreement(unless a Parcel Map will be recorded at Closing).
iii.A Preliminary Change of Ownership Statement completed in the manner required in
San Bernardino County ("PCOR").
iv.Any amounts due to Seller under the Reimbursement Agreement.
V.Such funds and other items and instruments as may be necessary in order for
Escrow Holder to comply with this Agreement.
3
I.8.a
Packet Pg. 125
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
4.3 Recordation, Filing, Completion and Distribution of Document. Escrow Holder
shall confirm that any documents signed in counterpart are matching documents and shall combine
the signature pages thereof so as to create fully executed documents. Escrow Holder will cause
the (i) Grant Deed (with the executed Acceptance attached), (ii) the Covenant Agreement if
applicable, and (ii) Lot Tie Agreement or Parcel Map, to be recorded/filed in that order so it can
issue the Title Policy in accordance with Section 6. 2. Promptly following Close of Escrow, Escrow
Holder shall distribute Escrow Holder's final closing statement and conformed copies of all
recorded documents to the parties.
5. CLOSING DATE: TIME IS OF ESSENCE.
5.1 Closing Date. Escrow shall close upon the later to occur of: (i)thirty (30) days after
the Due Diligence Expiration Date (defined in Section 7.2), and (ii) ten (10) days after expiration of
the appeals period of the both Entitlements (defined in Section 8.4) and CEQA (defined in Section
8.2) without any legal challenge being filed, BUT, in no event, later than twenty (20) months from
the Effective Date ("Closing Date"). The terms "Close of EscrovV' and/or "Closing" are used
herein to mean the time Grant Deed is filed for recording by the Escrow Holder in the Office of the
County Recorder of San Bernardino County, California. Notwithstanding the foregoing, if a legal
challenge as to Entitlements and/or CEQA has been filed and Buyer has elected under the
Reimbursement Agreement to contest such challenges and has provided the funds specified in the
Reimbursement Agreement for the legal proceedings, the Closing Date shall be extended for a
period of twenty (20) days following the date the legal challenge has been resolved or settled
allowing Buyer's proposed development to proceed.
6.2 Possession. Upon the Close of Escrow, Seller shall deliver exclusive possession
of the Property to Buyer.
5. 3 Time is of Essence. Buyer and Seller specifically agree that time is of the essence
under this Agreement.
5.4 City Manager Authoritv. Seller by its execution of this Agreement agrees that the
City Manager of Seller or his designee (who has been designated by City Manager's written notice
delivered to Buyer and Escrow Holder) shall have the authority to execute documents on behalf of
Seller including, but not limited to, issuing approvals, disapprovals and extensions. Any such
approval, disapproval or extension executed by the City Manager or his designee shall be binding
on Seller. Notwithstanding the foregoing, City Manager or his designee may only grant extensions
for (i) the Due Diligence Period (defined in Section 7.1) that cumulatively do not exceed one
hundred eighty (180) days; (ii) the Entitlement Period (defined in Section 8) that cumulatively do
not exceed one hundred eighty (180) days; or (ii) the Closing Date that cumulatively do not exceed
one hundred eighty (180) days.
6. TITLE POLICY.
6.1 Approval of Title. Promptly upon Opening of Escrow, a preliminary title report shall
be issued by Fidelity National Title Insurance Company ("Title Company"), describing the state of
title of the Property, together with copies of all exceptions listed therein and a map plotting all
easements specified therein ("Preliminary Title Report"). Within thirty (30) days after Buyer's
receipt of the Preliminary Title Report, Buyer shall notify Seller in writing ("Buyer's Title Notice") of
Buyer's disapproval of any matters contained in the Preliminary Title Report except that Buyer may
not disapprove any title exceptions caused by Buyer's entry onto the Property pursuant to Section
7.2 ("Disapproved Exceptions"), provided all monetary liens encumbering the Property are
4
I.8.a
Packet Pg. 126
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
hereby disapproved by Buyer and shall be removed and released by Seller through or prior to the
Close of Escrow.
In the event Buyer delivers Buyer's Title Notice within said period, Seller shall have a period
of ten (10) days after receipt of Buyer's Title Notice in which to notify Buyer of Seller's election to
either (i) agree to attempt to remove the Disapproved Exceptions prior to the Close of Escrow; or
ii) decline to remove any such Disapproved Exceptions ("Seller's Notice"). If Seller notifies Buyer
of its election to decline to remove the Disapproved Exceptions, or if Seller is unable to remove the
Disapproved Exceptions, Buyer may elect either to terminate this Agreement and the Escrow or to
accept title to the Property subject to the Disapproved 'Exception(s). Buyer shall exercise such
election by delivery of written notice to Seller and Escrow Holder within five (5) days following the
earlier of (i) the date of written advice from Seller that such Disapproved Exception(s) cannot be
removed; or(ii) the date Seller declines to remove such Disapproved Exception(s).
Upon the issuance of any amendment or supplement to the Preliminary Title Report which
adds additional exceptions, the foregoing right of review and approval shall also apply to said
amendment or supplement, provided, however, that Buyer's initial period of review and approval or
disapproval of any such additional exceptions shall be limited to five (5) days following receipt of
notice of such additional exceptions.
6.2 Title Policv. At the Close of Escrow, Escrow Holder shall furnish Buyer with an
ALTA owner's non-extended coverage Policy of Title Insurance insuring title to the Property vested
in Buyer with coverage in the amount of the Purchase Price showing (i) title exceptions approved
pursuant to Section 6.1; (ii) the Lot Tie Agreement; (iii) the Covenants set forth in the Grant Deed;
and (vi) any exceptions caused by Buyer including pursuant to Section 7.4 ("Title Policy"). The
cost of the Title Policy to Buyer shall be paid by Seller but Buyer shall be obligated pay for any
endorsements. If Buyer desires to obtain an ALTA extended coverage owner's title policy, Buyer
shall deliver an ALTA survey, at Buyer's cost, to Title Company at least thirty (30) days prior to the
Closing Date and Buyer shall pay the additional cost for the extended coverage.
7. DUE DILIGENCE.
7.1 Due Diliqence. Seller has provided Buyer with any and all documents and
information in Seller's possession and control concerning the Property including, contracts, leases,
and reports. For a period of one hundred eighty (180) days from the Opening of Escrow ("Due
Diligence Period"), Buyer shall have the right to obtain at its cost to conduct such engineering,
feasibility studies, soils tests, environmental studies and other investigations as Buyer in its sole
discretion may desire, to permit Buyer to determine the suitability of the Property for Buyer's
contemplated uses and to conduct such other review and investigation which Buyer deems
appropriate to satisfy 'itself to acquire the Property, including Buyer securing financing and
necessary entitlements for Buyer's proposed project, in Buyer's sole discretion.
7.2 Disapproval of Due Diliqence Matters. Prior to expiration of the Due Diligence
Period ("Due Diligence Expiration Date"), Buyer may, in its sole discretion, notify Seller in writing
with a copy to Escrow Holder) of (i) its disapproval of the due diligence matters (excluding title
matters which are to be approved or disapproved pursuant to Section 6), and (ii) its election to
terminate this Agreement and Escrow ("Disapproval and Termination Notice"). If Buyer sends
the Disapproval and Termination Notice in the time and manner specified above, the parties shall
execute any documents required by Escrow Holder and upon receipt of said documents executed
by the parties, Escrow Holder shall return the Deposit (less any cancellation charges) to Buyer. If
Buyer does not deliver the Disapproval and Termination Notice in the time and manner specified
5
I.8.a
Packet Pg. 127
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
above, Buyer shall conclusively be deemed to have approved due diligence matters. Seller may, in
its discretion, agree in writing to extend the Due Diligence Expiration Date.
7.3 Right to Enter the Propertv. Commencing upon Opening of Escrow, Seller grants
Buyer, its agents and employees a limited license to enter upon the Property for the purpose of
conducting engineering surreys, soil tests, investigations or other studies reasonably necessary to
evaluate the condition of the Property, which studies, surveys, reports, investigations and tests
shall be done at Buyer's sole cost and expense.
Prior to entry onto the Property, Buyer shall (i) notify Seller the date and purpose of each
intended entry together with the names and affiliations of the persons entering the Property; (ii)
conduct all studies in a diligent, expeditious and safe manner and not allow any dangerous or
hazardous conditions to occur on the Property during or after such investigation; (iii) comply with all
applicable laws and governmental regulations; (iv) allow an employee of Seller to be present at
Seller's election; (v) keep the Property free and clear of all materialmen's liens, lis pendens and
other liens arising out of the entry and work performed under this provision; (vi) maintain or assure
maintenance of workers' compensation insurance (or state approved self-insurance) on all persons
entering the Property in the amounts required by the State of California; (vii) provide to Seller prior
to initial,entry a certificate of insurance evidencing that Buyer has procured and paid premiums for
an all-risk public liability insurance policy written on a per occurrence and not claims made basis in
a combined single limit of not less than TWO MILLION DOLLARS ($2,000,000) which insurance
names Seller as additional insured; (vii) return the Property to substantially its original condition
following Buyer's entry; (viii) provide Seller copies of all studies, surveys, reports, investigations
and other tests derived from any with the right to use same (as provided in Section 3.1.c)
Reports"); and (ix) to take the Property at closing subject to any title exceptions caused by Buyer
exercising this right to enter.
Buyer agrees to indemnify, and hold Seller free and harmless from and against any and
all losses, damages (whether general, punitive or otherwise), liabilities, claims, causes of action
whether legal, equitable or administrative), judgments, court costs and legal or other expenses
including reasonable attorneys' fees) which Seller may suffer or incur as a consequence of
Buyer's exercise of the license granted pursuant to this Section 7.3 or any act or omission by
Buyer, any contractor, subcontractor or material supplier, engineer, architect or other person or
entity acting by or under Buyer (except Seller and its agents) with respect to the Property,
excepting any and all losses, damages (whether general, punitive.or otherwise), liabilities, claims,
causes of action (whether legal, equitable or administrative), judgments, court costs and legal or
other expenses (including reasonable attorneys' fees) arising from the mere discovery by Buyer of
any hazardous materials or conditions and excepting to the extent such claims arise out of the
negligence or misconduct of Seller. Buyer's obligations under this Section 7.8 shall survive
termination of this Agreement for any reason.
The parties agree that breach of any Property entry or restoration conditions in this
Section 7.3 shall constitute a material breach of this Agreement.
8. CONCEPT PLAN; CEQA; AND ENTITLEMENT PROCESS
8.1 Concept Plan. Within sixty (60) days of the Effective Date, Buyer shall submit a
proposed concept plan for a mixed used project which shall include the proposed uses, proposed
parcel map and proposed site plan ("Concept Plan"). If Seller does not approve the Concept Plan,
Seller shall promptly notify Buyer of the issues with the initial plan submission who shall promptly
revise same and resubmit same to Seller. If Seller does not approve the Concept Plan, Seller shall
notify Buyer in writing of Seller's concerns and Buyer shall submit a revised version for Seller's
6
I.8.a
Packet Pg. 128
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
consideration. If Seller approves the Concept Plan, Seller shall issue a written approval notice of
same to Buyer ("Concept Plan Approval") and the date of such approval shall be referred to as
the "Concept Plan Approval Date." If the Seller is not able, or is unwilling to issue the Concept
Plan Approval within ninety (90) days from the Effective Date, either party may elect to terminate
this Agreement by written notice to the other party any time prior to the Seller's issuance of the
Concept Plan Approval. The Concept Plan that is approved by Seller is hereinafter referred to as
the"Proposed Concept Plan."
Buyer understands that Seller specifically (i) does not want the following uses in the Concept Plan:
gas station, automotive sales, equipment rental, laundromats, sale of used appliances, pawn
shops, technical schools, or convenience stores; and (ii) favors the following uses in the Concept
Plan: a hotel, creative/medical office building, sit down restaurants, a drive thru restaurant, a coffee
house, retail uses and multifamily residential complex.
BUYER ACKNOWLEDGES THAT THE EXECUTION OF THIS AGREEMENT BY SELLER AND
APPROVAL OF THE PROPOSED CONCEPT PLAN AS SELLER (A) DOES NOT CONSTITUTE
THE REQUIRED DISCRETIONARY APPROVALS NECESSARY BY THE CITY OF GRAND
TERRACE FOR THE ACTUAL DEVELOPMENT; (B) DOES NOT LIMIT IN ANY MANNER THE
DISCRETION OF THE CITY AS TO ITS APPROVAL PROCESS; AND (C) DOES NOT RELIEVE
BUYER OF THE OBLIGATION TO OBTAIN ALL ENTITLEMENTS AND PERMITS NECESSARY
TO COMPLETE THE DEVELOPMENT AS PROVIDED IN THE CONCEPT PLAN AND THE
GRANT DEED. BUYER UNDERSTANDS THAT THE CONCEPT PLAN MAY BE REVISED
DURING THE ENTITLEMENT PROCESS AND SELLER SHALL HAVE THE RIGHT TO REVIEW
AND APPROVE SUCH MODIFICATIONS WHICH APPROVAL SHALL NOT BE
UNREASONABLY WITHHELD OR DELAYED.
8.2 CEQA Processing. Seller shall be responsible to process the approval of the
Proposed Concept Plan in accordance with the California Environmental Quality Act ("CEQA"). As
soon as possible after the Concept Plan Approval Date, Seller shall commence and diligently
prosecute process same. Upon Seller's request, Buyer agrees to supply information and otherwise
to assist Seller to determine the environmental impact of the Proposed Concept Plan and to allow
Seller to prepare and process such environmental documents, if any, as may need to be
completed for the Proposed Concept Plan pursuant to the requirements of CEQA. Upon Buyer's
request from time to time, Seller shall keep Buyer informed as to the CEQA process. Without
limitation of the foregoing, Buyer specifically acknowledges and agrees that if Buyer elects to
proceed with the development of the Property and complete its purchase of the Property, Buyer
shall be required to satisfy all conditions of approval issued to ensure that the Project conforms to
all applicable CEQA requirements including all mitigation requirements.
8.3 Entitlement Process.
a. Commencement. As soon as possible but, in no event later than forty-five
45) days after the Concept Plan Approval Date, Buyer shall promptly apply for all discretionary
governmental permits and approvals consistent with the Proposed Concept Plan and diligently
prosecute same including, but not limited to, promptly responding to requests and modifications,
payment of all necessary fees, etc. ("Entitlements"). The Entitlements shall include, without
limitation, specific site plan approval, a new parcel map, a specific plan amendment and a
conditional use permit for any uses under the Proposed Concept Plan which would require a CUP
to be processed by Buyer. Buyer shall diligently prosecute and pursue all applications and permits
including providing prompt responses to the City for any additional requests and Seller shall
cooperate with Buyer's process. Buyer shall pay all applicable fees to secure all entitlements for
the Proposed Concept Plan.
7
I.8.a
Packet Pg. 129
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
b. Buver Approvals. Upon issuance of final conditions for any Entitlement,
Buyer shall have the right to disapprove same by issuing a written notice to Seller within twenty
20) days which shall also include Buyer's election to terminate this Agreement and the Escrow
Termination Notice"). For example, conditions of approval for the project required by the
Planning Commission may be appealed to the City Council. Upon the City Council's final
determination, Buyer shall have twenty (20) days to issue the Termination Notice to Seller for any
Entitlement. If Buyer delivers a Termination Notice in the time and manner specified for an
Entitlement, this Agreement shall be terminated, Escrow shall be cancelled and the Deposit (less
cancellation charges) shall be returned to Buyer. If Buyer fails to deliver the Termination Notice for
an Entitlement in the time and manner specified, Buyer shall be deemed to have approved all
conditions to such Entitlement.
C. Entitlement Period. Buyer shall use commercially reasonable efforts to
obtain all Entitlements within sixteen (16) months of the Concept Approval Date ("Entitlement
Period"). Provided Buyer has been diligently pursuing the Entitlements, Buyer shall have the right
to extend the Entitlement Period for two (2) months by providing written notice to Seller at least
twenty (20) days prior to the expiration of the Entitlement Period which notice summarizes in
reasonable detail the reason for the extension.
8.4 Post Closing Covenants. Upon the City's approval of the Proposed Concept Plan
and completion of the CEQA process, Seller shall prepare appropriate language to the Grant Deed
or in a separate Covenant Agreement) with respect to the following post-closing obligations which
must be completed within twenty-four (24) months from the Closing ("Post Closing Covenants"):
i) the construction time line; (ii) mandatory phasing with the northern portion of the Property must
be developed first; (iii) required uses; (iv) the requirement that a declaration of covenants,
conditions and restrictions specifically addressing reciprocal access and parking rights for the
proposed development in a form satisfactory to Seller must be either concurrently with the new
parcel map or if none, then prior to leasing of any portion of the Property; and (v) such other
obligations as reasonably required by Seller and approved by Buyer which approval shall not be
unreasonably withheld, conditioned or delayed. The Grant Deed (or Covenant Agreement) shall
also contain appropriate provision for the release of the Post Closing Covenants. The form of the
Grant Deed (of Covenant Agreement if applicable) shall be provided by Seller to Buyer for review
and comment.
8.6 Natural Hazard Disclosure Report. Upon Opening of Escrow, Escrow Holder shall
order a commercial Natural Hazards Disclosure report for the Property by Disclosure Source
NHD Report") to be delivered to Buyer by Escrow Holder. Buyer shall have twenty (20)) days
from receipt of the NHD Report, to review and approve NHD Report. If Buyer disapproves the NHD
Report within the twenty (20) day period, it shall do so in writing which shall concurrently terminate
this Agreement and the Escrow and receive a full refund of its Deposit (less cancellation charges).
If Buyer fails to disapprove the NHD Report in accordance with the foregoing requirements, Buyer
is conclusively deemed to have approved the NHD Report.
9. CONDITIONS PRECEDENT TO CLOSE OF ESCROW.
9.1 Conditions to Buver's Obliqations. The obligations of Buyer under this
Agreement are subject to the satisfaction or written waiver, in whole or in part, by Buyer of each of
the following conditions precedent ("Buyer's Conditions Precedent"):
i. Title Company will issue the Title Policy as specified in Section 6.2.
ii. Buyer has approved the NHD Report pursuant to Section 8.5.
8
I.8.a
Packet Pg. 130
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
iii. Seller has executed the Grant Deed and delivered it to Escrow Holder.
iv. If the Grant Deed does not contain the Covenants, then Seller shall execute two (2)
copies of the Covenant Agreement and delivered same to Escrow Holder.
v. Escrow Holder holds and will deliver to Buyer the instruments and funds, if any, accruing
to Buyer pursuant to.this Agreement.
vi. Buyer has not issued the Disapproval and Termination Notice pursuant to Section 7.2.
vii. Buyer has secured the Entitlements within the Entitlement Period (as may be extended
pursuant to Section 8.3.c), not issued a Termination Notice (pursuant to Section 8.3) and
the appeal period for the Entitlements has expired without legal challenges.
viii. The CEQA approvals have been issued in accordance with Section 8.2 and the appeal
period has expired without legal challenges.
ix. Seller is not in default of its obligations under this Agreement.
9.2 Conditions to Seller's Obligations. The obligations of Seller under this Agreement
are subject to the satisfaction or written waiver, in whole or in part, by Seller of the following
conditions precedent:
i. Buyer has delivered the balance of the Purchase Price to Escrow Holder.
ii. The Lot Tie Agreement (as defined in Section 1.3) has been executed by Buyer and
delivered to Escrow Holder, or alternatively the Parcel Map has been delivered to
Escrow Holder to be filed with the County Recorder at the Closing.
iii. The Acceptance to the Grant Deed (if applicable) has been executed by Buyer and
delivered to Escrow Holder, or alternatively, two (2) copies of the Covenant Agreement
has been executed and delivered to Escrow Holder.
iv. Buyer has not issued the Disapproval and Termination Notice pursuant to Section 7.2.
v. Seller has issued the Concept Plan Approval pursuant to Section 8.1.
vi. The CEQA approvals have been issued in accordance with Section 8.2, Buyer has not
issued a Termination Notice (pursuant to Section 8.3), and the appeal period has
expired without legal challenges.
vii. Buyer has secured the Entitlements within the Entitlement Period (as may be extended
pursuant to Section 8.3.c), not issued a Termination Notice (pursuant to Section 8. 3),
and the appeal period has expired without legal challenges.
viii. Title Company will issue the Title Policy as specified in Section 6.2.
ix. Escrow Holder holds and will deliver to Seller the instruments and funds accruing to
Seller pursuant to this Agreement.
x. Buyer is not in default of its obligations under this Agreement.
9
I.8.a
Packet Pg. 131
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
10. LIQUIDATED DAMAGES. IF BUYER SHOULD DEFAULT UNDER THIS AGREEMENT,
THEN BUYER AND SELLER AGREE THAT SELLER WILL INCUR DAMAGES BY REASON OF
SUCH DEFAULT BY BUYER OR FAILURE OF ESCROW TO CLOSE ON OR BEFORE THE
CLOSING DATE, WHICH DAMAGES SHALL BE IMPRACTICAL AND EXTREMELY
DIFFICULT, IF NOT IMPOSSIBLE, TO ASCERTAIN. BUYER AND SELLER, IN A
REASONABLE EFFORT TO ASCERTAIN WHAT SELLER'S DAMAGES WOULD BE IN THE
EVENT OF SUCH DEFAULT BY BUYER HAVE AGREED BY PLACING THEIR INITIALS
BELOW THAT THE DEPOSIT SHALL BE DEEMED TO CONSTITUTE A REASONABLE
ESTIMATE OF SELLER'S DAMAGES UNDER THE PROVISIONS OF SECTION 1671 OF THE
CALIFORNIA CODE OF CIVIL PROCEDURE. IN THE EVENT OF AND FOR SUCH DEFAULT
BY BUYER, THE DEPOSIT SHALL BE SELLER'S SOLE MONETARY REMEDY THEREFOR,
UNLESS BUYER WRONGFULLY REFUSES TO CAUSE ESCROW HOLDER TO CANCEL THE
ESCROW, IN WHICH INSTANCE SELLER SHALL ALSO BE ENTITLED TO ALL ACTUAL
THIRD-PARTY COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES
INCURRED BY SELLER WHICH MAY RESULT'FROM BUYER'S WRONGFUL FAILURE TO
CANCEL THE ESCROW AND THIS AGREEMENT. THE FOREGOING LIMITATION OF
DAMAGES SHALL NOT APPLY TO BUYER'S INDEMNITY OBLIGATIONS NOR THE
OBLIGATIONS OF BUYER TO DELIVER THE DOCUMENTS RSUANT TO SECTIONS 3.1.0
AND 7.3
art..
SelieNig'lnitials Ps Initials
11. CONDITION OF THE PROPERTY.
11.1 Disclaimer of Warranties. Upon the Close of Escrow, Buyer shall acquire the
Property in its "AS-IS" condition without any representations and warranties and Buyer shall be
responsible for any defects in the Property, whether patent or latent, including, without limitation,
the physical, environmental and geotechnical condition of the Property, and the existence of any
contamination, Hazardous Materials, vaults, debris, pipelines; or other structures located on, under
or about the Property, and Seller makes no other representation or warranty concerning the
physical, environmental, geotechnical or other condition of the Property, and Seller specifically
disclaims all representations or warranties of any nature concerning the Property made by it. The
foregoing disclaimer includes, without limitation, topography, climate, air, water rights, utilities, soil,
subsoil, existence of Hazardous Materials or similar substances, the purpose for which the
Property is suited, or drainage.
11.2 Hazardous Materials. Buyer understands and agrees that, in the event Buyer
incurs any loss or liability concerning Hazardous Materials (as hereinafter defined) and/or
underground storage tanks whether attributable to events occurring prior to or following the
Closing, then Buyer may look to current or prior owners of the Property, but in no event shall Buyer
look to Seller for any liability or indemnification regarding Hazardous Materials and/or underground
storage tanks. Buyer, from and after the Closing, hereby waives, releases, remises, acquits and
forever discharges Seller, and each of the entities constituting Seller, if any, of and from any and all
Environmental Claims, Environmental Cleanup Liability and Environmental Compliance Costs, as
those terms are defined below, and from any and all actions, suits, legal or administrative orders or
proceedings, demands, actual damages, punitive damages, loss, costs, liabilities and expenses,
which concern or in any way relate to the physical or environmental conditions of the Property, the
existence of any Hazardous Material thereon, or the release or threatened release of Hazardous
Materials there from, whether existing prior to, at or after the Closing. It is the intention of the
parties pursuant to this release=that any and all responsibilities and obligations of Seller, and any
and all rights, claims, rights of action, causes of action, demands or legal rights of any kind of
10
I.8.a
Packet Pg. 132
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
Buyer, its successors, assigns or any affiliated entity of Buyer, against the Seller, arising by virtue
of the physical or environmental condition of the Property, the existence of any Hazardous
Materials thereon, or any release or threatened release of Hazardous Material there from, whether
existing prior to, at or after the Closing, are by this release provision declared null and void and of
no present or future force and effect as to the parties; provided, however, that no parties other than
the Indemnified Parties (defined below) shall be deemed third party beneficiaries of such release.
In connection therewith, Buyer and each of the entities constituting Buyer, expressly agree
to waive any and all rights which said party may have with respect to such released claims under
Section 1542 of the California Civil Code which provides as follows:
A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if
known by him or must have materially affected his or her settlement with the
debtor."
Buyer Initials Seller Initials
J
Buyer and ea of the entities constituting Buyer, shall, fro d after the Closing, defend,
indemnify and hold harmless Seller and each of the entities constituting Seller (collectively, the
Indemnified Parties") from and against any and all Environmental Claims, Environmental
Cleanup Liability, Environmental Compliance Costs, and any other claims, actions, suits, legal or
administrative orders or proceedings, demands or other liabilities resulting at any time from the
physical and/or environmental conditions of the Property whether before or after the Closing or
from the existence of any Hazardous Materials or the release or threatened release of any
Hazardous Materials of any kind whatsoever, in, on or under the Property occurring at any time
whether before or after the Closing, including, but not limited to, all foreseeable and unforeseeable
damages, fees, costs, losses and expenses, including any and reasonable attorneys' fees and
environmental consultant fees and investigation costs and expenses, directly or indirectly arising
there from, and including fines and penalties of any nature whatsoever, assessed, levied or
asserted against any Indemnified Parties to the extent that the fines and/or penalties are the result
of a violation or an alleged violation of any Environmental Law. Buyer further agrees that in the
event Buyer obtains, from former or present owners of the Property or any other persons or
entities, releases from liability, indemnities, or other forms of hold harmless relating to the subject
matter of this Section, Buyer shall use its diligent efforts to obtain for Seller the same releases,
indemnities and other comparable provisions.
For purposes of this Agreement, the following terms shall have the following meanings:
Environmental Claim" means any claim for personal injury, death and/or property damage
made, asserted or prosecuted by or on behalf of any third party, including, without limitation, any
governmental entity, relating to the Property or its operations and arising or alleged to arise under
any Environmental Law.
Environmental Cleanup Liability" means any cost or expense of any nature whatsoever
incurred to contain, remove, remedy, clean up, or abate any contamination or any Hazardous
Materials on or under all or any part of the Property, including the ground water hereunder,
including, without limitation, (i) any direct costs or expenses for investigation, study, assessment,
legal representation, cost recovery by governmental agencies, or ongoing monitoring in connection
therewith and (ii) any cost, expense, loss or damage incurred with respect to the Property or its
operation as a result of actions or measures necessary to implement or effectuate any such
containment, removal, remediation, treatment, cleanup or abatement.
11
I.8.a
Packet Pg. 133
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
Environmental Compliance Cost" means any cost or expense of any nature whatsoever
necessary to enable the Property to comply with all applicable Environmental Laws in effect.
Environmental Compliance Cost" shall include all costs necessary to demonstrate that the
Property is capable of such compliance.
Environmental Law" means any federal, state or local statute, ordinance, rule, regulation,
order, consent decree, judgment or common-law doctrine, and provisions and conditions of
permits, licenses and other operating authorizations relating to (i) pollution or protection of the
environment, including natural resources, (ii) exposure of persons, including employees, to
Hazardous Materials or other products, raw materials, chemicals or other substances, (iii)
protection of the public health or welfare from the effects of by-products, wastes, emissions,
discharges or releases of chemical sub-stances from industrial or commercial activities, or (iv)
regulation of the manufacture, use or introduction into commerce of chemical substances,
including, without limitation, their manufacture, formulation, labeling, distribution, transportation,
handling, storage and disposal.
Hazardous Material" is defined to include any hazardous or toxic substance, material or
waste which is or becomes regulated by any local governmental authority, the State of California,
or the United States Government. The term "Hazardous Material" includes, without limitation, any
material or substance which is: (i) petroleum or oil or gas or any direct or derivate product or
byproduct thereof; (ii) defined as a "hazardous waste," "extremely hazardous waste" or "restricted
hazardous waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of
the California Health and Safety Code; (iii) defined as a "hazardous substance" under Section
25316 of the California Health and Safety Code; (iv) defined as a "hazardous material," "hazardous
substance," or "hazardous waste" under Sections 25501(o) and (p) and 25501.1 of the California
Health and Safety Code (Hazardous Materials Release Response Plans and Inventory); (v)
defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code
Underground Storage of Hazardous Substances); (vi) "used oil" as defined under Section 25250.1
of the California Health and Safety Code; (vii) asbestos; (viii) listed under Article 9 or defined as
hazardous or extremely hazardous pursuant to Article 1 of Title 22 of the California Code of
Regulations, Division 4, Chapter 30; (ix) defined as "waste" or a "hazardous substance" pursuant to
the Porter-Cologne Act, Section 13050 of the California Water Code; (x) designated as a "toxic
pollutant" pursuant to the Federal Water Pollution Control Act, 33 U.S.C. §1317; (xi) defined as a
hazardous waste" pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C.
6901, et seq. (42 U.S.C. §6903); (xii) defined as a "hazardous substance" pursuant to the
Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601, et
seq. (42 U.S.C. §9601); (xiii) defined as "Hazardous Material" or a "Hazardous Substance"
pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; or (xiv) defined
as such or regulated by any "Superfund" or"Superlien" law, or any other federal, state or local law,
statute, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing
liability or standards of conduct concerning Hazardous Materials, oil wells, underground storage
tanks, and/or pipelines, as now, or at any time hereafter, in effect.
Notwithstanding any other provision of this Agreement, Buyer's release and indemnification
as set forth in the provisions of this Section, as well as all other provisions of this Section, shall
survive the termination of this Agreement and shall continue in perpetuity.
12. ESCROW PROVISIONS.
12.1 Escrow Instructions. Sections 1 through 6, inclusive, 9, 12, 14 & 15 constitute the
escrow instructions to Escrow Holder. If required by Escrow Holder, Buyer and Seller agree to
execute Escrow Holder's standard escrow instructions, provided that the same are consistent with
12
I.8.a
Packet Pg. 134
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
and do not conflict with the provisions of this Agreement. In the event of any such conflict, the
provisions of this Agreement shall prevail. The terms and conditions in sections of this Agreement
not specifically referenced above are additional matters for information of Escrow Holder, but about
which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder's
general provisions directly from Escrow Holder and will execute such provision upon Escrow
Holder's request. To the extent that the general provisions are inconsistent or conflict with this
Agreement, the general provisions will control as to the duties and obligations of Escrow Holder
only. Buyer and Seller agree to execute additional instructions, documents and forms provide by
Escrow Holder that are reasonably necessary to close Escrow.
12.2 General Escrow Provisions. Escrow Holder shall deliver the Title Policy to the
Buyer and instruct the San Bernardino County Recorder to mail the Grant Deed to Buyer at the
address set forth in Section 14 after recordation. All funds received in this Escrow shall be
deposited in one or more general escrow accounts of the Escrow Holder with any bank doing
business in Southern California, and may be disbursed to any other general escrow account or
accounts. All disbursements shall be according to that party's instructions.
12.3 Proration of Real Provertv Taxes. As a public agency, Seller is not subject to real
property taxes. According, Buyer shall take the Property subject to all taxes accruing from and after
the Closing.
12.4 Pavment of Costs.
a. Cost Allocation. Seller shall pay the costs for the Title Policy (non-extended ALTA
owner's policy), any documentary transfer taxes, and one-half(1/2) of the escrow costs
Seller's Charges"). Buyer shall pay the cost of any additional endorsements to the
Title Policy requested by Buyer or for any ALTA extended coverage owner's policy (as
provided in Section 6.1), one-half (1/2) of the escrow fees, the recording charges for
the Grant Deed, Covenant Agreement (if applicable) and the Lot Line Adjustment, and
any charges incurred by Buyer's acts ("Buyer's Charges"). All other costs of Escrow
not otherwise specifically allocated by this Agreement shall be apportioned between
the parties in a manner consistent with the custom and usage of Escrow Holder.
b. Closing Statement. At least two (2) business days prior to the Closing Date, Escrow
Holder shall furnish Buyer and Seller with a preliminary Escrow closing statement
which shall include each party's respective shares of costs. The preliminary closing
statement shall be approved in writing by the parties. As soon as reasonably possible
following the Close of Escrow, Escrow Holder shall deliver a copy of the final Escrow
closing statement to each party.
12.5 Termination and Cancellation of Escrow. If Escrow fails to close due to a failure
of a condition precedent, then the party in whose favor the condition precedent runs may elect to
cancel this Escrow upon written notice to the other party and Escrow Holder. Upon cancellation,
Escrow Holder is instructed to return (i) the funds in accordance with the foregoing provisions of
this Agreement, and (ii) all documents then in Escrow to the respective depositor of the same with
Escrow Holder. Cancellation of Escrow, as provided herein, shall be without prejudice to whatever
legal rights Buyer or Seller may have against each other arising from the Escrow or this
Agreement.
12.6 Information Resort. Escrow Holder shall file and Buyer and Seller agree to
cooperate with Escrow Holder and with each other in completing any report("Information Report")
and/or other information required to be delivered to the Internal Revenue Service pursuant to
13
I.8.a
Packet Pg. 135
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
Internal Revenue Code Section 60451 regarding the real estate sales transaction contemplated by
this Agreement, including without limitation, Internal Revenue Service Form 1099-B as such may
be hereinafter modified or amended by the Internal Revenue Service, or as may be required
pursuant to any regulation now or hereinafter promulgated by the Treasury Department with
respect thereto. Buyer and Seller also agree that Buyer and Seller, their respective employees and
attorneys, and escrow Holder and its employees, may disclose to the Internal Revenue Service,
whether pursuant to such Information Report or otherwise, any information regarding this
Agreement or the transactions contemplated herein as such party reasonably deems to be
required to be disclosed to the Internal Revenue Service by such party pursuant to Internal
Revenue Code Section 60451, and further agree that neither Buyer nor Seller shall seek to hold
any such party liable for the disclosure to the Internal Revenue Service of any such information.
