07/12/2022CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● JULY 12, 2022
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
COMMENTS FROM THE PUBLIC The public is encouraged to address the City Council on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council, please complete a Request to Speak card located at the front entrance and provide it to the City Clerk. Speakers will be called upon by the Mayor at the appropriate time and each person is allowed three (3) minutes speaking time. If you would like to participate telephonically and speak on an agenda item, you can access the meeting by dialing the following telephone number 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: 894 5264 5623 Password: 859426 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 x230 by 5:00 p.m. If you wish to have your comments read to the City Council during the appropriate Public Comment period, please indicate in the Subject Line “FOR PUBLIC COMMENT” and list the item number you wish to comment on. Comments that you want read to the City Council will be subject to the three (3) minute time limitation (approximately 350 words). Pursuant to the provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting. PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 1st Floor Lobby Area and 2nd Floor Reception Area during regular business hours and on the City’s website www.grandterrace-ca.gov. For further information regarding agenda items, please contact the office of the City Clerk at (909) 824-6621 x230, or via e-mail at dthomas@grandterrace-ca.gov. Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk’s office at City Hall located at 22795 Barton Road during normal business hours. In addition, such documents will be posted on the City’s website at www.grandterrace-ca.gov. AMERICANS WITH DISABILITIES ACT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office, (909) 824-6621 x230 at least 48 hours prior to the advertised starting time of the meeting. This will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Later requests will be accommodated to the extent feasible.
Agenda Grand Terrace City Council July 12, 2022
City of Grand Terrace Page 2
CALL TO ORDER
Convene City Council.
Invocation
Pledge of Allegiance
Roll Call
Attendee Name Present Absent Late Arrived
Mayor Darcy McNaboe
Mayor Pro Tem Bill Hussey
Council Member Sylvia Robles
Council Member Doug Wilson
Council Member Jeff Allen
A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
B. SPECIAL PRESENTATIONS - NONE
C. 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 – 06/28/2022
DEPARTMENT: CITY CLERK
3. March 3, 2022, and May 19, 2022, Planning Commission Meeting Minutes Update
RECOMMENDATION: Receive and file.
DEPARTMENT: CITY CLERK
Agenda Grand Terrace City Council July 12, 2022
City of Grand Terrace Page 3
4. Approval of the May-2022 Check Register in the Amount of $493,915.31
RECOMMENDATION:
Approve the Check Register No. 05312022 in the amount of $493,915.31 as submitted,
for the month ending May 31, 2022.
DEPARTMENT: FINANCE
5. Historical & Cultural Activities Committee Members Resignations and Authorization to Post Notice of Vacancies
RECOMMENDATION:
Accept the Resignations of Historical & Cultural Activities Committee Members Frank’e Byma and Michelle Greer, Direct the City Clerk to Prepare and Send a Letter of Appreciation on Behalf of the City Council and Direct the City Clerk to Post Notice of Vacancies
DEPARTMENT: CITY CLERK
6. Review of Local Conflict of Interest Code to Comply with the Political Reform Act
RECOMMENDATION: 1. Direct staff to review the City's Conflict of Interest Code for amendments; and 2. Authorize the City Manager to execute the 2022 Local Agency Biennial Review
Notice indicating whether amendments are required and submit to the City
Council no later than October 3, 2022.
DEPARTMENT: CITY CLERK
7. Resolution Declaring Real Property Being Acquired by the City with APNs 1167-231-10 & 1167-231-22 Non-Exempt Surplus Land and Not Necessary for City’s Use Pursuant
to the Surplus Land Act; Taking Related Actions; and Authorizing Staff to Proceed to
Dispose of the Property Pursuant to the Surplus Land Act
RECOMMENDATION: 1. Adopt a Resolution entitled "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DECLARING PURSUANT TO THE SURPLUS LAND AC
THAT REAL PROPERTY (APNs 1167-231-10 & 1167-231-22) OWNED BY THE
CITY OF GRAND TERRACE IS NON-EXEMPT SURPLUS LAND WHICH IS NOT NECESSARY FOR THE CITY'S USE; TAKING RELATED ACTIONS; AND AUTHORIZING STAFF TO PROCEED TO DISPOSE OF THE PROPERTY PURSUANT TO THE SURPLUS LAND ACT"
2. Authorize the Mayor to sign the Resolution upon the close of escrow for the
acquisition of the Real Property with APNs 1167-231-10 & 1167-231-22
DEPARTMENT: CITY ATTORNEY
Agenda Grand Terrace City Council July 12, 2022
City of Grand Terrace Page 4
8. Determination of Public Convenience or Necessity Finding Pursuant to Business and Professions Code Section 23958.4 for Pending Type 20 Beer and Wine License for
Walgreens Store No. 12841, Located at 22456 Barton Road
RECOMMENDATION: 1. Make a positive finding of Public Convenience or Necessity for a Type 20 Off-Sale Beer and Wine License for Walgreens located at 22456 Barton Road; and 2. Direct Staff to Issue the Proposed Public Convenience or Necessity Letter to the
California Department of Alcohol Beverage Control in Support of Walgreens Type 20
Off-Sale Beer and Wine License.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
9. Amendments Extending the Term of Two Professional Service Agreements for on Call Planning and Environmental Services with Michael Baker International and Moore,
Iacofano, Goltsman, Inc., Respectively, to June 30, 2023
RECOMMENDATION: 1. Approve the Amendment to the Professional Services Agreements Between the City of Grand Terrace and Michael Baker International for on-call planning services, which extends the term thereof to June 30, 2023, subject to the City Manager’s
approval/negotiation and the City Attorney’s approval as to form; and
2. Approve the Amendment to the Professional Services Agreements Between the City of Grand Terrace and Moore Iacofano Goltsman, Inc. for on-call planning services, which extends the term thereof to June 30, 2023, subject to the City Manager’s approval/negotiation and the City Attorney’s approval as to form; and
3. Authorize the City Manager to execute both the above-mentioned Amendments,
subject to the City Manager’s approval/negotiation and the City Attorney’s approval as to form.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
10. Award and Approve Agreement with Bell Roof Company, Inc. for Grand Terrace Civic Center Re-Roof and Repair Services
RECOMMENDATION: 1. Award and Approve an Agreement for Re-roof and Repair Services at the Grand Terrace Civic Center Building to Bell Roof Company, Inc. in the amount of $211,450 with a 10% Contingency ($21,145). 2. Authorize the City Manager to execute the Agreement subject to City Attorney
approval as to form.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
Agenda Grand Terrace City Council July 12, 2022
City of Grand Terrace Page 5
11. Authorize Purchase Order for Procurement of Three Ford Service Trucks
RECOMMENDATION:
1. Authorize the expenditure of $159,981.46 from ARPA Fund (Fund 94) for the
purchase of two Ford F150 and one F250 service truck 2. Authorize City Manager to execute a purchase order and all necessary sales documentation to procure Ford Trucks from Sunrise Ford Motor Dealer
DEPARTMENT: PUBLIC WORKS
12. Approval of a Contractor Agreement Between The City of Grand Terrace and West
Coast Arborist for Citywide Tree Inventory and Arborist Services
RECOMMENDATION: 1. Approve a Contractor Agreement Between the City of Grand Terrace and West Coast Arborist, Inc. for Citywide Tree Inventory and Arborist Services;
2. Appropriate $289,734 from Measure I Fund 20; and
3. Authorize the City Manager to Execute the Agreement.
DEPARTMENT: PUBLIC WORKS
D. 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.
E. PUBLIC HEARINGS
13. Public Hearing and Adoption of Resolution Relating to Rate Increases for Solid Waste, Recycling, Disposal Service & Waste Collection) Rate Increase
RECOMMENDATION:
1. Conduct a public hearing to consider adoption of rate increases for solid waste, recycling, disposal service & waste collection) rate increase 2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA APPROVING AN INCREASE IN SOLID WASTE,
RECYCLING, DISPOSAL SERVICE & WASTE COLLECTION) RATE INCREASE
DEPARTMENT: PUBLIC WORKS
Agenda Grand Terrace City Council July 12, 2022
City of Grand Terrace Page 6
14. 2022-2023 Landscape & Lighting Assessment District 89-1 Public Hearing and Adoption of Resolution Ordering the Levy and Collection of Assessments Therefore and Approval
of Agreements with the County for the Collection Thereof
RECOMMENDATION: 1) Conduct The Public Hearing; And 2) Adopt A Resolution Of The City Council Of The City Of Grand Terrace Approving The Engineer’s Annual Levy Report For, And Confirming The Diagram And
Assessment And Ordering The Levy And Collection Of Assessments Within, The
City Of Grand Terrace Landscaping And Street Lighting District No. 89-1, Fiscal Year 2022-2023 3) Approve The “Auditor-Controller/Treasurer/Tax Collector Agreement For Collection Of Special Taxes, Fees, And Assessments Fiscal Year 2022-2023” For The City And
“The Auditor-Controller/Treasurer/Tax Collector Agreement For Collection Of Special
Taxes, Fees, And Assessments Fiscal Year 2022-2023” For The District And Authorize The Mayor To Sign Thereof Subject To City Attorney Approval As To Form
DEPARTMENT: PUBLIC WORKS
F. UNFINISHED BUSINESS
G. NEW BUSINESS
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE
I. CITY COUNCIL COMMUNICATIONS
Council Member Jeff Allen
Council Member Doug Wilson
Council Member Sylvia Robles
Mayor Pro Tem Bill Hussey
Mayor Darcy McNaboe
J. CITY MANAGER COMMUNICATIONS
Agenda Grand Terrace City Council July 12, 2022
City of Grand Terrace Page 7
K. RECESS TO CLOSED SESSION
CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government
Code Section 54957(b)(1)
TITLE: City Manager
RECONVENE TO OPEN SESSION
REPORT OUT OF CLOSED SESSION
L. ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, July 26, 2022, 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 ● JUNE 28, 2022
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, June 28, 2022 at 6:00 p.m.
Mayor McNaboe announced that the City Council will be closing its meeting in memory of Centenarian Maria Candelaria Gomez.
INVOCATION
Pastor Daniel Pinedo of Living Word Inland Empire Church led the Invocation.
PLEDGE OF ALLEGIANCE
Adrian Guerra, City Attorney led the Pledge of Allegiance.
Attendee Name Title Status Arrived
Darcy McNaboe Mayor Present
Bill Hussey Mayor Pro Tem Present
Sylvia Robles Council Member Present
Doug Wilson Council Member Absent
Jeff Allen Council Member Present
Konrad Bolowich City Manager Present
Adrian Guerra City Attorney Present
Debra Thomas City Clerk Present
Terry Shea Interim Finance Director Present
A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
None.
B. SPECIAL PRESENTATIONS
Anessa “Nessi” Campos, US Deaf Women’s National Soccer Team accepted a Commendation presented to her from the City Council, as well as a crystal Key to the City and Key to the City lapel pin for her Deaflympics Gold Medal accomplishment.
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Minutes Grand Terrace City Council June 28, 2022
City of Grand Terrace Page 2
C. PUBLIC COMMENT
Johan Gallo, Grand Terrace commented the positive change and the work that the City Manager has put into changing the business and event climate.
Glen Kendall, Grand Terrace expressed his concern with the City’s code enforcement, neighborhood parking and street sweeper issues. Scott Welsher, Grand Terrace expressed his concern with the City’s code enforcement,
neighborhood parking and street sweeper issues.
Juanita Odenbaugh, Grand Terrace expressed concern about the storage facility development and signage in her neighborhood.
D. NEW BUSINESS
1. Appoint Three (3) Planning Commission Members to Fill Three (3) New Four-Year Terms Expired June 30, 2022
Mayor McNaboe outlined the interview process to the applicants and they were then escorted to the Community Room to wait while each individual interview proceeded.
Mayor McNaboe, Mayor Pro Tem Hussey, Council Members Robles and Allen pulled names to set the order of interviews as follows: Edward Giroux, Scot Mathis, Aron Burian and Brian Phelps.
Mayor McNaboe directed Adrian Guerra, City Attorney to ask the following five (5)
questions of each Applicant as a group as follows: 1. Do you understand that the Planning Commission is not an independent governing body, but rather, a body that reports to, and is subject to the authority granted to it
by the City Council? (For example, the Planning Commission is an advisory body to
the City Council on matters of policy and a quasi-judicial body on certain land use decisions with appeal rights to the City Council). 2. Are you available to meet the Planning Commission required attendance the
minimum two meetings per month?
3. Are you willing to commit to the training requirements of the Planning Commission which includes regulated and state mandated training?
4. Are you able to commit to technical training that may require you to travel at least
once a year?
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Minutes Grand Terrace City Council June 28, 2022
City of Grand Terrace Page 3
5. Are you aware that as a member of the Planning Commission, your ability to make public comments may be limited because some land use items may be referred to the Planning Commission?
Applicants Edward Giroux, Scot Mathis, Aron Burian and Brian Phelps answered yes to each of the five (5) questions. The Mayor, Mayor Pro Tem and each Council Member chose a question to ask each
applicant as follows:
Council Member Questions Time Limit
Mayor McNaboe Please provide an introductory statement
about yourself.
1 Minute
Mayor Pro Tem Hussey Please explain your interest in serving on the
Planning Commission and how your
background will benefit the Commission and
the Community.
2 Minutes
Council Member Robles Please identify what you think are some of the
key development issues facing Grand Terrace in the next 5 to 10 years.
2 Minutes
Council Member Allen As you look back during your years living in
the City, are you satisfied with where Grand
Terrace is at today? If not, please explain. If
so, please explain.
2 Minutes
Mayor McNaboe As a Planning Commissioner, what is your
role in implementing the City’s 2030 Vision
Plan?
2 Minutes
Mayor McNaboe Please provide any additional information. 1 Minute
At this time, all applicants were escorted from the Council Chamber except for Edward Giroux who was interviewed first. The remaining applicants were interviewed in the following order: Scot Mathis, Aron Burian and Brian Phelps. The applicants were all
asked the questions listed above and allowed the assigned time to provide their
answers. Upon completion of the interview process the City Council voted, by ballot, their three appointees as follows:
Council Member Jeff Allen selected: Scot Mathis Edward Giroux Brian Phelps
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Minutes Grand Terrace City Council June 28, 2022
City of Grand Terrace Page 4
Council Member Sylvia Robles selected: Edward Giroux
Aron Burian
Scot Mathis Mayor Pro Tem Bill Hussey
Edward Giroux
Brian Phelps Aron Burian Mayor Darcy McNaboe
Edward Giroux Scot Mathis Aron Burian
Edward Giroux was appointed to the Planning Commission with a majority vote of four
(4) out of four (4) Council Members. Scot Mathis was appointed to the Planning Commission with a majority vote of three (3) out of four (4) Council Members.
Aron Burian was appointed to the Planning Commission with a majority vote of three (3) out of four (4) Council Members.
RESULT: APPROVED [UNANIMOUS]
AYES: Darcy McNaboe, Bill Hussey, Sylvia Robles, Jeff Allen
ABSENT: Doug Wilson
E. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Hussey, Mayor Pro Tem
SECONDER: Sylvia Robles, Council Member
AYES: Darcy McNaboe, Bill Hussey, Sylvia Robles, Jeff Allen
ABSENT: Doug Wilson
2. Approval of Minutes – Regular Meeting – 06/14/2022
APPROVE THE REGULAR MEETING MINUTES FOR JUNE 14, 2022
3. City Department Monthly Activity Report - April 2022
RECEIVE AND FILE.
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Minutes Grand Terrace City Council June 28, 2022
City of Grand Terrace Page 5
4. Adopt the Revised Special Event Ordinance to the Grand Terrace Municipal Code (GTMC) 8.50
THAT THE CITY COUNCIL ADOPT THE REVISED SPECIAL EVENT ORDINANCE
TO THE GRAND TERRACE MUNICIPAL CODE (GTMC) 8.50
5. Commitment of Fund Balance for Fiscal Year 2021-2022 in Accordance with Governmental Accounting Standards Board Statement No. 54 and City Reserves Policy No. 3.06
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, COMITTING FUND BALANCE FOR FISCAL YEAR 2021-22 IN ACCORDANCE WITH GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT 54 AND CITY RESERVES POLICY NO. 3.06
6. Funding Agreement Between Omnitrans and the City of Grand Terrace for Measure "I" Funds for the City's Senior Transportation Program;
1. APPROVE THE TWO-YEAR CONTRACT WITH OMNITRANS FOR THE FOLLOWING: A. A NOT TO EXCEED AMOUNT OF $173,703 IN OPERATING EXPENSES, WITH AN ANNUAL NOT TO EXCEED AMOUNT OF $86,965 IN FISCAL YEAR 2022-23, AND $86,738 IN FISCAL 2023-24; AND
B. A NOT TO EXCEED AMOUNT OF $46,800 IN CAPITAL EXPENSES, WITH AN ANNUAL NOT TO EXCEED AMOUNT OF $46,800 IN FISCAL YEAR 2022-23, 2. DIRECT THE CITY MANAGER TO EXECUTE THE AGREEMENT SUBJECT TO THE CITY ATTORNEY APPROVAL AS TO FORM.
7. Amendment No. 9 to the Waste Disposal Agreement Between the City of Grand Terrace
and the County of San Bernardino
1) ADOPT A RESOLUTION OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING AMENDMENT NO. 9, TO THE WASTE DISPOSAL AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF GRAND TERRACE; AND
2) AUTHORIZE THE MAYOR TO SIGN THE AMENDMENT NO. 9 SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM.
Agenda Item E.8 was pulled for discussion by Mayor Pro Tem Hussey
8. Award of Contract for the Capital Improvement Project (CIP 2022-1)
STAFF RECOMMENDS THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS: 1. FIND THAT THE CAPITAL IMPROVEMENT PROJECT (CIP 2022-1) IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PURSUANT TO CEQA REGULATIONS SECTION 15301(C) AND AUTHORIZE THE PREPARATION AND FILING OF A NOTICE OF EXEMPTION AS APPLICABLE.