12.7 No Withholdinq as Foreiqn Seller. Seller represents and warrants to Buyer that
Seller is not, and as of the Close of Escrow will not be, a foreign person within the meaning of
Internal Revenue Code Section 1445 or an out-of-state seller under California Revenue and Tax
Code Section 18805 and that it will deliver to Buyer on or before the Close of Escrow a non-foreign
affidavit on Escrow Holder's standard form pursuant to Internal Revenue Code Section 1445(b)(2)
and the Regulations promulgated thereunder and a California Form 590-RE.
12.8 Brokeraqe Commissions. Buyer and Seller each represent and warrant to the
other that no third party is entitled to a broker's commission and/or finder's fee with respect to the
transaction contemplated by this Agreement. Buyer and Seller each agree to indemnify and hold
the other parties harmless from and against all liabilities, costs, damages and expenses, including,
without limitation, attorneys' fees, resulting from any claims or fees or commissions, based upon
agreements by it, if any, to pay a broker's commission and/or finder's fee.
13. NON-COLLUSION. No official, officer, or employee of the Agency has any financial
interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of the
Agency participate in any decision relating to this Agreement which may affect his/her financial
interest or the financial interest of any corporation, partnership, or association in which (s)he is
directly or indirectly interested, or in violation of any interest of any corporation, partnership, or
association in which (s)he is directly or indirectly interested, or in violation of any State or municipal
statute or regulation. The determination of 'financial interest" shall be consistent with State law and
shall not include interest found to be "remote" or "non interest" pursuant to California Government
Code Sections 1091 and 1091.5. Seller warrants and represents that (s)he/it has not paid or given,
and will not pay or give, to any third party including, but not limited to, and Agency official, officer,
or employee, any money, consideration, or other thing of value as a result or consequence of
obtaining or being awarded this Agreement. Seller further warrants and represents that (s)he/it has
not engaged in any act(s), omission(s), or other conduct or collusion that would result in the
payment of any money, consideration, or other thing of value to any third party including, but not
limited to, any Agency official, officer, or employee, as a result or consequence of obtaining or
being awarded any agreement. Seller is aware of and understands that any such act(s),
omission(s) or other conduct resulting in the payment of money, consideration, or other thing of
value will render this Agreement void a of no force or effect.
Buyer's Initials: A-
14. NOTICES. Any notice whic ether party may desire to give to the other party or to the
Escrow Holder must be in writing and may be given by personal delivery which will be deemed
received the following day or by mailing the same by registered or certified mail, return receipt
requested which will be deemed delivered three (3) days after depositing same in the mail,
14
I.8.a
Packet Pg. 136
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
addressed to the party to whom the notice is directed as set forth below, or such other address and
to such other persons as the parties may hereafter designate:
To Seller: City of Grand Terrace
22795 Barton Rd.
Grand Terrace, CA 92313
Attention: City Manager
With a Copy to: Aleshire &Wynder, LLP
18881 Von Karman Avenue, Suite 1700
Irvine, CA 92612
Attention: Adrian Guerra, City Attorney
To Buyer: Greens Group, Inc.
9289 Research Drive
Irvine, CA 92618.
Attn: President
With a Copy to: Buckner, Robinson & Mirkovich
3146 Red Hill Avenue, Suite 200
Costa Mesa, CA 92626
Attention: William D. Buckner, Esq.
To Escrow Holder: Fidelity National Title Insurance Company
21680 Gateway Center Drive, Suite 110
Diamond Bar, CA 91765
Mary Lou Adame, Escrow Officer
15. GENERAL PROVISIONS.
15.1 Assignment. Buyer has no right to assign this Agreement without the prior written
consent of Seller in its sole and absolute discretion as Seller is relying upon the integrity and
expertise of Buyer.'Notwithstand ing the forgoing, Seller will not unreasonably withhold its consent
to an assignment to an entity owned and controlled by Buyer or the principals of Buyer namely
Sharad Kadakia, Ashutosh Kadakia and/or Atman Kadakia. This Agreement shall be binding upon
and shall inure to the benefit of Buyer and Seller and their respective heirs, personal
representatives, successors and assigns.
16.2 Attornev's Fees. In any action between the parties hereto, seeking enforcement of
any of the terms and provisions of this Agreement or the Escrow, or in connection with the
Property, the prevailing party in such action shall be entitled, to have and to recover from the other
party its reasonable attorneys' fees and other reasonable expenses in connection with such action
or proceeding, in addition to its recoverable court costs.
15.3 Interpretation: Governing Law. Venue. This Agreement shall be construed
according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be
construed in accordance with the laws of the State of California in effect at the time of the
execution of this Agreement. Titles and captions are for convenience only and shall not constitute a
portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and
the singular or plural number shall each be deemed to include the others wherever and whenever
the context so dictates. The venue for any dispute shall be San Bernardino County.
15
I.8.a
Packet Pg. 137
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
15.4 No Waiver. No delay or omission by either party in exercising any right or power
accruing upon the compliance or failure of performance by the other party under the provisions of
this Agreement shall impair any such right or power or be construed to be a waiver thereof. A
waiver by either party of a breach of any of the covenants, conditions or agreements hereof to be
performed by the other party shall not be construed as a waiver of any succeeding breach of the
same or other covenants, agreements, restrictions or conditions hereof.
16.5 Modifications. Any alteration, change or modification of or to this Agreement, in
order to become effective, shall be made by written instrument or endorsement thereon and in
each such instance executed on behalf of each party hereto
15.6 Severabilib . If any term, provision, condition or covenant of this Agreement or the
application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument, or the application of such term, provisions,
condition or covenant to persons or circumstances other than those as to whom or which it is held
invalid or unenforceable, shall not be affected thereby, and each term and provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
16.7 Merqer. This Agreement and other documents incorporated herein by reference
contain the entire understanding between the parties relating to the transaction contemplated
hereby and all prior to contemporaneous agreements, understandings, representations and
statements, oral or written are merged herein and shall be of no further force or effect.
16.8 Construction. In determining the meaning of, or resolving any ambiguity with
respect to, any word, phrase or provision of this Agreement, no uncertainty or ambiguity shall be
construed or resolved against a party under any rule of construction, including the party primarily
responsible for the drafting and preparation of this Agreement. Headings used in this Agreement
are provided for convenience only and shall not be used to construe meaning or intent. As used in
this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each
be deemed to include the others wherever and whenever the context so dictates.
15.9 Qualification and Authoritv. Each individual executing this Agreement on behalf of
Buyer represents, warrants and covenants to the Authority that (a) such person is duly authorized
to execute and deliver this Agreement on behalf of Buyer in accordance with authority granted
under the organizational documents of such entity, and (b) Buyer is bound under the terms of this
Agreement.
16.10 No Third Partv Beneficiaries. This Agreement is only between the parties, and is
not intended to be nor shall it be construed as being for the benefit of any third party.
16.11 Execution in Counterparts. This Agreement may be executed in several
counterparts, and all so executed shall constitute one agreement binding on all parties hereto,
notwithstanding that all parties are not signatories to the original or the same counterpart.
16. 12 Exhibits. Exhibits A. A=1 and B attached hereto are incorporated herein by
reference.
SIGNATURES ON THE FOLLOWING PAGE]
16
I.8.a
Packet Pg. 138
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
In Witness Whereof, the parties have executed this Agreement as of the date first written
above.
REMINDER:
Parties;must initial Section$;9, 10.2 and'i 2,`as applicable;
BUYER:SELLER:
GREENS G P, INC, a C lifornia City of Grand Terrace, a municipal
corporatio corporation
By: By:
PrinUOrneRshutoilh Kadakia D r yor
thief Financial Officer
911-3h'9 , '
q11'ST:
Accepted:
eb Thomas,
Escrow Holder: City Clerk
Accepted and agreed to:
APPROVED AS TO FORM:
By: Aleshire &Wynder, LLP
Marylou Adame, Escrow Officer
Dated: 2019 By.
Adrian R. Guerra, City Attoey
17
I.8.a
Packet Pg. 139
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
That certain real property in the City of Grand Terrace, County of San Bernardino, State of
California, legally described as follows:
PARCEL A: (22317 Barton Road) (APN 1167-311-01-0000)
A portion of Lot 2 of Sedion 5,To yddp 2 South,Range 4 West,San Bernardino Base and
Meridian,amording too map of Lands of the east Rivetstde Land Company,moorded in book 6 of
Maps,pop 44,R,ecords ofsaid County,more panblarty described as tkwz
Beginning at the Northwest comer of said Lot 2;
Thence along the West One of said Lot 2 a distance of 415.27 feet{
Thence cast a distance of 150 feet;
Thence North a distance of 415.27 feet W the North One of said Lot 2,
Thence west a distance of 150 feet along the North One of sald Lot 2 to the paint of beginning.
Said property Is also shown on Lkersed Land Sunveyoes Plat moorded In book 5,pages 25 to 29,
Inclusive,record of Surveys.
PARCEL B: (22293 Barton) APN 1167-231-01-0000
The East 100 feet ofLot 3,Section S,Township 2 South,Range 4 West, San Bernardino
Meridian, in the County ofSan Bernardino, State ofCalifornia,according to map ofEast
Riverside Land Company, as per plat recorded in book 6 of maps,page 44,records of
said county.
Excepting therefrom that portion conveyed to the City of Grand Terrace by deed recorded
December 11, 1996 as instrument NO. 86-376453,Official Records.
CONTINED ON FOLLOWING PAGE
1
I.8.a
Packet Pg. 140
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
PARCEL C: (22273 Barton) APN 1167-231-02-0000
PARCEL 1:
THE WEST 100 FEET OF THE EAST 200 FEET OF LOT 3,SECTION 5,TOWNSHIP 2 SOUTH,RANGE 4
WEST,SAN BERNARDINO BASE AND MERIDIAN,ACCORDING TO MAP OF EAST RIVERSIDE LAND
COMPANY,AS PER PLAT RECORDED IN BOOK 6 OF MAPS,PAGE 44,RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THE NORTHERLY 17.00 FEETTHEREOF AS CONVEYED TO THE CITY OF
GRAND TERRACE,BY DEED RECORDED APRIL 15,1987 AS INSTRUMENT NO.87-123616 OFFICIAL
RECORDS.
PARCEL 2:
THE WEST 40 FEET OF THE EAST 240 FEET OF LOT 3,SECTION 5,TOWNSHIP 2 SOUTH,RANGE 4
WEST,SAN BERNARDINO BASE AND MERIDIAN,ACCORDING TO MAP OF EAST RIVERSIDE LAND
COMPANY,AS PER PLAT RECORDED IN BOOK 6 OF MAPS,PAGE 44,RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THE NORTHERLY 17.00 FEET THEREOF AS CONVEYED TO THE CITY GRAND
TERRACE,BY DEED RECORDED APRIL 15,1987 AS INSTRUMENT NO.87-123616 OFFICIAL RECORDS.
2
I.8.a
Packet Pg. 141
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
EXHIBIT A-1
DEPICTION OF PARCELS
47.
71
P
s
x
d
Parcel C Parcel B Parcel A
22273 Barton Rd 22293 Barton Rd 22317 Barton Rd
APN: 1167-231-02-0000 APN: 1167-231-01-0000 APN: 1167-311-01-0000
1
I.8.a
Packet Pg. 142
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
EXHIBIT B
GRANT DEED
Recording requested by and
When Recorded Return to:
Greens Group, Inc.
9289 Research Drive
Irvine, CA 92618.
Attn: President
APN. Space Above This Line for Recorder's Office Use Only)
Exempt from Recording Fee per Gov. Code§6103)
THE UNDERSIGNED GRANTOR DECLARES that the
documentary transfer tax (computer on full value) is
GRANT DEED
IWith Option to Repurchase)
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged and subject
to the covenants set forth below the CITY OF GRAND TERRACE, a municipal corporation
Grantor") grants to Grantee"), all of its rights, title, and interest in
that certain real property in the City of Grand Terrace, County of San Bernardino, State of
California, as more particularly described in Exhibit A attached hereto and incorporated by this
reference ("Property").
As material consideration for this conveyance, Grantee covenants for itself and any
successors in interest for the benefit of Grantor, as follows:
1. DEVELOPMENT COVENANT.
TO BE COMPLETED BY GRANTOR PURSUANT TO SECTION 8.5.
Work Covenants. Grantee's post closing work covenants shall include all of the following to
be completed by Grantee at Grantee's sole cost and expense ("Work Covenants"): (i)
Grantee's completion of site work and off-site construction plans; (ii) Grantee's completion of
site work and off-site work (excluding buildings); (iii) Grantee's execution and delivery of a
Subdivision Improvement Agreement (including providing security for same) in accordance with
applicable law; (iv) Grantee has installed utility mains to the boundary of the Property in
accordance with approved plans; (v) Grantee has paved the parking lot (except within the multi-
family parcel of the Proposed Concept Plan) ("Multi-Family Parcel"); and (vi) Grantee has
rough graded the Multi-Family Parcel and stubbed utilities to the boundary of the Multi-Family
Parcel.
Outside Completion Date. Grantee shall complete the Covenants (or bond same to the
satisfaction of Grantor) on or before twenty-four (24) months from the date of recordation of the
Grant Deed ("Outside Completion Date").
Extension of Outside Completion Date. The Outside Completion Date shall be subject to
being extended due to force majeure events, which shall expressly include a general economic
downturn for the area in which event the Outside Completion Date may be extended for a
1
I.8.a
Packet Pg. 143
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
period not to exceed two (2) years. If Grantee claims an extension under this provision,
Grantee must promptly provide written notice of such claim to Grantor.
Termination Provisions. Upon completion of all of the Covenant Work and Grantee's written
request, Grantor shall execute, acknowledge and record a document to release the
Development Covenant (including the Right of Re-Purchase below) from the public record
Release").
Force Majeure. Force majeure shall mean delays caused by an act of God, fire, terrorism,
governmental delay, inaction or moratorium or other casualty, event or accident beyond
Grantee's reasonable control, strike, lock-out, factory shut-down or altercation, embargo, or
riot. However, if Grantee claims a delay due to one of the foregoing events, Grantee must
promptly provide written notice of such occurrence to Grantor.
2. RE-PURCHASE OPTION.
If Grantee is in Default (as defined below) and prior to the recordation of the Release
defined in Section 1), Grantor shall have the option to buy back the Property ("Option") from
Grantee for the sum of ("Option Purchase Price"): (i) the original Purchase Price paid by Grantee
to the Grantor ("Original Purchase Price"), plus (ii) actual costs paid by Buyer to third parties for
entitling and designing, the Property to the date of the closing including, without limitation,
architects, engineers, government fees and costs paid to the City under the Reimbursement
Agreement for entitlements but not including any hard costs, attorney fees or commissions
Additional Costs"). Upon exercise of the Option, Grantee shall promptly deliver to Grantor a
detailed summary of all claimed Additional Costs as part of the Option Purchase Price together
with proof of payment, copies of the applicable agreements and the plans, specifications, reports
and documents. Upon confirmation of the Option Purchase Price, the parties shall cooperate with
opening escrow to facilitate the transfer of the Property to Grantor for the Option Purchase Price
which shall include the assignment of the various plans, specifications, agreements and
documents for which Grantee is being reimbursed as part of the Option Purchase Price. At closing,
Grantor shall have the right to take possession of the Property free of any claims or rights of
possession.
Grantee shall be in default under Section 1 ("Default") if:
a. Grantee fails to commence construction of the Work Covenants as required by
Section 1 for a period of ninety (90) days after written notice to proceed from Grantor
and to diligently prosecute such construction subject to force majeure events;
b. Grantee abandons or substantially suspend construction of the improvements for a
period of ninety (90) days other than due to force majeure events; or
c. Grantee fails to complete the Work Covenants by the Outside Completion Date
subject to extension pursuant to Section 1 or force majeure events).
The right to re-purchase the Property shall be subject to and shall not defeat, render invalid, or limit
any mortgage, deed of trust, or other security interests to which Grantor has consented in writing.
3. COVENANT OF NON-DISCRIMINATION.
2
I.8.a
Packet Pg. 144
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
Grantee agrees to refrain from restricting the rental, sale, or lease of any portion of the Property
on the basis of race, color, creed, religion, sex, marital status, age, ancestry, or national origin of
any person. All such deeds, leases, or contracts shall contain or be subject to substantially the
following nondiscrimination or non-segregation clauses:
a) Deeds: In deeds the following language shall appear: "The grantee herein
covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation
of any person or group of persons on account of race, color, creed, religion, sex, marital
status, age, ancestry, or national origin in the sale, lease, rental, sublease, transfer, use,
occupancy,tenure, or enjoyment of the land herein conveyed, nor shall the grantee itself, or
any persons claiming under or through it, establish or permit any such practice or practices
of discrimination or segregation with reference to the selection, location, number, use, or
occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land herein
conveyed. The foregoing covenants shall run with the land."
b) Leases: In leases the following language shall appear: "The lessee herein
covenants by and for itself, its heirs, executors, administrators, successors, and assigns,
and all persons claiming under or through them, and this lease is made and accepted upon
and subject to the following conditions: 'That there shall be no discrimination against or
segregation of any person or group of persons on account of race, color, creed, religion,
sex, marital status, age, ancestry, or national origin in the leasing, subleasing, renting,
transferring, use, occupancy, tenure, or enjoyment of the land herein leased nor shall the
lessee itself, or any person claiming under or through it, establish or permit any such
practice or practices of discrimination or segregation with reference to the selection,
location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or
vendees in the land herein leased."
c) Contracts: In contracts pertaining to conveyance of the realty the following
language shall appear: 'There shall be no discrimination against or segregation of any
person or group of persons on account of race, color, creed, religion, sex, marital status,
age, ancestry, or national origin in the sale, lease, rental, sublease, transfer, use,
occupancy, tenure, or enjoyment of the land, nor shall the transferee itself, or any person
claiming under or through it, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use, or
occupancy of tenants, lessees, subtenants, sublessees, or vendees of the land."
The forgoing covenants shall remain in effect in perpetuity.
4. NOTICE. All notices shall be in writing and delivered personally, by overnight air courier
service, by facsimile transmission or email, or by U.S. certified or registered mail, return receipt
requested, postage prepaid, to the parties at their respective addresses set forth below, and
the same shall be effective upon receipt if delivered personally, one (1) business day after
depositing with an overnight air courier, or two (2) business days after depositing in the mail
immediately, upon transmission (as confirmed by electronic confirmation of transmission
generated by the sender's machine)for any notice given by facsimile or email:
To Grantor: City of Grand Terrace
22795 Barton Rd.
Grand Terrace, CA 92313
Attention: City Manager
3
I.8.a
Packet Pg. 145
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
With a Copy to: Aleshire &Wynder, LLP
18881 Von Karman Avenue, Suite 1700
Irvine, CA 92612
Attention: Adrian Guerra, City Attorney
To Grantee: Greens Group, Inc.
9289 Research Drive
Irvine, CA 92618.
Attn: President
With a Copy to: Buckner, Robinson & Mirkovich
3146 Red Hill Avenue, Suite 200
Costa Mesa, CA 92626
Attention: William D. Buckner, Esq.
6. CALIFORNIA LAW. The Covenants contained in this Deed shall be construed in accordance
with the laws of the State of California.
6. INTERPRETATION. If an ambiguity or question of intent or interpretation arises, then the
terms of this Deed, including but not limited to, the Covenants, shall be construed as if drafted
jointly by the parties, and no presumption or burden of proof will arise favoring or disfavoring
any party to this Deed, including but not limited to,the Covenants, by virtue of the authorship of
any of the provisions of this Deed.
7. SEVERABILITY. If any provision of this Deed or portion thereof, or the application to any
person or circumstances, shall to any extent be held invalid, inoperative or unenforceable, the
remainder of the covenants contained in this Deed, or the application of such provision or
portion thereof to any other persons or circumstances, shall not be affected thereby.
8. ATTORNEY'S FEES. In the event any action or suit is brought by a party hereto against
another party hereunder by reason of any breach of any of the covenants, agreements or
provisions on the part of the other party arising out of this Deed, then in that event the
prevailing party shall be entitled to have and recover from the other party all costs and
expenses of the action or suit, including reasonable attorneys' fees, expert witness fees,
accounting and engineering fees, and any other professional fees resulting therefrom.
SIGNATURES ON FOLLOWING PAGE]
4
I.8.a
Packet Pg. 146
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed on its behalf
as of the date written below.
GRANTOR:
City of Grand Terrace, a municipal
corporation
By:
Darcy McNaboe, Mayor
2019
ATTEST:
Debra Thomas,
City Clerk
APPROVED AS TO FORM:
Aleshire &Wynder, LLP
By:
Adrian R. Guerra, City Attorney
5
I.8.a
Packet Pg. 147
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
ACCEPTANCE BY GRANTEE
By its acceptance of this Grant Deed, Grantee hereby agrees as follows:
1. Grantee expressly understands and agrees that the terms of this Grant Deed shall be
deemed to be covenants running with the land and shall apply to all of the Grantee's successors
and assigns.
2. The provisions of this Grant Deed are hereby approved and accepted.
Greens Group, Inc., a California corporation
Dated: 201_By:
Its:
6
I.8.a
Packet Pg. 148
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
Exhibit A
Legal Description of the Property
That certain real property located in the City of Grand Terrace, County of San Bernardino, State of
California, and is described as follows:
1
I.8.a
Packet Pg. 149
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
ss.
COUNTY OF
On 201_ before me, a notary public,
personally appeared who proved to me
on the basis of satisfactory evidence to.be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
SEAL:
1
I.8.a
Packet Pg. 150
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
ss.
COUNTY OF
On 201_before me, a notary
public, personally appeared who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
SEAL:
1
I.8.a
Packet Pg. 151
At
t
a
c
h
m
e
n
t
:
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
-
G
r
e
e
n
s
G
r
o
u
p
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
01247.0020/642172.6 1
FIRST AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS
This FIRST AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS (“Amendment”) is entered into this ___ day of ______, 2020 by and between the CITY OF GRAND TERRACE, a public body, corporate and politic (“Seller”) and GREENS GROUP, INC., a California corporation (“Buyer”).
RECITALS: A. Seller and Buyer entered into that certain Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions dated August 13, 2019 (“Original PSA”), regarding the sale of certain unimproved real property located at 22317, 22293 & 22273 Barton Road, City of
Grand Terrace, County of San Bernardino (APNs 1167-311-01, 1167-231-01, & 1167-231-02) as legally described in the Original PSA.
B. On August 16, 2019, Buyer delivered One Hundred Fifty Thousand Dollars
($150,000) to Escrow Holder as the Deposit under the Original PSA and Escrow No. 30034187 was opened.
C. The COVID-19 pandemic and the state quarantine emergency orders have resulted in the virtual shutdown of businesses including financial institutions. Accordingly, the parties are willing to cooperate to extend certain mandatory dates and to amend certain other requirements in the Original PSA. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, Seller and Buyer agree as follows: AGREEMENT 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference.
2. Defined Terms. All terms not specifically defined in this Amendment shall have the meaning in the Original PSA.
3. Amendment Effective Date. This Amendment shall be effective upon execution by Seller (“Amendment Effective Date”).
4. Amendments/Modifications. The Original PSA is amended/modified as follows:
A. Section 2.2 (Opening of Escrow). The parties confirm that the Opening of Escrow occurred on August 16, 2019.
B. Section 3.2.a (Deposit). Section 3.2.a is amended to reduce the original amount of the Deposit from One Hundred Fifty Thousand Dollars ($150,000) (“Original Deposit”) to Fifteen Thousand Dollars ($15,000) (“Revised Deposit”). Within two (2)
business days after the Amendment Effective Date, Escrow Holder is directed to release (i) One Hundred Thousand Dollars ($100,000) to Buyer, and (ii) Thirty-Five Thousand Dollars ($35,000) to Seller pursuant to Section 5 of this Amendment. All
references in the Original PSA to the Deposit shall mean the Revised Deposit except for Section 10 and the references to the Deposit therein shall mean the Original Deposit.
I.8.b
Packet Pg. 152
At
t
a
c
h
m
e
n
t
:
1
s
t
A
m
e
n
d
m
e
n
t
t
o
A
g
r
e
e
m
e
n
t
f
o
r
P
u
r
c
h
a
s
e
&
S
a
l
e
o
f
R
e
a
l
P
r
o
p
e
r
t
y
&
J
o
i
n
t
E
s
c
r
o
w
I
n
s
t
r
u
c
t
i
o
n
s
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
01247.0020/642172.6 2
C. Section 5.1 (Closing Date). Section 5.1 is amended to extend the outside closing date to November 24, 2021.
D. Section 6.1 (Approval of Title). On August 22, 2019, Buyer received preliminary title report No. 011-30034187-SG4 dated as of August 14, 2019 (“PTR”) but did not deliver the Buyer’s Title Notice and, therefore, has approved the title exceptions in the PTR.
E. Section 7.1 (Due Diligence). Section 7.1 is amended to extend the Due Diligence Period to expire on November 12, 2020.
F. Section 8.3. (Entitlement Process).
(i) Section 8.1. (Concept Plan). The Concept Plan Approval Date was
October 22, 2019.
(ii) Section 8.3.a (Commencement). Buyer’s obligations to commence its obligations to promptly apply for all discretionary governmental permits and approvals shall commence not later than July 14, 2020.
(iii) Section 8.3.c. (Entitlement Period). Section 8.3.c. is amended to provide that the Entitlement Period will expire on October 15, 2021.
(iv) Section 8.5 (Natural Hazard Disclosure Report). The parties acknowledge that Buyer received the NHD Reports on August 20, 2019 and has approved same.
5. Consideration. The sum of Thirty-Five Thousand Dollars ($35,000) (“Reimbursement Amount”) shall be released from Escrow to Seller as consideration for this Amendment, including the extensions, additional carry costs, and, due to the delay, additional costs for the Seller to expedite
the timely review and processing of the land use entitlements, the amendments to the General Plan, applicable Master Plan, and Zoning Code, and comprehensive environmental review thereof to ensure the timely completion of the Entitlement Process and minimize any further delay. The Reimbursement Amount shall be non-refundable, not be applicable to the Purchase Price, and not be subject to the terms of the Reimbursement and Indemnification Agreement between Buyer and Seller.
6. Reaffirmation of Original PSA. Except as amended by this Amendment, the Original PSA shall remain unchanged and is hereby reaffirmed, ratified and confirmed in its entirety. If there is any conflict, inconsistency or ambiguity between the Original PSA and this Amendment, this Amendment shall govern and control.
7. Copy to Escrow. As soon as practical after the Amendment Effective Date, the parties shall
deliver a copy of this Amendment to Escrow.
8. Entire Agreement. This Amendment constitutes the entire agreement and supersedes any prior written or oral agreements among the parties with respect to the specific matters addressed
herein.
9. Authorization. Each individual executing this Amendment on behalf of Buyer represents and warrants that he/she has been duly authorized to do so on behalf of Buyer and Buyer is thereby
obligated to perform the terms of PSA as amended by this Amendment.
[SIGNATURES ON FOLLOWING]
I.8.b
Packet Pg. 153
At
t
a
c
h
m
e
n
t
:
1
s
t
A
m
e
n
d
m
e
n
t
t
o
A
g
r
e
e
m
e
n
t
f
o
r
P
u
r
c
h
a
s
e
&
S
a
l
e
o
f
R
e
a
l
P
r
o
p
e
r
t
y
&
J
o
i
n
t
E
s
c
r
o
w
I
n
s
t
r
u
c
t
i
o
n
s
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
01247.0020/642172.6 3
IN WITNESS WHEREOF, this Amendment has been executed by Seller and Buyer as of the dates below. BUYER: SELLER:
GREENS GROUP, INC, a California corporation
By: _______________________________ Ashutosh Kadakia Chief Financial Officer
City of Grand Terrace, a municipal corporation
By: _____________________________ Darcy McNaboe, Mayor
_________________, 2020 ATTEST:
_____________________________ Debra Thomas,
City Clerk APPROVED AS TO FORM: Aleshire & Wynder, LLP By: ___________________________ Adrian R. Guerra, City Attorney
Receipt Acknowledged:
ESCROW HOLDER: Fidelity National Title Insurance Company
By: _________________________ MaryLou Adame, Escrow Officer Dated: ________________, 2020
I.8.b
Packet Pg. 154
At
t
a
c
h
m
e
n
t
:
1
s
t
A
m
e
n
d
m
e
n
t
t
o
A
g
r
e
e
m
e
n
t
f
o
r
P
u
r
c
h
a
s
e
&
S
a
l
e
o
f
R
e
a
l
P
r
o
p
e
r
t
y
&
J
o
i
n
t
E
s
c
r
o
w
I
n
s
t
r
u
c
t
i
o
n
s
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
City of Grand Terrace
Inter-departmental Memorandum
City Manager’s Office
____________________________________________________________________________
DATE: August 6, 2019
TO: Mayor and City Council
FROM: G. Harold Duffey, City Manager Cynthia Fortune, Assistant City Manager
SUBJECT: PRIORITY PROJECTS FOR 2019-2020 AS APPROVED BY CITY COUNCIL AT
ITS SPECIAL MEETING WORKSHOP DATED JUNE 12, 2019
____________________________________________________________________________
The City Manager’s Office has multiple business lines and while our resources are limited, we
continue to allocate our resources to achieve maximum returns in the following areas:
• Economic Development
• Efficient Services to Citizens
• Code Enforcement to Maintain the Community’s Quality of Life
• Sustainability of the Organization
While the City Manager will be responsible to ensure all departments adhere to priorities as
supported by the City Council, the City Manager’s Office will also ensure the alignment of priorities
based on its various business lines. The City Manager’s priorities will be based on alignment with
the City Manager’s 2030 Vision Implementation Plan Phase II and the annual budget approved
by City Council. The four categories of ranking used to prioritize the projects are:
1. Economic Development (40%)
2. Funding and Resources (25%)
3. Approved Council’s Future Agenda Item Requests (20%)
4. Quality of Life (15%).
Priority projects are categorized as “A” Top Priority, “B” High Priority and “C” Priority.
I.8.c
Packet Pg. 155
At
t
a
c
h
m
e
n
t
:
M
a
y
o
r
a
n
d
C
i
t
y
C
o
u
n
c
i
l
A
p
p
r
o
v
e
d
P
r
i
o
r
i
t
y
P
r
o
j
e
c
t
s
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
Memo to Mayor and City Council Page 2 of 4
City Manager Office Priority Projects for 2019-2020
Economic Development
CM – Committees & Commissions
“A” Top Priority “B” High Priority “C” Priority
Return to City Council with Options to Delegate Rec and Youth Commission
Return to City Council with Options to Delegate Special Event Support
CM – Human Resources
“A” Top Priority “B” High Priority “C” Priority Benefits & Recognition Program Annual Events for Employees
Annual Evaluation & Merit Increases (Reinstated) Council & City Staff Social Events
Employee Appreciation
Program
Review of Health and
Compensation
“A” Top Priority “B” High Priority “C” Priority
Development of 4.78 Acres on Barton Rd. San Bernardino County Child Care Facility Development on City Center Dr.
Gateway Specific Plan Pit Stop Development Cage Park
Taco Bell La Crosse Development Rails to Trails Grant to Access Santa Ana River Grocery Outlet Stater Bros. Expansion Walgreens Center Expansion
Surgical Center Storm Drainage Michigan
Mr. TV Video RDA Lot 0.80 Acre Development
Kaz Ramen Coffee Richardson’s RV
Hollywood Video Conversion
Edwin Fuels
Fire Station Agreement TOT Tax Implementation
I.8.c
Packet Pg. 156
At
t
a
c
h
m
e
n
t
:
M
a
y
o
r
a
n
d
C
i
t
y
C
o
u
n
c
i
l
A
p
p
r
o
v
e
d
P
r
i
o
r
i
t
y
P
r
o
j
e
c
t
s
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
Memo to Mayor and City Council Page 3 of 4
Finance & Senior Center Development
“A” Top Priority “B” High Priority “C” Priority
Review of Business License Fee Finance Department Staff Re-Organization
Housing Agency Programs Review of Cost-Effective
Health Benefits
Increase in Senior Center Services
City Clerk’s Office Priority Projects 2019-2020
“A” Top Priority “B” High Priority “C” Priority FPPC Compliance Scanning Increase Content of Intranet Records Destruction
Telephone System Improvements City Clerk’s Department Operations
Technology Program – Tablet Use Increase Awareness of Online Public Material
Facebook Live and Twitter Increase Participation in City Council Meeting Invocations
City Adopted Budgets and Agenda Packets Lighting in City Council Chamber
Community Posting Board City Hall Information Kiosks
Manage City Neighborhood
Recognition Programs
City Council Chamber
Reception Area Upgrade
Annual Acknowledgment Program
City Council Agenda Modifications
Public Works Priority Projects 2019-2020
“A” Top Priority “B” High Priority “C” Priority
Highway Safety Improvement Program – Mt. Vernon Intersections
Highway Safety Improvement Program Cycle 9 Guardrail Park Enhancements
Fitness Park Canopy Small Cell Site Infrastructure Plan
Preston Signal Upgrade Parking City Wide Strategy
Commerce Way Expansion Utility Pole Undergrounding Master Plan
Mt. Vernon Slope Stabilization West Barton Bridge Replacement
EV Charging Station Support for Community Events
Year 3 CIP
I.8.c
Packet Pg. 157
At
t
a
c
h
m
e
n
t
:
M
a
y
o
r
a
n
d
C
i
t
y
C
o
u
n
c
i
l
A
p
p
r
o
v
e
d
P
r
i
o
r
i
t
y
P
r
o
j
e
c
t
s
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
Memo to Mayor and City Council Page 4 of 4
Fee Study
Barton Interchange Maintenance Agreement
Barton Speed Feedback
Development Plans
Fire Station Roof Repair
Public Works Maintenance Priority Projects 2019-2020
“A” Top Priority “B” High Priority “C” Priority
Traffic Signal/Street Light Storm Drain/Channel
Street, Sidewalk, Curb, Parkway City Facilities
Parks City Neighborhood Lighting Plan
Street Sign Replacement Program
Planning & Development Services Priority Projects 2019-2020
“A” Top Priority “B” High Priority “C” Priority
4.78 Acres – PSA,
Entitlements
Housing Authority Report Grant ATP – Close Out
Amend Master Plan Zoning Around Schools Sign Code
Edwin Fuels Noticing Policy Van Buren – Aegis
Gateway SP Barton Road Streetscape Crestwood
Anita – Grocery Outlet Sign Michigan Street – Complete Street
Grant Prop 68 B&S RFP
Taco Bell Housing Element RFP Mr. TV Video Parking Program Canal – Aegis
Project in 40-Acre Greenbelt Grand Terrace Road – Aegis Blue Mountain Trail Grant Safety Element Update Animal Control Ordinance Update Housing Element Update
Parking Citation Appeals CUP in 40-Acre Greenbelt La Cadena SFR
REC Center
National Logistics
Surgical Center
I.8.c
Packet Pg. 158
At
t
a
c
h
m
e
n
t
:
M
a
y
o
r
a
n
d
C
i
t
y
C
o
u
n
c
i
l
A
p
p
r
o
v
e
d
P
r
i
o
r
i
t
y
P
r
o
j
e
c
t
s
(
A
m
e
n
d
m
e
n
t
t
o
G
r
e
e
n
s
G
r
o
u
p
P
u
r
c
h
a
s
e
a
n
d
S
a
l
e
A
g
r
e
e
m
e
n
t
)
AGENDA REPORT
MEETING DATE: April 28, 2020 Council Item
TITLE: Award of Contract for Mt. Vernon Safety Project in an Amount Not to Exceed $259,350
PRESENTED BY: Alan French, Public Works Director
RECOMMENDATION: 1. Authorize Revenue and Expenditure appropriations in the amount of $325,000 respectively in the Highway Safety Improvement Program (HSIP) Fund for the construction phase of the Mr. Vernon Avenue Corridor Intersection
Improvements Project, Federal ID: HSIPL-5421(005);
2. Award a Construction Contract to TSR Construction and Inspection for the Mt. Vernon Safety Project on Mt. Vernon Avenue in an amount not to exceed $259,350; and;
3. Authorize City Manager to execute the Contract subject to City Attorney approval as to form.
2030 VISION STATEMENT: This staff report supports Goal #2 "Maintain Public Safety" by investing in critical improvements to infrastructure. BACKGROUND: In 2016, the City applied for and was awarded a grant for the improvement of five (5) intersections on Mt. Vernon Avenue to increase traffic safety. The total grant award is $435,700, with a cost estimate (including contingencies) are as follows:
Mt. Vernon Corridor Intersection Improvement Project
FEDERAL ID: HSIPL-5421(005)
ITEM NO. ITEM DESCRIPTION ESTIMATE
1 Fund Obligation $8,000
2 Preliminary Engineering $36,000
3 Grant Administration/Bidding Support $10,000
4 Construction $325,000
5 Construction Management/Inspection $36,500
6 Staff Coordination $20,000
TOTAL $435,500
I.9
Packet Pg. 159
During the review of the FY2019-20 Proposed Budget, budget appropriations totaling $110,500 (all the above items except the construction phase) for the HSIP grant were requested and approved by City Council when the FY2019-20 Budget was adopted.