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Minutes Grand Terrace City Council June 28, 2022
City of Grand Terrace Page 6
2 AWARD THE CAPITAL IMPROVEMENT PROJECT (CIP 2022-1) TO HARDY & HARPER, INC. ON THE BASE BID ONLY AND APPROVE THE PUBLIC WORKS AGREEMENT WITH HARDY & HARPER, INC. IN THE AMOUNT OF $570,000,
PLUS A 10% CONTINGENCY ($57,000) FOR THE CONSTRUCTION OF THE CAPITAL IMPROVEMENT PROJECT (CIP 2022-1) AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM; 3 AWARD A CONTRACT TO WILLDAN FOR INSPECTION SERVICES FOR 2021-
22 CAPITAL IMPROVEMENT PROJECT (CIP 2022-1) IN THE AMOUNT OF $30,240, PLUS A 10% CONTINGENCY ($3,024), AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM.
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Hussey, Mayor Pro Tem
SECONDER: Sylvia Robles, Council Member
AYES: Darcy McNaboe, Bill Hussey, Sylvia Robles, Jeff Allen
ABSENT: Doug Wilson
F. PUBLIC HEARINGS - NONE
G. UNFINISHED BUSINESS - NONE
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE
I. CITY COUNCIL COMMUNICATIONS
Council Member Jeff Allen
Nothing to Report.
Council Member Sylvia Robles
Nothing to Report.
Mayor Pro Tem Bill Hussey
Nothing to Report.
Mayor Darcy McNaboe
Nothing to Report.
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Minutes Grand Terrace City Council June 28, 2022
City of Grand Terrace Page 7
J. CITY MANAGER COMMUNICATIONS
Konrad Bolowich, City Manager announced the following:
• National Orange Show will be hosting a Rave on Saturday, July 2, 2022
• The property located at 22300 Barton Road has been razed and it is now a vacant lot for development
K. RECESS TO CLOSED SESSION
Mayor McNaboe recessed the regular meeting of the City Council at 7:15 p.m.
CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code
Section 54957(b)(1)
TITLE: City Attorney
RECONVENE TO OPEN SESSION
Mayor McNaboe reconvened the regular meeting of the City Council at 7:49 p.m.
REPORT OUT OF CLOSED SESSION
Mayor McNaboe announced that there was no reportable action taken however direction was given to staff.
L. ADJOURN
Mayor McNaboe adjourned the Regular Meeting of the City Council in memory of Centenarian Maria Candelaria Gomez at 7:40 p.m. The Next Regular Meeting of the
City Council will be held on Tuesday, July 12, 2022, at 6:00 p.m.
_________________________________
Darcy McNaboe, Mayor
_________________________________
Debra Thomas, City Clerk
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AGENDA REPORT
MEETING DATE: July 12, 2022 Council Item
TITLE: March 3, 2022 and May 19, 2022 Planning Commission Meeting Minutes Update
PRESENTED BY: Debra Thomas, City Clerk
RECOMMENDATION: Receive and file.
2030 VISION STATEMENT:
This staff report supports Goal #5, Engage in Proactive Communication.
BACKGROUND:
Beginning with the November 14, 2017, City Council meeting, the City Clerk was
directed by the City Manager to provide Council with a copy of the Planning
Commission, Historical & Cultural Activities Committee and Volunteer Emergency
Operations Committee minutes to keep Council up-to-date on those
Commission/Committee activities and on January 16, 2018, the City Manager requested
that the Parks & Recreation Advisory minutes be included in the
Committee/Commission Report.
DISCUSSION:
On June 16, 2022, the Planning Commission held its Regular Meeting and approved its
March 3, 2022 and May 19, 2022, Regular Meeting minutes. The minutes for these
meetings are included as attachments to this report. The Commission’s next Regular
Meeting is scheduled for July 7, 2022.
Parks & Recreation Advisory Committee – Nothing to Report.
Historical & Cultural Activities Committee – Nothing to Report.
FISCAL IMPACT:
None.
ATTACHMENTS:
• March 3, 2022 - PC Minutes (PDF)
• May 19, 2022 - PC Minutes (PDF)
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APPROVALS:
Debra Thomas Completed 06/28/2022 4:26 PM
City Manager Completed 06/28/2022 4:55 PM
City Council Pending 07/12/2022 6:00 PM
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CITY OF GRAND TERRACE
PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD
MINUTES ● MARCH 3, 2022
Council Chambers Regular Meeting 6:30 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace
CALL TO ORDER
Planning Commissioner Tara Ceseña convened the Regular Meeting of the Planning Commission/Site and Architectural Review Board for Thursday, March 3, 2022, at 6:30 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Planning Commissioner Jeffrey McConnell
Attendee Name Title Status Arrived
Edward A. Giroux Chairman Remote
Tara Ceseña Commissioner Present
Jeffrey McConnell Commissioner Present
David Alaniz Commissioner Present
Konrad Bolowich City Manager Present
Robert Khuu Assistant City Attorney Present
Haide Aguirre Associate Planner Present
Debra Thomas City Clerk Present
APPROVAL OF AGENDA
1.Motion: APPROVAL OF MARCH 3, 2022, AGENDA
RESULT: ADOPTED [UNANIMOUS]
MOVER: David Alaniz, Commissioner
SECONDER: Jeffrey McConnell, Commissioner
AYES: Edward A. Giroux, Tara Ceseña, Jeffrey McConnell, David Alaniz
PRESENTATIONS
None.
PUBLIC ADDRESS Konrad Bolowich, City Manager took the opportunity to introduce himself to the Planning
Commission.
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Minutes Grand Terrace Planning Commission/Site and Architectural Review Board March 3, 2022
City of Grand Terrace
A. CONSENT CALENDAR
2.Approval of Minutes – Regular Meeting – 02/03/2022
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Jeffrey McConnell, Commissioner
SECONDER: David Alaniz, Commissioner
AYES: Edward A. Giroux, Tara Ceseña, Jeffrey McConnell, David Alaniz
B. ACTION ITEMS
1.Consideration of a General Plan Conformity Finding Regarding the Donation of and theCity of Grand Terrace’s Acceptance of Real Property Generally Located at PrestonStreet & Barton Road (APN 0276-213-47-0-000) from Angeline Petta, Trustee of the
Family Trust of Anthony Peta, Pursuant to Government Code Section 65402
Haide Aguirre, Associate Planner gave the staff report and PowerPoint presentation forthis item.
1)ADOPT A RESOLUTION OF THE PLANNING COMMISSION/SITE AND
ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE,
FINDING THAT THE GENERAL PLAN CONFORMITY FINDING PURSUANT TO
GOVERNMENT CODE SECTION 65402 FOR THE DONATION OF AND THE CITY
OF GRAND TERRACE’S ACCEPTANCE OF REAL PROPERTY LOCATED AT
THE NORTHEAST CORNER OF PRESTON STREET AND BARTON ROAD IN
THE CITY OF GRAND TERRACE (APN 0276-213-47-0-000 AND
APPROXIMATELY 1.76-ACRES) IS NOT SUBJECT TO ENVIRONMENTAL
REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) GUIDELINES SECTIONS 15060(C)(3), 15378(B)(5), AND 15061(B)(3);
AND FINDING GENERAL PLAN CONFORMITY PURSUANT TO GOVERNMENT
CODE SECTION 65402 FOR SUCH DONATION AND CITY OF GRAND
TERRACE’S ACCEPTANCE THEREOF
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeffrey McConnell, Commissioner
SECONDER: David Alaniz, Commissioner
AYES: Edward A. Giroux, Tara Ceseña, Jeffrey McConnell, David Alaniz
Page 2
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Minutes Grand Terrace Planning Commission/Site and Architectural Review Board March 3, 2022
City of Grand Terrace
C. PUBLIC HEARINGS
2.Consider Recommending that City Council Adopt Ordinances Establishing ObjectiveStandards for Implementation of Senate Bill No. 9 Pertaining to Urban Lot Splits and
Two-Unit Developments and Updating the City's Regulations for Accessory Dwelling
Units.
Haide Aguirre, Associate Planner gave the staff report and PowerPoint presentation forthis item.
Discussion ensued with various questions from all of the Planning Commissioner
members.
Commissioner McConnell moved, with a second from Chair Giroux to approve staff recommendation to include the following stipulations:
•Add language to the section of the ordinance talking about tank test to beconsistent with the Santa Ana Regional Water Quality Control Board’s basin planand county standards, as well as California plumbing code for lots dependent on
the use of onsite wastewater treatment systems and any applicable standards.
•Require water connections to the existing main line to the extent permitted bystate law
•Except for the exceptions required by state law we would require one parkingspace both for ADUs and for SB9 units and that parking space needs to be inaddition to all existing parking spaces on the lot
•If the existing septic system or any supportive portion of the septic system on theproperty is more than 200 feet from the main sewer line, and the project requiresa connection to the existing system, staff will need to make an administrative
decision to determine if there is sufficient unencumbered area within the
boundaries of the property to replace, improve, or relocate the septic system tosupport the additional living spaces. If unencumbered area will not support anyportion of the upgrade or relocation of the septic system, staff can deny theproject on the basis of a finding of adverse impact.
•Planning Commission to provide direction to staff to ensure that everythingadded to the ordinance complies with State law.
ADOPT A RESOLUTION OF THE PLANNING COMMISSION/SITE AND
ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, FINDING THE ADOPTION OF SB 9 REGULATIONS, AS PROVIDED HEREIN, IS NOT A PROJECT FOR PURPOSES OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N); FINDING THAT THE ADOPTION OF AN
ORDINANCE REGARDING SECOND UNITS (ADUS) IN A SINGLE-FAMILY OR
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Minutes Grand Terrace Planning Commission/Site and Architectural Review Board March 3, 2022
City of Grand Terrace
MULTIFAMILY RESIDENTIAL ZONE TO IMPLEMENT GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22, AS PROVIDED HEREIN, IS EXEMPT FROM CEQA REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17;
AND RECOMMENDING THAT THE CITY COUNCIL ADOPT PROPOSED ORDINANCES ESTABLISHING OBJECTIVE STANDARDS FOR SB 9 LOT SPLITS AND DEVELOPMENTS, AND, FURTHER, UPDATING CITY REGULATIONS REGARDING ADUS
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeffrey McConnell, Commissioner
SECONDER: Edward A. Giroux, Chairman
AYES: Edward A. Giroux, Tara Ceseña, Jeffrey McConnell, David Alaniz
D. INFORMATION TO COMMISSIONERS
Associate Planner Aguirre announced the 15th Annual Blue Mountain Hike scheduled for Sunday, March 6, 2022, beginning at 8:00 a.m.
Robert Khuu, Assistant City Attorney provided an update to the Planning Commission
with respect to the last planning commission meeting in relation to the general plan conformity finding and Commissioner Alaniz’ request that staff check into what lot the City is actually purchasing from SBCTA. Staff confirmed that legal description in the Purchase & Sale Agreement only describes what staff depicted at the last meeting.
E. INFORMATION FROM COMMISSIONERS
Commissioner McConnell asked if there were any updates on the old Stater Bros. project.
Commissioner Alaniz asked if there was any update on the Piara Pizza/Wingstop
update.
Luis Gardea, Building Official informed the Planning Commission that the project will move forward within the next couple of weeks.
Commissioner Alaniz asked if the Planning Commission vacancy has been posted and published.
Commissioner McConnell requested an update on the Patrick O’Brien project.
Building Official Gardea informed the Planning Commission that the project is going through precise grading and a meeting is scheduled with the project representative to discuss the placement of the prefabricated office building.
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Minutes Grand Terrace Planning Commission/Site and Architectural Review Board March 3, 2022
City of Grand Terrace
ADJOURN
Commissioner Ceseña adjourned the regular meeting of the Planning Commission/Site
and Architectural Review Board at 8:40 p.m. The Next regular meeting of the Planning
Commission/Site and Architectural Review Board to be held on March 17, 2022, at 6:30
p.m.
_________________________________
Edward Giroux, Chairman of the Grand Terrace Planning Commission
_________________________________
Debra Thomas, City Clerk
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CITY OF GRAND TERRACE
PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD
MINUTES ● MAY 19, 2022
Council Chambers Regular Meeting 6:30 PM PST
Grand Terrace Civic Center ● 22795 Barton Road
Teleconference Location 9:30 PM EST
La Quinta Inn by Wyndham Amarillo Mid-City ● 1708 I-40, Room 216 ● Amarillo, Texas 79103
City of Grand Terrace
CALL TO ORDER
Planning Commissioner Tara Ceseña convened the Regular Meeting of the Planning Commission/Site and Architectural Review Board for Thursday, May 19, 2022, at 6:30 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Planning Commissioner David Alaniz.
Attendee Name Title Status Arrived
Edward A. Giroux Chairman Remote
Tara Ceseña Commissioner Present
David Alaniz Commissioner Present
Konrad Bolowich City Manager Present
Robert Khuu Assistant City Attorney Present
Haide Aguirre Associate Planner Present
Debra Thomas City Clerk Present
APPROVAL OF AGENDA
1.Motion: APPROVAL OF AGENDA MAY 19, 2022
RESULT: ADOPTED [UNANIMOUS]
MOVER: Edward A. Giroux, Chairman
SECONDER: David Alaniz, Commissioner
AYES: Edward A. Giroux, Tara Ceseña, David Alaniz
PUBLIC ADDRESS
None.
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Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 19, 2022
City of Grand Terrace
A. CONSENT CALENDAR
2.Approval of Minutes – Regular Meeting – 03/03/2022
Continued to the Next Regular Meeting of the Planning Commission/Site and
Architectural Review Board scheduled for June 2, 2022
RESULT: TABLED [UNANIMOUS]
MOVER: David Alaniz, Commissioner
SECONDER: Edward A. Giroux, Chairman
AYES: Edward A. Giroux, Tara Ceseña, David Alaniz
B. ACTION ITEMS
None.
C. PUBLIC HEARINGS
None.
D. PRESENTATIONS
A. Presentation and Discussion Regarding Objective Design Standards for Multi-Family Housing and Mixed Use Developments
Konrad Bolowich, City Manager presented the staff report and PowerPoint presentation for this item.
The Planning Commissioners provided their suggestions to the amenities list presented, as well as requested clarification to several of the standards presented in the PowerPoint presentation.
1.THAT PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD(FIRST) RECEIVE A PRESENTATION REGARDING OBJECTIVE DESIGNSTANDARDS (ODS) AND (SECOND) DISCUSS AND PROVIDE FEEDBACK TOSTAFF ON THE PROPOSED DRAFT OBJECTIVE DESIGN STANDARDS
RESULT: NO ACTION TAKEN
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Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 19, 2022
City of Grand Terrace
E. INFORMATION TO COMMISSIONERS
Haide Aguirre, Associate Planner provided the Planning Commission with the following information:
•May 30, 2022 – Memorial Day Celebration at Veteran’s Freedom Park
•June 4, 2022 – City of Grand Terrace Community Day Celebration at RichardRollins Park
•June 12, 2022 – Vaccination Clinic at the City of Grand Terrace Dog Park
F. INFORMATION FROM COMMISSIONERS
March 16-18, 2022, Commissioner Ceseña attended the Planning Commissioners Academy held in San Ramon, California. She reported during the conference a lot of discussion was held on the ODS standards that were presented to the Commissioners
at tonight’s meeting. She expressed her appreciation to staff registering her for this
informative annual conference.
ADJOURN
Adjourn to the next scheduled meeting of the Site and Architectural Review
Board/Planning Commission to be held on June 2, 2022 at 6:30 p.m.
_________________________________ Edward Giroux, Chairman of the Grand
Terrace Planning Commission
_________________________________ Debra L. Thomas, City Clerk
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CITY OF GRAND TERRACE
PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD
MINUTES ● MARCH 3, 2022
Council Chambers Regular Meeting 6:30 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace
CALL TO ORDER
Planning Commissioner Tara Ceseña convened the Regular Meeting of the Planning Commission/Site and Architectural Review Board for Thursday, March 3, 2022, at 6:30 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Planning Commissioner Jeffrey McConnell
Attendee Name Title Status Arrived
Edward A. Giroux Chairman Remote
Tara Ceseña Commissioner Present
Jeffrey McConnell Commissioner Present
David Alaniz Commissioner Present
Konrad Bolowich City Manager Present
Robert Khuu Assistant City Attorney Present
Haide Aguirre Associate Planner Present
Debra Thomas City Clerk Present
APPROVAL OF AGENDA
1.Motion: APPROVAL OF MARCH 3, 2022, AGENDA
RESULT: ADOPTED [UNANIMOUS]
MOVER: David Alaniz, Commissioner
SECONDER: Jeffrey McConnell, Commissioner
AYES: Edward A. Giroux, Tara Ceseña, Jeffrey McConnell, David Alaniz
PRESENTATIONS
None.
PUBLIC ADDRESS Konrad Bolowich, City Manager took the opportunity to introduce himself to the Planning
Commission.
Page 1
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Minutes Grand Terrace Planning Commission/Site and Architectural Review Board March 3, 2022
City of Grand Terrace
A. CONSENT CALENDAR
2.Approval of Minutes – Regular Meeting – 02/03/2022
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Jeffrey McConnell, Commissioner
SECONDER: David Alaniz, Commissioner
AYES: Edward A. Giroux, Tara Ceseña, Jeffrey McConnell, David Alaniz
B. ACTION ITEMS
1.Consideration of a General Plan Conformity Finding Regarding the Donation of and theCity of Grand Terrace’s Acceptance of Real Property Generally Located at PrestonStreet & Barton Road (APN 0276-213-47-0-000) from Angeline Petta, Trustee of the
Family Trust of Anthony Peta, Pursuant to Government Code Section 65402
Haide Aguirre, Associate Planner gave the staff report and PowerPoint presentation forthis item.
1)ADOPT A RESOLUTION OF THE PLANNING COMMISSION/SITE AND
ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE,
FINDING THAT THE GENERAL PLAN CONFORMITY FINDING PURSUANT TO
GOVERNMENT CODE SECTION 65402 FOR THE DONATION OF AND THE CITY
OF GRAND TERRACE’S ACCEPTANCE OF REAL PROPERTY LOCATED AT
THE NORTHEAST CORNER OF PRESTON STREET AND BARTON ROAD IN
THE CITY OF GRAND TERRACE (APN 0276-213-47-0-000 AND
APPROXIMATELY 1.76-ACRES) IS NOT SUBJECT TO ENVIRONMENTAL
REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) GUIDELINES SECTIONS 15060(C)(3), 15378(B)(5), AND 15061(B)(3);
AND FINDING GENERAL PLAN CONFORMITY PURSUANT TO GOVERNMENT
CODE SECTION 65402 FOR SUCH DONATION AND CITY OF GRAND
TERRACE’S ACCEPTANCE THEREOF
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeffrey McConnell, Commissioner
SECONDER: David Alaniz, Commissioner
AYES: Edward A. Giroux, Tara Ceseña, Jeffrey McConnell, David Alaniz
Page 2
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Minutes Grand Terrace Planning Commission/Site and Architectural Review Board March 3, 2022
City of Grand Terrace
C. PUBLIC HEARINGS
2.Consider Recommending that City Council Adopt Ordinances Establishing ObjectiveStandards for Implementation of Senate Bill No. 9 Pertaining to Urban Lot Splits and
Two-Unit Developments and Updating the City's Regulations for Accessory Dwelling
Units.
Haide Aguirre, Associate Planner gave the staff report and PowerPoint presentation forthis item.
Discussion ensued with various questions from all of the Planning Commissioner
members.
Commissioner McConnell moved, with a second from Chair Giroux to approve staff recommendation to include the following stipulations:
•Add language to the section of the ordinance talking about tank test to beconsistent with the Santa Ana Regional Water Quality Control Board’s basin planand county standards, as well as California plumbing code for lots dependent on
the use of onsite wastewater treatment systems and any applicable standards.
•Require water connections to the existing main line to the extent permitted bystate law
•Except for the exceptions required by state law we would require one parkingspace both for ADUs and for SB9 units and that parking space needs to be inaddition to all existing parking spaces on the lot
•If the existing septic system or any supportive portion of the septic system on theproperty is more than 200 feet from the main sewer line, and the project requiresa connection to the existing system, staff will need to make an administrative
decision to determine if there is sufficient unencumbered area within the
boundaries of the property to replace, improve, or relocate the septic system tosupport the additional living spaces. If unencumbered area will not support anyportion of the upgrade or relocation of the septic system, staff can deny theproject on the basis of a finding of adverse impact.
•Planning Commission to provide direction to staff to ensure that everythingadded to the ordinance complies with State law.
ADOPT A RESOLUTION OF THE PLANNING COMMISSION/SITE AND
ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, FINDING THE ADOPTION OF SB 9 REGULATIONS, AS PROVIDED HEREIN, IS NOT A PROJECT FOR PURPOSES OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N); FINDING THAT THE ADOPTION OF AN
ORDINANCE REGARDING SECOND UNITS (ADUS) IN A SINGLE-FAMILY OR
Page 3
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Minutes Grand Terrace Planning Commission/Site and Architectural Review Board March 3, 2022
City of Grand Terrace
MULTIFAMILY RESIDENTIAL ZONE TO IMPLEMENT GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22, AS PROVIDED HEREIN, IS EXEMPT FROM CEQA REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17;
AND RECOMMENDING THAT THE CITY COUNCIL ADOPT PROPOSED ORDINANCES ESTABLISHING OBJECTIVE STANDARDS FOR SB 9 LOT SPLITS AND DEVELOPMENTS, AND, FURTHER, UPDATING CITY REGULATIONS REGARDING ADUS
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeffrey McConnell, Commissioner
SECONDER: Edward A. Giroux, Chairman
AYES: Edward A. Giroux, Tara Ceseña, Jeffrey McConnell, David Alaniz
D. INFORMATION TO COMMISSIONERS
Associate Planner Aguirre announced the 15th Annual Blue Mountain Hike scheduled for Sunday, March 6, 2022, beginning at 8:00 a.m.
Robert Khuu, Assistant City Attorney provided an update to the Planning Commission
with respect to the last planning commission meeting in relation to the general plan conformity finding and Commissioner Alaniz’ request that staff check into what lot the City is actually purchasing from SBCTA. Staff confirmed that legal description in the Purchase & Sale Agreement only describes what staff depicted at the last meeting.
E. INFORMATION FROM COMMISSIONERS
Commissioner McConnell asked if there were any updates on the old Stater Bros. project.
Commissioner Alaniz asked if there was any update on the Piara Pizza/Wingstop
update.
Luis Gardea, Building Official informed the Planning Commission that the project will move forward within the next couple of weeks.
Commissioner Alaniz asked if the Planning Commission vacancy has been posted and published.
Commissioner McConnell requested an update on the Patrick O’Brien project.
Building Official Gardea informed the Planning Commission that the project is going through precise grading and a meeting is scheduled with the project representative to discuss the placement of the prefabricated office building.
Page 4
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Minutes Grand Terrace Planning Commission/Site and Architectural Review Board March 3, 2022
City of Grand Terrace
ADJOURN
Commissioner Ceseña adjourned the regular meeting of the Planning Commission/Site
and Architectural Review Board at 8:40 p.m. The Next regular meeting of the Planning
Commission/Site and Architectural Review Board to be held on March 17, 2022, at 6:30
p.m.
_________________________________
Edward Giroux, Chairman of the Grand Terrace Planning Commission
_________________________________
Debra Thomas, City Clerk
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CITY OF GRAND TERRACE
PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD
MINUTES ● MAY 19, 2022
Council Chambers Regular Meeting 6:30 PM PST
Grand Terrace Civic Center ● 22795 Barton Road
Teleconference Location 9:30 PM EST
La Quinta Inn by Wyndham Amarillo Mid-City ● 1708 I-40, Room 216 ● Amarillo, Texas 79103
City of Grand Terrace
CALL TO ORDER
Planning Commissioner Tara Ceseña convened the Regular Meeting of the Planning Commission/Site and Architectural Review Board for Thursday, May 19, 2022, at 6:30 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Planning Commissioner David Alaniz.
Attendee Name Title Status Arrived
Edward A. Giroux Chairman Remote
Tara Ceseña Commissioner Present
David Alaniz Commissioner Present
Konrad Bolowich City Manager Present
Robert Khuu Assistant City Attorney Present
Haide Aguirre Associate Planner Present
Debra Thomas City Clerk Present
APPROVAL OF AGENDA
1.Motion: APPROVAL OF AGENDA MAY 19, 2022
RESULT: ADOPTED [UNANIMOUS]
MOVER: Edward A. Giroux, Chairman
SECONDER: David Alaniz, Commissioner
AYES: Edward A. Giroux, Tara Ceseña, David Alaniz
PUBLIC ADDRESS
None.
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Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 19, 2022
City of Grand Terrace
A. CONSENT CALENDAR
2.Approval of Minutes – Regular Meeting – 03/03/2022
Continued to the Next Regular Meeting of the Planning Commission/Site and
Architectural Review Board scheduled for June 2, 2022
RESULT: TABLED [UNANIMOUS]
MOVER: David Alaniz, Commissioner
SECONDER: Edward A. Giroux, Chairman
AYES: Edward A. Giroux, Tara Ceseña, David Alaniz
B. ACTION ITEMS
None.
C. PUBLIC HEARINGS
None.
D. PRESENTATIONS
A. Presentation and Discussion Regarding Objective Design Standards for Multi-Family Housing and Mixed Use Developments
Konrad Bolowich, City Manager presented the staff report and PowerPoint presentation for this item.
The Planning Commissioners provided their suggestions to the amenities list presented, as well as requested clarification to several of the standards presented in the PowerPoint presentation.
1.THAT PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD(FIRST) RECEIVE A PRESENTATION REGARDING OBJECTIVE DESIGNSTANDARDS (ODS) AND (SECOND) DISCUSS AND PROVIDE FEEDBACK TOSTAFF ON THE PROPOSED DRAFT OBJECTIVE DESIGN STANDARDS
RESULT: NO ACTION TAKEN
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Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 19, 2022
City of Grand Terrace
E. INFORMATION TO COMMISSIONERS
Haide Aguirre, Associate Planner provided the Planning Commission with the following information:
•May 30, 2022 – Memorial Day Celebration at Veteran’s Freedom Park
•June 4, 2022 – City of Grand Terrace Community Day Celebration at RichardRollins Park
•June 12, 2022 – Vaccination Clinic at the City of Grand Terrace Dog Park
F. INFORMATION FROM COMMISSIONERS
March 16-18, 2022, Commissioner Ceseña attended the Planning Commissioners Academy held in San Ramon, California. She reported during the conference a lot of discussion was held on the ODS standards that were presented to the Commissioners
at tonight’s meeting. She expressed her appreciation to staff registering her for this
informative annual conference.
ADJOURN
Adjourn to the next scheduled meeting of the Site and Architectural Review
Board/Planning Commission to be held on June 2, 2022 at 6:30 p.m.
_________________________________ Edward Giroux, Chairman of the Grand
Terrace Planning Commission
_________________________________ Debra L. Thomas, City Clerk
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AGENDA REPORT
MEETING DATE: July 12, 2022 Council Item
TITLE: Approval of the May-2022 Check Register in the Amount of $493,915.31
PRESENTED BY: Terry Shea, Interim Finance Director
RECOMMENDATION: Approve the Check Register No. 05312022 in the amount of $493,915.31 as submitted, for the month ending May 31, 2022.
2030 VISION STATEMENT: This staff report supports Goal #1, “Ensuring Our Fiscal Viability”, through the continuous monitoring of expenditure budgets, allocations and operational costs. BACKGROUND: The check register for the month of May-2022 has been prepared in accordance with
Government Code §37202 and is hereby submitted for City Council’s approval. The check register lists all vendor payments for the respective month, along with a brief description of the type of goods or services purchased and the account code(s) associated with each payment. The check registers list all payments made to vendors
and employee reimbursements during the month of May-2022. The attached index to the Check Register is a guideline account list only and is not intended to replace the comprehensive chart of accounts used by the City and Grand Terrace Successor Agency. Expenditure account number formats are XX-XXX-XXX
[Fund-Department-Account]. Expenditures may be made from trust/agency accounts (Fund 23-XXX-) or temporary clearing accounts which do not have a budgetary impact. DISCUSSION:
CHECK REGISTER A total of $493,915.31 in accounts payable checks and/or wires were issued during the period for services, reimbursements, supplies and contracts and are detailed in the
individual monthly register. Below is a table that lists payments larger than $10,000 for the month of May-2022.
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Payments larger than $10,000:
Check No. Payee Description Amount
79036 ALESHIRE & WYNDER LLP MAR 2022 LEGAL SERVICES $22,095.36
79059 TERRY MCDUFFEE REFUND OF STREET IMPROVEMENT DEPOSIT $26,882.00
79063 RAMS FEB 2022 INTERIM FINANCE DIRECTOR SVCS $12,500.00
79064 SB COUNTY SHERIFF MAY 2022 LAW ENFORCEMENT SVCS $189,109.00
79071 ARROWHEAD CREDIT UNION APR-MAY 2022 VISA CHARGES $10,784.27
79072 BURRTEC WASTE INDUSTRIES DELINQUENT TRASH COLLECTIONS $66,323.19
79081 SB COUNTY SHERIFF OCT-DEC 2021 SHERIFF OT, GAS & VEHICLE MAINT $50,327.50
79087 WEST COAST ARBORISTS APR 2022 CITYWIDE TREE MAINT $21,088.00
20154761 SO CAL EDISON APR 2022 ENERGY USAGE $13,825.48
TOTAL PAYMENTS LARGER THAN $10,000 $412,934.80
PAYROLL Payroll costs for the month:
Pay Per. Period Start Period End Pay Date Amount
MAY-22
23 From 04/16/2022 to 04/29/2022 05/05/2022 $48,616.33
24 From 04/30/2022 to 05/13/2022 05/19/2022 $49,010.10
$97,626.43
FISCAL IMPACT:
All disbursements (including payroll) were made in accordance with the Approved Budget for Fiscal Year 2021-22 in the amount of:
Description Amount
MAY-22
Check Register $493,915.31
Payroll $97,626.43
$591,541.74
ATTACHMENTS:
• Check Register Account Index (PDF)
• May Check Register (PDF)
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APPROVALS:
Terry Shea Completed 06/28/2022 1:17 PM
Finance Completed 06/29/2022 2:48 PM
City Manager Completed 07/05/2022 1:15 PM
City Council Pending 07/12/2022 6:00 PM
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CITY OF GRAND TERRACE
FY2020-21
GRAND TERRACE CIVIC CENTER
22795 BARTON ROAD GRAND TERRACE, CA 92313
CHECK REGISTER
Account Index
Darcy McNaboe, Mayor
Bill Hussey, Mayor Pro Tem
Sylvia Robles, Council Member
Doug Wilson, Council Member
Jeff Allen, Council Member
The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6:00 pm.
C.4.a
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Fund
No.Fund Name
Dept
No.Department Cost Center
Acct
No.General Account Numbers
09 CHILD CARE FUND 110 CITY COUNCIL 110 SALARIES/WAGES
10 GENERAL FUND 120 CITY MANAGER 115 OVERTIME
11 STREET FUND 125 CITY CLERK 120 COUNCIL STIPENDS
12 STORM DRAIN FUND 140 FINANCE 138 MEDICARE / SUI
13 PARK FUND 160 CITY ATTORNEY 139 EMPLOYEES' BENEFIT PLAN
14 AB 3229 COPS FUND 172 BUILDING & SAFETY 140 RETIREMENT
15 AIR QUALITY IMPROVEMENT FUND 175 PUBLIC WORKS 142 HEALTH/LIFE INSURANCE
16 GAS TAX FUND 180 COMMUNITY EVENTS 143 WORKERS' COMPENSATION
17 TRAFFIC SAFETY FUND 185 RENTAL INSPECTION PROGRAM 210 OFFICE EXPENSE
18 TRANS. DEV. ACT (T D A FUND)187 ENFORCEMENT PROGRAM 211 POSTAGE & MAILING
19 FACILITIES DEVELOPMENT FUND 190 NON-DEPARTMENTAL 220 SPECIAL DEPARTMENTAL EXP
20 MEASURE I FUND 195 FACILITIES MAINTENANCE 230 ADVERTISING
21 WASTE WATER DISPOSAL FUND 370 PLANNING & DEVELOPMENT SVCS 235 COMMUNICATIONS
22 COMMUNITY DEV. BLOCK GRANT 380 MGT INFORMATION SYSTEMS 238 UTILITIES
25 SPRING MOUNTAIN RANCH FUND 410 LAW ENFORCEMENT 240 RENTS & LEASES
26 LSCPG/ LGHTG ASSESSMENT DIST.411 ASSET FORFEITURES 244 CUSTODIAL SERVICES
32 S/A CAPITAL PROJECTS FUND 430 RECREATION SERVICES 245 MAINT BLDG GRNDS EQUIPMNT
36 S/A 2011 TABS BOND PROCEEDS 441 CHILD CARE - NUTRITION GRANT 246 MAINT/OPER OF EQUIPMNT
45 CIP - COMMERCE WAY 445 CHILD CARE - TINY TOTS 250 PROFESSIONAL SERVICES
46 CIP - STREET IMPROVEMENTS 446 CHILD CARE - AFTER SCHOOL 251 BANKING SERVICE CHARGES
47 CIP - BARTON RD. BRIDGE PROJECT 447 CHILD CARE - PRE-SCHOOL 252 ROAD MAINTENANCE
48 CIP - CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 254 STREET SWEEPING
49 CIP - PARKS 461 COMMUNITY GRANTS 255 CONTRACTUAL SERVICES
50 CAPITAL PROJECT BOND PROCEEDS 500 AIR QUALITY PROGRAMS 256 ANIMAL SHELTERING SVCS
52 HOUSING AUTHORITY 510 STREET & SIGNAL LIGHTING 260 INSURANCE & SURETY BONDS
61 COMMUNITY BENEFITS FUND 573 LINE MAINTENANCE 265 MEMBERSHIPS & DUES
62 LIGHT UP GRAND TERRACE FUND 600 ZONE 1 13364 CANAL -TERR PINES 268 TRAINING
63 ILLEGAL FIREWORKS FUND 601 ZONE 3 TRACT 14471 PICO & ORIOLE 270 TRAVEL/CONFERENCES/MTGS
64 PUBLIC SAFETY FUND 602 ZONE 2 14264 FORREST CITY PHASE II 271 MILEAGE
65 SENIOR BUS PROGRAM FUND 603 ZONE 4 TRACT 17766 GREENBRIAR 625 NPDES
66 CAL RECYCLE GRANT 604 ZONE 5 TRACT 18793 PALOMINO 631 STORM DRAIN MAINTENANCE
67 PUBLIC EDUC & GOVT ACCESS (PEG)605 ZONE 6 TRACT 18071 JADEN 801 PLANNING COMMISSION
68 40TH YR CELEBRATION FUND 606 ZONE 7 TRACT 18604 TESORO/VAN BUREN 804 HISTORICAL & CULTURAL COMM.
69 COMMUNITY DAY FUND 625 NPDES 311 FACILITY IMPROVEMENTS
70 FIXED ASSED/EQUIP REPL FUND 631 STORM DRAIN MAINTENANCE 570 WASTEWATER TREATMENT
73 ACTIVE TRANS PRGM (ATP) GRANT 700 CAPITAL OUTLAY 400 OTHER COMMUNITY GRANTS
74 HIGHWAY SFTY IMPV PRGM (HSIP)705 EVERY 15 MINUTES 601 ELECTRICAL VEHICLE STATIONS
75 EMER MGMT PREP GRANT (EMPG)801 PLANNING COMMISSION 700 COMPUTER EQUIPMENT
76 ENHANCED INFRA FIN DIST (EIFD)804 HISTORICAL & CULTURAL COMMITTEE 701 CAPITAL IMPROVEMENT OTHER
77 SO CAL INCENTIVE PROJECT (SCIP)805 SENIOR CITIZENS PROGRAM 705 VEHICLES
90 COVID-19 EMERGENCY FUND 808 EMERGENCY OPERATIONS PROG.998 OVERHEAD COST ALLOCATION
95 DOG PARK ENDOWMENT FUND 999 TRANSFERS 999 TRANSFERS OUT
City of Grand Terrace Check Register Index
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CITY OF GRAND TERRACE
FY2021-22
GRAND TERRACE CIVIC CENTER
22795 BARTON ROAD GRAND TERRACE, CA 92313
MONTHLY CHECK REGISTER For the
Period Ending May 31, 2022
Darcy McNaboe, Mayor
Bill Hussey, Mayor Pro Tem
Sylvia Robles, Council Member
Doug Wilson, Council Member
Jeff Allen, Council Member
The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6:00 pm.