DISCUSSION: The Mt. Vernon Corridor Intersection Improvement Project (“Mt. Vernon Safety Project”)
was advertised on March 19, 2020. In addition to advertising, the City sent the notice to
signal contractors that have done work in or near the City. The bids were due on Friday, April 10, 2020, and three (3) bids were received. The three (3) bids that were received were as follows:
Bid 1 TSR Construction - Rancho Cucamonga, CA $259,350
Bid 2 Elecnor Belco Electric - Chino, CA $312,998
Bid 3 Sierra Pacific - Riverside, CA $393,767
The bids were then sent to Evan Brooks Associates to assist with bid analysis. After
review, Evan Brooks Associates recommended awarding TSR Construction as the
lowest, responsive contractor. The bid analysis determined the firm's contractor's license satisfied the required license for this project and all references provided positive feedback.
The scope of work includes installing signage, striping, markings, concrete, and asphalt
pavement works at five (5) intersections along the Mt. Vernon Avenue corridor from Canal/Grand Terrace to Pico Street. Construction is expected to commence within 30 days and be completed within the following 60 days. Staff is recommending that the City Council approve the revenue and expense
appropriations in the amount of $325,000 respectively as shown in the table in the Fiscal Impact statement. Staff is recommending that the City Council award a Construction Contract to TSR Construction and Inspection for the Mt. Vernon Safety Project and authorize the City
Manager to execute the contract subject to City Attorney approval as to form. FISCAL IMPACT: Staff requests approval for the following appropriations in the Highway Safety
Improvement Project (HSIP) Fund for the Mt. Vernon Corridor Intersection Improvement
Project:
Revenue
Appropriation Description Amount
74-175-95
Highway Safety Improvement Program
Grant Revenue $325,000
I.9
Packet Pg. 160
TOTAL REVENUE APPROPRIATION $325,000
Expense Appropriation Description Amount
74-175-250-000 HSIP Cycle 8 Construction Phase $325,000
TOTAL EXPENSE APPROPRIATION $325,000
ATTACHMENTS:
• TSR Construction and Inspection BID (PDF)
• Elecnor Belco Electric, Inc.BID (PDF)
• Sierra Pacific Electrical Contracting BID (PDF)
• ConstructionAgreement (DOCX)
APPROVALS:
Alan French Completed 04/21/2020 5:03 PM
City Attorney Completed 04/22/2020 9:00 PM
Finance Completed 04/23/2020 5:06 PM
City Manager Completed 04/23/2020 3:17 PM
City Council Pending 04/28/2020 6:00 PM
I.9
Packet Pg. 161
I.9.a
Packet Pg. 162
At
t
a
c
h
m
e
n
t
:
T
S
R
C
o
n
s
t
r
u
c
t
i
o
n
a
n
d
I
n
s
p
e
c
t
i
o
n
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.a
Packet Pg. 163
At
t
a
c
h
m
e
n
t
:
T
S
R
C
o
n
s
t
r
u
c
t
i
o
n
a
n
d
I
n
s
p
e
c
t
i
o
n
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.a
Packet Pg. 164
At
t
a
c
h
m
e
n
t
:
T
S
R
C
o
n
s
t
r
u
c
t
i
o
n
a
n
d
I
n
s
p
e
c
t
i
o
n
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.a
Packet Pg. 165
At
t
a
c
h
m
e
n
t
:
T
S
R
C
o
n
s
t
r
u
c
t
i
o
n
a
n
d
I
n
s
p
e
c
t
i
o
n
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.a
Packet Pg. 166
At
t
a
c
h
m
e
n
t
:
T
S
R
C
o
n
s
t
r
u
c
t
i
o
n
a
n
d
I
n
s
p
e
c
t
i
o
n
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.a
Packet Pg. 167
At
t
a
c
h
m
e
n
t
:
T
S
R
C
o
n
s
t
r
u
c
t
i
o
n
a
n
d
I
n
s
p
e
c
t
i
o
n
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.a
Packet Pg. 168
At
t
a
c
h
m
e
n
t
:
T
S
R
C
o
n
s
t
r
u
c
t
i
o
n
a
n
d
I
n
s
p
e
c
t
i
o
n
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.a
Packet Pg. 169
At
t
a
c
h
m
e
n
t
:
T
S
R
C
o
n
s
t
r
u
c
t
i
o
n
a
n
d
I
n
s
p
e
c
t
i
o
n
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.a
Packet Pg. 170
At
t
a
c
h
m
e
n
t
:
T
S
R
C
o
n
s
t
r
u
c
t
i
o
n
a
n
d
I
n
s
p
e
c
t
i
o
n
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.a
Packet Pg. 171
At
t
a
c
h
m
e
n
t
:
T
S
R
C
o
n
s
t
r
u
c
t
i
o
n
a
n
d
I
n
s
p
e
c
t
i
o
n
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.a
Packet Pg. 172
At
t
a
c
h
m
e
n
t
:
T
S
R
C
o
n
s
t
r
u
c
t
i
o
n
a
n
d
I
n
s
p
e
c
t
i
o
n
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.a
Packet Pg. 173
At
t
a
c
h
m
e
n
t
:
T
S
R
C
o
n
s
t
r
u
c
t
i
o
n
a
n
d
I
n
s
p
e
c
t
i
o
n
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.a
Packet Pg. 174
At
t
a
c
h
m
e
n
t
:
T
S
R
C
o
n
s
t
r
u
c
t
i
o
n
a
n
d
I
n
s
p
e
c
t
i
o
n
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.a
Packet Pg. 175
At
t
a
c
h
m
e
n
t
:
T
S
R
C
o
n
s
t
r
u
c
t
i
o
n
a
n
d
I
n
s
p
e
c
t
i
o
n
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.a
Packet Pg. 176
At
t
a
c
h
m
e
n
t
:
T
S
R
C
o
n
s
t
r
u
c
t
i
o
n
a
n
d
I
n
s
p
e
c
t
i
o
n
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.a
Packet Pg. 177
At
t
a
c
h
m
e
n
t
:
T
S
R
C
o
n
s
t
r
u
c
t
i
o
n
a
n
d
I
n
s
p
e
c
t
i
o
n
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.a
Packet Pg. 178
At
t
a
c
h
m
e
n
t
:
T
S
R
C
o
n
s
t
r
u
c
t
i
o
n
a
n
d
I
n
s
p
e
c
t
i
o
n
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.a
Packet Pg. 179
At
t
a
c
h
m
e
n
t
:
T
S
R
C
o
n
s
t
r
u
c
t
i
o
n
a
n
d
I
n
s
p
e
c
t
i
o
n
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.a
Packet Pg. 180
At
t
a
c
h
m
e
n
t
:
T
S
R
C
o
n
s
t
r
u
c
t
i
o
n
a
n
d
I
n
s
p
e
c
t
i
o
n
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.b
Packet Pg. 181
At
t
a
c
h
m
e
n
t
:
E
l
e
c
n
o
r
B
e
l
c
o
E
l
e
c
t
r
i
c
,
I
n
c
.
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.b
Packet Pg. 182
At
t
a
c
h
m
e
n
t
:
E
l
e
c
n
o
r
B
e
l
c
o
E
l
e
c
t
r
i
c
,
I
n
c
.
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.b
Packet Pg. 183
At
t
a
c
h
m
e
n
t
:
E
l
e
c
n
o
r
B
e
l
c
o
E
l
e
c
t
r
i
c
,
I
n
c
.
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.b
Packet Pg. 184
At
t
a
c
h
m
e
n
t
:
E
l
e
c
n
o
r
B
e
l
c
o
E
l
e
c
t
r
i
c
,
I
n
c
.
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.b
Packet Pg. 185
At
t
a
c
h
m
e
n
t
:
E
l
e
c
n
o
r
B
e
l
c
o
E
l
e
c
t
r
i
c
,
I
n
c
.
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.b
Packet Pg. 186
At
t
a
c
h
m
e
n
t
:
E
l
e
c
n
o
r
B
e
l
c
o
E
l
e
c
t
r
i
c
,
I
n
c
.
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.b
Packet Pg. 187
At
t
a
c
h
m
e
n
t
:
E
l
e
c
n
o
r
B
e
l
c
o
E
l
e
c
t
r
i
c
,
I
n
c
.
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.b
Packet Pg. 188
At
t
a
c
h
m
e
n
t
:
E
l
e
c
n
o
r
B
e
l
c
o
E
l
e
c
t
r
i
c
,
I
n
c
.
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.b
Packet Pg. 189
At
t
a
c
h
m
e
n
t
:
E
l
e
c
n
o
r
B
e
l
c
o
E
l
e
c
t
r
i
c
,
I
n
c
.
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.b
Packet Pg. 190
At
t
a
c
h
m
e
n
t
:
E
l
e
c
n
o
r
B
e
l
c
o
E
l
e
c
t
r
i
c
,
I
n
c
.
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.b
Packet Pg. 191
At
t
a
c
h
m
e
n
t
:
E
l
e
c
n
o
r
B
e
l
c
o
E
l
e
c
t
r
i
c
,
I
n
c
.
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.b
Packet Pg. 192
At
t
a
c
h
m
e
n
t
:
E
l
e
c
n
o
r
B
e
l
c
o
E
l
e
c
t
r
i
c
,
I
n
c
.
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.b
Packet Pg. 193
At
t
a
c
h
m
e
n
t
:
E
l
e
c
n
o
r
B
e
l
c
o
E
l
e
c
t
r
i
c
,
I
n
c
.
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.b
Packet Pg. 194
At
t
a
c
h
m
e
n
t
:
E
l
e
c
n
o
r
B
e
l
c
o
E
l
e
c
t
r
i
c
,
I
n
c
.
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.b
Packet Pg. 195
At
t
a
c
h
m
e
n
t
:
E
l
e
c
n
o
r
B
e
l
c
o
E
l
e
c
t
r
i
c
,
I
n
c
.
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.b
Packet Pg. 196
At
t
a
c
h
m
e
n
t
:
E
l
e
c
n
o
r
B
e
l
c
o
E
l
e
c
t
r
i
c
,
I
n
c
.
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.b
Packet Pg. 197
At
t
a
c
h
m
e
n
t
:
E
l
e
c
n
o
r
B
e
l
c
o
E
l
e
c
t
r
i
c
,
I
n
c
.
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.b
Packet Pg. 198
At
t
a
c
h
m
e
n
t
:
E
l
e
c
n
o
r
B
e
l
c
o
E
l
e
c
t
r
i
c
,
I
n
c
.
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.b
Packet Pg. 199
At
t
a
c
h
m
e
n
t
:
E
l
e
c
n
o
r
B
e
l
c
o
E
l
e
c
t
r
i
c
,
I
n
c
.
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.b
Packet Pg. 200
At
t
a
c
h
m
e
n
t
:
E
l
e
c
n
o
r
B
e
l
c
o
E
l
e
c
t
r
i
c
,
I
n
c
.
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.b
Packet Pg. 201
At
t
a
c
h
m
e
n
t
:
E
l
e
c
n
o
r
B
e
l
c
o
E
l
e
c
t
r
i
c
,
I
n
c
.
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.c
Packet Pg. 202
At
t
a
c
h
m
e
n
t
:
S
i
e
r
r
a
P
a
c
i
f
i
c
E
l
e
c
t
r
i
c
a
l
C
o
n
t
r
a
c
t
i
n
g
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.c
Packet Pg. 203
At
t
a
c
h
m
e
n
t
:
S
i
e
r
r
a
P
a
c
i
f
i
c
E
l
e
c
t
r
i
c
a
l
C
o
n
t
r
a
c
t
i
n
g
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.c
Packet Pg. 204
At
t
a
c
h
m
e
n
t
:
S
i
e
r
r
a
P
a
c
i
f
i
c
E
l
e
c
t
r
i
c
a
l
C
o
n
t
r
a
c
t
i
n
g
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.c
Packet Pg. 205
At
t
a
c
h
m
e
n
t
:
S
i
e
r
r
a
P
a
c
i
f
i
c
E
l
e
c
t
r
i
c
a
l
C
o
n
t
r
a
c
t
i
n
g
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.c
Packet Pg. 206
At
t
a
c
h
m
e
n
t
:
S
i
e
r
r
a
P
a
c
i
f
i
c
E
l
e
c
t
r
i
c
a
l
C
o
n
t
r
a
c
t
i
n
g
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.c
Packet Pg. 207
At
t
a
c
h
m
e
n
t
:
S
i
e
r
r
a
P
a
c
i
f
i
c
E
l
e
c
t
r
i
c
a
l
C
o
n
t
r
a
c
t
i
n
g
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.c
Packet Pg. 208
At
t
a
c
h
m
e
n
t
:
S
i
e
r
r
a
P
a
c
i
f
i
c
E
l
e
c
t
r
i
c
a
l
C
o
n
t
r
a
c
t
i
n
g
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.c
Packet Pg. 209
At
t
a
c
h
m
e
n
t
:
S
i
e
r
r
a
P
a
c
i
f
i
c
E
l
e
c
t
r
i
c
a
l
C
o
n
t
r
a
c
t
i
n
g
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.c
Packet Pg. 210
At
t
a
c
h
m
e
n
t
:
S
i
e
r
r
a
P
a
c
i
f
i
c
E
l
e
c
t
r
i
c
a
l
C
o
n
t
r
a
c
t
i
n
g
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.c
Packet Pg. 211
At
t
a
c
h
m
e
n
t
:
S
i
e
r
r
a
P
a
c
i
f
i
c
E
l
e
c
t
r
i
c
a
l
C
o
n
t
r
a
c
t
i
n
g
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.c
Packet Pg. 212
At
t
a
c
h
m
e
n
t
:
S
i
e
r
r
a
P
a
c
i
f
i
c
E
l
e
c
t
r
i
c
a
l
C
o
n
t
r
a
c
t
i
n
g
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.c
Packet Pg. 213
At
t
a
c
h
m
e
n
t
:
S
i
e
r
r
a
P
a
c
i
f
i
c
E
l
e
c
t
r
i
c
a
l
C
o
n
t
r
a
c
t
i
n
g
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.c
Packet Pg. 214
At
t
a
c
h
m
e
n
t
:
S
i
e
r
r
a
P
a
c
i
f
i
c
E
l
e
c
t
r
i
c
a
l
C
o
n
t
r
a
c
t
i
n
g
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.c
Packet Pg. 215
At
t
a
c
h
m
e
n
t
:
S
i
e
r
r
a
P
a
c
i
f
i
c
E
l
e
c
t
r
i
c
a
l
C
o
n
t
r
a
c
t
i
n
g
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.c
Packet Pg. 216
At
t
a
c
h
m
e
n
t
:
S
i
e
r
r
a
P
a
c
i
f
i
c
E
l
e
c
t
r
i
c
a
l
C
o
n
t
r
a
c
t
i
n
g
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.c
Packet Pg. 217
At
t
a
c
h
m
e
n
t
:
S
i
e
r
r
a
P
a
c
i
f
i
c
E
l
e
c
t
r
i
c
a
l
C
o
n
t
r
a
c
t
i
n
g
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
I.9.c
Packet Pg. 218
At
t
a
c
h
m
e
n
t
:
S
i
e
r
r
a
P
a
c
i
f
i
c
E
l
e
c
t
r
i
c
a
l
C
o
n
t
r
a
c
t
i
n
g
B
I
D
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2
PUBLIC WORKS AGREEMENT
By and Between
CITY OF GRAND TERRACE
and
TSR CONSTRUCTION AND INSPECTIONS
I.9.d
Packet Pg. 219
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-1-
01247.0006/634563.2
AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF GRAND TERRACE AND
TSR CONSTRUCTION AND INSPECTIONS
This AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this 28th day of April, 2020 by and between the City of Grand Terrace, a
California municipal corporation (“City”) and TSR Construction and Inspections, a California corporation (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter
into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. WORK OF CONTRACTOR
1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement, the Contractor shall
provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to
properly perform the work required under this Agreement in a thorough, competent, and
professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all
materials will be both of good quality as well as fit for the purpose intended. For purposes of this
I.9.d
Packet Pg. 220
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-2-
01247.0006/634563.2
Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Bid Documents.
The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled “Mt. Vernon Avenue Corridor Intersection Improvement Project” (“Project”), including any documents, addenda, or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In
the event of any inconsistency between the terms of the bid documents and this Agreement, the
terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time
service is rendered.
1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing
rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing
wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(d) Payroll Records. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep
I.9.d
Packet Pg. 221
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-3-
01247.0006/634563.2
accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by
Section 1776; and inform the City of the location of the records.
(e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall
provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8)
hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for
each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8)
hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for
such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section
1720) of the California Labor Code, and shall make such compliance a requirement in any contract
I.9.d
Packet Pg. 222
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-4-
01247.0006/634563.2
with any subcontractor for work under this Agreement. Contractor shall take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without
limitation, conducting a review of the certified payroll records of the subcontractor on a periodic
basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits,
registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully
considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the
site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase
in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work,
Contractor shall not be excused from any scheduled completion date set, but shall proceed with all
work to be performed under the Agreement. Contractor shall retain any and all rights provided
I.9.d
Packet Pg. 223
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-5-
01247.0006/634563.2
either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
(e) City will compensate Contractor to the extent required by
Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.
1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to
the work, and the equipment, materials, papers, documents, plans, studies and/or other components
thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or
the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty
at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an
additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall
be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the
City. In the event that Contractor fails to perform its obligations under this Section, or under any
other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
I.9.d
Packet Pg. 224
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-6-
01247.0006/634563.2
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
1.9 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the
Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to twenty-five percent (25%) of
the Contract Sum; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council.
(c) Any adjustment in the Contract Sum for a Change Order must be in
accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and
equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower.
(iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers,
classifications, and hours worked; description and list of quantities of materials used; type of
I.9.d
Packet Pg. 225
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-7-
01247.0006/634563.2
equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such
detail as the City may require. Failure to submit a daily report by the close of the next working day
may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day.
(d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope
of Work may be more costly or time consuming than Contractor anticipates and that Contractor
shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Hundred Fifty Nine Thousand Three Hundred Fifty Dollars
($259,350) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the
services less the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
I.9.d
Packet Pg. 226
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-8-
01247.0006/634563.2
and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work
performed and expenses incurred during the preceding month in a form approved by City’s
Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.
Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause
Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent
allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not
constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in
I.9.d
Packet Pg. 227
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-9-
01247.0006/634563.2
the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Gabriel Zapirtan President
I.9.d
Packet Pg. 228
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-10-
01247.0006/634563.2
(Name) (Title)
_____________________________ _____________________________
(Name) (Title) _____________________________ _____________________________ (Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive
direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in
Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or
otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which
may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer
is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner,
I.9.d
Packet Pg. 229
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-11-
01247.0006/634563.2
mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or
employees of City. City shall not in any way or for any purpose become or be deemed to be a
partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred,
assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer,
including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
I.9.d
Packet Pg. 230
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-12-
01247.0006/634563.2
property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or
rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Contractor agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by
Contractor, its agents, representatives, employees or subcontractors.
(c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
I.9.d
Packet Pg. 231
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-13-
01247.0006/634563.2
paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the
City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against
City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and
is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
I.9.d
Packet Pg. 232
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-14-
01247.0006/634563.2
all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Contractor agrees to ensure that its subcontractors and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the requirements of
this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and
hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a) Contractor will defend any action or actions filed in connection with
I.9.d
Packet Pg. 233
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-15-
01247.0006/634563.2
any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the
City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a
party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and
attorneys’ fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor
is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating
to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
5.5 Performance and Labor Bonds.
Concurrently with execution of this Agreement Contractor shall deliver to the City, the following:
(a) A performance bond in the amount of the Contract Sum of this
I.9.d
Packet Pg. 234
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-16-
01247.0006/634563.2
Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of
this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement.
Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a
certified and current copy of his power of attorney. The bond shall be unconditional and remain in
force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued
by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.
5.7 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the
Contractor.
5.8 Release of Securities.
City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement;
(b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise
I.9.d
Packet Pg. 235
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-17-
01247.0006/634563.2
as required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years
following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the
cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and
materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use,
reuse or assignment of such completed documents for other projects and/or use of uncompleted
documents without specific written authorization by the Contractor will be at the City’s sole risk
I.9.d
Packet Pg. 236
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-18-
01247.0006/634563.2
and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors
shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are
hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and
fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct.
(d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed
there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of San Bernardino, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
I.9.d
Packet Pg. 237
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-19-
01247.0006/634563.2
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to
Contractor of the default and the reasons for the default. The notice shall include the timeframe in
which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not
cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
(b) Dispute Resolution. This Agreement is subject to the provisions of
Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and
for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
I.9.d
Packet Pg. 238
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-20-
01247.0006/634563.2
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any
contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of
this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Two Hundred Fifty Dollars ($250.00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215,
Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically
provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days’ written notice to City, except that where termination is due to the fault of the City, the period
of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of
I.9.d
Packet Pg. 239
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-21-
01247.0006/634563.2
termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated
termination, the Contractor shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s
fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor 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. § 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 related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or
I.9.d
Packet Pg. 240
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-22-
01247.0006/634563.2
any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under
this Agreement. Contractor further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of
this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the
Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing
I.9.d
Packet Pg. 241
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-23-
01247.0006/634563.2
and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Grand Terrace, 22795 Barton Road, Grand Terrace, California 92313, and in the case of the
Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating
to this Agreement shall be serialized consecutively.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect,
in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
I.9.d
Packet Pg. 242
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-24-
01247.0006/634563.2
interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor
warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s),
or other conduct or collusion that would result in the payment of any money, consideration, or
other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
I.9.d
Packet Pg. 243
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
-25-
01247.0006/634563.2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation _____________________________________ G. Harold Duffey, City Manager
ATTEST:
_____________________________________
Debra Thomas, City Clerk APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP ____________________________________
Adrian R. Guerra, City Attorney CONTRACTOR:
TSR Construction and Inspection, a California corporation By: ___________________________________
Name: Gabriel Zapirtan Title: President By: ___________________________________
Name: Title: Address: 8264 Avenida Leon Rancho Cucamonga, CA 91730
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
I.9.d
Packet Pg. 244
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that
document.
I.9.d
Packet Pg. 245
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that
document.
I.9.d
Packet Pg. 246
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-1
EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and
requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled the “ Mt. Vernon Corridor Intersection Improvement Project” including any documents, addenda, or exhibits referenced therein. Such bid documents shall include, but not be limited to, the bid specifications and documents
contained in Exhibit “A-1.”
II. Brief description of the work to be performed:
i. TRAFFIC CONTROL
ii. SAWCUT FOR ASPHALT/ CONCRETE
iii. REMOVE SIDEWALK, AND RECONSTRUCT CURB RETURN WITH CALTRANS RAMP CASE "A"
iv. REMOVE SIDEWALK, AND RECONSTRUCT CURB RETURN WITH CALTRANS RAMP CASE "C"
v. SAWCUT AND REMOVE PAVEMENT, RECONSTRUCT FULL DEPTH ASPHALT THICKNESS 12"
vi. SAWCUT AND REMOVE 1' WIDE STRIP AC, RECONSTRUCT FULL DEPTH ASPHALT THICKNESS 12"
vii. 4" THICK PCC SIDEWALK OVER 6" CMB
viii. REPLACE PULLBOX
ix. INSTALL CALTRANS HIGHER VISIBILITY CROSS WALK (LADDER TYPE))
x. INSTALL OVERSIZE STOP SIGN
xi. INSTALL FLASHING STOP SIGN
xii. REMOVE EXISTING STRIPING
xiii. INSTALL NEW STRIPING AND WORD MARKING
xiv. REMOVE EXISTING FLASHING WARNING LIGHTS
xv. INSTALL DETECTABLE WARNING SURFACE
xvi. INSTALL SOLAR STREET LIGHT
I.9.d
Packet Pg. 247
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-2
xvii. INSTALL SOLAR RADAR SPEED FEEDBACK
xviii. REMOVE EXISTING STOP SIGNS
xix. INSTALL SOLAR RADAR SPEED FEEDBACK (Additive Item)
III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering status reports as may be required by the City from time to time.
IV. All work is subject to review and acceptance by the City, and must be revised by the
Contractor without additional charge to the City until found satisfactory and accepted by
City.
V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
I.9.d
Packet Pg. 248
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-3
EXHIBIT “A-1”
BID SPECIFICATIONS AND DOCUMENTS
GENERAL PROVISIONS
SECTION 1 - DEFINITIONS AND ABBREVIATIONS
1.1 CITY
The word "City" shall mean the City of Grand Terrace named in the Contract Documents. 1.2 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. 1.3 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.
1.4 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.
I.9.d
Packet Pg. 249
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-4
1.5 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. 1.6 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, 2015 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.
1.7 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. 1.8 COUNCIL
The City Council of the City of Grand Terrace.
1.9 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 conformation or increase its strength. 1.12 ROADBED
That portion of the street included between the outside lines of curbs or paving.
I.9.d
Packet Pg. 250
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-5
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.
SECTION 2 - SPECIFICATIONS, DRAWINGS AND RELATED DATA 2.1 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.
2.2 SPECIFICATIONS AND DRAWINGS COMPLEMENTARY
The Specifications and Drawings are complementary to each other. 2.3 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.
2.4 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.
2.5 SHOP DRAWINGS (a) Wherever called for in these Specifications or on the Drawings, or where required
I.9.d
Packet Pg. 251
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-6
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 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 City 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 City or said drawings is delayed beyond a reasonable period of
time and unless the Contractor can establish that the City's delay in review actually resulted in a delay in the Contractor's construction schedule). The review of said drawings by the City 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
I.9.d
Packet Pg. 252
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-7
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.
2.6 REFERENCE TO STANDARDS OR PUBLICATIONS
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.
2.7 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.
2.8 SPECIFICATION AND DRAWINGS FURNISHED TO THE CONTRACTOR
The City 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.
SECTION 3 - ENGINEER-CONTRACTOR RELATIONS 3.1 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. 3.2 RIGHT-OF-WAY
(a) Lands or right-of-ways for the work to be constructed under the Contract will be provided by the City 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
I.9.d
Packet Pg. 253
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-8
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 City 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,
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. 3.3 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 City 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 City 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 City 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
I.9.d
Packet Pg. 254
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-9
immediately notify the Engineer of the existence of same. The City will 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 City as extra work. In such case, the City will also compensate the Contractor for equipment on the project necessarily idled during and by reason of such work. The City'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 City'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. 3.4 LINES AND GRADES
(a) Lines and Grades shall be provided by the City 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.
3.5 LEGAL ADDRESS OF CONTRACTOR
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. 3.6 CONTRACTOR'S SUPERINTENDENCE
I.9.d
Packet Pg. 255
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-10
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.
3.7 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. 3.8 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, 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.
I.9.d
Packet Pg. 256
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-11
(c) Except as otherwise provided herein, the cost of inspection will be paid by the City. All inspection fees imposed by agencies other than the City 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 City. 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.
3.9 ASSIGNMENT FORBIDDEN (a) If the Contractor violates the provisions of Subsection 3.10 (a), the Contract may be
terminated at the option of the City. In such event, the City shall be relieved of all liability and obligations to the Contractor, and to his assignee or transferee, growing out of such termination.
3.10 SUBCONTRACTS
(a) In the City'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 City's interests. The resubletting of the work by a subcontractor shall be
subject to the same 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 City's request. Each subcontract shall contain a reference to the Agreement between the City 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 City'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 City 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 City or relieve the Contractor of any liability or obligation under the prime Contract.
3.11 SUSPENSION OF WORK
(a) The City 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 City-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 City of written notice to proceed. (b) The Contractor shall have no claim for damages alleged to have been suffered by
I.9.d
Packet Pg. 257
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-12
reason of any suspension of the work without termination of the Contract, and he shall receive no additional compensation because of any such suspension.
3.12 TERMINATION OF CONTRACT BY OWNER (CONTRACTOR NOT AT FAULT)
The City may terminate the Contract upon 10 days written notice to the Contractor, if it is found that reasons beyond the control of either the City of Contractor make it impossible or against the City's interests to complete the work. In such a case, the Contractor shall have no
claims against the City 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 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.
3.13 Reserved.
3.14 TERMINATION OF CONTRACT BY CONTRACTOR The Contractor may terminate the Contract upon 10 days written notice to the City, 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 City within this time period; or (2) the City 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 Contractor shall have no claim against the City except for those claims specifically enumerated in Section 3.13.
3.15 FAILURE TO COMPLY
If the Contractor should refuse or neglect to comply with the provisions of the Contract or the orders of the City, the City may have such provisions or orders carried out by others at the
expense of the Contractor.
3.16 CONTRACT TIME OF COMPLETION
The Contractor shall complete the construction of the work to the satisfaction of the City, in accordance with the Standard Specifications and the Special Conditions. A "Notice to Proceed"
will be issued by the City, the date of which shall commence the Contract time. The allotted time for this project is identified within the Term of the Contract.
SECTION 4 - MATERIALS AND WORKMANSHIP 4.1 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.
I.9.d
Packet Pg. 258
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-13
4.2 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.
4.3 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. 4.4 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 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.
4.5 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. 4.6 SOUND CONTROL REQUIREMENTS 4.7 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. 4.8 DUST CONTROL
The Contractor shall at all times conduct his work so as to avoid unnecessary dust. He shall
I.9.d
Packet Pg. 259
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-14
provide adequate equipment and water as determined by the Engineer to be necessary for accomplishment of this objective.
4.9 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 consent of the Engineer. Such discharge shall not be the basis of any claim for damages against the City or any of his agents.
I.9.d
Packet Pg. 260
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-15
SECTION 5 - PROGRESS AND PAYMENT
5.1 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.
5.2 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 (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.
I.9.d
Packet Pg. 261
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-16
(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.
5.3 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.
I.9.d
Packet Pg. 262
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-17
5.4 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. 5.5 Reserved. 5.6 PROGRESS SCHEDULES
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. 5.7 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
I.9.d
Packet Pg. 263
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-18
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.
(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. 5.8 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,
I.9.d
Packet Pg. 264
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-19
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 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). 5.9 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.
I.9.d
Packet Pg. 265
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-20
SECTION 6 - BONDS, INSURANCE, LEGAL RESPONSIBILITY, AND PUBLIC SAFETY 6.1 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. 6.2 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.
6.3 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. 6.4 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.
6.5 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 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.
I.9.d
Packet Pg. 266
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-21
6.6 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.
(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,
I.9.d
Packet Pg. 267
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-22
aggregate operations, aggregate protective and aggregate contractual with the following minimum limits: Bodily injury (including death) $2,000,000 each person, $4,000,000 each occurrence
Property Damage $1,000,000 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."
6.7 Reserved. 6.8 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.
6.9 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
I.9.d
Packet Pg. 268
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-23
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.
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
In addition to any other obligation to indemnify, defend, and hold harmless the City, 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
following telephone numbers are listed. Fire Department
comply with the other provisions of this section, the
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
I.9.d
Packet Pg. 269
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-24
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.
SECTION 7 - STATE OF CALIFORNIA REQUIREMENTS 7.1 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. 7.2 PAYROLL RECORDS Contractor shall provide the City with certified copies of payroll records upon demand, and within 24 hours of such demand. 7.3 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.
I.9.d
Packet Pg. 270
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-25
7.4 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. 7.5 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. 7.6 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. 7.7 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. 7.8 CONCRETE FORMS, FALSEWORK AND SHORING
The Contractor shall comply fully with the requirements of Section 1717 of the 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
I.9.d
Packet Pg. 271
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-26
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.
I.9.d
Packet Pg. 272
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-27
SPECIAL PROVISIONS
The following provisions of the Green Book are modified as follows: SECTION 2 – SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE. Add the following: 2-6.1 Scope of Work. The Work generally consists of the rehabilitation of asphalt concrete pavement, cold milling, pulverizing existing pavement section to form pulverized miscellaneous base, placement of rubberized hot mix asphalt (dense-graded), repair and construction of concrete curb, gutter, access
ramps, striping, traffic control and all other incidental work as specified in the Specifications and these Special Provisions, and as directed by the Engineer. Upon approval of the Additive Bid Schedule items, Work will also generally consist of furnishing all labor, materials, tools, equipment, and incidentals necessary to remove (by grinding) existing thermoplastic and painted striping, pavement markings and legends; remove raised pavement markers; apply bituminous pavement crack sealant; apply slurry seal in areas indicated; install new striping, pavement markings, legends and raised pavement markers as specified in the Specifications and these Special Provisions, and as directed by the Engineer.