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2022
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
79036 05/06/2022 ALESHIRE AND WYNDER LLP 67521 MAR 2022 LEGAL SERVICES - PLANNING 04/27/2022
E 10-160-250-000-000 8,231.75
8,231.75
67520 MAR 2022 LEGAL SERVICES - GENERAL 04/27/2022
E 10-160-250-000-000 6,037.50
6,037.50
67526 MAR 2022 LEGAL SERVICES - SUNNY DAYS LLC 04/27/2022
B 10-015-61-00 3,376.73
3,376.73
67522 MAR 2022 LEGAL SERVICES - PW - ENGINEERING04/27/2022
E 10-160-250-000-000 1,406.00
1,406.00
67524 MAR 2022 LEGAL SERVICES - SUCCESSOR AGENCY04/27/2022
E 10-160-250-100-000 1,393.38
1,393.38
67525 MAR 2022 LEGAL SERVICES - CITY REAL PROPERTY04/27/2022
E 10-160-250-000-000 1,010.50
1,010.50
67523 MAR 2022 LEGAL SERVICES - FINANCE 04/27/2022
E 10-160-250-000-000 639.50
639.50
22,095.36
79037 05/06/2022 ALLIANT INSURANCE SERVICES 1938570 INSURANCE FOR GT ART SHOW 2022 04/19/2022
E 10-120-220-000-000 309.00
309.00
309.00
79038 05/06/2022 CITY NEWSPAPER GROUP 36627 GT 04.28.22 NOTICE OF PUBLIC HEARING - ADU ORDINANCE #204/26/2022
E 10-125-230-000-000 155.40
155.40
155.40
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2022
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
79039 05/06/2022 HDL COREN CONE SIN016411 APR-JUN 2022 PROPERTY TAX SERVICES 04/26/2022
E 10-140-250-000-000 2,217.38
2,217.38
2,217.38
79040 05/06/2022 HDL SOFTWARE LLC SIN016186 MAR 2022 BUSINESS LICENSE PROCESSING FEES03/31/2022
E 10-140-250-000-000 666.61
666.61
666.61
79041 05/06/2022 ODP BUSINESS SOLUTIONS LLC 237151214001 PURCHASE OF (5) PRINTERS USING EMPG FUNDS04/12/2022
E 75-370-220-000-000 1,185.20
1,185.20
1,185.20
79042 05/06/2022 ON SITE COMPUTING 54002455 MAY 2022 IT SERVICES 04/01/2022
E 10-380-250-000-000 6,619.00
6,619.00
6,619.00
79043 05/06/2022 PAY PLUS SOLUTIONS INC 28421 CALPERS MONTHLY CHARGES - MAY 2022 05/01/2022
E 10-140-255-000-000 410.03
410.03
410.03
79044 05/06/2022 HARRY ROUSSOS 05022022 REFUND DEPOSIT FOR PLAN CHECK FOR GRADING (GR0-000-066)05/02/2022
B 23-515-07-00 1,492.00
1,492.00
1,492.00
79045 05/06/2022 SPARKLETTS 9637116 050122 APR2022 BOTTLED WATER SERVICES FOR CITY HALL & SENIOR CENTER05/01/2022
E 10-190-238-000-000 189.57
E 10-805-238-000-000 77.84
267.41
267.41
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2022
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
79046 05/06/2022 TIME WARNER CABLE 0228510042522 CITY HALL INTERNET - APR-MAY 22 04/25/2022
E 10-190-238-000-000 129.98
129.98
0153825042322 SR CENTER INTERNET - HSD3 - APR-MAY 2022 04/23/2022
E 10-805-238-000-000 99.99
99.99
229.97
79047 05/06/2022 VERIZON WIRELESS 9904940168 ALPR CARD LINE CHARGES MAR-APR 2022 04/23/2022
E 10-190-235-000-000 190.05
190.05
190.05
79048 05/13/2022 ALLIANT INSURANCE SERVICES 1944097 INSURANCE SERVICES FOR ANIMAL VACCINE CLINIC JUNE 202204/26/2022
E 10-187-256-010-000 406.00
406.00
406.00
79049 05/13/2022 AT AND T MAY 2022 AT&T MAY 2022 AT&T 05/01/2022
E 10-190-235-000-000 1,627.04
E 10-450-235-000-000 246.80
E 10-805-235-000-000 457.16
E 10-808-235-000-000 474.30
2,805.30
2,805.30
79050 05/13/2022 BARR DOOR INC 33092 REPAIR FOR CITY HALL MAIN AUTOMATIC DOORS.04/26/2022
E 10-195-246-000-000 455.00
455.00
455.00
79051 05/13/2022 CITY NEWSPAPER GROUP 36688 GT 05.05.22 ORDINANCE NO. 337 - 1ST READING 05/02/2022
E 10-125-230-000-000 77.70
77.70
77.70
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2022
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
79052 05/13/2022 DUNN EDWARDS CORP 2018458920 GRAFFITI REMOVAL SUPPLIES 04/20/2022
E 10-450-245-000-000 9.68
9.68
9.68
79053 05/13/2022 EYEMED FIDELITY SECURITY LIFE 165254003 MAY 2022 EMPLOYEE PAID VISION INSURANCE 05/01/2022
B 10-022-71-00 70.77
70.77
70.77
79054 05/13/2022 FAMILY SERVICE ASSOCIATION 03-2022-300405 MARCH 2022 CDBG SR CENTER PROGRAMS 04/28/2022
E 22-425-312-000-000 1,951.80
1,951.80
01-2022-300405 JAN. 2022 CDBG SR CENTER PROGRAMS 02/25/2022
E 22-425-312-000-000 1,789.19
1,789.19
02-2022-300405 FEB. 2022 CDBG SR CENTER PROGRAMS 03/22/2022
E 22-425-312-000-000 1,680.53
1,680.53
5,421.52
79055 05/13/2022 FEDEX 7-748-03944 MAILING SERVICES - TO FIDELITY NATIONAL TITLE AND CALPERS HEALTH RESO. & COMP05/05/2022
E 10-190-211-000-000 73.80
73.80
73.80
79056 05/13/2022 HOME DEPOT CREDIT SERVICE 272042 SUPPLIES FOR DOG PARK 04/28/2022
E 10-450-245-000-000 79.92
79.92
8710748 SUPPLIES FOR PICO PARK 04/28/2022
E 10-450-245-000-000 28.38
28.38
108.30
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2022
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
79057 05/13/2022 WILLIAM HUSSEY MAY2022 BH HLTH REIMMAY 2022 BH HEALTH REIMBURSEMENT 05/05/2022
E 10-110-142-000-000 282.15
282.15
282.15
79058 05/13/2022 INTERWEST CONSULTING GROUP 77720 MARCH 2022 ON-CALL ENGINEERING SERVICES 04/21/2022
E 25-600-255-000-000 1,240.00
1,240.00
1,240.00
79059 05/13/2022 TERRY MCDUFFEE REFUND T. MCDUFFEEREFUND STREET IMPROVEMENT DEPOSIT TO TERRY MCDUFFEE05/05/2022
B 23-505-22-00 26,882.00
26,882.00
26,882.00
79060 05/13/2022 MIDAMERICA ADMIN RETIREMENT PAYDATE 05052022 ARSPAYDATE 05052022 ARS RETIREMENT 05/05/2022
B 10-022-68-00 100.65
100.65
100.65
79061 05/13/2022 ODP BUSINESS SOLUTIONS LLC 241512782001 FY 2021-22 OFFICE SUPPLIES 04/27/2022
E 10-172-210-000-000 238.30
E 10-175-210-000-000 23.73
E 10-185-210-000-000 5.40
E 10-370-210-000-000 32.47
299.90
238083657002 FY 2021-22 OFFICE SUPPLIES 04/15/2022
E 10-190-210-000-000 119.57
119.57
419.47
79062 05/13/2022 ON SITE COMPUTING 53009271 SOPHOS XGS 136G FIREWALL ROUTER & CLOUD MGMT03/01/2022
E 10-380-249-000-000 3,977.17
3,977.17
3,977.17
C.4.b
Packet Pg. 43
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2022
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
79063 05/13/2022 ROGERS ANDERSON MALODY SCOTT 70303 FEB 2022 PROFESSIONAL SERVICES FOR INTERIM FINANCE DIRECTOR02/28/2022
E 10-120-250-000-000 12,500.00
12,500.00
12,500.00
79064 05/13/2022 SB COUNTY SHERIFF 21633 MAY 2022 LAW ENFORCEMENT SERVICES 05/03/2022
E 10-410-255-000-000 5,166.67
E 10-410-256-000-000 171,488.16
E 14-411-256-000-000 12,454.17
189,109.00
189,109.00
79065 05/13/2022 SITEONE LANDSCAPE SUPPLY 118521538-001 IRRIGATION SUPPLIES 04/28/2022
E 10-450-245-000-000 280.04
280.04
280.04
79066 05/13/2022 TERMINIX 418811632 APRIL 2022 PEST CONTROL SVCS FOR CIVIC CENTER04/01/2022
E 10-195-245-000-000 100.00
100.00
418813627 APRIL 2022 PEST CONTROL SVCS FOR SENIOR CENTER04/01/2022
E 10-805-245-000-000 100.00
100.00
200.00
79067 05/13/2022 TIME WARNER CABLE 0262246050322 RICHARD ROLLINS PARK INTERNET - MAY-JUN 202205/03/2022
E 10-450-238-000-000 319.98
319.98
319.98
79068 05/13/2022 TRAFFIC MANAGEMENT PRODUCTS 856129 GENERAL MANAGEMENT SUPPLIES AND STREET04/28/2022
E 16-900-229-000-000 325.70
325.70
325.70
C.4.b
Packet Pg. 44
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2022
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
79069 05/13/2022 ZORO TOOLS INC SO26576711 PUBLIC WORKS OFFICE SUPPLIES 05/05/2022
E 10-175-210-000-000 82.66
82.66
82.66
79070 05/20/2022 AMERICAN FIDELITY ASSURANCE CO 6051374 MAY 2022 EMP PAID FLEX SPEND/DEP CARE 05/04/2022
B 23-250-10-00 479.14
479.14
479.14
79071 05/20/2022 ARROWHEAD CREDIT UNION APR2022 VISA APR-MAY 2022 VISA CHARGES 05/02/2022
E 10-110-270-000-000 CONFERENCE 671.84
E 10-120-220-000-000 BLUE MTN HIKE 540.91
E 10-120-230-000-000 ADVERTISING 148.85
E 10-120-270-000-000 CONFERENCE 476.74
E 10-125-210-000-000 OFFICE SUPPLIES 158.26
E 10-125-220-000-000 COUNTY CLERK REPORTS 41.00
E 10-140-210-000-000 OFFICE SUPPLIES 63.22
E 10-172-210-000-000 OFFICE SUPPLIES 76.90
E 10-175-210-000-000 OFFICE SUPPLIES 83.95
E 10-175-246-000-000 MAINT SUPPLIES 169.55
E 10-185-210-000-000 OFFICE SUPPLIES 55.51
E 10-185-218-000-000 MTRLS & SUPPLIES 572.51
E 10-185-268-000-000 TRAINING 40.00
E 10-190-211-000-000 POSTAGE 35.05
E 10-190-220-000-000 MTRLS & SUPPLIES 1,151.48
E 10-195-246-000-000 CITY HALL MAINT 215.54
E 10-370-210-000-000 OFFICE SUUPLIES 50.30
E 10-450-245-000-000 MTRLS & SUPPLIES 872.78
E 10-450-246-000-000 LIGHTS FOR PARKS 337.45
E 65-425-272-000-000 BUS MAINT 1,035.73
E 75-370-220-000-000 LAPTOPS 3,986.70
10,784.27
10,784.27
C.4.b
Packet Pg. 45
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2022
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
03/31/2022 TRASH
79072 05/20/2022 BURRTEC WASTE INDUSTRIES INC 12/21/2021 TRASH12/21/2021 DELINQ TRASH COLLECTIONS 12/14/2021
B 23-302-90-00 30,544.92
30,544.92
04/20/2022 TRASH04/20/2022 DELINQ TRASH COLLECTIONS 04/13/2022
B 23-302-90-00 27,482.07
27,482.07
11/15/2021 TRASH11/15/2021 DELINQ TRASH COLLECTIONS 11/05/2021
B 23-302-90-00 2,654.59
2,654.59
01/10/2022 TRASH01/10/2022 DELINQ TRASH COLLECTIONS 01/03/2022
B 23-302-90-00 1,946.99
1,946.99
03/31/2022 DELINQ TRASH COLLECTIONS 03/18/2022
B 23-302-90-00 1,751.20
1,751.20
02/10/2022 TRASH02/10/2022 DELINQ TRASH COLLECTIONS 01/28/2022
B 23-302-90-00 1,068.95
1,068.95
03/03/2022 TRASH03/03/2022 DELINQ TRASH COLLECTIONS 02/18/2022
B 23-302-90-00 476.43
476.43
01/19/2022 TRASH01/19/2022 DELINQ TRASH COLLECTIONS 01/10/2022
B 23-302-90-00 209.96
209.96
11/29/2021 TRASH11/29/2021 DELINQ TRASH COLLECTIONS 11/19/2021
B 23-302-90-00 188.08
188.08
66,323.19
79073 05/20/2022 CITY NEWSPAPER GROUP 36168 PLANNING DEPARTMENT ADVERTISING FY2021-2203/01/2022
E 10-370-230-000-000 194.25
194.25
194.25
C.4.b
Packet Pg. 46
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2022
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
79074 05/20/2022 COUNTY OF RIVERSIDE TLMA ADM TL0000016325 MAR 2022 TRAFFIC SIGNAL MONITORING - MAIN ST & MICHIGAN04/29/2022
E 10-195-245-000-000 163.49
163.49
163.49
79075 05/20/2022 EZ SUNNYDAY LANDSCAPE 2622 GENERAL CLEAN UP AND WEED ABATEMENT 04/27/2022
E 10-187-257-000-000 495.00
495.00
495.00
79076 05/20/2022 INTERWEST CONSULTING GROUP 78167-A ON-CALL ENGINEERING SERVICES APRIL 2022 05/16/2022
E 16-900-255-000-000 1,300.00
1,300.00
1,300.00
79077 05/20/2022 LINCOLN NATIONAL LIFE INSURANC LCLN JUN 2022 JUN 2022 LIFE/AD&D/DEP LIFE/WI/LTD 06/01/2022
B 10-022-66-00 791.56
E 10-120-142-000-000 42.70
E 10-125-142-000-000 16.79
E 10-140-142-000-000 34.36
E 10-172-142-000-000 17.36
E 10-175-142-000-000 18.09
E 10-185-142-000-000 22.95
E 10-370-142-000-000 21.35
E 10-450-142-000-000 12.49
E 16-175-142-000-000 9.21
E 65-425-142-000-000 3.80
990.66
990.66
79078 05/20/2022 MIDAMERICA ADMIN RETIREMENT PAYDATE 05192022 ARSPAYDATE 05192022 ARS RETIREMENT 05/19/2022
B 10-022-68-00 89.40
89.40
89.40
C.4.b
Packet Pg. 47
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2022
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
21467
79079 05/20/2022 MORAN JANITORIAL SERVICES LLC 2047 JANITORIAL SERVICES FOR CIVIC CENTER & PARKS - APRIL 202205/03/2022
E 10-195-245-000-000 1,304.00
E 10-450-245-000-000 1,325.00
2,629.00
2,629.00
79080 05/20/2022 OCCUPATIONAL HEALTH CENTERS CA I23-0943995514 4/22MEDICAL EXAM: KRISTIN JAMES 04/08/2022 04/08/2022
E 10-185-220-000-000 236.58
236.58
236.58
79081 05/20/2022 SB COUNTY SHERIFF 21466 OCT-DEC 2021 Q2 SHERIFF OVERTIME 04/05/2022
E 10-410-250-000-000 25,128.18
25,128.18
21465 OCT-DEC 2021 Q2 GAS & VEHICLE MAINT & SHERIFF OVERTIME04/06/2022
E 10-410-220-000-000 9,864.38
E 10-410-250-000-000 6,403.32
16,267.70
OCT-DEC 2021 Q2 OVERTIME - QUALITY OF LIFE 04/05/2022
E 10-410-250-000-000 8,931.62
8,931.62
50,327.50
79082 05/20/2022 SPARKLETTS 16179154 050722 MAY2022 WATER FILTRATION SYSTEM RENTAL 05/07/2022
E 10-190-238-000-000 84.00
84.00
84.00
79083 05/20/2022 ST FRANCIS ELECTRIC 171033125 APRIL 2022 RESPONSE SIGNAL LIGHT MAINTENANCE04/30/2022
E 16-510-255-000-000 1,594.40
1,594.40
171033124 APRIL 2022 ROUTINE SIGNAL LIGHT MAINT 04/30/2022
E 16-510-255-000-000 563.85
563.85
2,158.25
C.4.b
Packet Pg. 48
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2022
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
79084 05/20/2022 TEAMSTERS LOCAL 1932 010 JUN 2022 EMP PAID MEMBERSHIP DUES 05/11/2022
B 10-022-72-00 343.04
343.04
343.04
79085 05/20/2022 TERMINIX 420112024 MAY 2022 PEST CONTROL SVCS FOR CIVIC CENTER05/06/2022
E 10-195-245-000-000 100.00
100.00
420110771 MAY 2022 PEST CONTROL SVCS FOR SENIOR CENTER05/06/2022
E 10-805-245-000-000 100.00
100.00
200.00
79086 05/20/2022 TIME WARNER CABLE 0007245050722 SR CTR CABLE/INTERNET BLDG3 - MAY-JUN 202205/07/2022
E 10-805-238-000-000 269.68
269.68
269.68
79087 05/20/2022 WEST COAST ARBORISTS INC 185332 APRIL 2022 CITYWIDE TREE MAINTENANCE 04/30/2022
E 20-100-245-000-000 21,088.00
21,088.00
21,088.00
79088 05/20/2022 WILLDAN 00336208 APR 2022 INTERIM CITY ENGINEER SERVICES 05/10/2022
E 25-600-255-000-000 7,840.00
7,840.00
7,840.00
79089 05/27/2022 A STORAGE PLACE 06/01/2022 - B3334JUN 2022 RENT FOR UNIT B3334 05/17/2022
E 10-140-241-000-000 329.00
329.00
06/01/2022 - B15 JUN 2022 RENT FOR UNIT B15 05/17/2022
E 10-140-241-000-000 158.00
158.00
487.00
C.4.b
Packet Pg. 49
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2022
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
239885496001
79090 05/27/2022 BENSON PRODUCTIONS 1584 APR 2022 - AUDIO/VISUAL SVCS FOR CITY COUNCIL & PLANNING COMM05/02/2022
E 10-380-250-000-000 900.00
900.00
900.00
79091 05/27/2022 CITY NEWSPAPER GROUP 36557 GT 04.21.22 PLANNING COMM VACANCY ANNOUNCEMENT04/14/2022
E 10-125-230-000-000 213.69
213.69
213.69
79092 05/27/2022 DARCY MCNABOE JUN2022 DM HLTH REIMJUN 2022 DM HEALTH REIMBURSEMENT 05/24/2022
E 10-110-142-000-000 672.79
672.79
672.79
79093 05/27/2022 ODP BUSINESS SOLUTIONS LLC 240075651001 FY 2021-22 OFFICE SUPPLIES 05/03/2022
E 10-190-210-000-000 608.85
608.85
240128104001 FY 2021-22 OFFICE SUPPLIES 05/03/2022
E 10-450-245-000-000 585.78
585.78
240075651002 FY 2021-22 OFFICE SUPPLIES 05/04/2022
E 10-450-245-000-000 30.15
30.15
FY 2021-22 OFFICE SUPPLIES 05/02/2022
E 10-175-210-000-000 6.51
6.51
1,231.29
79094 05/27/2022 SYLVIA ROBLES MAY2022 SR MED REIMBMAY 2022 SR MEDICARE REIMBURSEMENT 05/24/2022
E 10-110-142-000-000 170.10
170.10
170.10
C.4.b
Packet Pg. 50
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2022
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
79095 05/27/2022 TIME WARNER CABLE 0197046051622 CITY HALL CABLE - MAY-JUN 2022 05/16/2022
E 10-190-238-000-000 109.53
109.53
109.53
79096 05/27/2022 TRAFFIC MANAGEMENT PRODUCTS 836150 GENERAL MANAGEMENT SUPPLIES AND STREET03/11/2022
E 16-900-229-000-000 1,838.30
1,838.30
1,838.30
465069 05/26/2022 AMERICAN FIDELITY ASSURANCE CO D465069 JUN 2022 - EMPLOYEE CANCER & ACCIDENT INSURANCE06/01/2022
B 23-250-20-00 367.56
367.56
367.56
1300709 05/10/2022 SO CA GAS COMPANY APR2022 GAS SERVICEAPR 2022 GAS SERVICE 05/10/2022
E 10-190-238-000-000 1,856.42
E 10-805-238-000-000 78.35
1,934.77
1,934.77
16744315 05/09/2022 PUBLIC EMPLOYEES RETIREMENT PAYDTE 4212022 PERSRETIREMENT CONTRIBUTIONS FOR PAY DATE 04/21/202204/21/2022
B 10-022-62-00 7,364.85
7,364.85
7,364.85
16744318 05/23/2022 PUBLIC EMPLOYEES RETIREMENT PAYDTE 05052022 PERSRETIREMENT CONTRIBUTIONS FOR PAY DATE 05/05/202205/05/2022
B 10-022-62-00 7,202.65
7,202.65
7,202.65
16794243 05/09/2022 CALPERS 457 PLAN PAYDATE 04212022 457EFT PAYMENT CALPERS ACH CONFIRM #100210476104/21/2022
B 10-022-63-00 1,280.00
B 10-022-64-00 70.64
1,350.64
1,350.64
C.4.b
Packet Pg. 51
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2022
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
16813085 05/23/2022 CALPERS 457 PLAN PAYDATE 05052022 457EFT PAYMENT CALPERS ACH CONFIRM #100211334405/05/2022
B 10-022-63-00 1,280.00
B 10-022-64-00 70.64
1,350.64
1,350.64
20154761 05/03/2022 SO CA EDISON COMPANY APR 2022 EDISONAPR 2022 ENERGY USAGE 05/02/2022
E 10-172-238-000-000 90.45
E 10-175-238-000-000 90.45
E 10-190-238-000-000 5,116.02
E 10-450-238-000-000 1,591.08
E 16-510-238-000-000 6,630.00
E 26-600-238-000-000 65.62
E 26-601-238-000-000 53.31
E 26-602-238-000-000 73.81
E 26-603-238-000-000 12.30
E 26-604-238-000-000 56.79
E 26-605-238-000-000 45.65
13,825.48
13,825.48
80716645 05/09/2022 WEX BANK 80716645 APR-MAY 2022 VEHICLE FUEL CHEVRON 05/06/2022
E 10-172-272-000-000 90.00
E 10-175-272-000-000 1,744.77
E 10-185-272-000-000 300.13
E 65-425-272-000-000 1,095.64
3,230.54
3,230.54
288911007 05/02/2022 CENTURYLINK 288911007 APR 2022 PHONE & INTERNET SERVICES 04/17/2022
E 10-190-235-000-000 1,479.00
1,479.00
1,479.00
C.4.b
Packet Pg. 52
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Packet Pg. 53
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Packet Pg. 54
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AGENDA REPORT
MEETING DATE: July 12, 2022 Council Item
TITLE: Historical & Cultural Activities Committee Members Resignations and Authorization to Post Notice of Vacancies
PRESENTED BY: Debra Thomas, City Clerk
RECOMMENDATION: Accept the Resignations of Historical & Cultural Activities Committee Members Frank’e Byma and Michelle Greer, Direct the City Clerk to Prepare and Send a Letter of Appreciation on Behalf of the City Council and Direct the City
Clerk to Post Notice of Vacancies
2030 VISION STATEMENT
This action supports Our Mission: To preserve and protect our community and its
exceptional quality of life through thoughtful planning, within the constraints of fiscally responsible government.
BACKGROUND:
The Historical & Cultural Activities Committee is a seven-member Committee appointed
by the Mayor, subject to City Council approval, and serves four-year terms at the
pleasure of the City Council (Municipal Code Chapter 2.16). The terms alternate so that
every two years at least two appointments are set to expire.
Committee Treasurer, Frank’e Byma submitted her written resignation on June 20,
2022, resigning from the Committee effective July 1, 2022. Additionally, Committee
Member Michelle Greer submitted her written resignation on June 27, 2022, resigning
from the Committee effective July 1, 2022.
The Table below depicts the composition and terms of the Committee:
Name Appointed Re-Appointed Term Ends
Chair Becky Giroux 06/22/2021 -- 06/30/2024
Vice-Chair Louise Lunstrum 06/22/2021 -- 06/30/2024
Treasurer Frank’e Byma* 06/22/2021 -- 06/30/2022
Secretary Renae Walker 06/22/2021 -- 06/30/2024
Member Michelle Greer* 06/22/2021 -- 06/30/2022
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Member Christina Phelps 11/09/2021 -- 06/30/2024
Vacant 06/30/2024
* Resignation effective July 1, 2022.
DISCUSSION:
Pursuant to Government Code section 54974(a), “[w]henever an unscheduled vacancy
occurs in any board, commission, or committee for which the legislative body has the
appointing power, whether due to resignation, death, termination, or other causes, a
special vacancy notice shall be posted in the office of the clerk of the local agency, on
either the local agency’s Internet Web site or at the library designated pursuant to
Section 54973, and in other places as directed by the legislative body, not earlier than
20 days before or not later than 20 days after the vacancy occurs. Final appointment to
the board, commission, or committee shall not be made by the legislative body for at
least 10 working days after the posting of the notice in the clerk’s office.”
With the resignation of Ms. Byma and Ms. Greer, the Historical & Cultural Activities
Committee will have three (3) regular member vacancies. After acceptance of Ms. Byma
and Ms. Greer’s resignation by the City Council, staff recommends that the City Council
direct the City Clerk to prepare and send a letter of appreciation to Ms. Byma and Ms.
Greer and post a notice of vacancy pursuant to Government Code Section 54974. The
City Clerk will then begin accepting applications beginning July 18, 2022, from residents
who may wish to serve on the committee. The vacancy notice and application
information would be disbursed through a press release and posting on the City’s
website and reader board.
Upon receipt of applications from interested residents, staff would provide the
applications to the City Council for review at a regularly scheduled City Council meeting.
At that meeting, subject to the City Council’s approval, the Mayor shall appoint new
committee members.
FISCAL IMPACT:
There would be no fiscal impact created by this action.
APPROVALS:
Debra Thomas Completed 06/29/2022 2:31 PM
City Manager Completed 06/29/2022 3:34 PM
City Council Pending 07/12/2022 6:00 PM
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AGENDA REPORT
MEETING DATE: July 12, 2022 Council Item
TITLE: Review of Local Conflict of Interest Code to Comply with the Political Reform Act
PRESENTED BY: Debra Thomas, City Clerk
RECOMMENDATION: 1. Direct staff to review the City's Conflict of Interest Code for amendments; and 2. Authorize the City Manager to execute the 2022 Local
Agency Biennial Review Notice indicating whether
amendments are required and submit to the City Council no later than October 3, 2022.
2030 VISION STATEMENT: This staff reports supports Goal No. 5 in that the Conflict of Interest Code promotes transparency within the organization and community. BACKGROUND: The Political Reform Act requires every local government agency to review its conflict of interest code biennially. The City last reviewed its local conflict of interest code in 2020. DISCUSSION: The Political Reform Act (California Government Code § 87306.5) requires every local government agency to establish a local conflict of interest code. A local conflict of interest code tells public officials, governmental employees, and consultants what
financial interests they must disclose on their annual Statement of Economic Interests (Form 700). The Political Reform Act requires every local government agency to review its conflict of interest code biennially (each even-numbered year). The purpose of the review is to
determine whether the designated positions and reporting categories remain accurate or, alternatively, if amendments are required. The code reviewing body (the City Council) must direct its jurisdiction (i.e. City staff) to review its local code and, by October 3, a Local Agency Biennial Notice must be filed with the code reviewing body (City Council) indicating whether any amendments are necessary.
It would be appropriate at this time to direct City staff to review the local code and submit a notice to the City Council by October 3, 2022 identifying whether amendments are required or that no amendments are necessary. If amendments to the City’s code
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are necessary, the notice must be forwarded to the City Council for approval within 90 days of submission.
FISCAL IMPACT:
None.
APPROVALS:
Debra Thomas Completed 06/29/2022 2:16 PM
City Manager Completed 06/29/2022 3:35 PM
City Council Pending 07/12/2022 6:00 PM
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AGENDA REPORT
MEETING DATE: July 12, 2022 Council Item
TITLE: Resolution Declaring Real Property Being Acquired by the City with APNs 1167-231-10 & 1167-231-22 Non-Exempt
Surplus Land and Not Necessary for City’s Use Pursuant to
the Surplus Land Act; Taking Related Actions; and Authorizing Staff to Proceed to Dispose of the Property Pursuant to the Surplus Land Act
PRESENTED BY: Adrian Guerra, City Attorney
RECOMMENDATION: 1. Adopt a Resolution entitled "RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF GRAND TERRACE DECLARING PURSUANT TO THE SURPLUS LAND AC THAT REAL PROPERTY (APNs 1167-231-10 & 1167-231-22) OWNED BY THE CITY OF GRAND TERRACE IS NON-
EXEMPT SURPLUS LAND WHICH IS NOT NECESSARY
FOR THE CITY'S USE; TAKING RELATED ACTIONS; AND AUTHORIZING STAFF TO PROCEED TO DISPOSE OF THE PROPERTY PURSUANT TO THE SURPLUS LAND ACT"
2. Authorize the Mayor to sign the Resolution upon the close of escrow for the acquisition of the Real Property with APNs 1167-231-10 & 1167-231-22
2030 VISION STATEMENT: This staff report supports City Council Goal #5, “Engage the Community by Participation” by allowing the City to ensure that city council salaries and vehicle
allowances are competitive such that it will encourage more citizens to participate in City governance. BACKGROUND:
The Surplus Lands Act (California Government Code Section 54221 et seq.) (“SLA”) requires that the City declare property to be “surplus land” before the City can take any action (sale or lease) to dispose of the real property. Surplus land is land deemed not necessary for a local agency‘s use.
In the fall of 2019, Assembly Bill 1486 amended the SLA to address the current housing crisis by promoting the construction of affordable housing on surplus land. The amendment requires that surplus property which does not qualify as “exempt” under the SLA, must be made available through a specific process which provides notice of its
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availability to housing developers and other local agencies. In addition the SLA mandates reporting of surplus land inventory to the California Department of Housing and Community Development (“HCD”). The amended SLA became effective on January
1, 2020 and in April of 2021, HCD released guidelines related to administration of the
SLA (“Regulations”). As of the date of this report, the City is in the process of acquiring that certain vacant real property (APNs. 1167-231-10 & 1167-231-22) which is near to and within the
proximity to the I-215 freeway and as further identified on the Site Location Map in
Exhibit A, attached hereto, and made a part of hereof (collectively "Property"). The City will acquire the Property from the San Bernardino County Transportation Authority (“SBCTA”). Prior to selling the Property to the City, SBCTA followed SLA procedures (including issuing the required notices to housing developers/groups). Although this
process was completed with HCD’s ultimate approval to sell to the City, HCD has
nevertheless required the City to separately comply with the SLA process again. DISCUSSION:
The SLA notification process requires the City to send (by mail or electronically) a
written Notice of Availability (“NOA”) to (i) other public agencies whose jurisdiction covers the area in which the Subject Property is located, and (ii) prospective affordable housing developers which have registered with HCD expressing an interest in surplus land in the county. The list of such interested developers is maintained by HCD in an
Excel spreadsheet on its website. The NOA can be sent either by regular mail or
electronically to the registered parties. All NOA recipients thereafter have 60 days (“NOA Period”) to reply to the City expressing an interest in the Subject Property. The Regulations specify a methodology for prioritizing responses and provide good-faith negotiations shall be conducted for a period of 90 days.
The City is not required to sell the Property for less than its fair market value or upon terms which are not acceptable to it. If the parties, after good faith negotiations, cannot reach agreement, the City is not required to sell the Property to any of the responding housing developers.
If the City does not receive any responses during the NOA or is unable to reach agreement with a housing developer within the 90 day negotiation period, the City must notify HCD of such event and provide a detailed summary of its actions taken in compliance with the SLA and its good faith attempt to negotiate with responding
housing developers. HCD has 30 days to review the summary and, if it does not find
any issues, HCD will notify the City in writing and thereafter the City may proceed to make the Property available to other developers or interested parties pursuant to standard commercial procedures. Even though the HCD confirms the City has complied with the SLA, the City will be required to record a covenant agreement binding the
Property providing that, if in the future, the Property is developed with residential units, a
portion of the units must be restricted as affordable housing units.
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Any proposed purchase and sale agreement – from either the SLA negotiation period or thereafter - will require City Council approval.
A violation of the SLA will result in significant penalties: a forfeiture of 30 percent of the
purchase price for the first violation and 50 percent for any subsequent violation. The penalties amounts will be paid into local housing agencies. The Property has a few issues that make the development of affordable housing
impractical including its location and proximity to the I-215 freeway, current zoning as
General Commercial (GC) on the General Plan Land Use Map and Barton Road Specific Plan-General Commercial (BRSP-GC) on the Zoning Map, and its size (approximately 12,800 square feet).
The NOA will include the foregoing information and make the appropriate documents
available for review on an internal website which will be linked in the NOA. Providing such information for review by any affordable housing developers will hopefully prevent responses which are merely speculative in nature.
In order for the City to dispose of the Property, it must follow the SLA notification
process identified above. Staff recommends Council adopt the attached Resolution declaring (i) the subject properties surplus land which is not necessary for City use and that it is non-exempt under the SLA, and (ii) authorizing Staff to proceed with disposal of the Property in accordance with the SLA. Further, Staff recommends that the City
Council authorize the Mayor to sign the Resolution contingent upon the close of escrow
for the acquisition of the Property. Upon the close of escrow, the Resolution will be signed by the Mayor and the City will dispose the property in accordance with SLA procedures.
FISCAL IMPACT: None.