The Work also includes sweeping before and after slurry seal applications; removing of grease spots (by grinding); all necessary traffic control; preparing and updating construction schedules; posting signs for “NO PARKING” and arranging for towing of cars, if necessary; protecting all utility covers in place; and installing temporary pavement markers. The Contractor shall be responsible for cleaning, sweeping and removing all loose rock from surfaces, parking areas, gutters, sidewalks, driveways and parkways after all Work, as specified in the Specifications and these Special Provisions, and as directed by the Engineer. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. Replace the entire Subsection 2-9.1 with the following:
The Contractor shall not disturb survey monuments, lot stakes (tagged), centerline ties, or benchmarks without notifying the Engineer. The Contractor shall be responsible to have a CA Registered Land Surveyor document all surveying monuments, lot stakes (tagged), centerline ties, and bench marks
that may be disturbed during construction. In the event that identification numbers on survey monuments are illegible, it shall be the responsibility of the Contractor to obtain all information necessary to restore the monuments in their correct location. The Contractor or its Surveyor shall file a
Corner Record Form at the San Bernardino County Surveyor referencing survey monuments subject to disturbance prior to the start of construction and also prior to the completion of construction, including a location for reestablishment of disturbed monuments. Copies of the records shall be provided to the City. Final payment will not be made until the aforementioned documentation is provided to the CITY.
I.9.d
Packet Pg. 273
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-28
All surveying shall be performed by a CA Registered Licensed Land Surveyor or a Registered Civil Engineer authorized to practice land surveying within the state. All monuments and centerline ties
shall be tied out and reset in accordance with Section 8771 (Land Surveyors Act) of the Business and Professions Code of the State of California. SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR 7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP). Replace the entire subsection with the following: Construction activities covered by the General Permit require submittal by the Contractor of a Storm Water Pollution Prevention Plan (SWPPP) prior to the start of any clearing, demolition, grading or excavation. A Storm Water Pollution Prevention Plan (SWPPP) shall be defined as a report that includes site map(s), identification of construction and contractor activities that could pollute storm water, and a description of measures and practices to control the potential pollutants. The preparation and implementation of the SWPPP is intended to ensure that the Contractor will make every reasonable effort to prevent the pollution of water resources during the period of construction. The size and nature of this Contract place it under the regulations of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge Associated with Construction Activity. In the State of California, these regulations are adopted by the State Water Resources Control Board. These regulations require a SWPPP for any work where clearing, grading,
and excavation result in a land disturbance of one or more acres. As a result, the Contractor shall prepare, submit to the CITY for review and approval, and implement a SWPPP for this Contract in compliance with these regulations.
SECTION 9 – MEASUREMENT AND PAYMENT 9-3.4 Mobilization. Replace the entire subsection with the following: Mobilization shall include site review; obtaining all permits, insurance, and bonds; moving onto the site all equipment; furnishing and erecting temporary buildings, and other construction facilities,
and removal of same at completion of the Work; and other work, all as required for the proper performance and completion of the Work.
Mobilization shall include, but not be limited to, the following items: (a) Submittal and modification, as required, of the Construction Schedule. (b) Moving on to the site of all Contractor's equipment required for the work
(c) Providing on-site sanitary facilities and portable water facilities, as required.
(d) Submittal of all required insurance certificates and bonds, including subcontractors.
(e) Obtaining all required permits.
(f) Having the Contractor’s Superintendent present at the job site full time.
I.9.d
Packet Pg. 274
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-29
(g) Developing construction water supply.
(h) Arranging for and erection of Contractor's work and staging area. (i) Removal (including all spray-painted markings on any surface), cleanup, and
restoration. (j) Demobilization
I.9.d
Packet Pg. 275
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-30
PART 2 CONSTRUCTION MATERIALS
SECTION 200 - ROCK MATERIALS 200-2 UNTREATED BASE
MATERIALS
200-2.1 General Replace the entire subsection with the following: Untreated base for pavement, curb, gutter, cross gutters, sidewalks, hardscape and other improvements shall be Pulverized Miscellaneous Base conforming to Greenbook 200- 2.8.
200-2.8 PULVERIZED MISCELLANEOUS BASE 200-2.8.2 Testing Add the following: If testing requires, stabilizing agents shall be added to the pulverized miscellaneous base as
approved by the Engineer. SECTION 203 – BITUMINOUS MATERIALS 203-5 SLURRY SEAL 203-5.1 General. Replace the first sentence with the following:
Slurry seal shall be quick-set Type II emulsion-aggregate slurry (EAS), with the addition of 2.5% latex, OR APPROVED EQUAL and is herein referred to as “Slurry.”
203-11 Asphalt Rubber Hot Mix (ARHM) Replace the entire subsection with the following:
RUBBERIZED HOT MIX ASPHALT-DENSE GRADED SPECIFICATIONS
1. General 1.1. Scope
This work consists of constructing a Rubberized Dense Grade Asphalt (RHMA-D) overlay on an existing
pavement surface.
1.2. Definitions
Rubberized Dense Grade Asphalt (RHMA-D): Mixture of rubber modified asphalt binder and
dense-graded aggregate mixed in a central mixing plant.
Fine aggregate: Aggregate passing the no. 4 sieve. Coarse
aggregate: Aggregate retained on the no. 4 sieve.
1.3. Submittals
The Contractor shall comply with all Federal, State, and Local environmental laws, rules,
regulations, and ordinances including, but not limited to, air quality requirements.
I.9.d
Packet Pg. 276
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-31
At least 10 days before starting any RHMA-D activities, Contractor shall submit the name of an
authorized laboratory to perform Quality Control (QC) testing for RHMA-D. The authorized laboratory
must comply with the Caltrans Independent Assurance Program (IAP) or possess current AASHTO
Material Reference Laboratory (AMRL) accreditation for all ASTM and AASHTO tests required in Section
2.
Contractor shall submit to the Agency a certified volume or weight slip for each delivery of rubber
modified binder and RHMA-D.
At least 14 days before use, Contractor shall submit:
1. Four each one-quart cans of rubber modified asphalt binder 2. SDS for each hazardous material
3. Rubber modified asphalt binder formulation, including: 3.1. Each source and type of crumb rubber modifier 3.2. Percentage of crumb rubber modifier by total weight of rubber modified asphalt
binder 4. Test results 4.1. Certificate of Compliance showing the rubber modified asphalt binder is the
required PG grade
4.2. Certificate of Compliance showing each source of crumb rubber modifier is
derived from automobile and/or truck tires 4.3. Test results showing the aggregate meets the requirements in Tables 1 and 2 4.4. Test results showing the RHMA-D meets the requirements in Table 3
5. JMF Forms 5.1. Caltrans Contractor Job Mix Formula Proposal form CEM-3511 5.2. Caltrans Contractor Hot Mix Asphalt Design Data form CEM-3512 5.3. Caltrans Hot Mix Asphalt Verification form CEM-3513, if available 5.4. Caltrans Job Mix Formula Renewal form CEM-3514, if available
1.4. Job Mix Formula (JMF)
Contractor shall submit the proposed JMF for each type of RHMA-D to be used. The Contractor is
required to submit mix design documentation that has been dated within 12 months of submittal.
The Contractor shall submit the test results for the RHMA-D showing that the mixture meets all of the
requirements as shown in Section 2.6 of these specifications.
The JMF must be submitted on the Caltrans Contractor Job Mix Formula Proposal form CEM-
3511along with:
1. Mix design documentation on Caltrans Contractor Hot Mix Asphalt Design Data form
CEM-3512. Also report the theoretical maximum specific gravity for the RHMA-D.
2. JMF verification on a Caltrans Hot Mix Asphalt Verification form CEM-3513, if
available.
3. JMF renewal on a Caltrans Job Mix Formula Renewal form CEM-3514, if available.
The JMF forms do not need to be Caltrans approved, however the Contractor is encouraged to submit
Caltrans approved forms if they are available.
I.9.d
Packet Pg. 277
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-32
All Caltrans JMF forms can be found online at: http://www.dot.ca.gov/hq/construc/forms.htm
1.5. Quality Control Program
Contractor shall develop, implement, and maintain a QC program. Contractor
shall prepare and maintain QC records, including:
1. Names and qualifications of: 1.1. Samplers 1.2. Testers
1.3 Inspectors 2. Testing laboratories 3. Testing equipment calibrations and certifications 4. Construction inspection reports 5. Sampling and testing records organized by date and type of material 6. Test results with comparison of quality characteristic requirements 7. Test results in relation to action and any suspension limits 8. Records of corrective actions and suspensions
Contractor shall notify the Agency within 24 hours of any noncompliance identified by the QC program.
1.6. Quality Control Manager
Contractor shall assign a QC manager before the start of the affected work. The QC manager must
receive, review, and approve all correspondence, submittals, and reports relating to the QC of
materials before they are submitted to the Agency. The QC manager must be the sole individual
responsible for: 1. Signing the QC plan 2. Implementing the QC plan
3. Maintaining the QC records
The QC manager must be Contractor’s employee or must be hired by a subcontractor providing only QC
services. The QC manager must not be employed or compensated by a subcontractor or by any other
persons or entities hired by subcontractors who will provide services or material for the project.
1.7. Preconstruction Meeting
At least 7 business days before the start of surfacing and pavement operations, the following
Contractor personnel shall attend a preconstruction meeting with:
1. Project Manager 2. QC manager 3. Project superintendent
4. Project foreman 5. Subcontractors’ foremen
I.9.d
Packet Pg. 278
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-33
6. RHMA-D supplier
Contractor shall be prepared to discuss the project specifications and the processes for producing materials
and constructing each item of work, including:
1. Quality assurance 1.1. Quality control 1.2. Agency acceptance 2. Placement of materials:
2.1. Training 2.2. Checklists 2.3. Test strips (if required)
3. Contingency plan 4. Issues specific to the project, including: 4.1. Weather 4.2. Alignment and geometrics 4.3. Traffic control issues 4.4. Haul distances 4.5. Presence and absence of shaded areas 4.6. Noticing
2. Materials 2.1. Rubber Modified Asphalt Binder
Rubber modified asphalt binder shall be MAC15TR that meets the requirements in Section 203-14 of the
current Greenbook.
2.2. Aggregate
Up to 15% of the aggregate by weight may be replaced with Reclaimed Asphalt Pavement (RAP). Recycled
Asphalt Shingles (RAS) are not allowed in RHMA-D.
Aggregate for RHMA-D must comply with the gradation requirements shown in Table 1.
Table 1: Aggregate Gradation Requirements for RHMA-D
Percentage passing by
weight
Sieve
Size
3/8 inch
Target
value limit
Allowable
tolerance
1” 100 ---
3/4” 100 ---
1/2” 100 ---
3/8” 95-98 ±5
No. 4 55-75 ±5
No. 8 30-50 ±5
No. 30 15-35 ±5
No. 200 2-9 ±2
I.9.d
Packet Pg. 279
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-34
I.9.d
Packet Pg. 280
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-35
The aggregate must also comply with the requirements shown in Table 2.
Table 2: Aggregate Requirements
Quality Characteristics Test Method Requirement
Percent of crushed particles
AASHTO T 335
95
Coarse aggregate (min, %)
One-fractured face
Two-fractured faces Fine
aggregate (min, %)
90
(Passing No. 4 sieve and retained on
No. 8 sieve.)
One-fractured face 70
Los Angeles Rattler (max, %)
AASHTO T 96
12 Loss at 100 Rev.
Loss at 500 Rev. 40
Sand equivalent (min)a AASHTO T 176 47
Flat and elongated particles (max, %
by weight at 5:1) ASTM D4791 10
Fine aggregate angularity (min, %)b AASHTO T 304, Method A 45
aReported value must be the average of 3 tests from a single sample. The use of a reading indicator is
required as shown in AASHTO T 176, Figure 1. Sections 4.7, “Manual Shaker’” 7.1.2, “Alternate Method No.
2,” and 8.4.3, “Hand Method,” do not apply. Prepare the stock solution as specified in section 4.8.1, “Stock
solution with formaldehyde,” except omit the addition of formaldehyde.
bThe Agency waives this specification if RHMA-D contains 10 percent or less of nonmanufactured sand by
weight of total aggregate unless the JMF fails verification. Manufactured sand is fine aggregate produced by
crushing rock or gravel.
2.3. Rubberized Dense Grade Asphalt (RHMA-D)
RHMA-D mixture must comply with the requirements shown in Table 3.
Table 3: RHMA-D Requirements for Hveem Mix Design
Quality characteristic Test method Requirement
Air voids content (%) AASHTO T 269 a 4
Voids in mineral aggregate (min, %)b
SP-2 Asphalt Mixture Volumetrics
15.5-18.5
Gradation:
3/8-inch
1/2-inch 14.5-17.5
3/4-inch 13.5-16.5
Dust proportion Asphalt Institute MS-2 0.6-1.3
Bulk Specific gravity AASHTO T 275 Method A Report only
Theoretical maximum specific gravity AASHTO T 209 Method A a Report only
Moisture susceptibility (min, psi, dry strength) AASHTO T 283 100
Moisture susceptibility (min, psi, wet strength) AASHTO T 283b,c 70
Binder content (min, %, by total weight of
mix)d Note D below
a Calculate the air voids content of each specimen using AASHTO T 275, Method A, to determine bulk specific
gravity. Use AASHTO T 209, Method A, to determine theoretical maximum specific gravity. Use a digital
manometer and pycnometer when performing AASHTO T 209.
I.9.d
Packet Pg. 281
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-36
b Test plant-produced RHMA-D.
d Freeze thaw required
d Once the percent asphalt-rubber binder is determined by the mix design, the production tolerance shall be
+ 0.5% / -0.4%.
The Optimal Binder Content (OBC) shall be determined by California Test 367, except that Step 2 regarding
surface flushing shall not be used. OBC shall be determined by using a void content of 4 percent or less.
Compaction shall be in accordance with California Test 34, except for the following:
1. Mixing temperature of binder shall be from 300 to 350 degrees F. 2. Mixing temperature of aggregate shall be from 290 to 325 degrees F. 3. Compaction temperature shall be from 275 to 300 degrees F.
3. Quality Control 3.1. Aggregate
Test the quality characteristics of aggregates under the test methods and frequencies shown in Table 4.
Table 4: Aggregate Testing Frequencies
Quality characteristic Test method Frequency
Gradation AASHTO T 27
Startup and 1 per 750 tons Sand equivalenta, b AASHTO T 176
Moisture contentc AASHTO T 255
Crushed particles AASHTO T 335
1 per projectd
Los Angeles Rattler AASHTO T 96
Flat and elongated particles ASTM D4791
Fine aggregate angularity AASHTO T 304, Method A
aReported value must be the average of 3 tests from a single sample
bUse of a sand reading indicator is required as shown in AASHTO T 176, Figure 1. Sections 4.7, “Manual
Shaker’” 7.1.2, “Alternate Method No. 2,” and 8.4.3, “Hand Method,” do not apply.
Prepare the stock solution as specified in section 4.8.1, “Stock solution with formaldehyde,” except omit the
addition of formaldehyde.
cTest at continuous mixing plants only.
For lime-treated aggregate, test aggregate before treatment and test for gradation and moisture content
during RHMA-D production.
dAt the discretion of the Agency, testing for crushed particles, Los Angeles Rattler, flat and elongated
particles, and/or fine aggregate angularity performed during the mix design, mix design verification, or mix
design renewal may be used in lieu of testing during the project.
3.2. Rubberized Hot Mix Asphalt-Dense Graded
Test the quality characteristics of RHMA-D under the test methods and frequencies shown in Table 5.
Table 5: RHMA-D Requirements for Hveem Mix Design
I.9.d
Packet Pg. 282
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-37
Quality characteristic Test method Frequency
Air voids content (%) AASHTO T 269
1 per 2,000 tons but not
less than 1 per paving day
Asphalt-Rubber Binder Content Note A below
RHMA-D moisture content AASHTO T 329
Voids in mineral aggregate (min, %) SP-2 Asphalt Mixture Volumetrics
Dust proportion SP-2 Asphalt Mixture Volumetrics
Moisture susceptibility AASHTO T 283 1 per 10,000 tons but not
less than 1 per project
Nuclear gauge densityb ASTM D 2950 3 per 250 tons but not less
than 3 per paving day
a Once the percent asphalt-rubber binder is determined by the mix design, the production tolerance shall
be + 0.5% / -0.4%.
bCalibrated to cores using CTM 375 or other means.
Laboratory compaction shall be in accordance with California Test 34, except for the following:
1. Compaction temperature shall be from 290 to 300 degrees F.
4. Construction
4.1. Equipment 4.1.1.Placing/Spreading
RHMA-D
Paving equipment for spreading must be:
1. Self-propelled 2. Mechanical 3. Equipped with a screed or strike-off assembly that can distribute RHMA-D the full
width of a traffic lane
4. Equipped with a full-width compacting device
5. Equipped with automatic screed controls and sensing devices that control the
thickness, longitudinal grade, and transverse screed slope
Install and maintain grade and slope references. The screed must be heated and produce a uniform
RHMA-D surface texture without tearing, shoving, or gouging. The paver must not leave marks such as
ridges and indentations.
All trucks transporting RHMA-D to the jobsite shall be completely covered with tarpaulins, which are fully
secured, during transport.
In areas inaccessible to spreading and compacting equipment:
1. Spread the RHMA-D by any means to obtain the specified lines, grades, and cross
sections
2. Use a pneumatic tamper, plate compactor, or equivalent to achieve
thorough compaction.
The use of a material transfer vehicle is allowed. The material transfer vehicle must have sufficient
capacity to prevent stopping the paver and must be capable of:
1. Either receiving RHMA-D directly from trucks or using a windrow pickup head to
load it from a windrow deposited on the roadway surface
I.9.d
Packet Pg. 283
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-38
2. Remixing the RHMA-D with augers before transferring into the paver’s receiving
hopper or feed system
3. Transferring RHMA-D directly into the paver’s receiving hopper or feed system
4.1.2.Compacting RHMA-D
Each roller must have a separate operator. Rollers must be self-propelled and reversible.
4.2. Surface Preparation
The Contractor shall remove all existing traffic stripes, markings, crosswalks, stop bars, and legends; and
raised pavement markers in areas to receive RHMA-D and any adjacent areas as directed by the Agency.
Removal shall be done by sand blasting or grinding and disposing of by the Contractor. Grinding or sand
blasting operations shall be conducted to keep all removed pavement material from entering the storm drain
system. Said removal shall not occur sooner than 2 calendar days prior to the day that the RHMA-D will be
placed.
Existing pavement striping, markings, or markers which are outside the work area and not to be removed,
shall be protected by the Contractor. Any striping, markings, or markers to remain damaged or rendered
useless by the Contractor’s operations shall be restored by the Contractor to the Agency’s satisfaction and at
the Contractor’s expense.
Following herbicide spraying, all vegetation shall be removed from the cracks in the pavement and from all
joints between the pavement and concrete gutters by the Contractor.
On the day that a street receives RHMA-D material, it shall be swept without the use of water. Pavement must
be completely dry prior to placement of RHMA-D. The Contractor shall not begin any activities related to the
placement of RHMA-D on any street until the Agency has approved the street cleaning.
Apply a tack coat on the existing pavement surface and on the vertical surfaces of any curbs, gutters, and
construction joints. Apply the tack coat at a rate shown in the following table, or as otherwise ordered by
the Agency:
Table 6: Tack Coat Application Rates for RHMA-D
RHMA-D over:
Minimum residual rates (gal/sq yd)
CSS1/CSS1h, SS1,SS1h
and QS1h/CQS1h
asphaltic emulsion
CRS1/CRS2, RS1/RS2
and QS1/CQS1
asphaltic emulsion
Asphalt binder and
PMRS2/PMCRS2 and
PMRS2h/PMCRS2h
asphaltic emulsion
New HMA
(between lifts of
new material)a
0.04
0.05
0.04
Existing pavement 0.05 0.07 0.05
Milled surface 0.06 0.08 0.06
a Only if there has been no traffic other than construction vehicles on the surface, the surface has been in
place for one day or less, and the surface is clean, unless otherwise approved by the Agency. Otherwise,
use the rates for existing pavement.
I.9.d
Packet Pg. 284
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-39
Notify the Agency if asphaltic emulsion is diluted with water. The weight ratio of added water to asphaltic
emulsion must not exceed 1 to 1. Measure added water by weight so long as the Contractor furnishes the
Agency with weight slips from the weighmaster. Water may be measured by volume so long as the
vehicles allow for accurate determination of its contents and each vehicle has a legible identification mark
showing its volumetric capacity at any given time.
The application of the tack coat material shall be uniform in appearance and free from ribboning and all
other defects. Correct all defective areas of the tack coat where uniform distribution was not achieved
prior to placing RHMA-D material over these areas. Placement of RHMA-D material shall not be permitted
until the tack coat has broken.
In the event that a scheduled street should become wet due to fog, rain, or any other reason, the
placement of RHMA-D shall be suspended until the surface has dried completely, as determined by the
Agency.
4.3. Spreading RHMA-D
Spread and compact RHMA-D at an ambient air temperature of at least 50 degrees F and a surface
temperature of at least 55 degrees F.
The Contractor may deposit RHMA-D in a windrow and load it in the paver if:
1. Paver is equipped with a hopper that automatically feeds the screed, or if a
Materials Transfer Vehicle (MTV) is used.
2. Loading equipment can pick up the windrowed material and deposit it in the paver
hopper without damaging base material
3. Activities for depositing, pickup, loading, and paving are continuous
4. RHMA-D temperature in the windrow does not fall below 270 degrees F
RHMA-D placed in a windrow on the roadway surface must not extend more than 250 feet in front of the
paver.
The temperature of the RHMA-D mixture directly behind the paving machine, before any rolling, shall be at
least 240 degrees F.
Longitudinal joints in the top layer should be offset six inches from the longitudinal joint in the existing
surface layer, if that joint is discernable. The direction of the offset should be towards the lane line, if the
joint is not along the lane line. If the longitudinal joint in the existing surface is not discernable, the
longitudinal joint shall be along the lane line. A vertical longitudinal joint of more than two inches is not
allowed at any time between adjacent lanes open to traffic.
If placing RHMA-D against the edge of existing pavement, cold mill, saw cut or grind the pavement
straight and vertical along the joint and remove extraneous material unless the Agency approves
placement against the existing pavement edge.
For divided roadways with an RHMA-D lift thickness greater than two inches, Contractor may construct a
one-foot wide tapered notched wedge joint as a longitudinal joint between adjacent lanes open to traffic.
A vertical notch of 0.75 inch maximum must be placed at the top and bottom of the tapered wedge. The
tapered notched wedge must keep its shape while exposed to traffic.
Pave the adjacent lane within 1 day. Construct the tapered portion of the tapered notched wedge with an
I.9.d
Packet Pg. 285
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-40
authorized strike-off device. The strike-off device must provide a uniform slope and must not restrict the
main screed of the paver. Contractor may use a device attached to the screed to construct longitudinal
joints that will form a tapered notched wedge in a single pass. The tapered notched wedge must be
compacted to a minimum of 90 percent of theoretical maximum density.
Where a tapered edge is required, use the same type of RHMA-D used for the adjacent lane or shoulder.
The edge of roadway where the tapered edge is to be placed must have a solid base, free of debris such as
loose material, grass, weeds, or mud. Grade the areas to receive the tapered edge as required. The tapered
edge must be placed monolithic with the adjacent lane or shoulder and must be shaped and compacted
with a device attached to the paver.
The device must be capable of shaping and compacting RHMA-D to the required cross section as shown.
Compaction must be accomplished by constraining the RHMA-D to reduce the cross sectional area by 10 to
15 percent. The device must produce a uniform surface texture without tearing, shoving, or gouging and
must not leave marks such as ridges and indentations. The device must be capable of transitioning to cross
roads, driveways, and obstructions.
For the tapered edge, the angle of the slope must not deviate by more than ±5 degrees from the angle
shown in the Plans. Measure the angle from the plane of the adjacent finished pavement surface. If paving
is done in multiple lifts, the tapered edge must be placed with each lift.
Short sections of hand work are allowed to construct tapered edge transitions.
If widening existing pavement, construct new pavement structure to match the elevation of the existing
pavement's edge before placing RHMA-D over the existing pavement.
Unless otherwise approved by the Agency, do not pave the top layer of any of the following until the
adjoining through lane's top layer has been paved:
1. Shoulders 2. Tapers 3. Transitions 4. Road connections 5. Driveways 6. Curve widenings 7. Chain control lanes
8. Turnouts 9. Turn pockets
If the number of lanes changes, pave each through lane's top layer before paving a tapering lane's top layer.
Simultaneous to paving a through lane's top layer, you may pave an adjoining area's top layer, including
shoulders. Do not operate spreading equipment on any area's top layer until completing all compaction
activities.
If shoulders or median borders are shown, pave shoulders and median borders adjacent to the lane before
opening a lane to traffic.
If shoulder conform tapers are shown, place conform tapers concurrently with the adjacent lane's paving.
4.4. Compacting RHMA-D
Rolling must leave the completed surface compacted and smooth without tearing, cracking, or
I.9.d
Packet Pg. 286
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-41
shoving. If a vibratory roller is used as a finish roller, turn the vibrator off. Do not open new RHMA-D
pavement to traffic until its mid-depth temperature is below 160 degrees F. If the surface to be paved
is both in sunlight and shade, pavement temperatures are taken in the sun.
The Contractor will use any means necessary to compact the RHMA-D material to 92.0 to 97.0 percent of
the theoretical maximum specific gravity. The Contractor will submit to the Agency, in writing, the
compaction method to be used at least 5 days prior to placing any RHMA-D material.
4.5. Pavement Smoothness
The Contractor will produce an RHMA-D pavement where the surface has a uniform appearance and
texture, free from any humps or bumps, and free from segregation. The RHMA-D pavement shall be true to
grade and cross section. When a 10-foot straightedge is laid on the finished surface parallel to the
centerline of the roadway, the finished surface shall not vary from the edge of the straightedge more than
1/8 inch, except at intersections or at changes of grade. Any areas that are not within this tolerance shall
be brought to grade immediately following the initial rolling. If the RHMA-D has cooled below the lower
limits of the spreading temperatures prescribed in this specification, the surface of the pavement shall be
brought to a true grade cross section. The RHMA-D in the area to be repaired shall be removed, by cold
milling, to prov ide a minimum laying depth of 1 inch, or 2 times the maximum aggregate size, whichever
is greater, of the new pavement at the join line. Repairs shall not be made to the pavement surface by
tapering the thickness at the join lines.
Whenever compaction of the final surface lift is complete, place all permanent traffic stripes, pavement
markings, crosswalks, stop bars, and raised pavement markers as shown in the Plans or project
Specifications. Placement of all pavement markings and raised pavement markers shall be completed
within 10 calendar days after compaction of the final surface lift. Protect newly placed traffic stripes and
pavement markings from traffic and other deleterious activities until the paint is thoroughly dry or the
thermoplastic is hard enough to bear traffic.
5. Agency Acceptance
The Agency reserves the right to refuse to permit the use of material solely on the basis of a Certificate of
Compliance, except for the asphalt modifier and crumb rubber modifier. The contractor shall allow the
Agency or their designee access to observe any and all QC testing being performed. The Contractor must
inform the Agency or their designee of the time and location that all QC testing will be performed.
Contractor shall deliver samples of materials used to the Agency or permit the Agency or their designee
access to obtain samples from any stockpiles or facilities used to store or produce materials used in the
RHMA-D upon request at any time during construction. Agency reserves the right to have such materials
tested by an independent laboratory for compliance with the requirements in Section 2 for acceptance
purposes.
Contractor must submit CalRecycle Form 739-TRP certifying the use of California tires and the Cal
Recycle Reliable Contractor Declaration prior to commencing work.
(http://www.calrecycle.ca.gov/Funding/Forms/Tires/CalRecycle739TRP.pdf).
The Agency will use the results of the Contractor’s QC test results to determine if the materials used for
the RHMA-D meet the quality characteristic requirements that are specified herein. The Agency will
accept the completed, in-place RHMA-D if the final product is uniform in appearance, free from all visible
defects, bumps, and has met the minimum in-place density specified in Section 4.4 and binder content in
section 2.3. Additionally, all traffic stripes and pavement markings must be in place.
I.9.d
Packet Pg. 287
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-42
6. Payment
The payment quantity for RHMA-D is measured based on the combined mixture weight. If recorded batch
weights are printed automatically, the bid item for RHMA-D is measured by using the printed batch
weights. Contractor shall supply:
1. Time, date, mix number, load number, and truck identification are correlated with a load slip.
2. Each load slip shows the truck’s empty weight and the truck’s total weight including RHMA-D
material.
3. Copy of the recorded batch weights is certified by a licensed weighmaster.
The payment for tack coat is not included in the payment for RHMA-D. The Agency does not adjust the
unit price for an increase or decrease in the tack coat quantity.
SECTION 210 – PAINT AND PROTECTIVE COATINGS
210-1 PAINT
Add the following subsection: 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking
210-1.6.1. General.
All permanent striping and pavement markings on arterial and collector streets shall be hot applied alkyd thermoplastic in accordance with the provisions of Section 84-2.02 of the
Caltrans Standard Specifications. All permanent striping and pavement markings on local (residential) streets shall be alkyd thermoplastic in accordance with the provisions of Section 84-3.02 of the Caltrans Standard Specifications.
210-1.6.2. Thermoplastic Paint, State Specifications.
Traffic stripes and pavement markings shall conform to the provisions of Section 84 of the Caltrans Standard Specifications. Contractor shall paint a solid black stripe between all double thermoplastic striping.
I.9.d
Packet Pg. 288
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-43
PART 3 CONSTRUCTION METHODS
SECTION 300 - EARTHWORK 300-1 CLEARING AND
GRUBBING
300-1.2 Preservation of Property. Add the following: 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 disruption of service caused by the Contractor’s operations shall be regularly and 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 precipitated by the Contractor’s operations the Contractor shall replace same with 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. 300-1.3.1 General. Replace the entire subsection with the following:
Unless otherwise stated on the Plans or Specifications, all material removed from the Work
shall become the property of the Contractor and shall be disposed of in a lawful manner. Removals shall include, but not be limited to, 1) All excess excavation material not needed for structural section 2) Debris
3) Miscellaneous items
The contractor shall conform to the following requirements:
1) The Contractor shall not start any removal work unless it is prepared to
perform reconstruction work within 24 hours of the time removals were begun, unless otherwise approved by the Engineer.
2) The Contractor shall complete forming and pouring of PCC construction within five (5) working days following the removal of existing material at any location.
3) The Contractor shall not remove on-site improvements until it is prepared to construct the adjacent street section and shall promptly restore all such improvements as applicable, upon completion of the adjacent street work. All concrete removed shall be hauled off the Work site no later than the calendar day following the day that the removal is performed. Prior to making removals, the Contractor shall meet with the Engineer to verify the limits of
I.9.d
Packet Pg. 289
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-44
removals, locations of joins, to establish smooth joins and to ensure proper drainage. The Contractor may make minor changes in the location of joins and the limits of removals,
provided a smooth join and proper drainage can be achieved and it has obtained prior written approval from the Engineer. In order to protect the public streets from deterioration due to hauling of materials, the Contractor shall submit, prior to the Pre-Construction Meeting, for approval a proposed route for hauling of materials for disposal. Upon approval, the Contractor shall strictly adhere to that
route, unless written permission from the Engineer is obtained to change the route.
SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION 301-1.3 Relative Compaction [replace the first paragraph with the following]: The top 150 mm (6 inches) of subgrade material under street structural section and curb and gutter shall be compacted to a relative compaction of 95 percent. The top six inches of subgrade material
under alley pavement, driveway, and sidewalks shall be compacted to a relative compaction of 90 percent. SECTION 302 – ROADWAY SURFACING
302-1 COLD MILLING OF EXISTING PAVEMENT 302-1.1 General. Replace with the following:
Cold Milling shall include edge milling, header milling and profile milling as necessary to provide the required grades and allow for a smooth pavement profile in preparation for asphalt concrete overlay paving. Milling limits shown on the plans are approximate. The Engineer may direct the Contractor to cold mill in other areas, as necessary for construction. Some adjustment of limits and depths will be necessary to accommodate paving requirements. Care shall be exercised not to damage adjacent concrete including curbs without gutters. Gutters or
curbs damaged shall be replaced at the Contractor's expense. Existing asphalt concrete shall be milled at the locations and to the dimensions in these Specifications or as directed by the Engineer. The cold milling making shall have a cutter head at least 30 inches wide and shall be operated so as not to produce fumes or smoke.
I.9.d
Packet Pg. 290
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-45
The depth, width and shape of the cut shall be as indicated in these Specifications or as directed by the Engineer. The final cut shall result in a uniform surfacing conforming to the
typical cross sections. The outside lines of the milled area shall be neat and uniform. The road surfacing to remain in place shall not be damaged in any way.
Where transverse joints are milled in the pavement at conform lines, no drop-off shall remain between the existing pavement and the milled area when the pavement is opened to public traffic. If asphalt concrete has not been placed to the public traffic, a temporary asphalt
concrete taper shall be constructed. The asphalt concrete shall be placed to the level of the existing pavement and tapered on a slope of 30:1 or flatter to the level of the milled area. Temporary tapers shall remain in place no longer than seven (7) days. Asphalt concrete for tapers shall be commercial quality and may be spread and compacted by any method that will produce a smooth riding surface. Asphalt concrete tapers shall be
completely removed, including removing all loose material from the underlying surface, before placing the permanent surfacing. Placement of Asphalt Rubber Hot Mix (ARHM) shall be done within three days after the cold milling operation. 302-4 SLURRY SEAL SURFACING. 302-4.1 General. Add the following:
The Contractor shall immediately inform the City of any necessary asphalt patching or repairs, and all other roadway surface preparation work not included in these specifications, but is required in order to achieve the required quality of slurry seal work, at any project location.
Prior to Slurry application, the Contractor shall perform the following preparation
Work in all project areas, unless otherwise specified:
1) Remove all existing pavement striping, markings, and legends, and raised pavement markers per Section 314, “TRAFFIC STRIPING, CURB AND PAVEMENT
MARKINGS, AND PAVEMENT PARKERS,” in these Special Provisions.
2) Apply crack sealant in accordance to Section 302-14 “BITUMINOUS PAVEMENT CRACK SEALING,” of these Special Provisions.