ATTACHMENTS:
• GT Resolution - Resolution declaring SBCTA property Non-Exempt Surplus and Authorizing Disposal per SLA (DOCX)
APPROVALS:
Adrian Guerra Completed 07/06/2022 9:24 AM
Finance Completed 07/06/2022 9:24 AM
City Manager Completed 07/06/2022 9:36 AM
City Council Pending 07/12/2022 6:00 PM
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01247.0001/797463.5
RESOLUTION NO. 2022-_______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DECLARING PURSUANT TO THE SURPLUS LAND ACT THAT REAL PROPERTY (APNs. 1167-231-10 & 1167-231-22) OWNED BY THE CITY OF GRAND TERRACE IS NON-EXEMPT SURPLUS LAND
WHICH IS NOT NECESSARY FOR THE CITY’S USE; TAKING RELATED ACTIONS; AND AUTHORIZING STAFF TO PROCEED TO DISPOSE OF THE PROPERTY PURSUANT TO THE SURPLUS LAND ACT
WHEREAS, the City of Grand Terrace (“City") is the owner in fee simple of that certain real property with Assessor’s Parcel Nos. 1167-231-10 & 1167-231-22 and as
further identified on the Site Location Map in Exhibit A, attached hereto, and made a part
of hereof (collectively "Property"); and
WHEREAS, the Surplus Lands Act (“SLA”) requires that before a local agency takes any action to sell or lease its surplus property, it must declare the property to be “surplus land;” and
WHEREAS, “surplus land” means land owned in fee simple by any local agency
for which the local agency’s governing body takes formal action in a regular public meeting declaring that such land is surplus and is not necessary for the agency’s use; and
WHEREAS, under the SLA, land is necessary for the City’s use if the land is being
used pursuant to a written plan adopted by the City Council for City work or operations;
and
WHEREAS, City staff has evaluated the Property for its potential to be used for City work or operations, has determined that the Property is not suitable for the City’s use; and
WHEREAS, as the Property does not qualify as exempt under the specific
exemptions in the SLA, the Property is, therefore, not exempt from the SLA; and
WHEREAS, in accordance with the SLA, the City must, among other requirements, give written notice of its availability to certain local agencies and housing sponsors that have notified the State Department of Housing and Community Development (HCD) of
their interest in surplus property which list is on the HCD website; and
WHEREAS, the City Council finds that the Property is not necessary for the City’s use as described in Government Code Section 54221(c)(1) and is surplus non-exempt land; and
WHEREAS, the City intends to proceed to dispose of the Property in compliance
with the SLA and directs the Staff to proceed accordingly.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows:
Section 1. Recitals. The Recitals set forth above are true and correct and are
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incorporated into this Resolution by this reference.
Section 2. Surplus Land. The Property is zoned General Commercial (GC) on
the General Plan Land Use Map and Barton Road Specific Plan-General Commercial (BRSP-GC) on the Zoning Map, is approximately 12,800 square feet, and, therefore, is not suitable for development by or use of the City. The City Council therefore declares that the Property is not necessary for the City's use and is, therefore, surplus land.
Section 3. Non-Exempt. The Property does not qualify under any of the
exemptions set forth in the SLA, the City Council therefore declares that the Property is non-exempt.
Section 4. Authority. The City Manager, officers and staff of the City are hereby authorized jointly and severally, to do all things which they may deem necessary or proper
to effectuate the purposes of this Resolution and to proceed with the disposition of the
Property in compliance with the SLA subject to the City Council’s approval of any sale agreement.
Section 5. Effective Date. This Resolution shall immediately take effect upon its execution by the Mayor.
PASSED, APPROVED and ORDERED by the City Council of the City of Grand
Terrace, California at a regular meeting held on the ___ day of ___, 2022.
Darcy McNaboe Mayor
ATTEST:
________________________________ Debra Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
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Exhibit A
Site Location Map
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AGENDA REPORT
MEETING DATE: July 12, 2022 Council Item
TITLE: Determination of Public Convenience or Necessity Finding Pursuant to Business and Professions Code Section
23958.4 for Pending Type 20 Beer and Wine License for
Walgreens Store No. 12841, Located at 22456 Barton Road
PRESENTED BY: Haide Aguirre, Associate Planner
RECOMMENDATION: 1. Make a positive finding of Public Convenience or Necessity for a Type 20 Off-Sale Beer and Wine License for
Walgreens located at 22456 Barton Road; and
2. Direct Staff to Issue the Proposed Public Convenience or Necessity Letter to the California Department of Alcohol Beverage Control in Support of
Walgreens Type 20 Off-Sale Beer and Wine License.
2030 VISION STATEMENT:
This item supports Goal #3, "Promote Economic Development" by supporting a local
business.
BACKGROUND:
Walgreen Co. (“Applicant”) is requesting a Public Convenience or Necessity (PC or N) determination for the issuance of a Type-20 off-site sale of beer and wine license in conjunction with the existing Walgreens store, located at 22456 Barton Road, zoned
Barton Road Specific Plan - Village Commercial (BRSP, VC).
The site is located along the city’s major commercial corridor at the northwest corner of Barton Road and Mount Vernon. As stated on the BRSP, “the primary land use along the corridor is commercial with some office and residential uses. The corridor functions
as Grand Terrace’s “downtown” and primary commercial center.” The BRSP Land Use
Matrix identifies the use is permitted by right and does not require a Conditional Use Permit unless located within 500 linear feet from a school; therefore, there is no discretionary entitlement required for the off-sale of beer and wine at the Walgreens location. The Applicant, however, is required to obtain the appropriate license from the
State of California of Alcoholic Beverage Control (“ABC”).
Walgreens is a "one-stop" shopping store that provides everyday essential grocery items, such as personal care, beauty products, toys, vitamins, photo printing services, full-pharmacy drug store, and is requesting approval for the off-sale of beer and wine to further the convenience provided to the surrounding community.
The sale of beer and wine for off site consumption is subject to the issuance of a Type
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20 Beer and Wine license from the ABC. Type 20 licenses only authorize the off-sale of packaged beer and wine for consumption off the premises where sold and minors are allowed on the premises.
The applicant has applied to the ABC for a Type 20 license; however, pursuant to Business and Professions Code section 23958.4, an “undue concentration” in the Census Tract requires the City of Grand Terrace to make a Public Convenience or Necessity (PC or N) finding.
DISCUSSION:
A determination of PC or N is required when the ABC determines that there is an
“undue concentration” of off-sale licenses (Type 20 and 21) within a Census Tract. The proposed Walgreens is in Census Tract 71.11.
To determine the number of off-sale licenses that should be issued in a Census Tract, the ABC Department uses a simple ratio of one license per 1,429 persons. Census
Tract 71.11 has a population of 3,640 persons and based on this ratio, there should be
only two off-sale licenses.
ABC records shows that there are currently two licenses, which means Walgreen’s request would cause an “undue concentration”. The existing licenses within the Census Tract include Smart Time Food Store, located at 22310 Barton Road, Suite A. and CVS
Pharmacy, located at 12071 Mount Vernon Avenue.
Type 20 and Type 21 Licenses within Census Tract 71.11
Population 3,640
Number of Permitted licenses 2 (1/1,429 persons)
Number of Existing licenses 2
• Smart Time Food Store (Type 21, License No. 406384) • CVS
Pharmacy (Type 21, License No. 479656)
Source: California Department of Alcoholic Beverages Control
An “undue-concentration” does not mean that negative or adverse impacts have
occurred within the Census Tract; just that based on the ratio used, there will be more licenses existing than mathematically permitted. Census tract 71.11 is located along Barton Road which is considered the City's main corridor where most of the commercial activity is located and therefore, there is a higher concentration of ABC licenses.
Walgreen Co. is a nationally recognized drug store and has been operating successfully
at the City of Grand Terrace for several years. The company takes a serious responsibility of adding off-sale of beer and wine to their products and has implemented multiple safety measures further described on the attached Letter of Intent, that include continued training, security, responsible sales of age-restricted products, accident
prevention, and workplace safety. The company’s operating standards include entering
date of birth and scanning identification with every purchase. In addition, the premise is equipped with digital surveillance cameras that monitor both the interior and exterior of the building.
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The addition of beer and wine for off-site consumption will add to the convenience already provided to the community, which includes a full range of everyday grocery and household items, and beer and wine fall within the common type of goods that
customers want from a full-service neighborhood drug store and is a necessary
component to maintain a “one-stop” shopping experience for the community.
RECOMMENDATION:
Staff recommends that the City Council finds the issuance of a Type 20 Off-site Beer and Wine license to Walgreen Co. will serve the Public Convenience or Necessity and
directs Staff to issue the attached Public Convenience or Necessity Letter to the
California Department of Alcohol Beverage Control in support of Walgreens Type 20 Off-Sale Beer and Wine License.
FISCAL IMPACT:
There is not impact to the General Fund and all costs associated with this application is paid by the applicant. In addition, the business would generate sales tax.
ATTACHMENTS:
• Walgreens_Letter of Intent (PDF)
• Walgreens Floor Plan (DOCX)
• Census-Tract-Authorizations - Tract 71.11 (PDF)
• Walgreens Co, ABC Application (PDF)
• Public Convenience or Necessity Letter (PDF)
APPROVALS:
Haide Aguirre Completed 07/01/2022 8:34 AM
City Attorney Pending
City Manager Completed 07/01/2022 10:04 AM
City Council Pending 07/12/2022 6:00 PM
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Walgreens No. 12841 -22456 Barton Road
Request for Public Convenience or Necessity Determination
Page 2 of 4
It does not mean that this particular census tract necessarily has too many licenses for the needs
or convenience of the community.
In this case, both commercial and residential zones surround the subject location. It makes sense
that stores that sell alcoholic beverages are located in zones that are in locations that are
convenient for the community. But, because the number of people living in that census tract
determines the undue concentration statistics, the undue concentration ratio is often exceeded by
just a handful of businesses selling alcoholic beverages in census tracts like this one.
Specifically, in this case, the census tract allows for two (2) off-sale licenses and currently two
(2) off-sale licenses exist.1 Thus, determining that the public convenience or necessity will be
served through the issuance of this license will not result in an overly undue concentration of
licenses in this census tract.
Walgreen Co. respectfully requests that the City of Grand Terrace find that the Public
Convenience or Necessity ("PC or N") will be served by the issuance of a Type 20 beer and wine
license at this location for the reasons contained herein.
I. GENERAL PROJECT DESCRIPTION
As mentioned above, this Walgreens store is located along a major commercial corridor in the
City of Grand Terrace. While there is a residential zone located nearby, the Walgreens store is
properly located within a commercial zone and permitted to sell beer and wine for off-site
consumption pursuant to the BRSP. Moreover, all commercial activity is directed towards Barton
Road, and thus, away from any residential zones. As mostly commercial zones surround this
store, it makes sense that Walgreens sells beer and wine, as it is located in an area convenient for
the community.
The location currently exists as a "one-stop" shopping experience, enabling customers to
purchase everyday essential grocery items, and is requesting approval for the sale of beer and
wine to further the convenience provided to the surrounding community. The Applicant offers a
full range of grocery and household items and beer and wine fall within the common type of
goods that customers want and expect from a full-service pharmacy drug store. In order to
provide all of the items that its customers want, and to keep them coming back, it is necessary to
provide a full complement of items, including beer and wine, rather than a limited selection.
Offering a modest and complementary range of beer and wine, along with other basic grocery
items, provides for the convenience of the Applicant's customers, so that the customers can find
all of their shopping needs in one local drug store.
1 Specifically, the existing licenses within the Census Tract are as follows:
(1) Smart Time Food Store (ABC License 21-406384) located at 22310 Barton Rd. Suite
A, Grand Terrace, CA 92313
(2) CVS Pharmacy (ABC License 21-479656) located at 12071 Mount Vernon Ave,
Grand Terrace, CA, 92313
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Walgreens No. 12841 -22456 Barton Road
Request for Public Convenience or Necessity Determination
Page 3 of 4
Walgreen Co. is a nationally recognized brand of drug stores and this store has been successfully
operating at this location for several years. Walgreen Co. has always taken its role as a
responsible retailer of alcoholic beverages very seriously. The company has well-established and
very detailed procedures in place at all of its stores that currently sell beer and wine with a high
degree ofresponsibility. To that end, initial and continued training of both management and staff
is an important and fundamental element necessary to operate the Walgreens in a safe and
trustworthy manner. Walgreens has training segments on security, safety, deterrent strategies to
discourage loitering, facility maintenance and operations, responsible sales of age-restricted
products, accident prevention, and workplace safety, which all employees are required to
complete. These nationally implemented corporate policies require that employees request an
identification from any person who appears 30 or under if that person is attempting to purchase
an age-restricted product. Training segments also include identifying acceptable forms of
identification and identifying false identifications. Further, the cash registers are programmed to
identify age-restricted products, like alcohol, and require the employee to check identification
and enter a date of birth or scan the identification of the purchaser before completing the sale.
Management also trains its employees to monitor the interior and exterior of the premises. As
part of this training policy, employees are expected to conduct regular site walks and inspections
of the premises throughout the day in order to clean up any trash or debris as well as promptly
deter any loitering, panhandling or other objectionable activity. Further, the premise is equipped
with digital surveillance cameras that monitor both the interior and exterior of the building.
II. THE PUBLIC CONVENIENCE OR NECESSITY WILL BE SERVED BY
ISSUANCE OF A BEER AND WINE LICENSE BECAUSE THE SUBJECT
BUSINESS SERVES THE COMMUNITY
Walgreen Co. is requesting a determination of Public Convenience or Necessity in order to
provide the incidental sale of beer and wine to further the convenience provided to the
surrounding community. Walgreens offers a full range of grocery and household items and beer
and wine fall within the common type of goods that customers want from a full-service
neighborhood drug store. After years of dedicated service to this community, there is no reason
to expect that the continuation of this business with the addition of a small amount of beer and
wine sales will adversely affect or degrade the adjacent properties or the surrounding
neighborhood that it has operated in harmony with since it began operations. In fact, this
Walgreens has and will continue to have a positive impact on the welfare of the community.
The operation of this Walgreens store, with the addition of beer and wine sales, will remain a
vital retail use serving the needs of local business people, shoppers, and residents. This
population seeks a diversity of services, one that Walgreens provides. Walgreens will continue to
serve this population and the availability of beer and wine sales will provide a desired amenity
for the surrounding community. The residential uses, as well as other establishments, have not
been adversely affected in the years that Walgreens has operated at this location and with the
combination of proactive security measures and strict company policies, the Applicant is
committed to protecting the safety and well-being of its community.
The addition of beer and wine for off-site consumption at this existing Walgreens store will
further add to the convenience provided to the community with a full line of product offerings
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Walgreens No. 12841 -22456 Barton Road
Request for Public Convenience or Necessity Determination
Page 4 of 4
and is a necessary component ofWalgreens maintaining its status as a "one-stop" shopping
expenence.
III. THE ACTION(S) SOUGHT
Based on the foregoing reasons, it is respectfully requested that the City of Grand Terrace make
a finding that issuance of a Type 20 off-site beer and wine license to Walgreen Co. will serve the
Public Convenience or Necessity.
Should you have any questions or ifthere is any additional information we can provide, please
do not hesitate to call or email our offices. Thank you.
Very truly yours,
SOLOMON SALTSMAN & JAMIESON
~Ok-
JENNIFER ODEN
Licensed in California
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DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
NUMBER OF LICENSES AUTHORIZED
BY CENSUS TRACT
County Name
County
Population
County Ratio
On Sale
County Ratio Off
Sale
Census
Tract #
Census Tract
Population On Sale Off Sale
SAN BERNARDINO 2,175,909 1216 1,429 49.01 4,270 3 2
SAN BERNARDINO 2,175,909 1216 1,429 49.02 3,299 2 2
SAN BERNARDINO 2,175,909 1216 1,429 51.01 4,601 3 3
SAN BERNARDINO 2,175,909 1216 1,429 51.02 4,189 3 2
SAN BERNARDINO 2,175,909 1216 1,429 52.00 4,521 3 3
SAN BERNARDINO 2,175,909 1216 1,429 53.00 6,064 4 4
SAN BERNARDINO 2,175,909 1216 1,429 54.00 6,981 5 4
SAN BERNARDINO 2,175,909 1216 1,429 55.01 2,865 2 2
SAN BERNARDINO 2,175,909 1216 1,429 55.02 6,482 5 4
SAN BERNARDINO 2,175,909 1216 1,429 56.01 4,060 3 2
SAN BERNARDINO 2,175,909 1216 1,429 56.02 3,354 2 2
SAN BERNARDINO 2,175,909 1216 1,429 57.01 2,150 1 1
SAN BERNARDINO 2,175,909 1216 1,429 58.00 4,039 3 2
SAN BERNARDINO 2,175,909 1216 1,429 61.01 4,867 4 3
SAN BERNARDINO 2,175,909 1216 1,429 61.02 4,752 3 3
SAN BERNARDINO 2,175,909 1216 1,429 62.01 4,109 3 2
SAN BERNARDINO 2,175,909 1216 1,429 62.03 5,500 4 3
SAN BERNARDINO 2,175,909 1216 1,429 62.04 4,506 3 3
SAN BERNARDINO 2,175,909 1216 1,429 63.01 5,370 4 3
SAN BERNARDINO 2,175,909 1216 1,429 63.03 4,983 4 3
SAN BERNARDINO 2,175,909 1216 1,429 63.04 4,743 3 3
SAN BERNARDINO 2,175,909 1216 1,429 64.01 3,090 2 2
SAN BERNARDINO 2,175,909 1216 1,429 64.02 5,286 4 3
SAN BERNARDINO 2,175,909 1216 1,429 65.01 3,727 3 2
SAN BERNARDINO 2,175,909 1216 1,429 65.02 3,628 2 2
SAN BERNARDINO 2,175,909 1216 1,429 66.01 4,537 3 3
SAN BERNARDINO 2,175,909 1216 1,429 66.03 5,125 4 3
SAN BERNARDINO 2,175,909 1216 1,429 66.04 4,099 3 2
SAN BERNARDINO 2,175,909 1216 1,429 67.00 4,484 3 3
SAN BERNARDINO 2,175,909 1216 1,429 70.01 3,596 2 2
SAN BERNARDINO 2,175,909 1216 1,429 70.02 4,952 4 3
SAN BERNARDINO 2,175,909 1216 1,429 71.04 4,030 3 2
SAN BERNARDINO 2,175,909 1216 1,429 71.05 3,259 2 2
SAN BERNARDINO 2,175,909 1216 1,429 71.06 4,254 3 2
SAN BERNARDINO 2,175,909 1216 1,429 71.07 3,416 2 2
SAN BERNARDINO 2,175,909 1216 1,429 71.08 2,309 1 1
SAN BERNARDINO 2,175,909 1216 1,429 71.10 4,917 4 3
SAN BERNARDINO 2,175,909 1216 1,429 71.11 3,640 2 2
SAN BERNARDINO 2,175,909 1216 1,429 71.12 3,345 2 2
SAN BERNARDINO 2,175,909 1216 1,429 72.01 3,671 3 2
SAN BERNARDINO 2,175,909 1216 1,429 72.02 3,027 2 2
SAN BERNARDINO 2,175,909 1216 1,429 73.03 4,969 4 3
SAN BERNARDINO 2,175,909 1216 1,429 73.05 4,915 4 3
SAN BERNARDINO 2,175,909 1216 1,429 73.06 6,044 4 4
SAN BERNARDINO 2,175,909 1216 1,429 73.07 5,162 4 3
Updated: AUGUST 2021 Page 136
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Department of Alcoholic Beverage Control
INFORMATION AND INSTRUCTIONS·
SECTION 23958.4 B&P
State of California
Gavin Newsom, Governor
Instructions This form is to be used for all applications for original issuance or premises to premises transfer of licenses.
Part 1 is to be completed by an ABC employee, given to applicant with pre-application package, with copy retained in
holding file or applicant's district file.
Part 2 is to be completed by the applicant, and returned to ABC.
Part 3 is to be completed by the local governing body or its designated subordinate officer or body, and returned to ABC.
PART 1 -TO BE C6MPLETED BY ABC
1. APPLICANTS NAME
WALGREEN CO
2. PREMISES ADDRESS (Street number and name, city, zip code)
22456 BARTON RD , GRAND TERRACE, CA 9231 3
4. TYPE OF BUSINESS
Full Service Restaurant
Deli or Specialty Restaurant
Cafe/Coffee Shop
Bed & Breakfast:
Wine only All
Hofbrau/Cafeteria
Comedy Club
Brew Pub
Theater
Cocktail Lounge
Night Club
Tavern: Beer
Tavern: Beer & Wine
Service Station
3. LICENSE TYPE to
Private Club
Veterans Club
Fraternal Club
Wine Tasting Room
Supermarket
Liquor Store
X DrugNariety Store
Other -describe:
Membership Store
Department Store
FlorisVGift Shop
Convenience Market
Convenience Market w/Gasoline
Swap MeeVFlea Market
Drive-in Dairy
5. COUNTY POPULATION
8. CENSUS TRACT NUMBER
I/, I I
6. TOTAL NUMBER OF LICENSES IN COUNTY
On-Sale
9. NO. OF LICENSES ALLOWED IN CENSUS TRACT
c;)_ On-Sale
Off-Sale
X Off-Sale
7. RATIO OF LICENSES TO POPULATION IN COUNTY
On-Sale
10. NO. OF LICENSES EXISTING IN CENSUS TRACT
On-Sale
Off-Sale
X Off-Sale
11. IS THE ABOVE CENSUS TRACT OVERCONCENTRATED WITH LICENSES? (i.e .. does the ratio of licenses to population in the census tract exceed the ratio of licenses to population for the entire county?)
X Yes, the number of existing licenses exceeds the number allowed
No, the number of existing licenses is lower than the number allowed
12. DOES LAW ENFORCEMENT AGENCY MAINTAIN CRIME STATISTICS?
Yes (Go to Item #13) No (Go to Item #20)
13. CRIME REPORTING DISTRICT NUMBER 14. TOTAL NUMBER OF REPORTING DISTRICTS 15. TOTAL NUMBER OF OFFENSES IN ALL REPORTING DISTRICTS
16. AVERAGE NO. OF OFFENSES PER DISTRICT 17. 120% OF AVERAGE NUMBER OF OFFENSES 18. TOTAL NUMBER OF OFFENSES IN REPORTING DISTRICT
19. IS THE PREMISES LOCATED IN A HIGH CRIME REPORTING DISTRICT? ti.e., has a 20% greater number of reported crimes than the average number of reported crimes as determined from attCrime
reporting districts within the jurisdiction of the local law enforcement agency)
Yes, the total number of offenses in the reporting district equals or exceeds the total number in item #17
No, the total number of offenses in the reporting district is lower than the total number in item #17
20. CHECK THE BOX THAT APPLIES (check only one box)
a. If "No" is checked in both item #1 1 and item #19, Section 23958.4 B&P does not apply to this application , and no additional information will be needed
on this issue. Advise the applicant to bring this completed form to ABC when filing the application.
b. If" Yes" is checked in either item #11 Q! item #19, and the applicant is applying for a non-retail license, a retail bona fide public eating place license, a
retail license issued for a hotel, motel or other lodging establishment as defined in Section 25503.16(b) B&P, or a retail license issued in conjuction with a
beer manufacturer's license, or winegrower's license, advise the applicant to complete Section 2 and bring the completed form to ABC when filing the
application or as soon as possible thereafter.
X c. If "Yes" is checked in either item #11 Q! item #19, and the applicant is applying for an off-sale beer and wine license, an off-sale general license, an on-
sale beer license, an on-sale beer and wine (public premises) license, or an on-sale general (public premises) license, advise the applicant to take this form
to the local governing body. or its designated subordinate officer or body to have them complete Section 3. The completed form will need to be provided to
ABC in order to process the application.
Governing Body/Designated Subordinate Name:
FOR DEPARTMENT USE ONLY
PR~~RED BY (Name zpge~t ECAS WD
ABC-245 (rev. 01-11)
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PART 2 -TO BE COMPLETED BY THE APPLICANT (If box #20b is checked) --------------
21 . Based on the information on the reverse, the Department may approve your application if you can show that public convenience or
necessity would be served by the issuance of the license. Please describe below the reasons why issuance of another license is justified in
this area. You may attach a separate sheet or additional documention, if desired. Do not proceed to Part 3.
22. APPLICANT SIGNATURE --23. DATE SIGNED
PART 3 -TO BE COMPLETED BY LOCAL OFFICIALS (If box #20c is checked) __
The applicant named on the reverse is applying for a license to sell alcoholic beverages at a premises where undue concentration exists (i.e.,
an over-concentration of licenses and/or a liigtier than average crime rate as defined in Section 23958.4 of the Business and Professions
Code). Sections 23958 and 23958.4 of the Business and Professions Code requires the Department to deny the application unless the local
governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance.
Please complete items #24 to #30 below and certify or affix an official seal, or attach a copy of the Council or Board resolution or a signed
letter on official letterhead stating whether or not the issuance of the applied for license would serve as a public convenience or necessity.
24. WILL PUBLIC CONVENIENCE OR NECESSITY BE SERVED BY ISSUANCE OF THIS ALCOHOLIC BEVERAGE LICENSE?
Yes No See Attached (i.e., letter, resolution, etc.)
25. ADDITIONAL COMMENTS, IF DESIRED (may include reasons for approval or denial of public convenience or necessity):
26. CITY/COUNTY OFFICIAL NAME 27. CITY/COUNTY OFFICIAL TITLE 28. CITY/COUNTY OFFICIAL PHONE NUMBER
29. CITY/COUNTY OFFICIAL SIGNATURE 30. DATE SIGNED
ABC-245 REVERSE (rev. 01 -11)
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\\Cogt-fs2\vol3\USERS\COMDEV\Project Files\Land Use\2022\LU 22-70_22456 Barton Road_Walgreens ABC License\Public Convenience or Necessity Letter.docx
22795 Barton Road, Grand Terrace, California, 92313-5295 909/824-6621 Fax 909/783-2600
Planning and Development Services Department
DELIVERED VIA E-MAIL
July 13, 2022
Elizabeth Castro
Licensing Representative II Department of Alcoholic Beverage Control Board 3737 Main Street, Suite 900 Riverside, CA 92501-3337
Re: Type 20, Off-Sale of Beer and Wine License for Walgreens Store No. 12841, located at 22456 Barton Road
Dear Mrs. Castro: The City Council of the City of Grand Terrace made a positive finding of Public Convenience or Necessity for a Type 20 - Off-sale Beer and Wine License for Walgreens
Store No. 12841, located at 22456 Barton Road, during their regular meeting held on July 12, 2022. Walgreens provides a “one-stop” shopping experience to the community. The addition of beer and wine for off-site consumption will further add to the products already offered,
including everyday essential grocery items, personal care and beauty products, toys, vitamins, photo printing services, and a full-pharmacy drug store. The sale of beer and wine fall within the common type of goods that customers want from a full-service neighborhood drug store and is a necessary component of the shopping experience.
Should you have any questions, please feel free to contact me at (909) 824-6621 ext. 247. Sincerely,
HAIDE AGUIRRE Associate Planner
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AGENDA REPORT
MEETING DATE: July 12, 2022 Council Item
TITLE: Amendments Extending the Term of Two Professional Service Agreements for on Call Planning and Environmental
Services with Michael Baker International and Moore,
Iacofano, Goltsman, Inc., Respectively, to June 30, 2023
PRESENTED BY: Haide Aguirre, Associate Planner
RECOMMENDATION: 1. Approve the Amendment to the Professional Services Agreements Between the City of Grand Terrace and Michael
Baker International for on-call planning services, which
extends the term thereof to June 30, 2023, subject to the City Manager’s approval/negotiation and the City Attorney’s approval as to form; and
2. Approve the Amendment to the Professional Services
Agreements Between the City of Grand Terrace and Moore Iacofano Goltsman, Inc.for on-call planning services, which extends the term thereof to June 30, 2023, subject to the City Manager’s approval/negotiation and the City Attorney’s
approval as to form; and
3. Authorize the City Manager to execute both the above-mentioned Amendments, subject to the City Manager’s approval/negotiation and the City Attorney’s
approval as to form.
2030 VISION STATEMENT:
This staff report supports Goal #3, Promote Economic Development, specifically Strategy 3.3 to ensure adequate and creative staffing solutions to facilitate the entitlement process for new development; and Implementation Strategy 3.3 to ensure adequate and creative staffing solutions to facilitate the entitlement process for new development.
BACKGROUND: Contracting with consulting firms to provide on-call planning and environmental services
provides the City the ability to have process development applications more efficiently than in-house staff given the realities of the City’s staffing resources. When applications for development are submitted, City Staff will evaluate the project proposals and evaluate staffing resources and based on the evaluation assign the project to the on-call
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consultant. The consultants would handle all aspects of the work, including reviewing for application
completeness, attending development review meetings, working directly with the
applicant on plan revisions, preparing all notices and staff reports, and presenting at public hearings. Prior to initiating the work, a project overview meeting would be conducted by Staff and the consultants.
For projects that would require the preparation of an environmental initial study or
environmental impact report, or other technical studies, staff would first obtain a cost proposal, which would need to be accepted prior to work commencing. In accordance, with the City’s fee resolution, the developer would pay the consultant fees through a deposit-based system.
DISCUSSION: On May 14, 2019, the City of Grand Terrace entered into a three year agreements for on-call planning services with Michael Baker International and Moore Iacofano
Goltsman, Incorporated. Both consultants have provided on-call planning services on
projects that have been approved and/or still undergoing planning review.
• Michel Baker is working on the City’s Barton Road Specific Plan Amendment and
The Green’s Group Project.
• MIG provided environmental services for the Battery Energy Storage Facility, augmented services might be required during the project construction stage.
The City desires to extend the term of the Agreement with both consultants; therefore, Section IV of Exhibit “D” of each agreement is proposed to be amended to keep the Agreements in full force and effect until June 30, 2023.
Considering staffing needs, Staff is recommending that the City Council approves the
proposed agreement extensions with these firms that provide both planning and environmental services. FISCAL IMPACT:
There is no fiscal impact related to establishing the on-call planning and environmental services list. The costs associated with providing development services is borne by the developer. Funds have already been budgeted for this fiscal year 22-23 under professional services account 370-250-000-000.
ATTACHMENTS:
• Amendment 1 to Michael Baker 2019 contract for on-call planning services (DOCX)
• Michael Baker International-2019-16 (PDF)
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• Amendment 1 to Moore lacofano Goltsman, Incorporated 2019 contract for on-call planning services (DOCX)
• Moore Iacofano Goltsman, Incorporated-2019-15 (PDF)
APPROVALS:
Haide Aguirre Completed 07/05/2022 10:19 AM
City Attorney Completed 07/06/2022 7:34 AM
City Manager Completed 07/05/2022 1:13 PM
City Council Pending 07/12/2022 6:00 PM
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01247.0005/794186.1
AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF GRAND TERRACE AND MICHAEL BAKER INTERNATIONAL
This AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF GRAND TERRACE AND MICHAEL BAKER INTERNATIONAL (“Amendment No. 1”) by and between the CITY OF GRAND TERRACE (“City”) and
MICHAEL BAKER INTERNATIONAL, a California corporation (“Consultant”) is effective
as of the ______ day of ______, 2022.
RECITALS
A. The City and Consultant entered into an Agreement for Contract Services by and Between the City of Grand Terrace and Michael Baker International, dated May 14, 2019, for on-call planning services (as more particularly described therein) with a term of 3 years
(“Agreement”); and
B. Consultant has provided on-call planning services pursuant to the Agreement and continues to provide such on-call planning services.
C. The City and Consultant desire to extend the term of the Agreement until June 30, 2023, in order to ensure continuity on City planning project for which Consultant is providing
on-call planning services.
TERMS
1. Contract Amendments. The Agreement is amended as provided herein:
1.1 Section IV of Exhibit “D” of the Agreement is hereby amended in its entirety as follows:
“Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect from and after the Effective Date of this Agreement until June 30, 2023 (“Term”).”
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and
after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
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01247.0005/794186.1
Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.
5. Authority. The persons executing this Amendment No. 1 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 Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of the Agreement, as amended and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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01247.0005/794186.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. __ on the date and year first-above written.
CITY: CITY OF GRAND TERRACE, a municipal corporation
___________________________
Konrad Bolowich, City Manager ATTEST:
___________________________
Debra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP
_______________________ Adrian R. Guerra, City Attorney CONSULTANT:
Michael Baker International, a California corporation
By:
Name: Bob Stark
Title: Vice President By: Name: Michael A. Tylman Title: Assistant Secretary
Address: 3536 Concours Street, Suite 100 Ontario, CA 92764 NOTE: CONSULTANT’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 DEVELOPER’S BUSINESS ENTITY.
C.9.a
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01247.0005/794186.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO
On __________, 2022 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.
C.9.a
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01247.0005/794186.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO
On __________, 2022 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.
C.9.a
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AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
MICHAEL BAKER INTERNATIONAL
This "AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND MICHAEL BAKER INTERNATIONAL (herein "Agreement")
is made and entered into this 14th day of May, 2019 by and between the City of Grand Terrace, a
California municipal corporation ("City") and Michael Baker International, a California
corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred
to as "Party"and hereinafter collectively referred to as the "Parties."
RECITALS
A. City has sought the performance of the services, defined and described
particularly in Article 1 of this Agreement, pursuant to the City of Grand Terrace Municipal
Code.
B. Consultant was selected by the City to perform those services more particularly
described in Article 1 of this Agreement..
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 Consultant 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. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the "Scope of Services" 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,
Consultant represents and warrants that it has the qualifications, experience, and facilities
necessary to properly perform the services required under this Agreement in a thorough,
competent, and professional manner, and is experienced in performing the work and services
contemplated herein. Consultant shall at all times faithfully, competently and to the best of its
ability, experience and talent, perform all services described herein. Consultant 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
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intended. For purposes of this 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 Consultant's Proposal.
The Scope of Service shall include the Consultant's scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
Consultant 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 Licenses,Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant 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 Consultant'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.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services 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, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant's risk until written instructions
are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods 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
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responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City's own negligence.
1.7 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 parry shall be responsible
for the service of the other.
1.8 Additional Services.
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 Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of
the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred
eighty(180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services
to be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation
therefor. City may in its sole and absolute discretion have similar work done by other
consultants. No claims for an increase in the Contract Sum or time for performance shall be
valid unless the procedures established in this Section are followed.
1.9 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 Consultant 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 the amounts set forth in Exhibit "C" (the "Contract Sum"),
unless additional compensation is approved pursuant to Section 1.8.
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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
contract retention; (iii) payment for time and materials based upon the Consultant'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 maybe 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,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination ofthe performance of the work with City is a critical component ofthe services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant 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, Consultant is certifying
compliance with all provisions of the Agreement. The invoice 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. Consultant shall not invoice City for any duplicate services
performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and
undisputed invoice; however, Consultant 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 any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
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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.
Consultant 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
the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this
reference. When requested by the Consultant, 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 Consultant,
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 Consultant
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
Consultant be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Consultant's sole remedy being extension of the Agreement
pursuant to this Section.
3.4 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)
years 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 Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
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Bob Stark, AICP, Project Director
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 foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall
utilize only competent personnel to perform services pursuant to this Agreement. Consultant
shall make every reasonable effort to maintain the stability and continuity of Consultant's staff
and subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant'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 Consultant.
Consultant 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. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant's officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be G. Harold Duffey, City Manager, or such person as may be
designated by the City Manager. It shall be the Consultant's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Consultant 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.
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4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode
or means by which Consultant, 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 Consultant's employees, servants,representatives or agents, or in fixing
their number, compensation or hours of service. Consultant 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. Consultant
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 Consultant in its business or otherwise or a joint venturer or a member of any
joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant 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. 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 Consultant, 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 Consultant or
any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A
policy of comprehensive general liability insurance written on a per occurrence basis for bodily
injury, personal injury and property damage. The policy of insurance shall be in an amount not
less than $1,000, 000.00 per occurrence or if a general aggregate limit is used, then the general
aggregate limit shall be twice the occurrence limit.
b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
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or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
c) Automotive Insurance (Form CA 0001 (Ed 1/87) including`any auto" and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and
any automobile.
d) Professional Liability. Professional liability insurance appropriate to the
Consultant's profession. This coverage may be written on a "claims made" basis, and must
include coverage for contractual liability. The professional liability insurance required by this
Agreement must be endorsed to be applicable to claims based upon, arising out of or related to
services performed under this Agreement. The insurance must be maintained for at least 5
consecutive years following the completion of Consultant's services or the termination of this
Agreement. During this additional 5-year period, Consultant shall annually and upon request of
the City submit written evidence of this continuous coverage.
e) Subcontractors. Consultant 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.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not
contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of
subrogation and contribution it may have against the City, its officers, employees and agents and
their respective insurers. Moreover, the insurance policy must specify that where the primary
insured does not satisfy the self-insured retention, any additional insured may satisfy the self-
insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written
notice by certified mail return receipt requested to the City. In the event any of said policies of
insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence
of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete,
certified copies of and endorsements to all required insurance policies at any time. Any failure
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to comply with the reporting or other provisions of the policies including breaches or warranties
shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following "cancellation"notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED
THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY
30)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE
HOLDER NAMED HEREIN.
to be initialed] 6
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of
activities Consultant performs; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by
Consultant. The coverage shall contain no special limitations on the scope ofprotection afforded
to City, and their respective elected and appointed officers, officials, employees or volunteers.