3) Protect all manhole covers, drain inlet covers, monument covers and all other utility covers from Slurry Seal operations by applying a sheet of plastic, cut to fit or placing
a plastic bag over the exposed facilities or other methods approved by the Engineer. All traces of plastic, residual emulsion and Slurry shall be removed from all manhole covers, drain inlet covers, monument covers and all other utility covers as quickly as possible, after the application of Slurry and/or prior to final acceptance of the project. 4) Clean all surfaces that are to be Slurried, including removing all debris, vegetation,
and other organic matter, removing any standing water, and sweeping the project area to remove all loose rocks and material.
I.9.d
Packet Pg. 291
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 A-46
302-4.11 Measurement and Payment. Delete this subsection and replace with the following: Slurry will be measured by the square foot (SF) for the actual pavement area slurry sealed.
Quantities shown in the Bidder’s Proposal are based on estimated measurements of the project areas and are approximations only. Compensation for preparation Work described in this Section will be considered as included in the Contract Unit Price per Street for the items of work involved and no additional compensation will be allowed therefore. No payment shall be made for any area requiring re-application of Slurry due to damage of Slurry, prior to acceptance of Work. 302-5 ASPHALT CONCRETE PAVEMENT.
302-5.4 Tack Coat. Add the following paragraph:
A Tack Coat shall be applied between base and finish/surface courses when i) the finish/surface course is not placed immediately after the base course (within 24 hours AND with
no traffic using the base course surface); ii) to existing paved surfaces where new asphalt concrete overlaps or abuts existing pavement; and iii) along all edges of concrete gutters and PCC pavement slabs. There shall be no separate payment for Tack Coat.
302-5.8 Manhole (and other structures ). Add the following: Contractor shall be required to remove manholes and utility access covers to below the depth to be removed and restore said covers to finish grade upon completion of paving.
Add the following subsection: 302-5.8.1 Payment. Payment shall be per the Contract Unit Price bid per each for adjustment of utility access covers (valves, meters, pull boxes) and manholes to grade. When applied to pull boxes, adjustment shall include the lowering or raising of conduits accordingly, as required per this provision.
Add the following subsections:
302-14 BITUMINOUS PAVEMENT CRACK SEALING. 302-14.1 General. Bituminous pavement crack sealing shall consists of furnishing all labor, materials, tools, equipment, and incidentals necessary to complete the Work involved in the
application of bituminous pavement crack sealant. All pavement cracks equal to 1/4” in width or greater shall be sealed. 302-14.2 Cleaning. Prior to crack sealing, the Contractor shall be responsible for properly
cleaning all pavement cracks to be sealed, to the satisfaction of the Engineer. Cleaning of
I.9.d
Packet Pg. 292
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2
pavement cracks shall include, but is not limited to, the application of approved week killer, as specified by the manufacture or Engineer, removal of debris or loose material from cracks, and cleaning of cracks with a hot air lance. 302-14.3 Materials. The crack sealant shall be a mixture of asphalt cement, aromatic rubber extender, oil and a minimum of 20% powdered rubber by weight, combined in such a manner as to produce a material with the following properties:
1) WORKABILITY. The material shall pour readily and penetrate large cracks at temperatures below 400 degrees Fahrenheit.
2) CURING. The product shall contain no water or volatile solvents and shall cure immediately upon cooling to a sufficient viscosity to prevent tracking by traffic.
3) LABORATORY EVALUATION. When the sample of the product has been heated at 350 degrees Fahrenheit for two hours, it shall pass the following tests:
• Softening Point (R & B): 135 degrees Fahrenheit Min. (ASTM D312)
• Flexibility: A 1/8" thick specimen of the product conditioned to 10 degrees Fahrenheit shall be capable of being bent to a 90-degree angle over 1" mandrel without cracking.
• The sealer shall be forced into the crack by use of a squeegee.
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS 303-5.5. Finishing 303-5.5.5. Alley Intersections, Access Ramps, and Driveways. Add the following:
Unless otherwise approved by the Engineer, the entire affected curb and gutter portion shall be removed by sawcutting the adjacent AC pavement one (1) foot from the edge of the PCC gutter. Where applicable, the contractor shall reconstruct this one (1) foot wide section with a 3-inch thick section of AC pavement (C2-PG-64-10) on a 4-inch thick section of 1-sack cement and sand slurry mix on an 8-inch thick section of untreated Base. If the affected curb and gutter is located in a spandrel, the spandrel shall be sawcut six inches (6”) minimum from the flow line of the gutter and the spandrel reconstructed to match the existing spandrel portion to remain and be on 8 inches of untreated Base. No extra payment will be allowed for the PCC spandrel construction. PCC Access Ramps shall be constructed at locations shown on the Plans and per the 2015 Caltrans Standard Plan A88A, included in Appendix IV. PCC Access Ramps shall not be poured monolithically with concrete curb.
Access ramps constructed in existing curb returns may obliterate survey tie points. The Contractor shall give a minimum of three (3) work days advance notice of each location to
the Engineer prior to removals so the CITY may reestablish the existing survey tie points. Detectable Warning Surface. Access ramps shall have a single piece prefabricated detectable
I.9.d
Packet Pg. 293
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
Technical Specifications
48
warning surface with dimensions of 36-inches (perpendicular to curb) by 48-inches wide (along curb) installed in accordance with the 2015 Caltrans Standard Plan A88A and comply with the requirements of the Americans with Disabilities Act (ADA). Detectable warnings shall consist of
raised truncated domes with a base diameter of nominal 0.9 inches, a top diameter of nominal 0.45 inches, a height of nominal 0.20 inches and a center-to-center spacing of nominal 2.35 in (60 mm). The edge of the detectable warning surface nearest the street shall be between 6” and 8” from the
gutter flowline. The detectable warning surface shall be a Cast-In-Place Replaceable Tactile Warning Surface Tile. The color of the detectable warning surface shall be Dark Gray (Federal Color No. 36118) or as approved by the Engineer prior to installation. The detectable warning surface shall be installed in accordance with the manufacturer’s recommendations and instructions. The manufacturer shall provide a minimum 5-year warranty, guaranteeing replacement when there is a defect in the dome shape, color fastness, sound-on-cane acoustic quality, resilience or attachment. The warranty period shall begin on the date of acceptance of the Contract.
303-5.7 Repairs and Replacements [Add to Subsection 303-5.7, “Repairs and Replacements,” of the Standard Specifications, the following:] In order to minimize vandalism damage to the finished PCC surfaces, the Contractor shall plan his work so that no PCC is poured after 1:00 p.m., unless otherwise authorized by the Engineer in the field.
The Contractor shall barricade and protect placed Portland Cement Concrete from all damages, marks, mars, and/or graffiti. Any Portland Cement Concrete damaged, defaced, discolored, or defective shall be replaced to the satisfaction of the Engineer at the Contractor's expense, and no additional time will be allowed.
Grading, patching, or other remedies to correct the situation will not be accepted unless in the opinion of the Engineer the vandalized area is so small that it does not warrant replacement. Concrete replacement areas shall be from score mark or control joint to score mark or control joint, and full width of the sidewalk. All replacement areas shall be saw cut. SECTION 601 – WORK AREA TRAFFIC CONTROL 601-1 General. Replace entire subsection as follows: Work area traffic control shall comply with California Manual on Uniform Traffic Control Devices
(MUTCD) Standards.
I.9.d
Packet Pg. 294
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
Technical Specifications
49
I.9.d
Packet Pg. 295
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
Technical Specifications
50
I.9.d
Packet Pg. 296
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
Technical Specifications
51
I.9.d
Packet Pg. 297
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
Technical Specifications
52
I.9.d
Packet Pg. 298
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
Technical Specifications
53
I.9.d
Packet Pg. 299
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
Technical Specifications
54
I.9.d
Packet Pg. 300
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
Technical Specifications
55
I.9.d
Packet Pg. 301
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
Technical Specifications
56
I.9.d
Packet Pg. 302
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
Technical Specifications
57
EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate)
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I.9.d
Packet Pg. 303
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 B-1
I. General
II.Nondiscrimination
III.Nonsegregated Facilities
IV.Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards ActProvisions
VI.Subletting or Assigning the Contract
VII.Safety: Accident Prevention
VIII.False Statements Concerning Highway Projects
IX.Implementation of Clean Air Act and Federal WaterPollution Control Act
X. Compliance with Governmentwide
Suspension andDebarment Requirements
XI.Certification Regarding Use of Contract Funds for Lobbying
ATTACHMENTS
A. Employment and Materials Preference for
Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only)
I. GENERAL
1.Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert
this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services).
The applicable requirements of Form FHWA-1273 are incorporated by reference
for work done under any purchase order,
rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or
service provider.
Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other
agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form
FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts
(excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract).
2.Subject to the applicability criteria noted in the following sections, these contract
provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed
on the contract by piecework, station work, or by subcontract.
3.A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for
withholding of progress payments,
withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.
I.9.d
Packet Pg. 304
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 B-2
4.Selection of Labor: During the performance of this contract, the contractor
shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term
Federal-aid highway does not include
roadways functionally classified as local roads or rural minor collectors.
II.NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-
aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service
contracts.
In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC
Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230,
and 633.
The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding
$10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine compliance
with Executive Order 11246 and the policies
of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and
the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation
Act of 1973, as amended (29 USC 794), and
Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23
CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements.
1.Equal Employment Opportunity: Equal
employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630,
29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative
action standards for the contractor's project activities under FHWA-1273 -- Revised May 1, 2012 2
In the execution of this contract, the contractor agrees to comply with the
following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract.
b. The contractor will accept as its operating
policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that
I.9.d
Packet Pg. 305
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 B-3
employees are treated during employment, without regard to their race, religion, sex,
color, national origin, age or disability. Such
action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training,
including apprenticeship, pre-apprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the
responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such
action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then
not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office
employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO
obligations within thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct
recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the
contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the
procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.
4. Recruitment: When advertising for
employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities
and women in the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through
public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with
such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid
bargaining agreement providing for
exclusive hiring hall referrals, the contractor is expected to observe the provisions of that
I.9.d
Packet Pg. 306
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 B-4
agreement to the extent that the system meets the contractor's compliance with EEO
contract provisions. Where implementation
of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal
nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion,
layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed:
a. The contractor will conduct periodic
inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate
the spread of wages paid within each classification to determine any evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to
determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the
actions reviewed, such corrective action shall
include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made
to the contractor in connection with its
obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates
that the discrimination may affect persons
other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such
efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements and as permissible under
Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special
provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who
receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements
for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women
I.9.d
Packet Pg. 307
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 B-5
and will encourage eligible employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or
in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and
women. Actions by the contractor, either
directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions,
joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion,
sex, national origin, age or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive
possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such
information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the
contractor will, through independent
recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or
disability; making full efforts to obtain qualified and/or qualifiable minorities and
women. The failure of a union to provide
sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor
from the requirements of this paragraph. In
the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the
Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue
hardship.
9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color,
religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and
reasonable steps to ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts
to ensure subcontractor compliance with their EEO obligations.
I.9.d
Packet Pg. 308
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 B-6
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and
the State DOT’s U.S. DOT-approved DBE program are incorporated by reference.
b. The contractor or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of
this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material
breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate.
11. Records and Reports: The contractor
shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all
contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall
document the following:
(1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and
(3) The progress and efforts being made in
locating, hiring, training, qualifying, and
upgrading minorities and women;
b. The contractors and subcontractors will submit an annual report to the contracting
agency each July for the duration of the
project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This
information is to be reported on Form
FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special
provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more.
The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither
require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any
location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms,
and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-
user restrooms and necessary dressing or
I.9.d
Packet Pg. 309
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 B-7
sleeping areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier
subcontracts (regardless of subcontract size).
The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural
minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects.
The following provisions are from the U.S. Department of Labor regulations in 29 CFR
5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at
time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist
between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits
under section 1(b)(2) of the Davis-Bacon Act
on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular
contributions made or costs incurred for more
than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).
Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's
payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b.
of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
I.9.d
Packet Pg. 310
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 B-8
(i) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(ii) The classification is utilized in the area by the construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the
wage determination.
(2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer
agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and
Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(3) In the event the contractor, the laborers or
mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for
determination. The Wage and Hour
Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits
where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from
the first day on which work is performed in
the classification.
c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly
rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
d. If the contractor does not make payments
to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or
program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the meeting of obligations under the plan or program.
2. Withholding
The contracting agency shall upon its own
action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime
contractor, or any other federally-assisted
contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the
I.9.d
Packet Pg. 311
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 B-9
accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees,
and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper,
employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto
shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the
name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or
cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor
has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-
Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or
mechanics affected, and records which show
the costs anticipated or the actual cost incurred in providing such benefits.
Contractors employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the
apprentices and trainees, and the ratios and
wage rates prescribed in the applicable programs.
b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the
contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses
shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The
required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall
maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour
Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a
subcontractor to provide addresses and social
security numbers to the prime contractor for
I.9.d
Packet Pg. 312
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 B-10
its own records, without weekly submission to the contracting agency..
(2) Each payroll submitted shall be
accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify
the following:
(i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is
being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the
full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates
and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section.
(4) The falsification of any of the above
certifications may subject the contractor or subcontractor to civil or criminal prosecution
under section 1001 of title 18 and section 231 of title 31 of the United States Code.
c. The contractor or subcontractor shall make
the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and
shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written
notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the
U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the
Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by
the Office of Apprenticeship Training,
Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.
I.9.d
Packet Pg. 313
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 B-11
The allowable ratio of apprentices to journeymen on the job site in any craft
classification shall not be greater than the
ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated above, shall be
paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other
than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be
observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen
hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify
fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails
for the applicable apprentice classification, fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer and Labor Services, or a
State Apprenticeship Agency recognized by
the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to utilize apprentices
at less than the applicable predetermined rate
for the work performed until an acceptable program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees
will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department
of Labor, Employment and Training Administration.
The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and
Training Administration.
Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees
shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a
training plan approved by the Employment
and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee
I.9.d
Packet Pg. 314
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 B-12
performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed.
In the event the Employment and Training
Administration withdraws approval of a
training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order
11246, as amended, and 29 CFR part 30. 7
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill training programs
which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section
IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater
than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3,
which are incorporated by reference in this
contract.
6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273
in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower
tier subcontractor with all the contract
clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor
and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and
Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7.
Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or
firm ineligible to be awarded Government
contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
I.9.d
Packet Pg. 315
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 B-13
b. No part of this contract shall be subcontracted to any person or firm ineligible
for award of a Government contract by virtue
of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms
laborers and mechanics include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve
the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek
unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be
liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or
a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of
$10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.
3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or
any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section.
4. Subcontracts. The contractor or
subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE
CONTRACT
I.9.d
Packet Pg. 316
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 B-14
This provision is applicable to all Federal-aid construction contracts on the National
Highway System.
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the
total original contract price, excluding any
specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before
computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” refers to workers employed or
leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier
subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State
regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions:
(1) the prime contractor maintains control
over the supervision of the day-to-day activities of the leased employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
(3) the prime contractor retains all power to
accept or exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for the payment of predetermined
minimum wages, the submission of payrolls,
statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly
specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract.
2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance
with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and
engineering services) as the contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except
with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only
after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract.
I.9.d
Packet Pg. 317
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 B-15
5. The 30% self-performance requirement of paragraph (1) is not applicable to design-
build contracts; however, contracting
agencies may establish their own self-performance requirements.
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid
construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing
safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may
determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the
contract.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under
construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a
condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance with the construction
safety and health standards and to carry out
the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704).
VIII. FALSE STATEMENTS
CONCERNING HIGHWAY PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in conformity with approved
plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons
concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation
of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places
where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State
or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the
material used or to be used, or the quantity or
quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps,
I.9.d
Packet Pg. 318
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 B-16
specifications, contracts, or costs of construction on any highway or related
project submitted for approval to the
Secretary of Transportation; or
Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character,
quality, quantity, or cost of any work
performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1,
1916, (39 Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERALWATER POLLUTION CONTROL ACT
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have
stipulated as follows:
1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water
Actor Section 306 of the Clean Air Act.
2.That the contractor agrees to include or cause to be included the requirements of
paragraph (1) of this Section X in every
subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements.
X.CERTIFICATION REGARDING
DEBARMENT,SUSPENSION, INELIGIBILITY AND VOLUNTARYEXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and
1200.
1.Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is
providing the certification set out below.
b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this
covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the
department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person
from participation in this transaction. c. The
certification in this clause is a material representation of fact upon which reliance
I.9.d
Packet Pg. 319
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 B-17
was placed when the contracting agency determined to enter into this transaction. If it
is later determined that the prospective
participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this
transaction for cause of default. d. The
prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous
when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the
prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who
has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a
First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction
be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or
agency entering into this transaction. g. The prospective first tier participant further
agrees by submitting this proposal that it will include the clause titled "Certification
Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without
modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any
lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. i.
Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the
prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under
paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded
from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or
I.9.d
Packet Pg. 320
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 B-18
agency may terminate this transaction for cause or default.
* * * * *
2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants:
a. The prospective first tier participant
certifies to the best of its knowledge and
belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency;
(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(3) Are not presently indicted for or
otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and
(4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.
b. Where the prospective participant is unable
to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated
to cost $25,000 or more - 2 CFR Parts 180
and 1200)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is a material
representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and
"voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier
Covered Transactions” refers to any covered
transaction between a grantee or subgrantee of Federal funds and a participant (such as the
I.9.d
Packet Pg. 321
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 B-19
prime or general contract). “Lower Tier Covered Transactions” refers to any covered
transaction under a First Tier Covered
Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such
as the prime or general contractor). “Lower
Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a
person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction
originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise
ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as the eligibility of any
lower tier prospective participants, each
participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be
construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
* * * * *
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants:
1. The prospective lower tier participant
certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered
transactions by any Federal department or
agency.
I.9.d
Packet Pg. 322
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 B-20
2. Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such
prospective participant shall attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING
USE OF CONTRACT FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20).
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been
paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal
appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance
with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 12
ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS
This provision is applicable to all Federal-aid
projects funded under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site
work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State
wherein the contract work is situated, except:
I.9.d
Packet Pg. 323
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 B-21
a. To the extent that qualified persons regularly residing in the area are not
available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer
employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20
percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.
2. The contractor shall place a job order with
the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on
which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with
the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall
promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The
contractor is not required to grant
employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.
4. If, within one week following the placing of a job order by the contractor with the State
Employment Service, the State Employment
Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the
contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill
positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.
5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a
contractual preference for the use of mineral resource materials native to the Appalachian region.
6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.
I.9.d
Packet Pg. 324
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of
Contractor’s Proposal, and listed below:
ITEM NO.
ITEM DESCRIPTION
ESTIMATED QUANTITY
UNIT UNIT PRICE ($) TOTAL ($)
1 TRAFFIC CONTROL 1 LS 15,000 15,000
2 SAWCUT FOR ASPHALT/
CONCRETE 160 LF 10 1600
3
REMOVE SIDEWALK, AND RECONSTRUCT CURB RETURN WITH CALTRANS RAMP CASE "A"
3 EA 10000 30000
4 REMOVE SIDEWALK, AND RECONSTRUCT CURB RETURN WITH CALTRANS RAMP CASE "C" 2 EA 7000 14000
5
SAWCUT AND REMOVE PAVEMENT, RECONSTRUCT FULL DEPTH ASPHALT THIKNESS 12"
375 SF 14 5250
6
SAWCUT AND REMOVE 1' WIDE STRIP AC, RECONSTRUCT FULL DEPTH ASPHALT THIKNESS 12"
1 LS 8000 8000
7 4" THICK PCC SIDEWALK OVER 6" CMB 100 SF 10 1000
8 REPLACE PULLBOX 3 EA 500 1500
9 INSTALL CALTRANS HIGHER VISIBILITY CROSS WALK
(LADDER TYPE))
20 EA 1100 22000
10 INSTALL OVERSIZE STOP SIGN 20 EA 1000 20000
11 INSTALL FLASHING STOP SIGN 6 EA 5000 30000
12 REMOVE EXISTING STRIPING 1 LS 4000 4000
13 INSTALL NEW STRIPING AND WORD MARKING 1 LS 15000 15000
14 REMOVE EXISTING FLASHING WARNING LIGHTS 1 EA 2000 2000
15 INSTALL DETECTABLE WARNING SURFACE 16 EA 500 8000
16 INSTALL SOLAR STREET LIGHT 5 EA 11500 50000
17 INSTALL SOLAR RADAR SPEED FEEDBACK 2 EA 10000 20000
18 REMOVE EXISTING STOP SIGNS 20 EA 100 2000
I.9.d
Packet Pg. 325
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2 C-2
19 INSTALL SOLAR RADAR SPEED
FEEDBACK 2 EA 5,000 10,000
Total: $259,350
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per
Section 1.10.
IV. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed $259,350 as provided in Section 2.1 of this Agreement.
I.9.d
Packet Pg. 326
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule:
Item
No. DESCRIPTION OF ITEMS Days to Perform From NTP
A TRAFFIC CONTROL Until completion of Services
under this Agreement
B SAWCUT FOR ASPHALT/ CONCRETE 15 days
C REMOVE SIDEWALK, AND RECONSTRUCT CURB RETURN WITH
CALTRANS RAMP CASE "A"
25 days
D REMOVE SIDEWALK, AND RECONSTRUCT CURB RETURN WITH
CALTRANS RAMP CASE "C"
15 days
E SAWCUT AND REMOVE PAVEMENT, RECONSTRUCT FULL
DEPTH ASPHALT THIKNESS 12"
7 days
F. SAWCUT AND REMOVE 1' WIDE STRIP AC, RECONSTRUCT
FULL DEPTH ASPHALT THIKNESS 12"
7 Days
G. 4" THICK PCC SIDEWALK OVER 6" CMB 15 days
H. REPLACE PULLBOX 15 days
I. INSTALL CALTRANS HIGHER VISIBILITY CROSS WALK (LADDER
TYPE))
35 days
J. INSTALL OVERSIZE STOP SIGN 27 days
K. INSTALL FLASHING STOP SIGN 47 days
L. REMOVE EXISTING STRIPING 27 days
I.9.d
Packet Pg. 327
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
01247.0006/634563.2
M. INSTALL NEW STRIPING AND WORD MARKING 32 days
N. REMOVE EXISTING FLASHING WARNING LIGHTS 45 days
O. INSTALL DETECTABLE WARNING SURFACE 27 days
P. INSTALL SOLAR STREET LIGHT 25 days
Q. INSTALL SOLAR RADAR SPEED FEEDBACK 47 days
R. REMOVE EXISTING STOP SIGNS 15 Days
S INSTALL SOLAR RADAR SPEED FEEDBACK(Additive Item) 17 Days
*For the purposes of this Exhibit “D”, “NTP” stands for “Notice to Proceed.”
II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
I.9.d
Packet Pg. 328
At
t
a
c
h
m
e
n
t
:
C
o
n
s
t
r
u
c
t
i
o
n
A
g
r
e
e
m
e
n
t
[
R
e
v
i
s
i
o
n
3
]
(
M
t
.
V
e
r
n
o
n
S
a
f
e
t
y
P
r
o
j
e
c
t
(
H
S
I
P
C
y
c
l
e
8
)
)
AGENDA REPORT
MEETING DATE: April 28, 2020 Council Item
TITLE: Resolution and Ordinance for Ratification and Adoption of the 2019 California Fire Code with Local Amendments
(Continued from January 28, 2020)
PRESENTED BY: Steven Weiss, Planning & Development Services Director
RECOMMENDATION: Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RATIFYING THE SAN BERNARDINO COUNTY FIRE PROTECTION
DISTRICT BOARD’S ADOPTION OF THE 2019 CALIFORNIA FIRE CODE WITH LOCAL AMENDMENTS FOR ENFORCEMENT WITHIN THE CITY OF GRAND TERRACE, DELEGATING ENFORCEMENT AUTHORITY OF THE FIRE CODE TO THE CHIEF OF THE SAN
BERNARDINO COUNTY FIRE PROTECTION DISTRICT, AND SETTING A PUBLIC HEARING PRIOR TO SECOND READING AND ADOPTION BY REFERENCE OF THE 2019 CALIFORNIA FIRE CODE WITH LOCAL AMENDMENTS
Direct the City Attorney to Read the Title of, Waive further reading of, and Introduce the ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING BY
REFERENCE THE 2019 CALIFORNIA FIRE CODE AS AMENDED BY SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT ORDINANCE NO. 20-01 AND REPEALING AND REPLACING GRAND TERRACE MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY TO
INCORPORATE THE NEW CODE AS AMENDED
2030 VISION STATEMENT:
This staff report supports Goal #2 Maintain Public Safety because the adoption of the
2019 California Fire Code, as amended for local conditions, allows County Fire to
implement its adopted Fire Code within the City’s jurisdiction.
BACKGROUND:
Every three (3) years, the State of California, through the State Fire Marshal, amends
and adopts the California Fire Code. The most recent amendments were completed
and publicized on July 1, 2019. Local jurisdictions must enforce the State Code.
I.10
Packet Pg. 329
Local counties, cities or fire districts may make local code amendments to the State
Fire Code. The San Bernardino County Fire Protection District ("District") is
responsible for enforcing the State Code within the City’s boundaries. The District has
developed local amendments approp riate to the area and has adopted the 2019 Fire
Code with local amendments pursuant to its Ordinance No. 20-01.
The City of Grand Terrace is within the service area of the District. Therefore, this item
requests that the Mayor and City Council ratify the District's adoption of the 2019
California Fire Code with local amendments for enforcement within the City’s
jurisdiction, and further requests that the Mayor and City Council introduce and direct
the City Attorney to conduct first reading, by title only, of an ordinance adopting by
reference the District’s Ordinance No. 20-01.
On February 11, 2020, this item was presented to the City Council. The Council had
questions regarding the County’s enforcement oversight over and above the State
Code. This item was continued allowing Staff to respond to Council questions pertaining
to how the newly adopted State County Fire Code might affect Grand Terrace’s ability to
protect our best interests.
DISCUSSION:
The State of California amends and adopts model codes every three (3) years, which
includes the International Fire Code as sanctioned by the International Code Council.
Adoption of the 2019 International Fire Code with State amendments is known as the
2019 California Fire Code.
Local fire jurisdictions are required to enforce the State codes, but local jurisdictions
may make amendments to the State Code, due to local climatic, geological and
topographical conditions. Local Fire Protection Districts have the authority under Fire
Protection District Law to adopt a fire code and amend State requirements to be more,
but not less, restrictive than the State Code.
The San Bernardino County Board of Supervisors acting as the Board of Directors for
the San Bernardino County Fire Protection District considered the 2019 Fire Code with
local amendments for final adoption on January 28, 2020 pursuant to its Ordinance No.
20-01 (“County Fire Code”). When the District adopts the 2019 Fire Code with local
amendments, the District is required to have their ordinance ratified by the City. Since
that meeting, Deputy Fire Marshal Panos provided acceptable reference for all
amendments with the intent to explain each amendment and answer such questions as:
• Where did this amendment come from? Did SBCFPD write it or was it modified from the original code language?
• Why was it written? What purpose does it serve?
• Does it make the SBCFPD ordinance more restrictive than the California Fire Code?
I.10
Packet Pg. 330
• Does it affect development/building industry, or is it just administrative in nature?
The areas of concern expressed by Council were limited to and resulted in non-
substantive changes to:
• Open Flames – Unchanged for backyard activity such as a fire pit or barbeque
• Composting – Unchanged for residential backyards as it relates to large scale
commercial activity and agricultural businesses
• Thresholds regulating “Assembly” – Unchanged as business activities are
regularly performed and verified through an annual inspection which has been
required of all businesses
• Wholesale adoption of the County Code did not occur - Only select areas were
identified with justified amendments based upon geographic constraints which
are common
• Unilateral right to enter - Emergency entry only occurs with strict unilateral
coordination with the City of Grand Terrace and San Bernardino County Sheriff
• Right to fine and the amounts – adopted by resolution – Consistent with State
Code
The proposed changes cited above creates uniformity and consistency throughout all of
San Bernardino County and its member cities within Fire Protection District 5 (FP5).
These non-substantive revisions protect our best interests and protect our personal
privacy.
With the ratification of the County Fire Code, existing Chapter 15.18 of the Grand
Terrace Municipal Code must be updated; and Staff has included an Ordinance
repealing and replacing Chapter 15.18 of the Grand Terrace Municipal Code. The effect
of this repeal and replacement is that the County Fire Code is adopted by reference and
further provides that the County Fire Code is ratified pursuant to resolution of the City
Council.
By the adopted resolution, the City Council will also set a public hearing for May 12,
2020 to hear input from the public prior to the proposed second reading and adoption of
the 2019 Fire Code with local amendments. Additionally, the City Council will be
identifying that the Chief of the Fire District, or his/her designee, is delegated authority
to enforce the Fire Code.
Staff will ensure any future directed changes by Council will be communicated to San
Bernardino Fire for their consideration at least 60 days prior to their final document
being adopted by their Board.
I.10
Packet Pg. 331
The action of ratifying and adopting by reference the County Fire Code does not
constitute a project as defined by California Environmental Quality Act Guidelines
Section 15378; therefore, no environmental review is required.
FISCAL IMPACT:
There is no fina ncial impact to the City of ratifying the District's Code adoption and
adopting a new Chapter 15.18 of the Grand Terrace Municipal Code.
ATTACHMENTS:
• CC Resolution_Ratifying County Fire Code (DOC)
• SBCFPD Fire Code Ordinance 20-01.signed (PDF)
• 2-11-2020 Ordinance_Chapter 15.18 (DOCX)
• SBCFPD Fire Code amendments (PDF)
• 2019 SBCFPD Fire Code sections 4-28-2020 (PDF)
APPROVALS:
Steven Weiss Completed 04/21/2020 3:27 PM
City Attorney Completed 04/21/2020 9:23 PM
Finance Completed 04/22/2020 11:46 AM
City Manager Completed 04/23/2020 3:16 PM
City Council Pending 04/28/2020 6:00 PM
I.10
Packet Pg. 332
Page 1 of 2
RESOLUTION NO. 2020-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, RATIFYING THE SAN BERNARDINO
COUNTY FIRE PROTECTION DISTRICT BOARD’S ADOPTION OF THE
2019 CALIFORNIA FIRE CODE WITH LOCAL AMENDMENTS FOR
ENFORCEMENT WITHIN THE CITY OF GRAND TERRACE,
DELEGATING ENFORCEMENT AUTHORITY OF THE FIRE CODE TO
THE CHIEF OF THE SAN BERNARDINO COUNTY FIRE PROTECTION
DISTRICT, AND SETTING A PUBLIC HEARING PRIOR TO SECOND
READING AND ADOPTION BY REFERENCE OF THE 2019
CALIFORNIA FIRE CODE WITH LOCAL AMENDMENTS
Recitals
WHEREAS, every three years, the State of California through the State Fire
Marshal amends and adopts the California Fire Code; and
WHEREAS, local jurisdictions must enforce the State Code; and
WHEREAS, fire districts may make local code amendments; and
WHEREAS, the San Bernardino County Fire Protection District has responsibility
for enforcement of the California Fire Code within the City of Grand Terrace; and
WHEREAS, the San Bernardino County Fire Protection District has developed
amendments suited to our local conditions; and
WHEREAS, the proposed amendments were transmitted to the City for review
and found to be acceptable; and
WHEREAS, the San Bernardino County Board of Supervisors acting as the Board
of Directors for the San Bernardino County Fire Protection District voted to adopt these
local amendments on January 28, 2020, pursuant to its Ordinance No. 20-01; and
WHEREAS, the action of ratifying the San Bernardino County Fire Protection
District adoption of the 2019 California Fire Code does not constitute a project as
defined by the California Environmental Quality Act Guidelines Section 15378,
therefore, no environmental review is required; and
WHEREAS, the City Council of the City of Grand Terrace conducted a duly
noticed public meeting at the Grand Terrace City Hall Council Chambers located 22795
Barton Road to consider adoption of this Resolution and adoption of Ordinance No. 20-
01 by reference; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
I.10.a
Packet Pg. 333
At
t
a
c
h
m
e
n
t
:
C
C
R
e
s
o
l
u
t
i
o
n
_
R
a
t
i
f
y
i
n
g
C
o
u
n
t
y
F
i
r
e
C
o
d
e
[
R
e
v
i
s
i
o
n
2
]
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
Page 2 of 2
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 facts set forth in the above
Recitals, are true and correct.
2. The Mayor and City Council of the City of Grand Terrace, California, do hereby
ratify the San Bernardino County Fire Protection District Board's
(“SBCFPD”) adoption of the 2019 California Fire Code with local
amendments, as provided in SBCFPD’s Ordinance No. 20-01 which is
incorporated herein by this reference, for enforcement within the City of Grand
Terrace.
3. In accordance with California Health and Safety Code Section 13869.7, the City
Council hereby delegates the enforcement of the ratified Fire Code to the Chief
of San Bernardino County Fire Protection District, or his/her designee.
4. A public hearing is set for May 12, 2020, at 6:00 p.m. at the Grand Terrace City
Hall Council Chambers located 22795 Barton Road to hear input from the public
prior to the City Council’s proposed second reading and adoption by reference of
the 2019 California Fire Code with local amendments approved by the SBCFPD.
PASSED AND ADOPTED by the City Council of the City of Grand Terrace,
California, at a regular meeting held on the 28th day of April 2020.
_________________________
Darcy McNaboe Mayor ATTEST:
__________________________ Debra L. Thomas City Clerk
APPROVED AS TO FORM: __________________________
Adrian R. Guerra
City Attorney
I.10.a
Packet Pg. 334
At
t
a
c
h
m
e
n
t
:
C
C
R
e
s
o
l
u
t
i
o
n
_
R
a
t
i
f
y
i
n
g
C
o
u
n
t
y
F
i
r
e
C
o
d
e
[
R
e
v
i
s
i
o
n
2
]
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 335
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 336
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 337
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 338
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 339
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 340
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 341
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 342
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 343
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 344
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 345
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 346
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 347
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 348
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 349
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 350
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 351
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 352
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 353
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 354
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 355
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 356
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 357
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 358
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 359
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 360
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 361
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 362
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 363
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 364
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 365
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 366
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 367
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 368
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 369
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 370
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 371
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 372
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 373
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 374
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 375
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 376
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 377
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 378
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 379
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 380
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 381
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 382
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 383
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 384
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 385
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 386
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 387
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 388
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 389
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 390
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 391
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 392
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 393
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 394
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 395
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 396
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 397
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 398
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 399
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 400
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 401
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 402
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 403
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 404
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 405
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 406
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 407
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 408
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 409
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 410
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 411
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 412
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 413
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 414
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 415
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 416
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 417
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 418
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 419
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 420
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 421
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 422
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
I.10.b
Packet Pg. 423
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
O
r
d
i
n
a
n
c
e
2
0
-
0
1
.
s
i
g
n
e
d
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
ORDINANCE NO. ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA, ADOPTING BY
REFERENCE THE 2019 CALIFORNIA FIRE CODE AS
AMENDED BY SAN BERNARDINO COUNTY FIRE
PROTECTION DISTRICT ORDINANCE NO. 20-01 AND
REPEALING AND REPLACING GRAND TERRACE
MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY TO
INCORPORATE THE NEW CODE AS AMENDED
WHEREAS, every three years, the State of California through the State Fire
Marshal amends and adopts the California Fire Code; and
WHEREAS, local jurisdictions must enforce the State Code; and
WHEREAS, fire districts may make local code amendments; and
WHEREAS, the San Bernardino County Fire Protection District has responsibility
for enforcement of the California Fire Code within the City of Grand Terrace; and
WHEREAS, the San Bernardino County Fire Protection District has developed
amendments suited to our local conditions; and
WHEREAS, the San Bernardino County Board of Supervisors acting as the Board
of Directors for the San Bernardino County Fire Protection District voted to adopt these
local amendments on January 28, 2020, pursuant to its Ordinance No. 20-01; and
WHEREAS, on April 28, 2020, the Grand Terrace City Council adopted
Resolution _______ ratifying the San Bernardino County Fire Protection District’s
adoption of the 2019 California Fire Code which are enforceable in the City of Grand
Terrace; and
WHEREAS, on May 12, 2020, the City Council of the City of Grand Terrace
conducted a duly noticed public hearing at the Grand Terrace City Hall Council
Chambers located 22795 Barton Road on this Ordinance and concluded the hearing
that date; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby finds that adoption by reference of the state
fire code with local amendments does not constitute a project as defined by the
I.10.c
Packet Pg. 424
At
t
a
c
h
m
e
n
t
:
2
-
1
1
-
2
0
2
0
O
r
d
i
n
a
n
c
e
_
C
h
a
p
t
e
r
1
5
.
1
8
[
R
e
v
i
s
i
o
n
1
]
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
Ordinance No. Page 2
California Environmental Quality Act Guidelines Section 15378, therefore, no
environmental review is required.
SECTION 2. The City Council finds that the above-stated recitals are true and
correct and are incorporated herein by this reference.
SECTION 3. The City Council hereby adopts by reference the 2019 California Fire
Code as amended by the San Bernardino County Fire Protection District Ordinance No.
20-01. A true and correct copy of the 2019 California Fire Code and Ordinance No. 20-01
are on file with the City Clerk and available for public review.
SECTION 4. Chapter 15.18 is repealed in its entirety and replaced with the
following:
“Chapter 15.18 CALIFORNIA FIRE CODE
Section 15.18.010 Adoption of the California Fire Code
The 2019 California Fire Code, with local amendments, as provided in San Bernardino
County Fire Protection District Ordinance No. 20-01, is hereby adopted by this
reference and concurrently ratified by Resolution of the City Council.”
SECTION 5. Penalty Provisions. All violations of Title 15 of the Grand Terrace
Municipal Code shall be punishable pursuant to Chapter 15.04 of Title 15 of the Grand
Terrace Municipal Code (“Chapter 15.04”) and as it may be amended from time to time.
The current text of Chapter 15.04 as of the effective date of this Ordinance is set forth in
full in Exhibit “A” of this Ordinance and is incorporated herein by this reference.
SECTION 6. Any provision of the 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 out to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision will 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, subsection,
sentence clause, phrases or portions be declared valid or unconstitutionally.
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.
I.10.c
Packet Pg. 425
At
t
a
c
h
m
e
n
t
:
2
-
1
1
-
2
0
2
0
O
r
d
i
n
a
n
c
e
_
C
h
a
p
t
e
r
1
5
.
1
8
[
R
e
v
i
s
i
o
n
1
]
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
Ordinance No. Page 3
APPROVED AND ADOPTED this 12th day of May 2020.
____________________ Darcy McNaboe Mayor
ATTEST:
_____________________
Debra L. Thomas City Clerk
APPROVED AS TO FORM:
_____________________ Adrian R. Guerra City Attorney
I.10.c
Packet Pg. 426
At
t
a
c
h
m
e
n
t
:
2
-
1
1
-
2
0
2
0
O
r
d
i
n
a
n
c
e
_
C
h
a
p
t
e
r
1
5
.
1
8
[
R
e
v
i
s
i
o
n
1
]
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
Ordinance No. Page 4
EXHIBIT A CHAPTER 15.04 OF TITLE 15 OF THE GRAND TERRACE MUNICIPAL CODE
I.10.c
Packet Pg. 427
At
t
a
c
h
m
e
n
t
:
2
-
1
1
-
2
0
2
0
O
r
d
i
n
a
n
c
e
_
C
h
a
p
t
e
r
1
5
.
1
8
[
R
e
v
i
s
i
o
n
1
]
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
Ordinance No. Page 5
Chapter 15.04 - GENERAL PROVISIONS FOR UNIFORM CODES 15.04.010 - Applicability. The requirements of this Chapter are general in nature and apply to all the provisions in
this Title.
15.04.020 - Substitution of references. Whenever in any of the codes adopted in this Title there appears a reference to the following names or terms, those names or terms shall be deemed and construed as
follows:
A. "Administrative Authority," "Building Official," "Electrical Safety Engineer" or any other similar terms which makes reference to the individual official, board, department or agency created by law to administer and enforce the provisions of the code adopted in this Title shall mean the "Director of Building and Safety and
his authorized assistants."
B. "City of" or any similar reference to a political entity means the incorporated territory of the City. 15.04.030 - Findings.
The City Council finds that these regulations and provisions and those of the codes
adopted in this Title are in compliance with Section 17922 of the Health and Safety Code of the State of California and that the modifications and changes herein made to the model codes adopted in this Chapter are necessary due to local conditions. A copy of the ordinance adopting this provision shall be forwarded to the Department of
Housing and Community Development of the State of California by the City Clerk, and
the copy will serve to satisfy the requirement of filing of findings as stated in Section 17958.7 of the Health and Safety Code of the State of California. 15.04.040 - Permit fees.
Any and all references to fees in any of the uniform codes adopted in this title are
deleted; such fees shall be set by resolution of the city council. 15.04.050 - Annual permits. A. Where any person, firm or corporation in the course of normal maintenance
procedures proposes to install, alter or repair any electrical wiring, devices,
appliances, plumbing, drainage systems, septic tanks, seepage pits, leaching lines, heating, ventilating, refrigeration or water conservation equipment in an existing facility located on property under the direct control of such person, firm or corporation and is able to, and does in fact, furnish inspection service which
meets the requirements and rules and regulations of this code, and whose
operations are under the continuous supervision of a professional engineer or engineers, duly registered with and licensed by the state of California, such person, firm or corporation shall not be required to obtain approval at each consecutive inspection step of the installation, alteration or repair but shall be
required only to obtain an annual permit or annual permits and assure that the
work in progress is accessible to the director of building and safety for such periodic inspections as he may deem necessary.
I.10.c
Packet Pg. 428
At
t
a
c
h
m
e
n
t
:
2
-
1
1
-
2
0
2
0
O
r
d
i
n
a
n
c
e
_
C
h
a
p
t
e
r
1
5
.
1
8
[
R
e
v
i
s
i
o
n
1
]
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
Ordinance No. Page 6
B. The fee for each separate annual permit (electrical, plumbing, mechanical) shall be based upon the number of employees doing work in the crafts covered in each annual permit in accordance with a resolution of the city council.
C. The designated responsible supervising engineer shall file with the building and
safety department a written report specifying the work done under the issued annual permit. Such written report shall be filed with the department of building and safety within thirty days following the end of the fiscal year for which the permit was issued.
15.04.060 - Enforcement—Appeals. It shall be the duty of the director of building and safety to enforce the provisions of the Uniform Building Code, National Electrical Code, Uniform Mechanical Code, Uniform Plumbing Code and Uniform Solar Energy Code, respectively, and to determine the
intent and meaning thereof. Any determination or decision, made by the director of
building and safety, which is in dispute, is subject to review and final decision by the city council or by a board of appeals as established by Section 204 of the Uniform Building Code, 1979 Edition.
15.04.070 - Soil report. A. Subdivision maps shall not be given a final approval until a preliminary soil report, prepared by a civil engineer, registered by the state of California, has
been filed with and approved by the director of building and safety.
B. The preliminary soil report shall indicate the presence, if any, of expansive soils or any other soil problem which, if not corrected, would lead to structural defects. If defective soil conditions are indicated, the preliminary report shall include recommendations for corrective measures intended to prevent structural damage
to buildings erected on the site. Acceptance and approval of these
recommendations shall not preclude the consideration and approval of alternate methods of correction which may be submitted by any other California-registered civil engineer when accompanying a permit application for construction of a specific building or buildings.
C. The preliminary soil report shall be based upon test borings or excavations. The
number of borings or excavations shall be adequate to determine fully the extent and degree of soil problems, if any, which exist in the proposed subdivision; provided, however, that not less than three such borings or excavations shall be required for each report. If critically defective soil conditions are disclosed by
initial borings or excavations, additional borings or excavations shall be made at
the probable building location on each lot or parcel within the subdivision. Appropriate notations shall be made upon the subdivision map so as to indicate the location and type of defective soil noted in the preliminary report. D. The director of building and safety shall approve the preliminary soil report:
1. If no defective soils are present on the site; or
2. If the corrective measures recommended in the report would be likely to prevent structural damage to any buildings constructed on the site.
I.10.c
Packet Pg. 429
At
t
a
c
h
m
e
n
t
:
2
-
1
1
-
2
0
2
0
O
r
d
i
n
a
n
c
e
_
C
h
a
p
t
e
r
1
5
.
1
8
[
R
e
v
i
s
i
o
n
1
]
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
Ordinance No. Page 7
E. The preliminary soil report may be waived when the sole purpose of the subdivision map is to assemble small lots or parcels into larger lots or parcels to define, adjust or correct property lines of existing subdivisions.
F. The issuance of a building permit for the construction of a building on a lot or
parcel of land which has been found to have defective soils shall be conditioned to the incorporation of an approved corrective measure intended to prevent structural damage to the building.
15.04.080 - Water conservation.
Water used as a coolant in any stationary equipment or machinery, or water utilized for heating or cooling in an industrial process, shall not be wasted but shall be recirculated and reused. Every evaporative cooler shall be equipped with a circulating pump.
15.04.090 - Deadline for on-site improvements.
On-site improvements required by the terms of Title 18 must be completed or a cash deposit submitted and approved prior to occupancy or prior to connection of utilities. 15.04.100 - Work started without permit.
Where work for which a permit is required by the codes adopted in this title is started or
proceeded with prior to obtaining the permit, the specified fees shall be doubled, but the payment of such penalty fee shall not relieve any persons from fully complying with the requirements of these codes in the execution of the work nor from any other penalties prescribed in this code; provided, however, that this provision shall not apply to
emergency work when it is proved to the satisfaction of the director of building and
safety that such work was urgently necessary and that it was not practical to obtain a permit therefor before commencement of the work. In all such cases a permit must be obtained as soon as it is practical to do so, and if there is an unreasonable delay in obtaining such permit, a double fee as provided in this section shall be charged. Any
section in any of the codes adopted in this title which is in conflict to this section is
repealed. 15.04.110 - Interpretation of minimum requirements. In interpreting and applying the provisions of this title, its provisions shall be held to be
the minimum requirements for the promotion of public health, safety and general
welfare. 15.04.120 - Nuisance abatement. Any building or structure erected or maintained, or any use of property contrary to the
provisions of this title is a public nuisance and the city attorney shall, upon order of the
director of building and safety, immediately commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such building, structure
or use, and restrain and enjoin any person from erecting or maintaining such building or
structure or using any property contrary to the provisions of this title. It shall be the right
I.10.c
Packet Pg. 430
At
t
a
c
h
m
e
n
t
:
2
-
1
1
-
2
0
2
0
O
r
d
i
n
a
n
c
e
_
C
h
a
p
t
e
r
1
5
.
1
8
[
R
e
v
i
s
i
o
n
1
]
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
Ordinance No. Page 8
and duty of every citizen to participate and assist the city officials in the enforcement of the provisions of this title.
15.04.130 - Remedies cumulative.
All remedies provided for in this title shall be cumulative and not exclusive. The conviction and punishment of any person under this title shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal
thereof.
15.04.140 - Notice of administrative action. A notice of pendency of administrative action or proceeding may be filed in the city clerk's office at the time of commencement of action or proceeding or at any time before
final judgment or order. The city clerk shall record
and index the pendency of action in the name of each person specified in the action or proceeding. After all required work has been completed and approved, the director of building and safety shall record in the office of the city clerk a document terminating the above notice.
15.04.150 - Action by City. In the event that any person, firm or corporation fails, neglects or refuses to demolish, remove, abate or correct a structure or condition existing in violation of this Title, upon his or its property, after a civil court order or criminal conviction obtained pursuant to this
Chapter the City Council may order the Director of Building and Safety to demolish,
remove, abate or correct the offending structure or condition. A statement of the cost of such work shall be transmitted to the City Council, which shall cause the same to be paid and levied as a special assessment against the property.
15.04.160 - Violation—Penalty.
Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this Title, or of any permit or exception granted under this Title, is guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in Chapter 1.16 of this Code. No
suspension of sentence or probation shall be granted to any such violator unless there
is included in the terms thereof that the violator shall comply with the provisions which he has been convicted of violating and shall abate or correct the illegal condition, alteration, enlargement, conversion, movement or maintenance of any building established, constructed, operated or maintained contrary to the provisions of this Code.
I.10.c
Packet Pg. 431
At
t
a
c
h
m
e
n
t
:
2
-
1
1
-
2
0
2
0
O
r
d
i
n
a
n
c
e
_
C
h
a
p
t
e
r
1
5
.
1
8
[
R
e
v
i
s
i
o
n
1
]
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
SUMMARY OF AMENDMENTS TO THE 2019 CALIFORNIA FIRE CODE
CFC Sec.2019 CFC requirement SBCFPD amendment Reason/Justification
105.6 Operational permits Added various operational permits In order to address certain hazards present locally within the Fire District
202 Definitions Added various definitions In order to clarify different sections and amendments
308 Open burning conditions
and restrictions
clarified types of open fires and restrictions for each,
relocated into § 26 of the ordinance
To better define local permitting process and to comply with AQMD and SRA
requirements
503 Fire department access
roads
added various requirements for fire department access
roads
In order to specify fire access roads and the widths, surfaces, and restrictions on barriers
thereto to accommodate fire apparatus used by the Fire District
505 Premise identification added requirements for building addressing In order to specify addressing per local emergency response needs
507 Water supply for fire
protection
added and clarified requirments for fire department water
supply and fire hydrants
In order to better provide for local fire protection water supply needs
903 Fire sprinkler requirements added requirement for fire sprinkler system for buildings
5,000 square feet or greater
To provide fire protecting in buildings for purposes of life safety and property protection
and to supplement fire access and water supplies locally
2810 Pallet yard requirements clarified requirements for pallet yards at pallet
manufacturing storage and recycling facilities
For clarification of vague language and to coincide with local requirements for pallet
yards
Appendix B Fire Flow for buildings Allows for reduction of 50% of required fire flow when the
building is protected with fire sprinklers
To limit reduction in fire flow for buidlings in order to provide adequate water supply for
firefighting purposes
11/14/19
I.10.d
Packet Pg. 432
At
t
a
c
h
m
e
n
t
:
S
B
C
F
P
D
F
i
r
e
C
o
d
e
a
m
e
n
d
m
e
n
t
s
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
C
o
d
e
)
No.TITLE DESCRIPTION ADD MOD ADM BLD IFC CFC SBC N/S SUB RES
1
Findings, Adoption, and
Applicability.
Findings of geographical,
topographical, and climatic
conditions
✓✓✓
2 Amendments to the 2019
California Fire Code.
States intent to amend Fire Code ✓✓✓
3 (2)105.6.3A Battery and other energy storage
systems
Annual permit required for
battery systems ✓✓✓✓✓
4
(2)105.6.9 Covered and open mall buildings Annual permit required for
covered and open mall buildings ✓✓✓✓
5 (2)105.6.12 Dry cleaning Annual permit required for dry
cleaning ✓✓✓✓
6
(2)105.6.15A Fixed hood and duct
extinguishing systems
Annual permit required for fixed
hood and duct extinguishing
systems
✓✓✓✓✓
7 (2)105.6.27 LP-gas Annual permit required for LP-gas ✓✓✓✓
8 (2)105.6.28 Magnesium Annual permit required for
magnesium ✓✓✓✓
9
(2)105.6.29 Miscellaneous combustible
storage
Annual permit required for
miscellaneous combustible
storage
✓✓✓✓
10
(2)105.6.31 Motor fuel-dispensing facilities Annual permit required for motor
fuel-dispensing facilities ✓✓✓✓
11 (2)105.6.32 Open fires Permit required for open fires ✓✓✓✓
12 (2)105.6.33 Open flames and torches Annual permit required for open
flames and torches ✓✓✓✓
CHANGES
AMENDMENTSORDINANCE IMPACTORIGIN
2
1
TYPE
SECTION
I.10.e
Packet Pg. 433
At
t
a
c
h
m
e
n
t
:
2
0
1
9
S
B
C
F
P
D
F
i
r
e
C
o
d
e
s
e
c
t
i
o
n
s
4
-
2
8
-
2
0
2
0
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
No.TITLE DESCRIPTION ADD MOD ADM BLD IFC CFC SBC N/S SUB RES
CHANGES
AMENDMENTSORDINANCE IMPACTORIGIN
1
TYPE
SECTION
13 (2)105.6.34.Open flames in assemblies Annual permit required for open
flames in assemblies ✓✓✓✓
14 (2)105.6.35 Organic coatings Annual permit required for
organic coatings ✓✓✓✓
15 (2)105.6.36 Outdoor assemblies Annual permit required for
outdoor assemblies ✓✓✓✓✓
16 (2)105.6.36A Pallet Yards Annual permit required for pallet
yards ✓✓✓✓
17 (2)105.6.37 Places of assembly Annual permit required for places
of assembly ✓✓✓✓
18 (2)105.6.41 Pyroxylin plastics Annual permit required for
pyroxylin plastics ✓✓✓✓
19 (2)105.6.42 Refrigeration equipment Annual permit required for
refrigeration equipment ✓✓✓✓
20 (2)105.6.43 Repair garages Annual permit required for repair
garages ✓✓✓✓
21 (2)105.6.44 Rooftop heliports Annual permit required for
rooftop heliports ✓✓✓✓
22 (2)105.6.45 Spraying or dipping Annual permit required for
spraying or dipping ✓✓✓✓
23
(2)105.6.46 Storage of scrap tires and tire
byproducts
Annual permit required for
storage of scrap tires and tire
byproducts
✓✓✓✓
24 (2)105.6.48 Tire-rebuilding plants Annual permit required for tire-
rebuilding plants ✓✓✓✓
25
(2)105.6.49 Waste handling and wrecking
yards
Annual permit required for waste
handling and wrecking yards ✓✓✓✓
I.10.e
Packet Pg. 434
At
t
a
c
h
m
e
n
t
:
2
0
1
9
S
B
C
F
P
D
F
i
r
e
C
o
d
e
s
e
c
t
i
o
n
s
4
-
2
8
-
2
0
2
0
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
No.TITLE DESCRIPTION ADD MOD ADM BLD IFC CFC SBC N/S SUB RES
CHANGES
AMENDMENTSORDINANCE IMPACTORIGIN
1
TYPE
SECTION
26
(2)105.6.50 Wood, manure and organic
product storage
Annual permit required for wood,
manure and organic product
storage
✓✓✓✓
27
(2)105.7.5A Dust Collection Systems Permit required to install or
repair dust collection systems ✓✓✓✓✓
28 (2)105.7.19A Refrigeration Systems Permit required to install
refrigeration systems ✓✓✓✓✓
29 (2)202 Definitions Definitions added or modified ✓✓
30 (2)202 AGRICULTURAL BURNING Defines type of open burning ✓✓✓✓
31 (2)202 ALL WEATHER DRIVING SURFACE Defines fire code term ✓✓✓✓
32 (2)202 BARBECUE GRILL Defines type of outdoor fire ✓✓✓✓
33 (2)202 BARBECUE PIT Defines type of open burning ✓✓✓✓
34 (2)202 BONFIRE Defines type of open burning ✓✓✓✓
35 (2)202 DEPARTMENT Defines term used in ordinance ✓✓✓✓
36 (2)202 DISTRICT Defines term used in ordinance ✓✓✓✓
37 (2)202 DRIVEWAY Defines term used in ordinance ✓✓✓✓
38 (2)202 FIRE CHIEF/FIRE WARDEN Defines term used in ordinance ✓✓✓✓
39 (2)202 FIRE CODE OFFICIAL Defines term used in ordinance ✓✓✓✓
40 (2)202 OPEN BURNING Defines open burning ✓✓✓✓
41 (2)202 OPEN FIRE Defines new term used in
ordinance ✓✓✓✓
I.10.e
Packet Pg. 435
At
t
a
c
h
m
e
n
t
:
2
0
1
9
S
B
C
F
P
D
F
i
r
e
C
o
d
e
s
e
c
t
i
o
n
s
4
-
2
8
-
2
0
2
0
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
No.TITLE DESCRIPTION ADD MOD ADM BLD IFC CFC SBC N/S SUB RES
CHANGES
AMENDMENTSORDINANCE IMPACTORIGIN
1
TYPE
SECTION
42 (2)202 PERSON Defines term used in ordinance ✓✓✓✓
43 (2)202 PORTABLE OUTDOOR FIREPLACE Defines type of outdoor fire ✓✓✓✓
44 (2)202 RECREATIONAL FIRE Defines type of open burning ✓✓✓✓
45 (2)202 RESIDENTIAL BURNING Defines type of open burning ✓✓✓✓
46
(2)202 SELF-CONTAINED RESIDENTIAL
AUTOMATIC SPRINKLER SYSTEM
Defines term used in ordinance
✓✓✓✓
47 (2)202 WILDFIRE RISK AREA Defines term used in ordinance ✓✓✓✓
48 (2)305.3 Open-flame warning devices Requirements for open-flame
warning devices ✓✓✓✓
49 (2)305.6 Spark arrestors Spark arrestors required ✓✓✓✓
50 (2)308.1 General Open flames requirements ✓✓✓✓
51 (2)308.1.3 Use of torches Requirements for use of open
flame torches ✓✓✓✓
52 (2)308.1.4 Open-Flame Cooking Devices Requirements for open-flame
cooking devices ✓✓✓✓
53 (2)308.1.6 Open-flame devices Requirements for other open-
flame devices ✓✓✓✓
54 (2)308.1.6.1 Signals and markers Requirements for warning signals
and markers ✓✓✓✓
55 (2)308.1.6.3 Sky lanterns Prohibited Untethered sky lanterns
prohibited ✓✓✓✓
56 (2)308.2 Permits required Permits required for open flames
and torches ✓✓✓✓
57 (2)309.1 General Powered industrial trucks ✓✓✓✓
I.10.e
Packet Pg. 436
At
t
a
c
h
m
e
n
t
:
2
0
1
9
S
B
C
F
P
D
F
i
r
e
C
o
d
e
s
e
c
t
i
o
n
s
4
-
2
8
-
2
0
2
0
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
No.TITLE DESCRIPTION ADD MOD ADM BLD IFC CFC SBC N/S SUB RES
CHANGES
AMENDMENTSORDINANCE IMPACTORIGIN
1
TYPE
SECTION
58
(2)309.2 Use in hazardous (classified)
locations
Requirements for industrial
trucks use in hazardous
(classified) locations
✓✓✓✓
59 (2)309.3 Battery chargers Requirements for industrial
trucks battery chargers ✓✓✓✓
60 (2)309.4 Ventilation Requirements for industrial
trucks ventilation ✓✓✓✓
61 (2)309.5 Fire extinguishers Requirements for industrial
trucks fire extinguishers ✓✓✓✓
62 (2)309.6 Refueling Requirements for industrial
trucks refueling ✓✓✓✓
63 (2)309.7 Repairs Requirements for industrial
trucks repairs ✓✓✓✓
64 (2)311.1 General Requirements for abandoned
premises ✓✓✓✓
65 (2)311.1.1 Abandoned premises Requirements for abandoned
premises ✓✓✓✓
66
(2)311.1.2 Tenant spaces Requirements for tenant spaces
for abandoned premises ✓✓✓✓
67 (2)311.2 Safeguarding vacant premises Requirements for safeguarding
vacant premises ✓✓✓✓
68 (2)311.2.1 Security Requirements for security for
abandoned premises ✓✓✓✓
69
(2)311.2.2 Fire protection Requirements for fire protection
for abandoned premises ✓✓✓✓
70
(2)311.2.3 Fire separation Requirements for fire separation
for abandoned premises ✓✓✓✓
I.10.e
Packet Pg. 437
At
t
a
c
h
m
e
n
t
:
2
0
1
9
S
B
C
F
P
D
F
i
r
e
C
o
d
e
s
e
c
t
i
o
n
s
4
-
2
8
-
2
0
2
0
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
No.TITLE DESCRIPTION ADD MOD ADM BLD IFC CFC SBC N/S SUB RES
CHANGES
AMENDMENTSORDINANCE IMPACTORIGIN
1
TYPE
SECTION
71 (2)311.3 Removal of combustibles Requirements for removal of
combustibles ✓✓✓✓
72
(2)311.4 Removal of hazardous materials Requirements for removal of
hazardous materials for
abandoned premises
✓✓✓✓
73 (2)315.7 Outdoor pallet storage Requirements for outdoor pallet
storage ✓✓✓✓
74
(2)315.7.1 Storage beneath overhead
projections from buildings
Requirements for outdoor pallet
storage beneath overhead
projections from buildings ✓✓✓✓
75
(2)315.7.2 Distance to the lot line Requirements for outdoor pallet
storage distance to the lot line ✓✓✓✓
76 (2)315.7.3 Storage Height Requirements for outdoor pallet
storage height ✓✓✓✓✓
77
(2)315.7.4 Pallet pile stability and size Requirements for outdoor pallet
storage pile stability and size ✓✓✓✓
78 (2)315.7.5 Pallet types Requirements for outdoor pallet
storage pallet types ✓✓✓✓
79
(2)315.7.6 Pile separation distances Requirements for outdoor pallet
storage pile separation distances ✓✓✓✓
80
(2)315.7.6.1 Building separation Requirements for outdoor pallet
storage building separation ✓✓✓✓
I.10.e
Packet Pg. 438
At
t
a
c
h
m
e
n
t
:
2
0
1
9
S
B
C
F
P
D
F
i
r
e
C
o
d
e
s
e
c
t
i
o
n
s
4
-
2
8
-
2
0
2
0
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
No.TITLE DESCRIPTION ADD MOD ADM BLD IFC CFC SBC N/S SUB RES
CHANGES
AMENDMENTSORDINANCE IMPACTORIGIN
1
TYPE
SECTION
81
(2)315.7.6.2 Separation from other pallets and
on-site storage
Requirements for outdoor pallet
storage separation from other
pallets and on-site storage ✓✓✓✓
82
(2)315.7.7 Prohibited locations Requirements for outdoor pallet
storage prohibited locations ✓✓✓✓
83 (2)315.8 Outside storage of firewood Requirements for outside storage
of firewood ✓✓✓✓
84 (2)315.9 Storage of motor vehicles and
trailers
Requirements for storage of
motor vehicles and trailers ✓✓✓✓
85 (2)316.7 Electrified fences Requirements for electrified
fences ✓✓✓✓
86
(2)403.12 Special requirements for public
safety
Special requirements for public
safety for large gatherings and
events
✓✓✓✓
87 (2)403.12.1 Fire watch personnel Requirements for fire watch
personnel ✓✓✓✓
88 (2)403.12.1.1 Duty times Requirements for fire watch
personnel duty times ✓✓✓✓
89 (2)403.12.1.2 Duties Requirements for duties ✓✓✓✓
90
(2)403.12.2 Public safety plan for gatherings Requirements for public safety
plan for fire watch at gatherings ✓✓✓✓
91 (2)403.12.3 Crowd managers Requirements for crowd
managers ✓✓✓✓
92 (2)403.12.3.1 Number of crowd managers Requirements for number of
crowd managers ✓✓✓✓
93 (2)403.12.3.2 Training Requirements for training of
crowd managers ✓✓✓✓
I.10.e
Packet Pg. 439
At
t
a
c
h
m
e
n
t
:
2
0
1
9
S
B
C
F
P
D
F
i
r
e
C
o
d
e
s
e
c
t
i
o
n
s
4
-
2
8
-
2
0
2
0
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
No.TITLE DESCRIPTION ADD MOD ADM BLD IFC CFC SBC N/S SUB RES
CHANGES
AMENDMENTSORDINANCE IMPACTORIGIN
1
TYPE
SECTION
94 (2)403.12.3.3 Duties Requirements for duties of crowd
managers ✓✓✓✓
95 (2)503.1 Where required Where fire apparatus access
roads required ✓✓✓✓
96
(2)503.1.1 Buildings and facilities Requirements for fire apparatus
access roads for buildings and
facilities
✓✓✓✓
97
(2)503.1.2 Additional access Requirements for fire apparatus
access for additional access ✓✓✓✓
98
(2)503.1.3 High Piled Storage Requirements for fire apparatus
access for high piled storage ✓✓✓✓
99
(2)503.2 Specifications Requirements for specifications
of fire apparatus access roads ✓✓✓✓
100
(2)503.2.1 Dimensions Requirements for dimensions of
fire apparatus access roads ✓✓✓✓
101
(2)503.2.2 Authority Requirements for authority for
fire apparatus access roads ✓✓✓✓
102 (2)503.2.3 Surface Requirements for surface of fire
apparatus access roads ✓✓✓✓
103
(2)503.2.4 Turning Radius Requirements for turning radius
of fire apparatus access roads ✓✓✓✓
104 (2)503.2.5 Dead Ends Requirements for dead ends of
fire apparatus access roads ✓✓✓✓
I.10.e
Packet Pg. 440
At
t
a
c
h
m
e
n
t
:
2
0
1
9
S
B
C
F
P
D
F
i
r
e
C
o
d
e
s
e
c
t
i
o
n
s
4
-
2
8
-
2
0
2
0
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
No.TITLE DESCRIPTION ADD MOD ADM BLD IFC CFC SBC N/S SUB RES
CHANGES
AMENDMENTSORDINANCE IMPACTORIGIN
1
TYPE
SECTION
105
(2)503.2.6 Bridges and elevated surfaces Requirements for bridges and
elevated surfaces of fire
apparatus access roads
✓✓✓✓
106 (2)503.2.7 Grade Requirements for grade of fire
apparatus access roads ✓✓✓✓
107
(2)503.2.8 Angles of approach and
departure
Requirements for angles of
approach and departure of fire
apparatus access roads
✓✓✓✓
108 (2)503.3 Marking Requirements for marking of fire
apparatus access roads ✓✓✓✓
109 (2)503.4 Obstruction of fire apparatus
access roads
Requirements for obstruction of
fire apparatus access roads ✓✓✓✓
110
(2)503.4.1 Traffic calming devices Requirements for traffic calming
devices in fire apparatus access
roads
✓✓✓✓
111
(2)503.5 Required gates or barricades Requirements for required gates
or barricades on fire apparatus
access roads
✓✓✓✓
112
(2)503.5.1 Secured gates and barricades Requirements for secured gates
and barricades on fire apparatus
access roads
✓✓✓✓
113
(2)503.6 Security gates Requirements for security gates
on fire apparatus access roads ✓✓✓✓
114 (2)504.4.1 Foam cornices Requirements for foam cornices
on buildings ✓✓✓✓
115 (2)505.1 Address identification Requirements for address
identification on buildings ✓✓✓✓
I.10.e
Packet Pg. 441
At
t
a
c
h
m
e
n
t
:
2
0
1
9
S
B
C
F
P
D
F
i
r
e
C
o
d
e
s
e
c
t
i
o
n
s
4
-
2
8
-
2
0
2
0
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
No.TITLE DESCRIPTION ADD MOD ADM BLD IFC CFC SBC N/S SUB RES
CHANGES
AMENDMENTSORDINANCE IMPACTORIGIN
1
TYPE
SECTION
116
(2)505.1.1 One and two family dwelling
units
Requirements for addressing one
and two family dwelling units ✓✓✓✓
117
(2)505.1.2 Buildings less than 100,000
square feet, other than one- and
two-family dwelling units
Requirements for addressing
buildings less than 100,000
square feet, other than one- and
two-family dwelling units
✓✓✓✓✓
118
(2)505.1.3 Buildings 100,000 square feet or
larger, other than one- and two-
family dwelling units
Requirements for addressing
buildings 100,000 square feet or
larger, other than one- and two-
family dwelling units
✓✓✓✓✓
119 (2)505.1.4 Illuminated directory Requirements for illuminated
directory ✓✓✓✓✓
120 (2)505.1.5 Individual units Requirements for addressing
individual units ✓✓✓✓✓
121 (2)505.1.6 Rear addressing Requirements for rear addressing ✓✓✓✓✓
122 (2)505.2 Street or road name signs Requirements for street or road
name signs ✓✓✓✓
123 (2)506.1 Where required Requirements for key boxes
where required ✓✓✓✓
124 (2)506.1.1 Locks Requirements for FD keyed locks ✓✓✓✓
125 (2)506.2 Key box maintenance Requirements for key box
maintenance ✓✓✓✓
126
(2)507.1 Required water supply Requirements for required water
supply for buildings and facilities ✓✓✓✓
I.10.e
Packet Pg. 442
At
t
a
c
h
m
e
n
t
:
2
0
1
9
S
B
C
F
P
D
F
i
r
e
C
o
d
e
s
e
c
t
i
o
n
s
4
-
2
8
-
2
0
2
0
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
No.TITLE DESCRIPTION ADD MOD ADM BLD IFC CFC SBC N/S SUB RES
CHANGES
AMENDMENTSORDINANCE IMPACTORIGIN
1
TYPE
SECTION
127
(2)507.2.3 Temporary water supply Requirements for temporary
water supply buildings and
facilities
✓✓✓
128 (2)507.3 Fire Flow Requirements for fire flow for
buildings and facilities ✓✓✓✓
129 (2)507.5 Fire hydrant systems Requirements for fire hydrant
systems ✓✓✓✓
130 (2)507.5.1 Where required Requirements for fire hydrants
where required ✓✓✓✓✓
131
(2)507.5.1.2 Water supply connections Requirements for water supply
connections for fire hydrants ✓✓✓✓✓
132 (2)508.2 Fire Control Room Requirements for fire control
rooms on large buildings ✓✓✓✓✓
133
(2)509.3 Access to equipment in multi-unit
buildings
Requirements for access to
equipment in multi-unit buildings ✓✓✓✓✓
134
(2)901.8.3 Theft deterrents Requirements for theft
deterrents for fire protection
equipment
✓✓✓✓✓
135
(2)903.2 Where required Requirements for fire sprinkler
systems where required ✓✓✓✓✓
136
(2)910.2.2 High-piled combustible storage Requirements for smoke exhaust
systems high-piled combustible
storage
✓✓✓✓✓
137
(2)2810.1 General General requirements for
outdoor pallet storage at pallet
manufacturing and recycling
facilities
✓✓✓✓
I.10.e
Packet Pg. 443
At
t
a
c
h
m
e
n
t
:
2
0
1
9
S
B
C
F
P
D
F
i
r
e
C
o
d
e
s
e
c
t
i
o
n
s
4
-
2
8
-
2
0
2
0
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
No.TITLE DESCRIPTION ADD MOD ADM BLD IFC CFC SBC N/S SUB RES
CHANGES
AMENDMENTSORDINANCE IMPACTORIGIN
1
TYPE
SECTION
138
(2)2810.2 Site plan Requirements for site plan at
outdoor pallet storage at pallet
manufacturing and recycling
facilities
✓✓✓✓
139
(2)2810.3 Fire prevention plan Requirements for fire prevention
plan for outdoor pallet storage at
pallet manufacturing and
recycling facilities
✓✓✓✓
140
(2)2810.4 Fire safety emergency evacuation
plan
Requirements for fire safety
emergency evacuation plan for
outdoor pallet storage at pallet
manufacturing and recycling
facilities
✓✓✓✓
141
(2)2810.5 Security management plan Requirements for security
management plan for outdoor
pallet storage at pallet
manufacturing and recycling
facilities
✓✓✓✓
142
(2)2810.6 Clearance to property line Requirements for clearance to
property line for outdoor pallet
storage at pallet manufacturing
and recycling facilities
✓✓✓✓✓
143
(2)2810.7 Clearance to buildings and
storage
Requirements for clearance to
buildings and storage for outdoor
pallet storage at pallet
manufacturing and recycling
facilities
✓✓✓✓✓
I.10.e
Packet Pg. 444
At
t
a
c
h
m
e
n
t
:
2
0
1
9
S
B
C
F
P
D
F
i
r
e
C
o
d
e
s
e
c
t
i
o
n
s
4
-
2
8
-
2
0
2
0
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
No.TITLE DESCRIPTION ADD MOD ADM BLD IFC CFC SBC N/S SUB RES
CHANGES
AMENDMENTSORDINANCE IMPACTORIGIN
1
TYPE
SECTION
144
(2)2810.8 Size and Height Requirements for size and height
for outdoor pallet storage at
pallet manufacturing and
recycling facilities
✓✓✓✓✓
145
(2)2810.9 Fire hydrant spacing and flow Requirements for fire hydrant
spacing and flow at outdoor
pallet storage at pallet
manufacturing and recycling
facilities
✓✓✓✓
146
(2)2810.10 Portable fire extinguishers Requirements for portable fire
extinguishers outdoor pallet
storage at pallet manufacturing
and recycling facilities
✓✓✓✓
147
(2)2810.11 Alternative approach Requirements for alternative
approach for outdoor pallet
storage at pallet manufacturing
and recycling facilities
✓✓✓✓
148
(2)Table
B105.2
REQUIRED FIRE-FLOW FOR
BUILDINGS OTHER THAN ONE-
AND TWO-FAMILY DWELLINGS,
GROUP R-3 AND R-4 BUILDINGS
AND TOWNHOUSES
Table with required fire-flow for
buildings other than one- and two-
family dwellings, group r-3 and r-
4 buildings and townhouses ✓✓✓✓✓
149 (2)C102.1 Minimum number of fire
hydrants for a building
Minimum number of fire
hydrants for a building ✓✓✓✓
150 (2)C103.2 Average Spacing Average spacing of fire hydrants ✓✓✓✓
I.10.e
Packet Pg. 445
At
t
a
c
h
m
e
n
t
:
2
0
1
9
S
B
C
F
P
D
F
i
r
e
C
o
d
e
s
e
c
t
i
o
n
s
4
-
2
8
-
2
0
2
0
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
No.TITLE DESCRIPTION ADD MOD ADM BLD IFC CFC SBC N/S SUB RES
CHANGES
AMENDMENTSORDINANCE IMPACTORIGIN
1
TYPE
SECTION
151 (2)C103.3 Maximum Spacing maximum spacing of fire hydrants ✓✓✓✓
152 Reserved.N/A ✓
153 Referenced Standards.Referenced standards used in the
ordinance ✓✓✓✓✓
154 Conflicting Provisions.Explains conflicting provisions in
the ordinance ✓✓✓✓✓
155 Validity and Severability.Validity and severability of the
ordinance ✓✓✓✓
156 No Liability or Warranty.No liability or warranty for the
ordinance ✓✓✓✓
157 Authority - General.General authority of the fire code
official ✓✓✓✓
158
Authority at Fires and Other
Emergencies.
Authority of the fire code official
at fires and other emergencies.✓✓✓✓
159
Authority to Inspect, Issue
Notices and Administrative
Citations or Abate a Hazardous
Condition.
Authority of the fire code official
to inspect, issue notices and
administrative citations or abate
a hazardous condition.
✓✓✓✓
160
Closure of Public and Private
Lands.
Authority of the fire code official
for closure of public and private
lands.
✓✓✓✓
161 Interference Unlawful. Interference of the fire code
official unlawful. ✓✓✓✓
162 Official Records.Official records kept by the fire
code official ✓✓✓✓13
12
11
10
9
8
7
6
5
4
3
I.10.e
Packet Pg. 446
At
t
a
c
h
m
e
n
t
:
2
0
1
9
S
B
C
F
P
D
F
i
r
e
C
o
d
e
s
e
c
t
i
o
n
s
4
-
2
8
-
2
0
2
0
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
No.TITLE DESCRIPTION ADD MOD ADM BLD IFC CFC SBC N/S SUB RES
CHANGES
AMENDMENTSORDINANCE IMPACTORIGIN
1
TYPE
SECTION
163
Permits Required.Permits required for activities
listed in the ordinance ✓✓✓✓
164 Fees.Fees for services provided ✓✓✓✓
165
Applications and Permits –
Abandonment, Period of Validity,
Expiration and Extensions.
Conditions and terms for permit
applications and permits ✓✓✓✓
166 Permits not Transferable.Permits required by the
ordinance not transferable.✓✓✓✓
167 Permit Revocation.Revocation of permits issued
under the ordinance ✓✓✓✓
168
Operation or Construction
Without a Permit or With an
Expired or Revoked Permit.
Actions for operation or
construction without a valid
permit
✓✓✓✓
169 Issuance of Stop Work Orders.Issuance of stop work orders for
violations ✓✓✓✓
170
Failure to Comply with a Stop
Work Order.
Procedures and penalties for
failure to comply with a stop
work order.
✓✓✓✓
171 Service of Notices and Orders.Procedures for service of notices
and orders.✓✓✓✓
172
Tampering with Notices, Orders
or Seals Unlawful.
Procedures and penalties for
tampering with notices, orders or
seals.
✓✓✓✓
173 Overcrowding Unlawful.Procedures and penalties for
overcrowding ✓✓✓✓
174 Obstructed Egress Unlawful.Procedures and penalties for
obstructed egress.✓✓✓✓25
24
23
22
21
20
19
18
17
16
15
14
I.10.e
Packet Pg. 447
At
t
a
c
h
m
e
n
t
:
2
0
1
9
S
B
C
F
P
D
F
i
r
e
C
o
d
e
s
e
c
t
i
o
n
s
4
-
2
8
-
2
0
2
0
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
No.TITLE DESCRIPTION ADD MOD ADM BLD IFC CFC SBC N/S SUB RES
CHANGES
AMENDMENTSORDINANCE IMPACTORIGIN
1
TYPE
SECTION
175 Open Fires and Other Outdoor
Fires.
Open fires and other outdoor
fires.✓✓✓✓
176
Explosives, Fireworks,
Pyrotechnics, Rockets and Rocket
Motors.
Requirements for explosives,
fireworks, pyrotechnics, rockets
and rocket motors.
✓✓✓✓✓
177
Prohibited Storage of Flammable
and Combustible Liquids.
Conditions for prohibiting storage
of flammable and combustible
liquids.
✓✓✓✓
178
Prohibited Bulk Storage of
Liquefied Petroleum Gases.
Conditions for prohibiting bulk
storage of liquefied petroleum
gases.
✓✓✓✓
179
Prohibited Storage of Flammable
Cryogenic Fluids.
Conditions for prohibiting storage
of flammable cryogenic fluids.✓✓✓✓
180
Transport Vehicles and Trailers
Storing Hazardous Materials.
Requirement for transport
vehicles and trailers storing
hazardous materials.
✓✓✓✓
181
Shared Emergency and Fire
Apparatus Access Roads.
Requirements for shared
emergency and fire apparatus
access roads.
✓✓✓✓
182 Violations - General.General procedures for violations ✓✓✓✓
183 Continuing Violations.Procedures and penalties for
continuing violations.✓✓✓✓
184
Acts Including Causing, Aiding and
Abetting.
Procedures and penalties for acts
including causing, aiding and
abetting.
✓✓✓✓
185 Enforcement – Purpose and
Remedies.
Purpose and remedies for
enforcement ✓✓✓✓36
35
34
33
32
31
30
29
28
27
26
I.10.e
Packet Pg. 448
At
t
a
c
h
m
e
n
t
:
2
0
1
9
S
B
C
F
P
D
F
i
r
e
C
o
d
e
s
e
c
t
i
o
n
s
4
-
2
8
-
2
0
2
0
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
No.TITLE DESCRIPTION ADD MOD ADM BLD IFC CFC SBC N/S SUB RES
CHANGES
AMENDMENTSORDINANCE IMPACTORIGIN
1
TYPE
SECTION
186
Enforcement Remedies and
Penalties are Cumulative and
Discretionary; Not Exclusive.
Explanation of enforcement
remedies and process ✓✓✓✓
187
Criminal Actions.Definition and procedures of
different criminal actions and
enforcement
✓✓✓✓
188
Authority to Investigate, Detain,
Issue Criminal Citations and
Arrest.
Authority for fire investigators
✓✓✓✓
189 Civil Actions.Civil procedures, injunctions,
attorney fees ✓✓✓✓
190 Administrative Citations and
Penalties - General.
Administrative citation authority
procedures and ✓✓✓✓
191
Administrative Citations and
Penalties – Dangerous Fireworks
and Unlawful Use of Safe & Sane
Fireworks.
Administrative citations and
penalties for fireworks violations ✓✓✓✓
192 Administrative Penalties –
Egregious Violations.
Administrative penalties for
egregious violations.✓✓✓✓
193
Administrative Remedies and
Penalties For Nuisance Fire
Alarms.
Administrative penalties for
nuisance fire alarms.✓✓✓✓
194 Appeal of Administrative
Citations.
Administrative appeal process ✓✓✓✓
195 Recording of a Notice of
Pendency.
Procedures for recording of a
notice of pendency.✓✓✓✓
196 Filing Notice of Action.Procedures for filing notice of
action.✓✓✓✓
197 Public Nuisance Abatement of
Fire Hazards.
Authority to abate a public
nuisance or fire hazard.✓✓✓✓✓
41
40
39
38
37
46
45
44
43
42
48
47
I.10.e
Packet Pg. 449
At
t
a
c
h
m
e
n
t
:
2
0
1
9
S
B
C
F
P
D
F
i
r
e
C
o
d
e
s
e
c
t
i
o
n
s
4
-
2
8
-
2
0
2
0
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
No.TITLE DESCRIPTION ADD MOD ADM BLD IFC CFC SBC N/S SUB RES
CHANGES
AMENDMENTSORDINANCE IMPACTORIGIN
1
TYPE
SECTION
198
Board of Appeals – Code
Application and Interpretations.
Procedures for board of appeals
pertaining to fire code
requirements
✓✓✓✓✓
199 Cost Recovery.Authority and procedures for cost
recovery.✓✓✓✓
200 Treble Damages.Treble damages for subsequent
violations.✓✓✓✓
ADD Added section
MOD Modified section
ADM Administrative amendment
BLD Building standard amendment
IFC 2018 International Fire Code
CFC 2019 California Fire Code
SBC SBCFPD authored
N/S Non-Substantive amendment
SUB Substantive amendment
RES More restrictive
51
50
49
I.10.e
Packet Pg. 450
At
t
a
c
h
m
e
n
t
:
2
0
1
9
S
B
C
F
P
D
F
i
r
e
C
o
d
e
s
e
c
t
i
o
n
s
4
-
2
8
-
2
0
2
0
(
R
a
t
i
f
i
c
a
t
i
o
n
o
f
S
a
n
B
e
r
n
a
r
d
i
n
o
C
o
u
n
t
y
F
i
r
e
AGENDA REPORT
MEETING DATE: April 28, 2020 Council Item
TITLE: Designation of City’s Agents in Applying for Reimbursement from the California Governor’s Office of Emergency Services
(Cal OES)
PRESENTED BY: Cynthia Fortune, Assistant City Manager
RECOMMENDATION: Adopt a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA APPROVING THE DESIGNATION OF THE APPLICANT’S AGENT
RESOLUTION AND AUTHORIZING THE CITY MANAGER, OR THE ASSISTANT CITY MANAGER, OR THE PRINCIPAL ACCOUNTANT TO TAKE ALL NECESSARY ACTIONS TO APPLY FOR REIMBURSEMENT OF ELIGIBLE CITY COSTS RESULTING FROM THE COVID-
19 PANDEMIC.
2030 VISION STATEMENT:
This staff report supports the following goals:
• Goal #1, “Ensuring Our Fiscal Viability,” through the continuous monitoring of expenditure budgets, allocations, and operational costs to ensure appropriate cost recovery for services rendered. BACKGROUND: On March 4, 2020, California Governor Newsom proclaimed a state of emergency for
California in accordance with Government Code Section 8558(b), as a result of the global spread of a severe, acute respiratory illness caused by a novel (new) coronavirus (COVID-19), to prepare for and respond to the COVID-19 cases, to formalize emergency actions already underway, and to implement measures to mitigate the spread of COVID-19.
On March 10, 2020, the County Board of Supervisors, in accordance with California Government Code 8630, proclaimed the existence of an emergency due to COVID-19, creating a condition of extreme peril within the territorial limits of the County, which conditions are, or are likely to be beyond the control of the services, personnel,
equipment, and facilities of the County, and require the combined forces, mutual aid
regions of other political subdivisions to appropriately respond to and combat the spread and treatment of COVD-19.
I.11
Packet Pg. 451
On March 13, 2020, the President, by the authority vested in him, including Sections 201 and 301 of the National Emergencies Act, declared the ongoing coronavirus (COVID-19), a pandemic of sufficient severity and magnitude to warrant a nationwide
emergency declaration.
On March 18, 2020, the City Manager, in his capacity as Director of Emergency Services, proclaimed an emergency in accordance with California Government Code Section 8630 and Grand Terrace Municipal Code Section 2.28.060, based on conditions
of extreme peril to the safety of persons and property with the City as a result of COVID-
19. The proclamation was ratified by City Council on March 24, 2020. As a result of the President’s declaration, local governments, including the City of Grand Terrace, are eligible to seek reimbursement from the Federal Emergency Management
Agency (FEMA) for the cost of eligible emergency protective measures taken to
respond to the COVID-19 emergency. This reimbursement is called “Public Assistance.” Public Assistance is distributed to California cities through the California Governor’s Office of Emergency Services (Cal OES).
DISCUSSION: In order to apply for Public Assistance, the City must submit the following to Cal OES:
1. A FEMA “Request for Public Assistance” (RPA) form, Form FF 009-0-49
(Attachment A). This is FEMA’s official application form used when applying for disaster assistance. The form asks for general information which identifies the applicant, starts the grant process and opens the Case Management File, which contains general claim information as well as records of meetings,
conversations, phone messages and any special issues or concerns that may
affect funding. The City submitted its completed form to Cal OES through their Grants portal on April 17, 2020. 2. A Project Assurances for Federal Assistance Form, Form Cal OES 89
(Attachment B). This form certifies that the subrecipient (City of Grand Terrace)
has to legal authority to apply for federal assistance and has the capability to complete any COVID-19 related projects should they occur, including having sufficient funds to the non-federal share of project costs. FEMA’s Public Assistance Program and Policy Guide states that the assistance FEMA
provides through its Public Assistance (PA) program is usually 75%; however, if
actual Federal obligations meet or exceed a qualifying threshold, FEMA may recommend an increase up to 90%. The City submitted its completed form to Cal OES via e-mail to: DisasterRecovery@caloes.ca.gov.
3. As part of the RPA, the City must submit a Designation of Applicant’s (City of
Grand Terrace) Agents Resolution form, Form Cal OES 130 (Attachment C), accompanied the by legislative body’s adopted Resolution. This form
I.11
Packet Pg. 452
designates the City employees who are authorized to submit the RPA to Cal OES on behalf of the City. The official April 17, 2020 FEMA deadline for agencies to file their FEMA RPA forms and its accompanying documents has
been extended and is currently open; FEMA is accepting notifications from
agencies at this time. City staff will be submitting the Cal OES 130 form and the City’s resolution upon approval from City Council on April 28, 2020. City staff has already established internal tracking codes and cost centers within the
City’s financial and payroll systems to record activities and costs associated with
COVID-19 response efforts. The City will continue to incur costs during the COVID-19 crisis. In order to seek public assistance, the City is required to designate applicant agents.
Staff is requesting that City Council designate and authorize the following positions that
have the expertise to access, review, consolidate and submit the City’s financial records and to take all necessary actions to apply for reimbursement of all eligible City costs resulting from the COVID-19 pandemic:
1. City Manager, or
2. Assistant City Manager, or 3. Principal Accountant.
FISCAL IMPACT:
There is no fiscal impact to adopting the Resolution, and approving/designating the above-requested City employees’ authority to request for reimbursement for City eligible COVID-19 related costs. Approval and submission of the attached forms are part of the
process of submitting a Request for Public Assistance, which could result in the City
being reimbursed for certain costs incurred in responding to the COVID-19 pandemic.
ATTACHMENTS:
• Resolution 2020-XX for Designation of Applicant's Agents (DOCX)
• Attachment A_FF 009-0-49 Request for Public Assistance GT-1(PDF)
• Attachment B_Cal-OES 89 Project Assurances Certification (PDF)
• Attachment C_Cal OES 130 Designation of Applicants Agent Resolution For Non-
State Agencies (PDF)
APPROVALS:
Cynthia A. Fortune Completed 04/18/2020 4:59 PM
Finance Completed 04/18/2020 4:59 PM
City Attorney Completed 04/21/2020 11:13 AM
City Manager Completed 04/23/2020 3:14 PM
I.11
Packet Pg. 453
City Council Pending 04/28/2020 6:00 PM
I.11
Packet Pg. 454
Page 1 of 3
RESOLUTION NO. 2020-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA APPROVING THE DESIGNATION OF THE APPLICANT’S AGENT RESOLUTION AND AUTHORIZING THE CITY MANAGER, OR THE ASSISTANT CITY MANAGER, OR THE PRINCIPAL ACCOUNTANT TO TAKE ALL NECESSARY ACTIONS TO APPLY FOR REIMBURSEMENT OF ELIGIBLE CITY COSTS RESULTING FROM THE
COVID-19 PANDEMIC
Recitals WHEREAS, on March 4, 2020, California Governor Newsom proclaimed a state of
emergency for California in accordance with Government Code Section 8558(b), as a
result of the global spread of a severe, acute respiratory illness caused by a novel (new) coronavirus (COVID-19), to prepare for and respond to COVID-19 cases, to formalize emergency actions already underway, and to implement measures to mitigate the spread of COVID-19; and
WHEREAS, on March 10, 2020, the San Bernardino County Board of Supervisors,
in accordance with California Government Code 8630, proclaimed the existence of an emergency due to COVID-19, creating a condition of extreme peril within the territorial limits of the County, which conditions are, or are likely to be beyond the control of the services, personnel, equipment, and facilities of the County, and require the combined
forces, mutual aid regions of other political subdivisions to appropriately respond to and
combat the spread and treatment of COVID-19; and
WHEREAS, on March 13, 2020, the President, by the authority vested in him, including Sections 201 and 301 of the National Emergencies Act, declared the ongoing coronavirus (COVID-19) a pandemic of sufficient severity and magnitude to warrant a
nationwide emergency declaration; and
WHEREAS, on March 18, 2020, the City Manager, in his capacity as Director of Emergency Services, proclaimed an emergency in accordance with California Government Code Section 8630 and Grand Terrace Municipal Code Section 2.28.060, based on conditions of extreme peril to the safety of persons and property with the City
as a result of COVID-19; and
WHEREAS, on March 24, 2020, the City Council ratified the City Manager’s March 18th proclamation; and
WHEREAS, as a result of the President’s declaration, local governments, including the City of Grand Terrace, are eligible to seek reimbursement from the Federal
Emergency Management Agency (FEMA) for the cost of eligible emergency protective
measures taken to respond to the COVID-19 emergency; and
I.11.a
Packet Pg. 455
At
t
a
c
h
m
e
n
t
:
R
e
s
o
l
u
t
i
o
n
2
0
2
0
-
X
X
f
o
r
D
e
s
i
g
n
a
t
i
o
n
o
f
A
p
p
l
i
c
a
n
t
'
s
A
g
e
n
t
s
[
R
e
v
i
s
i
o
n
1
]
(
D
e
s
i
g
n
a
t
i
o
n
o
f
C
i
t
y
’
s
A
g
e
n
t
s
i
n
A
p
p
l
y
i
n
g
f
o
r
Page 2 of 3
WHEREAS, this reimbursement is called “Public Assistance.” Public Assistance is distributed to California cities through the California Governor’s Office of Emergency Services (Cal OES); and
WHEREAS, in order to apply for Public Assistance, the City must submit a
“Request for Public Assistance” (RPA) to California Office of Emergency Services (Cal OES). As part of the RPA, the City must submit a Designation of Applicant’s Agents Resolution. This Resolution designates City employees who are authorized to submit the RPA to Cal OES on behalf of the City; and
WHEREAS, additional actions must be taken to complete the RPA; and WHEREAS, additional reimbursement for COVID-19-related costs may be available from other federal agencies, the State of California, or San Bernardino County.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
1. The City Council finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.
2. The Designation of Applicant’s Agent Resolution for Non-State Agencies, attached as Exhibit C to the corresponding Agenda Report, is adopted.
3. The City Manager, the Assistant City Manager, or the Principal Accountant is authorized to take all necessary actions and execute all necessary documents to apply
for reimbursement of eligible City costs resulting from the COVID-19 pandemic, from the
federal government, California government, San Bernardino County, and any agency or department thereof. 4. If any section, subsection, sentence, clause, phrase, or portion of this
Resolution 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 Resolution. The City Council of the City of Grand Terrace hereby declares that it would have adopted this Resolution 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.
5. The City Clerk shall certify to the adoption of this Resolution.
6. This Resolution shall take effect immediately upon its adoption.
[SIGNATURES ON FOLLOWING PAGE]
I.11.a
Packet Pg. 456
At
t
a
c
h
m
e
n
t
:
R
e
s
o
l
u
t
i
o
n
2
0
2
0
-
X
X
f
o
r
D
e
s
i
g
n
a
t
i
o
n
o
f
A
p
p
l
i
c
a
n
t
'
s
A
g
e
n
t
s
[
R
e
v
i
s
i
o
n
1
]
(
D
e
s
i
g
n
a
t
i
o
n
o
f
C
i
t
y
’
s
A
g
e
n
t
s
i
n
A
p
p
l
y
i
n
g
f
o
r
Page 3 of 3
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held on the 28th day of April, 2020.
_____________________________ Darcy McNaboe Mayor
ATTEST:
Debra L. Thomas
City Clerk APPROVED AS TO FORM:
Adrian R. Guerra, City Attorney
I.11.a
Packet Pg. 457
At
t
a
c
h
m
e
n
t
:
R
e
s
o
l
u
t
i
o
n
2
0
2
0
-
X
X
f
o
r
D
e
s
i
g
n
a
t
i
o
n
o
f
A
p
p
l
i
c
a
n
t
'
s
A
g
e
n
t
s
[
R
e
v
i
s
i
o
n
1
]
(
D
e
s
i
g
n
a
t
i
o
n
o
f
C
i
t
y
’
s
A
g
e
n
t
s
i
n
A
p
p
l
y
i
n
g
f
o
r
ATTACHMENT AI.11.b
Packet Pg. 458
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
A
_
F
F
0
0
9
-
0
-
4
9
R
e
q
u
e
s
t
f
o
r
P
u
b
l
i
c
A
s
s
i
s
t
a
n
c
e
G
T
-
1
(
D
e
s
i
g
n
a
t
i
o
n
o
f
C
i
t
y
’
s
A
g
e
n
t
s
i
n
A
p
p
l
y
i
n
g
f
o
r
R
e
i
m
b
u
r
s
e
m
e
n
t
f
r
o
m
I.11.c
Packet Pg. 459
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
B
_
C
a
l
-
O
E
S
8
9
P
r
o
j
e
c
t
A
s
s
u
r
a
n
c
e
s
C
e
r
t
i
f
i
c
a
t
i
o
n
(
D
e
s
i
g
n
a
t
i
o
n
o
f
C
i
t
y
’
s
A
g
e
n
t
s
i
n
A
p
p
l
y
i
n
g
f
o
r
R
e
i
m
b
u
r
s
e
m
e
n
t
f
r
o
m
C
a
l
I.11.c
Packet Pg. 460
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
B
_
C
a
l
-
O
E
S
8
9
P
r
o
j
e
c
t
A
s
s
u
r
a
n
c
e
s
C
e
r
t
i
f
i
c
a
t
i
o
n
(
D
e
s
i
g
n
a
t
i
o
n
o
f
C
i
t
y
’
s
A
g
e
n
t
s
i
n
A
p
p
l
y
i
n
g
f
o
r
R
e
i
m
b
u
r
s
e
m
e
n
t
f
r
o
m
C
a
l
I.11.c
Packet Pg. 461
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
B
_
C
a
l
-
O
E
S
8
9
P
r
o
j
e
c
t
A
s
s
u
r
a
n
c
e
s
C
e
r
t
i
f
i
c
a
t
i
o
n
(
D
e
s
i
g
n
a
t
i
o
n
o
f
C
i
t
y
’
s
A
g
e
n
t
s
i
n
A
p
p
l
y
i
n
g
f
o
r
R
e
i
m
b
u
r
s
e
m
e
n
t
f
r
o
m
C
a
l
STATE OF CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICESCal OES 130 Cal OES ID No:______________________
DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE(Governing Body)(Name of Applicant)
THAT ,OR(Title of Authorized Agent)
,OR(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , a public entity(Name of Applicant)established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T.Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
THAT the ________________________________________________, a public entity established under the laws of the State of California,(Name of Applicant)hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.
Please check the appropriate box below:
This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below.
This is a disaster specific resolution and is effective for only disaster number(s) ________________________
Passed and approved this day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I,,duly appointed and of
(Name)(Title)
,do hereby certify that the above is a true and correct copy of a(Name of Applicant)
Resolution passed and approved by the of the(Governing Body)(Name of Applicant)
on the day of ,20 .
(Title)
Page 1
(Signature)
Cal OES 130 (Rev.9/13)
20
I.11.d
Packet Pg. 462
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
C
_
C
a
l
O
E
S
1
3
0
D
e
s
i
g
n
a
t
i
o
n
o
f
A
p
p
l
i
c
a
n
t
s
A
g
e
n
t
R
e
s
o
l
u
t
i
o
n
F
o
r
N
o
n
-
S
t
a
t
e
A
g
e
n
c
i
e
s
(
D
e
s
i
g
n
a
t
i
o
n
o
f
C
i
t
y
’
s
A
g
e
n
t
s
i
n
STATE OF CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICESCal OES 130 -Instructions
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted Resolution is older than three (3) years from the last date of approval, is invalid or has not been submitted.
When completing the Cal OES Form 130,Applicants should fill in the blanks on page 1. The blanks are to be filled in asfollows:
Resolution Section:
Governing Body: This is the group responsible for appointing and approving the Authorized Agents. Examples include: Board of Directors,City Council,Board of Supervisors,Board of Education, etc.
Name of Applicant:The public entity established under the laws of the State of California. Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego,Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the Governor’s Office of Emergency Services regarding grants applied for by the Applicant. There aretwowaysofcompletingthis section:
1.Titles Only: If the Governing Body so chooses,the titles of the Authorized Agents would be entered here,nottheirnames.This allows the document to remain valid (for 3 years)if an Authorized Agent leaves the positionandisreplacedbyanotherindividual in the same title.If “Titles Only”is the chosen method,this documentmustbeaccompaniedbya cover letter naming the Authorized Agents by name and title. This cover letter canbe completed by any authorized person within the agency and does not require the Governing Body’s signature.
2.Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be
listed.A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the positionlisted on the document or their title changes.
Governing Body Representative: These are the names and titles of the approving Board Members.Examples include: Chairman of the Board, Director,Superintendent,etc. The names and titles cannot be one of thedesignated Authorized Agents, and a minimum of two or more approving board members need to be listed.
Certification Section:
Name and Title: This is the individual that was in attendance and recorded the Resolution creation and approval.Examples include:City Clerk, Secretary to the Board of Directors,County Clerk,etc. This person cannot be one of thedesignated Authorized Agents or Approving Board Member (if a person holds two positions such as City Manager and Secretary to the Board and the City Manager is to be listed as an Authorized Agent, then the same person holding theSecretary position would sign the document as Secretary to the Board (not City Manager) to eliminate “SelfCertification.”
Page 2Cal OES 130 (Rev.9/13)
I.11.d
Packet Pg. 463
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
C
_
C
a
l
O
E
S
1
3
0
D
e
s
i
g
n
a
t
i
o
n
o
f
A
p
p
l
i
c
a
n
t
s
A
g
e
n
t
R
e
s
o
l
u
t
i
o
n
F
o
r
N
o
n
-
S
t
a
t
e
A
g
e
n
c
i
e
s
(
D
e
s
i
g
n
a
t
i
o
n
o
f
C
i
t
y
’
s
A
g
e
n
t
s
i
n
AGENDA REPORT
MEETING DATE: April 28, 2020 Council Item
TITLE: FY2020-21 Budget Development Guidelines and Budget Schedule
PRESENTED BY: Cynthia Fortune, Assistant City Manager
RECOMMENDATION: Approve the FY2020-21 Budget Development Guidelines and Proposed Budget Review Schedule.
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 and DISCUSSION:
To ensure City Council is in agreement with the process for developing the FY2020-21 budget, and the schedule leading up to budget adoption, the following budget development guidelines and review schedule are proposed for City Council’s approval. Budget Development Guidelines
The following guidelines are submitted for the City Council’s review and approval. If approved, they will be utilized in the development of the FY 2020-21 Budget:
• Due to the uncertainty of the duration of the COVID-19 pandemic, City staff will
be submitting a one-year budget for FY2020-21 instead of a two-year budget as was done in prior years.
• Departments will submit base budgets that reflect the change in staffing as a
result of the Declaration of Fiscal Emergency, if approved.
• Personnel budgets will be developed by the Finance Department based on the results of the Declaration of Fiscal Emergency, should personnel reductions
occur.
• Should there be a need for any new personnel requests or increase in services as required to help mitigate the General Fund deficit, these must be supported by
revenue sources and/or funding.
I.12
Packet Pg. 464
• A general inflation factor should not be applied to contractual services or maintenance & operations line items unless multi-year contracts are in place that
provide for inflationary adjustments.
• All contracts will be reviewed to either reduce or eliminate said services if possible; even in such cases, departments should make every effort to
renegotiate pricing to maintain expenditures at their lowest levels.
• Any proposed service level enhancements or staffing additions must be submitted for consideration as a New Budget Request, along with
comprehensive justification.
• Any New Budget Request items that are supported by the City Manager will be separately identified in the Proposed Budget, rather than being incorporated in
the base budget. This approach will enable the City Council to individually
review and approve/disapprove each item that is being proposed.
• Capital Assets (assets with an initial cost of $5,000 or greater and an estimated useful life of at least two years) that are proposed for replacement must be
separately identified through a Capital Asset Replacement Request form. Any such requested replacements will be separately identified in the Proposed Budget, rather than being incorporated in the base budget. This approach will enable the City Council to individually review and approve/disapprove each item
that is being proposed.
• When considering a potential Capital Asset replacement, departments should make every effort to extend the useful life and keep the asset in service longer if
it may be safely operated and is cost-effective to do so considering expected
maintenance and repair costs.
• Any proposed service level or staffing reductions will be separately identified,
along with the corresponding cost savings and service level impact, in the
Proposed Budget, rather than being incorporated in the base budget. This approach will enable the City Council to individually review and approve/ disapprove each item that is being considered.
• Following budget deliberations on the Proposed Budget, including potential additions and/or reductions to the base budget, the budget will be adopted by the City Council prior to the start of the new fiscal year (July 1, 2020). Preliminary Projections for FY2020-21
As provided in a previous report, preliminary projections for FY2020-21 were provided to City Council as shown in the table below:
City of Grand Terrace
I.12
Packet Pg. 465
FY2019-2020 Year-End Projection and 2020-21 Possible Scenarios
Budget Projected Adjustments Year-End Projection
Exp % Year- End Proj
Projection-1 2020-21
Exp % Year- End Proj
Projection-2 2020-21
Exp % Year- End Proj
REVENUES
Property Tax $1,971,250 ($79,990) $1,891,260 -4% $1,796,000 -9% $1,478,440 -25%
Residual Receipts - RPTTF $1,442,400 $610 $1,443,010 0% $1,500,000 4% $1,081,800 -25%
Franchise Fees $534,790 ($97,260) $437,530 -18% $445,000 -17% $401,100 -25% Licenses, Fees & Permits $456,510 ($127,420) $329,090 -28% $329,090 -28% $342,400 -25%
Sales Tax $785,400 ($185,370) $600,030 -24% $600,000 -24% $589,050 -25% Intergovernmental Revenue/Grants $26,500 ($2,790) $23,710 -11% $20,000 -25% $19,880 -25% Charges for Services $207,900 ($127,600) $80,300 -61% $80,300 -61% $155,940 -25%
Fines & Forfeitures $72,500 ($20,410) $52,090 -28% $35,100 -52% $54,380 -25%
Miscellaneous $15,148 ($14,638) $510 -97% $0 $11,360 -25% Use of Money & Property $62,000 $4,740 $66,740 8% $47,500 -23% $46,500 -25%
Transfers In $84,450 $0 $84,450 0% $0 $63,340 -25% Wastewater Receipts $318,349 $1 $318,350 0% $318,350 0% $238,760 -25% TOTAL REVENUES $5,977,197 ($650,127) $5,327,070 -11% $5,171,340 -13% $4,482,950 -25%
EXPENDITURES
Salaries $1,246,881 $10,129 $1,257,010 -1% $1,257,030 1% $1,257,030 1%
Benefits $842,690 ($15,420) $827,270 2% $827,290 -2% $827,290 -2% Professional/Cont. Services $3,463,996 ($133,266) $3,330,730 4% $3,330,690 -4% $3,330,690 -4% Materials & Supplies $236,217 $19,523 $255,740 -8% $255,730 8% $255,730 8% Lease of Facility/Equipment $8,000 $11,320 $19,320 <100% $19,320 <100% $19,320 <100%
Utilities $145,000 ($1,140) $143,860 1% $143,860 -1% $143,860 -1% Overhead Cost Allocation ($87,450) $0 ($87,450) 0% ($87,450) 0% ($87,450) 0%
Transfers Out $125,800 $0 $125,800 0% $125,800 0% $125,800 0% TOTAL EXPENDITURES $5,981,134 ($108,854) $5,872,280 2% $5,872,270 -2% $5,872,270 -2%
REVENUE & EXPENDITURE SUMMARY
REVENUES $5,977,197 ($650,127) $5,327,070 -11% $5,171,340 -13% $4,482,950 -25%
EXPENDITURES ($5,981,134) $108,854 ($5,872,280) 2% ($5,872,270) -2% ($5,872,270) -2%
NET ($3,937) ($541,273) ($545,210) ($700,930) ($1,389,320)
Additional Expenditures to consider in FY2020-21
I.12
Packet Pg. 466
City of Grand Terrace
FY2019-2020 Year-End Projection and 2020-21 Possible Scenarios
Budget Projected Adjustments Year-End Projection
Exp % Year- End Proj
Projection-1 2020-21
Exp % Year- End Proj
Projection-2 2020-21
Exp % Year- End Proj
1. Sheriff's Amendment #27 (Schedule A increase) ($136,457) ($136,457) 2. Absorption of former Child Care program's Unfunded Accrued Liability (UAL) portion ($150k) & overall UAL increase ($30k) ($185,000) ($185,000) 3. Annual Debt Service payment to Wastewater Fund for $900,000 Loan ($108,000) ($108,000)
POTENTIAL DEFICIT ($1,130,387) ($1,818,777)
Given the immediate severity of this economic crisis, should the proposed Resolution
Declaring a Fiscal Emergency as a result of COVID-19 be approved and adopted by City Council, the City Manager will be submitting recommended actions, for City Council approval, that are intended to mitigate the fiscal impact to the City's FY2019-20 and FY2020-21 budgets, including such measures relating to reduction in personnel costs,
operations, reduction in service levels, or other measures deemed necessary and reasonable to minimize the accelerated and significant reduction to the General Fund Reserves. Tentative Budget Review Schedule
Following is the tentative schedule for City Council review, deliberation and adoption of the FY2020-21 Budget: Table 1
FY2020-21 Proposed Budget Review Schedule Date
CITY COUNCIL MEETING: Presentation of Proposed Budget
to City Council Tue – May 26, 2018
CITY COUNCIL MEETING: Budget Deliberations; Approval of the City’s FY2020-21 Appropriations Limits Tue - June 9, 2020
CITY COUNCIL MEETING: Budget Adoption Tue - June 23, 2020
FISCAL IMPACT: There is no fiscal impact to approving the FY2020-21 Budget Development Guidelines
and Proposed Budget Review Schedule.
APPROVALS:
Cynthia A. Fortune Completed 04/23/2020 3:02 PM
Finance Completed 04/23/2020 3:02 PM
I.12
Packet Pg. 467
City Attorney Completed 04/23/2020 5:11 PM
City Manager Completed 04/23/2020 5:16 PM
City Council Pending 04/28/2020 6:00 PM
I.12
Packet Pg. 468
AGENDA REPORT
MEETING DATE: April 28, 2020 Council Item
TITLE: Discussion of Potential Budget Impacts Associated with the Novel Corona Virus (COVID-19), Authorization to Use
$450,000 of General Fund Reserves to Aid in the Current
Fiscal Year Deficit, and Consideration of a Declaration of Fiscal Emergency
PRESENTED BY: Cynthia Fortune, Assistant City Manager
RECOMMENDATION: 1. Review the update to City Council on the potential fiscal
impacts to the FY2019-20 and FY2020-21 budgets as a
result of the Nation, State, County and Local Emergency declarations relating to COVID-19; and 2. Authorize the use of up to $450,000 in from the General
Fund’s $900,000 fund balance to partially offset the
$662,380 projected General Fund deficit in the current fiscal year; and 3. Consider the adoption of a Resolution Declaring a Fiscal
Emergency as a result of the COVID-19 pandemic’s
widespread economic impact and its resulting significant loss of anticipated revenues which authorizes the City Manager to research, investigate and recommend further actions to mitigate the fiscal impacts to the FY2019-20 and FY2020-21
budgets, including reduction measures relating to personnel
costs, operations, service levels, or other measures deemed necessary and reasonable to offset the General fund projected deficits and submit said recommendations to City Council for approval; or
4. Direct staff as appropriate.
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, to ensure that COVID-19 related activities do not
further impact the General Fund reserves. BACKGROUND:
I.13
Packet Pg. 469
On March 4, 2020, California Governor Newsom proclaimed a state of emergency for California in accordance with Government Code Section 8558(b), as a result of the
global spread of a severe, acute respiratory illness caused by a novel (new) coronavirus
(COVID-19), to prepare for and respond to COVID-19 cases, to formalize emergency actions already underway, and to implement measures to mitigate the spread of COVID-19.
On March 10, 2020, the County Board of Supervisors, in accordance with California
Government Code 8630, proclaimed the existence of an emergency due to COVID-19, creating a condition of extreme peril within the territorial limits of the County, which conditions are, or are likely to be beyond the control of the services, personnel, equipment, and facilities of the County, and require the combined forces, mutual aid
regions of other political subdivisions to appropriately respond to and combat the spread
and treatment of COVD-19. On March 13, 2020, the President, by the authority vested in him, including Sections 201 and 301 of the National Emergencies Act, declared the ongoing coronavirus
(COVID-19), a pandemic of sufficient severity and magnitude to warrant a nationwide
emergency declaration. On March 18, 2020, the City Manager, in his capacity as Director of Emergency Services, proclaimed an emergency in accordance with California Government Code
Section 8630 and Grand Terrace Municipal Code Section 2.28.060, based on conditions
of extreme peril to the safety of persons and property with the City as a result of COVID-19. The proclamation was ratified by City Council on March 24, 2020.
DISCUSSION:
On March 19, 2020, Governor Newsom issued Executive Order N-33-20 ordering all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of operations of critical infrastructure sectors,
effective March 19, 2020, and in effect indefinitely until rescinded by the Governor. This
Emergency has required the temporary closure of all non-essential businesses in the City, which included retail shops and stores for clothing, jewelry, furniture, hair, nail and beauty establishments, barber shops, dance studios, gyms, all of which generate sales and use taxes, business license fees – revenues that are part of the General Fund.
Economic development activity has come to a standstill as it relates to residential housing and the construction of commercial and industrial establishments. The Executive Order has drastic financial implications for the City’s operating budget
since it relies on sales and use taxes ($785,400), licenses, fees and permits ($465,510),
and charges for services ($207,900) revenues, which encompass almost 25% of total General Fund revenues.
I.13
Packet Pg. 470
Projected Revenues As a result, the League of California Cities (League) held a webinar to discuss the
COVID-19 pandemic and its potentially severe effect on local revenues. City staff
reviewed the League’s projections and combined with the last few months of revenue reduction, proposed the following reductions: 1. Property Taxes - budget of $3.4m: City staff is projecting that property taxes,
including residual tax distributions from the Redevelopment Property Tax Trust
Fund (RPTTF), will show a moderate decline in real property transfer taxes, supplemental property taxes, and penalties and delinquencies, resulting in an overall reduction of approximately ($80,000).
2. Franchise Fees - budget of $535k: the League is projecting a delay in the receipt
of franchise fee revenues (a projected 60 to 120 delay). Although the year-end projection shows a decrease in Franchise Fees of approximately ($97,000), it is expected that the City will receive these revenues in FY2020-21.
3. Licenses, Fees & Permits - budget of $456k: the list below show the top 10
categories and their corresponding budgets that fall under Licenses, Fees & Permits and staff’s year-end projections: Table 1
Licenses, Permits & Fees
Description Budget Projected Decrease Projected Year-End
1 Business License Taxes $91,000 ($13,570) $77,430
2 Pavement Impact Fees $42,840 $1,970 $44,810
3 Household Hazardous Waste Fees $15,300 ($4,010) $11,290
4 Dog Licenses $20,400 ($2,400) $18,000
5 Building & Safety Issuance Fees $17,340 ($300) $17,040
6 Public Works Permits $30,600 ($5,600) $25,000
7 Construction Permits $81,600 ($31,530) $50,070
8 Professional Services* $101,930 ($42,800) $59,130
9 Planning Fees $25,000 ($12,930) $12,070
10 Park Use & Sports League Fees $12,000 ($5,970) $6,030
11 Other Licenses, Permits & Fees $18,500 ($10,280) $8,220
$456,510 ($127,420) $329,090
*Professional Services includes developer activity for the construction of new residential homes, commercial and industrial establishments. These revenues are normally received
during the latter part of the fiscal year, from March through June. During staff’s original projection at budget adoption, it was estimated that the majority of the above activities were to occur during the 4th quarter of FY2019-20.
I.13
Packet Pg. 471
Due to the COVID-19 crisis, staff is anticipating that these activities will not come to fruition, projecting an overall decrease of approximately ($127,000).
4. Sales Tax - budget of $785k: the League shows a projected 30% decrease in the
3rd Quarter (Jan-Mar) and up to almost 40% in the 4th Quarter (Apr-Jun) in Sales Taxes, resulting in City staff projecting a decrease of approximately ($185,000) by June-2020.
5. Charges for Services - budget of $208k: the list below shows the top categories
and their corresponding budgets that fall under Charges for Services and staff’s year-end projections: Table 2
Charges for Services
Description Budget Projected Decrease Projected Year-End
1 Rental Inspection Fees $70,000 ($33,890) $36,110
2 Engineering Plan Review $14,200 ($6,500) $7,700
3 Building & Safety Plan Review $56,000 ($23,420) $32,580
4 Environmental Assessment Reports $65,100 ($64,170) $930
5 Other Charges for Services $2,600 $380 $2,980
$207,900 ($127,600) $80,300
Staff is projecting an overall decrease of $127,600; similar to Licenses, Fees &
Permits, activities in this category were projected to occur during the latter part of
the fiscal year. 6. Fines & Forfeitures - budget of $72k: About 75% of revenues in this category are derived from parking citations. Due to COVID-19 activities, City staff has
drastically reduced issuing parking and code enforcement violations. Staff is
projecting a deficit of approximately ($20,000). 7. Miscellaneous - budget of $15k: City staff had originally projected miscellaneous revenues from state mandated programs, donations, contributions and
unrealized gains. The City has received a minimal amount ($510) as of
December 31, 2019 and is anticipating not receiving additional revenue for the remainder of the fiscal year. Based on these projections, staff is projecting a revenue loss of ($767,300) in the
current fiscal year.
Projected Expenditures Expenditures at June 30th are projected at $5,872,288. Departments have been very
diligent in reducing expenditures in light of the current COVID-19 pandemic. As a result,
I.13
Packet Pg. 472
there is an overall projected savings of $108,854 against budgeted expenditures of $5,981,134; however, with the projected revenue loss of ($767,300), the $108,854 in expenditure savings results in a $662,380 General Fund deficit.
As such, part of the City staff recommendation is to authorize the use of $450,000 of the General Fund’s $900,000 fund balance to offset the $662,380 deficit.
Immediate Cost Saving Measures
Although City Council will only be receiving a formal briefing on potential losses of revenue from the COVID pandemic at this meeting, the City Manager will be returning to City Council for approval with recommendations and cost saving measures to generate an additional $212,380 in expenditure savings to cover the balance of the additional
deficit, which will include a reductions in personnel, operations and service levels, and
other measures necessary to generate the additional expenditure savings. FY2020-21 Preliminary Projections
City staff chose to provide two (2) scenarios for City Council based on the following
projections: 1. Scenario 1: This scenario assumes that the economy will rebound within a few months of the start of the fiscal year and as a result, certain revenues will be
delayed and not received until FY2021-22.
2. Scenario 2: This scenario assumes that the COVID-19 will prolong a little bit longer into FY2020-21 and will result in the City only receiving 75% of its revenues (assuming a -25% reduction of revenues across the board).
Given the two revenue scenarios, the original expenditures listed were projected the
same as the current fiscal year to show the deficit that would result if immediate cost saving measures are not implemented; in addition, City staff has added the following expenditures that need to be considered during the preparation of the FY2020-21 budget:
1. Public Safety: the Sheriff’s Department has provided their proposed “Schedule A” amendment to the City’s public safety contract for FY2020-21 totaling $2,207,992. This represents a 6.6% increase ($136,457) from FY2019-20’s contract of $2,071,535.
*A note to the proposed Schedule A: the City Manager has sent a request to the Sheriff’s Department requesting a delay in implementing said increase.
2. Unfunded Accrued Liability (UAL): the City’s total UAL for the current fiscal year
totals $445,000, of which the General Fund’s current year portion of the UAL amounts to $300,000; the Child Care Fund’s portion of the UAL totaled $150,000 (this is the last year of the Child Care’s cost, the program has since been
I.13
Packet Pg. 473
eliminated). For FY2020-21, the General Fund will bear the bulk of the UAL, which totals $485,000, representing a $185,000 increase to the General Fund.
*A note in relation to future CalPERS liabilities: CalPERS, as of March 31, 2020, is showing a -4% return vs. the 7% originally projected. This represents an 11%
loss/decrease in expected investment earnings. This loss will possibly be charged to
all affected entities and amortized over a 30-year period unless CalPERS finds ways
to mitigate the potential loss affecting all member-entities.
3. Debt Service to the Wastewater Fund: in June-2018, City Council formalized the loan of $895,000 from the Wastewater Fund. Included in the promissory note was debt service schedule to begin payments in FY2020-21 at $100,000 annually with interest. At a 4% interest loan rate, the payment in FY2020-21 is estimated at $108,000.
The table below reflects City staff’s projections for the current year and potential projections for FY2020-21. Table 3
City of Grand Terrace FY2019-2020 Year-End Projection and 2020-21 Possible Scenarios
Budget Projected Adjustments Year-End Projection
Exp % Year- End
Proj
Projection-1 2020-21
Exp % Year- End
Proj
Projection-2 2020-21
Exp % Year- End
Proj
REVENUES
Property Tax $1,971,250 ($79,990) $1,891,260 -4% $1,796,000 -9% $1,478,440 -25% Residual Receipts - RPTTF $1,442,400 $610 $1,443,010 0% $1,500,000 4% $1,081,800 -25%
Franchise Fees $534,790 ($97,260) $437,530 -18% $445,000 -17% $401,100 -25%
Licenses, Fees & Permits $456,510 ($127,420) $329,090 -28% $329,090 -28% $342,400 -25%
Sales Tax $785,400 ($185,370) $600,030 -24% $600,000 -24% $589,050 -25% Intergovernmental Revenue/Grants $26,500 ($2,790) $23,710 -11% $20,000 -25% $19,880 -25%
Charges for Services $207,900 ($127,600) $80,300 -61% $80,300 -61% $155,940 -25%
Fines & Forfeitures $72,500 ($20,410) $52,090 -28% $35,100 -52% $54,380 -25%
Miscellaneous $15,148 ($14,638) $510 -97% $0 $11,360 -25% Use of Money & Property $62,000 $4,740 $66,740 8% $47,500 -23% $46,500 -25%
Transfers In $84,450 $0 $84,450 0% $0 $63,340 -25% Wastewater Receipts $318,349 $1 $318,350 0% $318,350 0% $238,760 -25% TOTAL REVENUES $5,977,197 ($650,127) $5,327,070 -11% $5,171,340 -13% $4,482,950 -25%
EXPENDITURES
Salaries $1,246,881 $10,129 $1,257,010 -1% $1,257,030 1% $1,257,030 1%
I.13
Packet Pg. 474
City of Grand Terrace
FY2019-2020 Year-End Projection and 2020-21 Possible Scenarios
Budget Projected Adjustments Year-End Projection
Exp % Year- End Proj
Projection-1 2020-21
Exp % Year- End Proj
Projection-2 2020-21
Exp % Year- End Proj
Benefits $842,690 ($15,420) $827,270 2% $827,290 -2% $827,290 -2% Professional/Cont. Services $3,463,996 ($133,266) $3,330,730 4% $3,330,690 -4% $3,330,690 -4% Materials & Supplies $236,217 $19,523 $255,740 -8% $255,730 8% $255,730 8%
Lease of Facility/Equipment $8,000 $11,320 $19,320 <100% $19,320 <100% $19,320 <100%
Utilities $145,000 ($1,140) $143,860 1% $143,860 -1% $143,860 -1% Overhead Cost Allocation ($87,450) $0 ($87,450) 0% ($87,450) 0% ($87,450) 0%
Transfers Out $125,800 $0 $125,800 0% $125,800 0% $125,800 0% TOTAL EXPENDITURES $5,981,134 ($108,854) $5,872,280 2% $5,872,270 -2% $5,872,270 -2%
REVENUE & EXPENDITURE SUMMARY
REVENUES $5,977,197 ($650,127) $5,327,070 -11% $5,171,340 -13% $4,482,950 -25%
EXPENDITURES ($5,981,134) $108,854 ($5,872,280) 2% ($5,872,270) -2% ($5,872,270) -2%
NET ($3,937) ($541,273) ($545,210) ($700,930) ($1,389,320)
Additional Expenditures to consider in FY2020-21
1. Sheriff's Amendment #27 (Schedule A increase) ($136,457) ($136,457) 2. Absorption of former Child Care program's Unfunded Accrued Liability (UAL) portion ($150k) & overall UAL increase ($30k) ($185,000) ($185,000) 3. Annual Debt Service payment to Wastewater Fund for $900,000 Loan ($108,000) ($108,000)
POTENTIAL DEFICIT ($1,130,387) ($1,818,777)
Resolution Declaring a Fiscal Emergency Given the immediate severity of this economic crisis, staff is recommending that the City Council by unanimous vote adopt the proposed Resolution Declaring a Fiscal Emergency as a result of COVID-19. This will provide, in part, for the City Manager to
submit recommended actions, for City Council approval, to mitigate the fiscal impact to the City's FY2019-20 and FY2020-21 budgets, including such measures relating to personnel costs, operations, reduction in service levels, or other measures deemed necessary and reasonable to minimize the accelerated and significant reduction to the General Fund Reserves. The COVID-19 Local Emergency is immediate, severe and
potentially extending through the next fiscal year. FISCAL IMPACT:
I.13
Packet Pg. 475
The City's immediate and significant loss of revenue due to COVID-19 is unprecedented and represents a sudden change of circumstances beyond the City's control; at this time, City staff is requesting authority to use $450,000 of General Fund reserves to aid
in the current year deficit.
ATTACHMENTS:
• Resolution declaring a Fiscal Emergency due to COVID-19 (DOCX)
APPROVALS:
Cynthia A. Fortune Completed 04/23/2020 2:46 PM
Finance Completed 04/23/2020 2:46 PM
City Attorney Completed 04/23/2020 7:59 PM
City Manager Completed 04/23/2020 8:06 PM
City Council Pending 04/28/2020 6:00 PM
I.13
Packet Pg. 476
Page 1 of 7
RESOLUTION NO. 2020-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA UNANIMOUSLY DECLARING A FISCAL EMERGENCY RELATED TO THE INCREASING SPREAD OF NOVEL CORONAVIRUS (COVID-19) AND DIRECTING THE CITY MANAGER TO RESEARCH, REVIEW AND PRESENT TO CITY COUNCIL FOR ITS APPROVAL, BUDGET CUTS TO MITIGATE THE FISCAL IMPACTS TO
THE FY2019-20 AND FY2020-21 BUDGETS
Recitals WHEREAS, on March 4, 2020, California Governor Newsom proclaimed a state of
emergency for California in accordance with Government Code Section 8558(b), as a
result of the global spread of a severe, acute respiratory illness caused by a novel (new) coronavirus (COVID-19), to prepare for and respond to COVID-19 cases, to formalize emergency actions already underway, and to implement measures to mitigate the spread of COVID-19; and
WHEREAS, on March 10, 2020, the San Bernardino County Board of Supervisors,
in accordance with California Government Code 8630, proclaimed the existence of an emergency due to COVID-19, creating a condition of extreme peril within the territorial limits of the County, which conditions are, or are likely to be beyond the control of the services, personnel, equipment, and facilities of the County, and require the combined
forces, mutual aid regions of other political subdivisions to appropriately respond to and
combat the spread and treatment of COVID-19; and
WHEREAS, on March 13, 2020, the President, by the authority vested in him, including Sections 201 and 301 of the National Emergencies Act, declared the ongoing coronavirus (COVID-19) a pandemic of sufficient severity and magnitude to warrant a
nationwide emergency declaration; and
WHEREAS, on March 18, 2020, the City Manager, in his capacity as Director of Emergency Services, proclaimed an emergency in accordance with California Government Code Section 8630 and Grand Terrace Municipal Code Section 2.28.060, based on conditions of extreme peril to the safety of persons and property with the City
as a result of COVID-19; and
WHEREAS, on March 19, 2020 Governor Newsom executed Executive Order N-33-20 ordering all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors, and in effect indefinitely until rescinded by the Governor; and
WHEREAS, due to the threat presented by the COVID-19 pandemic, and the State
of Emergency declared by Governor Newsom, the Local Emergency ratified by this City Council, and the Executive Order issued by Governor Newsom, all Non-Essential
I.13.a
Packet Pg. 477
At
t
a
c
h
m
e
n
t
:
R
e
s
o
l
u
t
i
o
n
d
e
c
l
a
r
i
n
g
a
F
i
s
c
a
l
E
m
e
r
g
e
n
c
y
d
u
e
t
o
C
O
V
I
D
-
1
9
[
R
e
v
i
s
i
o
n
6
]
(
D
i
s
c
u
s
s
i
o
n
o
f
P
o
t
e
n
t
i
a
l
B
u
d
g
e
t
I
m
p
a
c
t
s
A
s
s
o
c
i
a
t
e
d
w
i
t
h
Page 2 of 7
Businesses in the City of Grand Terrace closed on or about March 19, 2020, and have remained closed; and
WHEREAS, non-essential businesses include but are not limited to retail shops
and stores for clothing, jewelry, furniture, hair, nail and beauty establishments, barber shops, dance studios, gyms, all of which generate sales and use taxes, business license fees – revenues that are part of the General Fund; and
WHEREAS, the City’s Licenses, Fees, Permits and Charges for Services include
business license taxes, construction permits, developer activities, programs and activities that have come to a standstill as a result of COVID-19; and WHEREAS, on March 24, 2020, the City Council adopted Resolution 2020-05,
ratifying the Declaration and Proclamation of a Local Emergency in response to COVID-
19 in the City of Grand Terrace, as issued by the City Manager in his capacity as Director of Emergency Services, on March 18, 2020; and
WHEREAS, Governor Newsom has announced a framework for reopening the state's economy, but has noted the decision will be based on six factors, including the
ability to widely test and trace people who have been exposed to the coronavirus, and the
ability to increase the state's public health infrastructure to address COVID-19; however, the Governor has not indicated any specific time frame for such reopening; and WHEREAS, on the basis of Governor Newsom's statements on re-opening the
state's economy, and the timeframe for widespread availability of a COVID-19 vaccine,
continuing disruption to the City's business industry and the associated reduction in General Fund revenue is anticipated to extend through June 2021; and WHEREAS, at its meeting of April 28, 2020, the City Council received and
considered a staff report, incorporated herein by this reference, on the current status of
the COVID-19 pandemic and analysis regarding the City’s current and projected revenues and expenditures in light of COVID-19; and WHEREAS, financial analysis of the economic impacts associated with COVID-19
is difficult to predict at this point; however, staff's estimate identifies a potential revenue
loss of approximately $650,127 for the FY2019-20 budget resulting in a potential deficit of $454,210 as shown in Attachment A of this Resolution; and WHEREAS, City staff is projecting a continuing revenue loss of $805,857 in
FY2020-21 with a potential deficit of $1,130,387 as shown in Attachment A of this
Resolution; and WHEREAS, the City’s General Fund reserves, as of March 31, 2020 are $900,000 and are sufficient to cover the $450,000 use of fund balance in FY2010-20; and
I.13.a
Packet Pg. 478
At
t
a
c
h
m
e
n
t
:
R
e
s
o
l
u
t
i
o
n
d
e
c
l
a
r
i
n
g
a
F
i
s
c
a
l
E
m
e
r
g
e
n
c
y
d
u
e
t
o
C
O
V
I
D
-
1
9
[
R
e
v
i
s
i
o
n
6
]
(
D
i
s
c
u
s
s
i
o
n
o
f
P
o
t
e
n
t
i
a
l
B
u
d
g
e
t
I
m
p
a
c
t
s
A
s
s
o
c
i
a
t
e
d
w
i
t
h
Page 3 of 7
WHEREAS, the City’s General Fund reserves are insufficient to fully absorb the anticipated loss in revenue that will occur in FY2019-20 and 2020-21 from the COVID-19 pandemic.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
1. The City Council finds that the above recitations, along with the information and data presented in the corresponding written staff report, verbal testimony, and written
and verbal presentations relating to this matter, are true and correct and are hereby
incorporated herein as part of the record and made a material part of this Resolution. 2. Based upon substantial evidence presented to the City Council, including the above recitations, along with the information and data presented in the written staff
report, verbal testimony, and written and verbal presentations relating to this matter, the
City Council unanimously finds and declares the existence of a Fiscal Emergency directly related to the continuing threat and existence of COVID-19 in the community.
3. The City Council directs the City Manager to research, review and present to City Council for its approval, budget cuts to mitigate the fiscal impacts to the FY2019-
20 and FY2020-21 budgets, including reduction measures relating to personnel costs,
operations, service levels, or other measures deemed necessary and reasonable to minimize further the accelerated and significant reduction to the City’s General Fund reserves.
4. Based upon the findings made herein and other substantial information
available as part of the public record, and the City Council's unanimous declaration of a Fiscal Emergency related to COVID-19, the City Council reserves the right to utilize such measures available to it, pursuant to, and in accordance with, Article XIII C of the California Constitution.
5. If any section, subsection, sentence, clause, phrase, or portion of this
Resolution 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 Resolution. The City Council of the City of Grand Terrace hereby declares that it would have adopted this Resolution 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.
6. The City Clerk shall certify to the adoption of this Resolution.
7. This Resolution shall take effect immediately upon its adoption.
I.13.a
Packet Pg. 479
At
t
a
c
h
m
e
n
t
:
R
e
s
o
l
u
t
i
o
n
d
e
c
l
a
r
i
n
g
a
F
i
s
c
a
l
E
m
e
r
g
e
n
c
y
d
u
e
t
o
C
O
V
I
D
-
1
9
[
R
e
v
i
s
i
o
n
6
]
(
D
i
s
c
u
s
s
i
o
n
o
f
P
o
t
e
n
t
i
a
l
B
u
d
g
e
t
I
m
p
a
c
t
s
A
s
s
o
c
i
a
t
e
d
w
i
t
h
Page 4 of 7
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held on the 28th day of April, 2020.
_____________________________ Darcy McNaboe Mayor
ATTEST:
Debra L. Thomas City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra,
City Attorney
I.13.a
Packet Pg. 480
At
t
a
c
h
m
e
n
t
:
R
e
s
o
l
u
t
i
o
n
d
e
c
l
a
r
i
n
g
a
F
i
s
c
a
l
E
m
e
r
g
e
n
c
y
d
u
e
t
o
C
O
V
I
D
-
1
9
[
R
e
v
i
s
i
o
n
6
]
(
D
i
s
c
u
s
s
i
o
n
o
f
P
o
t
e
n
t
i
a
l
B
u
d
g
e
t
I
m
p
a
c
t
s
A
s
s
o
c
i
a
t
e
d
w
i
t
h
Page 5 of 7
Attachment A
Revenue and Expenditure Projections for FY2019-20 and FY2020-21
I.13.a
Packet Pg. 481
At
t
a
c
h
m
e
n
t
:
R
e
s
o
l
u
t
i
o
n
d
e
c
l
a
r
i
n
g
a
F
i
s
c
a
l
E
m
e
r
g
e
n
c
y
d
u
e
t
o
C
O
V
I
D
-
1
9
[
R
e
v
i
s
i
o
n
6
]
(
D
i
s
c
u
s
s
i
o
n
o
f
P
o
t
e
n
t
i
a
l
B
u
d
g
e
t
I
m
p
a
c
t
s
A
s
s
o
c
i
a
t
e
d
w
i
t
h
Page 6 of 7
Attachment A City of Grand Terrace
FY2019-2020 Year-End Projection and 2020-21 Possible Scenarios
Budget Projected Adjustments Year-End Projection
Exp % Year- End Proj
Projection-1 2020-21
Exp % Year- End Proj
Projection-2
2020-21
Exp % Year- End Proj
REVENUES
Property Tax $1,971,250 ($79,990) $1,891,260 -4% $1,796,000 -9% $1,478,440 -25% Residual Receipts - RPTTF $1,442,400 $610 $1,443,010 0% $1,500,000 4% $1,081,800 -25%
Franchise Fees $534,790 ($97,260) $437,530 -18% $445,000 -17% $401,100 -25% Licenses, Fees & Permits $456,510 ($127,420) $329,090 -28% $329,090 -28% $342,400 -25%
Sales Tax $785,400 ($185,370) $600,030 -24% $600,000 -24% $589,050 -25% Intergovernmental Revenue/Grants $26,500 ($2,790) $23,710 -11% $20,000 -25% $19,880 -25% Charges for Services $207,900 ($127,600) $80,300 -61% $80,300 -61% $155,940 -25% Fines & Forfeitures $72,500 ($20,410) $52,090 -28% $35,100 -52% $54,380 -25%
Miscellaneous $15,148 ($14,638) $510 -97% $0 $11,360 -25% Use of Money & Property $62,000 $4,740 $66,740 8% $47,500 -23% $46,500 -25%
Transfers In $84,450 $0 $84,450 0% $0 $63,340 -25%
Wastewater Receipts $318,349 $1 $318,350 0% $318,350 0% $238,760 -25%
TOTAL REVENUES $5,977,197 ($650,127) $5,327,070 -11% $5,171,340 -13% $4,482,950 -25%
EXPENDITURES
Salaries $1,246,881 $10,129 $1,257,010 -1% $1,257,030 1% $1,257,030 1%
Benefits $842,690 ($15,420) $827,270 2% $827,290 -2% $827,290 -2% Professional/Cont. Services $3,463,996 ($133,266) $3,330,730 4% $3,330,690 -4% $3,330,690 -4% Materials &
Supplies $236,217 $19,523 $255,740 -8% $255,730 8% $255,730 8% Lease of Facility/Equipment $8,000 $11,320 $19,320 <100% $19,320 <100% $19,320 <100%
Utilities $145,000 ($1,140) $143,860 1% $143,860 -1% $143,860 -1% Overhead Cost Allocation ($87,450) $0 ($87,450) 0% ($87,450) 0% ($87,450) 0%
Transfers Out $125,800 $0 $125,800 0% $125,800 0% $125,800 0% TOTAL EXPENDITURES $5,981,134 ($108,854) $5,872,280 2% $5,872,270 -2% $5,872,270 -2%
REVENUE & EXPENDITURE SUMMARY
REVENUES $5,977,197 ($650,127) $5,327,070 -11% $5,171,340 -13% $4,482,950 -25%
EXPENDITURES ($5,981,134) $108,854 ($5,872,280) 2% ($5,872,270) -2% ($5,872,270) -2%
NET ($3,937) ($541,273) ($545,210) ($700,930) ($1,389,320)
I.13.a
Packet Pg. 482
At
t
a
c
h
m
e
n
t
:
R
e
s
o
l
u
t
i
o
n
d
e
c
l
a
r
i
n
g
a
F
i
s
c
a
l
E
m
e
r
g
e
n
c
y
d
u
e
t
o
C
O
V
I
D
-
1
9
[
R
e
v
i
s
i
o
n
6
]
(
D
i
s
c
u
s
s
i
o
n
o
f
P
o
t
e
n
t
i
a
l
B
u
d
g
e
t
I
m
p
a
c
t
s
A
s
s
o
c
i
a
t
e
d
w
i
t
h
Page 7 of 7
City of Grand Terrace
FY2019-2020 Year-End Projection and 2020-21 Possible Scenarios
Budget Projected Adjustments Year-End Projection
Exp % Year- End Proj
Projection-1 2020-21
Exp % Year- End Proj
Projection-2 2020-21
Exp % Year- End Proj
Additional Expenditures to consider in FY2020-21
1. Sheriff's Amendment #27 (Schedule A increase) ($136,457) ($136,457) 2. Absorption of former Child Care program's Unfunded Accrued Liability (UAL) portion ($150k) & overall UAL increase ($30k) ($185,000) ($185,000) 3. Annual Debt Service payment to Wastewater Fund for $900,000 Loan ($108,000) ($108,000)
POTENTIAL DEFICIT ($1,130,387) ($1,818,777)
I.13.a
Packet Pg. 483
At
t
a
c
h
m
e
n
t
:
R
e
s
o
l
u
t
i
o
n
d
e
c
l
a
r
i
n
g
a
F
i
s
c
a
l
E
m
e
r
g
e
n
c
y
d
u
e
t
o
C
O
V
I
D
-
1
9
[
R
e
v
i
s
i
o
n
6
]
(
D
i
s
c
u
s
s
i
o
n
o
f
P
o
t
e
n
t
i
a
l
B
u
d
g
e
t
I
m
p
a
c
t
s
A
s
s
o
c
i
a
t
e
d
w
i
t
h