Consultant's insurance shall apply separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At
the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City or its respective elected or appointed officers, officials, employees and
volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and claims. The Consultant agrees that
the requirement to provide insurance shall not be construed as limiting in any way the extent to
which the Consultant may be held responsible for the payment of damages to any persons or
property resulting from the Consultant's activities or the activities of any person or persons for
which the Consultant is otherwise responsible nor shall it limit the Consultant's indemnification
liabilities as provided in Section 5. 3.
In the event the Consultant subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Consultant is
required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be
provided to City.
5.3 Indemnification.
To the full extent permitted by law, Consultant 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,
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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 Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or
indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors'
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorney's fees incurred in connection therewith;
b) Consultant 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
Consultant hereunder; and Consultant 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 Consultant 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 Consultant hereunder, Consultant 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 attorney's
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Consultant 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 Consultant in the performance of professional
services 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 Consultant and shall survive
termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance 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
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
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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
Consultant agrees that the minimum limits of the insurance policies may be changed accordingly
upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS,REPORTS,AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies 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
three (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 Consultant's
business, custody of the books and records may be given to City, and access shall be provided by
Consultant's successor in interest. Notwithstanding the above, the Consultant 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.
Consultant 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. Consultant 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, Consultant
agrees that if Consultant 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 Consultant is providing design services, the cost of the project being designed, Consultant
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant 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"),
including any electronic documents and materials, prepared by Consultant, its employees,
subcontractors and agents in the performance of this Agreement shall be the property of City and
shall be delivered to City in a format of the City's choice upon request of the Contract Officer or
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upon the termination of this Agreement, and Consultant 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 Consultant will be at the City's sole risk
and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to
such use, reuse or assignment. Consultant may retain copies of such documents for its own use.
Consultant shall have the 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
Consultant fails to secure such assignment, Consultant shall indemnify City for all damages
resulting therefrom. Moreover, Consultant with respect to any documents and materials that may
qualify as "works made for hire" as deemed 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) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
b) Consultant, 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 Consultant gives City notice of such court order or subpoena.
c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
d) Consultant shall promptly notify City should Consultant, 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 Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or
mean the right by City to control, direct, or rewrite said response.
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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 Consultant covenants and agrees to submit to the personal
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; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the
City may take necessary steps to terminate this Agreement under this Article. Any failure on the
part of the City to give notice of the Consultant's default shall not be deemed to result in a
waiver of the City's legal rights or any rights arising out of any provision ofthis Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
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 Consultant's acts or omissions in performing or failing to perform Consultant'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 Consultant, 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 Consultant 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 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
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Agreement. Acceptance by City of any work or services by Consultant 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 parry 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, Consultant shall file a statutory 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 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 written notice to Consultant. In addition, the
Consultant may terminate this Contract for cause, upon sixty(60) days' advance written notice to
City. Upon receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except where
the Consultant has initiated termination, the Consultant 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 Consultant has initiated termination, the Consultant 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.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant 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 Consultant 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
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such damages), and City may withhold any payments to the Consultant for the purpose of set-off
or partial payment ofthe amounts owed the City as previously stated.
7.9 Attorney's 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.
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 Consultant, or 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 Consultant or to its successor, or for breach of any obligation of the
terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant's performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant 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.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, 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, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant 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.
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8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant 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, Consultant hereby agrees to and shall reimburse City for the cost of all such
liabilities or sanctions imposed, together with any and all costs, including attorney's 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 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 Rd, Grand Terrace, CA 92313, and in the case of the Consultant,
to the person(s) 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 ifmailed as provided in this Section.
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 ofwhich 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
Consultant 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.
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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
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.
Nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation, including but not limited to the Political Reform Act (Government
Code Sections 81000, et seq.)
Consultant 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. Consultant 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. Consultant 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 ofno force or effect.
Consultant'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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
City of
rd
Terrace, a municipal corporation
G. Harold fey, y Manager
TEST.
ebra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & E , LLP
a,/—
Adrian R. Guerra, City Attorney
CONSULTANT:
Michael Baker International, a California
Corporation
By:
Name:
Title: V
By:
Name: M- ek nnavL
Title: ssi-l-cw} '> -''e `'t
Address: 3536 Concours Street, Suite 100
Ontario, CA 91764
Two corporate officer signatures required when Consultant 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. CONSULTANT'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 CONSULTANT'S BUSINESS ENTITY.
01247.0005/553342.3 6/3/2019 20
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of
On before me, njo-
insert name and title of the officer
personally appeared 7\,\\l -- '6
who proved to me on the basis of satisfactory evidence to be the personA whose namef* is/ate
subscribed to the within instrument and acknowledged to me that he/s executed the same in
hisAiegthek authorized capacity(ie&), and that by his/hefAhek-signatureW on the instrument the
person(p), or the entity upon behalf of which the persons) 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.
NEVA W C08M
WITNESS my hand and official seal. a NOTARYCommissionPB
No.21 80RNIA
SAN DIEGO COUNTY
Commission Expires March 31,2021
Signatur,Seal)
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Bernardino
On June 4, 2019 before me, Maria Antonieta Medel, Notary Public
insert name and title of the officer)
personally appeared Michael A. Tylman -------------------------------------------------------
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.
4.°
MARIAANTONIETAMEDEL
Notary Public-California
San Bernardino County >Z Commission k 2250493
My Comm,Expires Aug 16,2022
Signatur Seal)
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EXHIBIT "A"
SCOPE OF SERVICES
I.Consultant will provide on-call planning and environmental services to the City
Services"). Depending on the needs of each individual project, the Services more
specifically may include,but are not limited to, the following:
A. Planning Services including,but not limited to:
i. Initial Site Assessment
ii. Review project for completeness and compliance with the General Plan,
Zoning Ordinances, Barton Road Specific Plan (if applicable) Design
Guidelines, and all applicable codes and ordinances
iii. Prepare letters for Director's review
iv. Attend Development Advisory Board meetings for the project
v. Coordinate comments from members of the Development Advisory Board
vi. Meet with applicants
vii. Coordinate the Project Review with CEQA Review
viii. Prepare public hearing notices, staff reports, resolutions and conditions of
approval
ix. Attend Planning and/or City Council meetings
x. File management for the project
xi. Plan Check review of projects including, but not limited to construction
plans, grading plan, landscape and irrigation plans, lighting plans, etc. for
compliance with conditions of approval.
B. Environmental Review Services, including,but not limited to:
i. Initial Site Assessment
ii. CEQA Initial Study to determine whether project requires EIR, MND,
ND, or CE
iii. Nosie Studies
iv. Air Quality
v. Transportation Studies
vi. Water Quality/Storm and Wastewater Control Management
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vii. Greenhouse Gas Emission Studies
viii. Biological and Cultural Resources Studies
ix. Environmental Mitigation Studies/Reports
x. Coordinate and distribute environmental documents and notices
xi. Mitigation Monitoring
xii. Preparation of Public Notices
xiii. Presentations at public meetings
xiv. Coordinate the CEQA Review with Project Review
C. Staff Augmentation with AB 18 and AB 52 Consultation
D. Prepare scope of work, budget, and schedule for assigned projects, to include
project coordination meetings with City Staff and applicant and all public
meetings and hearings.
E.Coordination with applicable agencies, including San Bernardino County
Departments, CalTrans, SCAQMD, Department of Fish and Wildlife, and any
other regulatory or advisory agencies related to project processing.
F. Assist City staff on City-initiated projects, as approved by the Contract Officer.
II. The Consultant has been selected to provide the Services which will be readily
available when needed for the fixed rates set forth in Exhibit C. However, before
any work is performed, the Consultant must provide a specific written Task
Proposal for any requested Services and get written approval of the terms of the
Task Proposal from the City, as such process is more fully described in the Work
Request Procedure below in Section III. Unless specifically defined, each category
or type of work listed in Exhibit C shall be construed broadly to include all services
customarily described under such category or type.
III. Work Request Procedure
A. Each task to be performed shall be set forth in a written request ("Request")
produced by the Contract Officer with a description of the work to be performed,
and the time desired for completion. All tasks shall be carried out in conformity
with all provisions of this Agreement.
B. Following receipt of the Request, the Consultant shall prepare a"Task Proposar
that includes the following components:
1) a written description of the requested task ("Task Description") including
all components and subtasks, and including any clarifications of the
descriptions provided in the Request;
2) the costs to perform the task("Task Budget");
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3) an explanation of how the cost was determined; and
4) a schedule for completion of the task ("Task Completion Schedule"),
including a final completion date ("Task Completion Date").
C. Contract Officer shall approve, modify, or reject the Task Proposal in writing, and
issue a Notice to Proceed when a written agreement has been reached on the Task
Proposal.
D. The task shall be performed at a cost not exceeding the Task Budget.
E. Consultant shall complete the task and deliver all deliverables to Contract Officer
by the Task Completion Date and in accordance with the Task Completion
Schedule.
IV. Consultant acknowledges that City has no obligation to request work from
Consultant under this Agreement. City may establish a rotation schedule with
multiple consultants, and may seek competing Task Proposals.
V. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering
the following status reports:
A. Consultant shall provide to City a weekly written summary of progress on all
approved Task Proposals for services lasting longer than one week.
VI. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. Work products and timelines based on agreed upon scope of work for assigned
projects.
VII. All work product is subject to review and acceptance by the City, and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
VIII. Consultant will utilize the following key personnel to accomplish the Services:
A. Bob Stark, AICP, Project Director
B. Rameeta Garewal,AICP, Planning Services Lead/Senior Project Manager
C. Siri Champion, Lead Project Manager, Senior Staff Planner
D. Emily Elliott, Entitlements Lead, Senior StaffPlanner
E. Peter Minegar, CEP-IT, Environmental Review Services Lead/Senior Staff
Planner
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EXHIBIT`B"
SPECIAL REQUIREMENTS
Superseding Contract Boilerplate)
I.Section 1.1, entitled "Scope of Services", of Article 1 is hereby amended and shall
now read as follows:
In compliance with all terms and conditions of this Agreement, the
Consultant shall provide those services specified in the "Scope of Services" 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, Consultant represents that it has the
qualifications, experience, and facilities necessary to properly perform the services
required under this Agreement in a thorough, competent, and professional manner, and
is experienced in performing the work and services contemplated herein. Consultant
shall at all times faithfully, competently and to the best of its ability, experience and
talent, perform all services described herein. Consultant covenants that it shall follow
the professional standards normally observed by a competent professional performing
similar services under similar circumstances 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."
II. Section 1.3, entitled "Compliance with Law", of Article 1 is hereby amended and
shall now read as follows:
Consultant shall keep itself informed concerning, and shall render all services
hereunder in accordance with, all applicable 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."
III. The following Sections are hereby added to Article 2:
2.6 CalPERS Exclusion. Under no circumstances shall any worker be assigned by
Consultant to provide City with continued service in excess of six months in accordance with
California Government Code section 20305. If a person is assigned by Consultant to perform
work for the City on a per diem basis, such person cannot work for City in excess of 125 days
within a calendar year. If a person is contracted to perform work for City by Consultant, in other
than a per diem basis, such person cannot perform work for City in excess of hours of services
within the fiscal year.
2.7 CalPERS Temporary Retired Annuitant. Unless approved by the Contract Officer, no
personnel of Consultant assigned to perform Services under this Agreement shall be a "retired
annuitant" from the California Public Employees Retirement System (CaIPERS). Prior to
assigning any personnel of Consultant to perform any work for the City, Consultant shall identify
potential candidates to the Contract Officer that are "retired annuitants" from CalPERS. If
approved by the Contract Officer, under no circumstances shall a retired annuitant work more
than 960 hours within a fiscal year. The compensation for the retired person shall be an hourly
01247.0005/553342.3 6/3/2019 B-1
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pay rate that is within the salary schedule for the position and shall not exceed the maximum
monthly base salary paid to other employees performing comparable duties as listed on a
publicly available pay schedule divided by 173.333 to equal an hourly rate in accordance with
California Government Code section 21224. A retired person appointed pursuant to this
Agreement shall not receive any benefit, incentive, compensation in lieu of benefits, or other
form of compensation in addition to the hourly pay rate. A retired annuitant will not accrue
service credit or any additional retirement rights or benefits.
IV. Subsection "d" of Section 5.1, entitled "Insurance Coverages", of Article 5 is hereby
amended and shall now read as follows:
Professional Liability. Professional liability insurance appropriate to the Consultant's
profession. This coverage may be written on a "claims made" basis. The insurance must be
maintained for at least 5 consecutive years following the completion of Consultant's services
or the termination of this Agreement. During this additional 5-year period, Consultant shall
annually and upon request of the City submit written evidence of this continuous coverage."
V. Section 5.2, entitled "General Insurance Requirements", of Article 5 is hereby
amended and shall now read as follows:
The commercial general liability and automobile liability policies of insurance shall be
primary insurance and shall name the City, its elected and appointed officers, employees and
agents as additional insureds and any insurance maintained by City or its officers, employees or
agents may apply in excess of, and not contribute with Consultant's insurance. The insurer is
deemed hereof to waive all rights of subrogation and contribution it may have against the City,
its officers, employees and agents and their respective insurers. Moreover, the insurance policy
must specify that where the primary insured does not satisfy the self-insured retention, any
additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written
notice by certified mail return receipt requested to the City. In the event any of said policies of
insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence
of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete,
certified copies of and endorsements to all required insurance policies at any time. Except as to
the professional liability insurance, any failure to comply with the reporting or other provisions
of the policies including breaches or warranties shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following"cancellation"notice:
CANCELLATION:
01247.0005/553342.3 6/3/2019 B-2
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
to be initialed]
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds on the commercial general liability and
automobile liability polices of insurance as respects: liability arising out of activities Consultant
performs; products and completed operations of Consultant; premises owned, occupied or used
by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to City, and
their respective elected and appointed officers, officials, employees or volunteers. Consultant's
insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At
the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City or its respective elected or appointed officers, officials, employees and
volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and claims. The Consultant agrees that
the requirement to provide insurance shall not be construed as limiting in any way the extent to
which the Consultant may be held responsible for the payment of damages to any persons or
property resulting from the Consultant's activities or the activities of any person or persons for
which the Consultant is otherwise responsible nor shall it limit the Consultant's indemnification
liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5
of this Agreement, the contract between the Consultant and such subcontractor shall require the
subcontractor to maintain the same policies of insurance that the Consultant is required to
maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to
City."
V. Subsection"c" of Section 5.3, entitled "Indemnification", of Article 5 is hereby
amended and shall now read as follows:
In the event the City, its officers, agents or employees is made a party to any
action or proceeding filed or prosecuted against Consultant 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 Consultant hereunder, Consultant 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.
01247.0005/553342.3 6/3/2019 B-3
C.9.b
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Consultant shall incorporate similar indemnity agreements with its subcontractors and ifit fails
to do so Consultant 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 Consultant in the performance of professional
services hereunder. The provisions ofthis 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
parties expressly agree that in the event claims, losses, damages, or expenses are caused by the
joint or concurrent negligence of City and Consultant,they shall be borne by each party in
proportion to its negligence. The indemnity obligation shall be binding on successors and assigns
of Consultant and shall survive termination of this Agreement."
01247.0005/553342.3 6/3/2019 B-4
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EXHIBIT "C"
SCHEDULE OF COMPENSATION
I.Consultant shall perform the on-call services at the rates listed in Exhibit "C-1".
The rates provided in Exhibit "C-1" may not be escalated during the term of this
Agreement. Consultant shall be compensated based upon the time and rates of the
personnel performing the tasks and itemizing materials and equipment utilized and
the costs thereof,which shall conform to the requirements provided in Exhibit"A".
H. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice shall be accompanied by all Task Proposal's for which
Consultant is requesting compensation. 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 subconsultant labor, supplies, equipment, materials, and
travel properly charged to the Services.
III. The total compensation for the Services shall be as follows:
A. For Services that will be reimbursed by an applicant/developer,the
maximum amount of compensation shall be established in accordance with
the procedure described in Section III of Exhibit"A".
B. For Services provided under Section I.F of Exhibit"A" (City initiated
projects),there shall be a maximum total compensation of$25,000 during the
term of this Agreement.
01247.0005/553342.3 6/3/2019 C-1
C.9.b
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EXHIBIT "C-1"
RATE SCHEDULE
Team Member Role Hourly Rate
Bob Stark, AICP Project Director/Advisor 235.00
Rameeta Garewal,AICP Planning Lead/Senior Project 260.00
Manager
Siri Champion Lead Project Manager 175.00
Nicole Marotz, AICP, LEED AP CEQA Planner 160.00
Darren Edgington, CEP-IT CEQA Project Manager 155.00
Renee Gleason CEQA Planner 150.00
Peter Minegar, CEP-IT CEQA Lead 148.00
Emily Elliott, AICP Entitlements Lead 145.00
Alex Pohlman, EIT GIS Lead 130.00
Kendell Hillis GIS Planner 105.00
Connor Szeto Assistant Planner 80. 00
MBAKERINTL.COM
C.9.b
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A 3% escalation rate will apply to the above rates for each subsequent year of the contract duration.
For additional staff, when required, hourly rates will be as per"Rate Schedule" attached below.
Other Direct Costs: Mileage for travel to and from City offices to project sites would be reimbursed
at the applicable federal rate. Administrative costs (copies, mailing, etc.) will be billed at cost with
no markup (our current rates are listed below). Services for long-range planning and special projects
and environmental services will be billed in accordance with the terms established under specific
task orders.
Type of ODC Unit Cost Estimated Budget
Amount
8.5x11 b/w 04 EA
8.5x1I color 17 EA
11 x 17 b/w 18 EA
11x17 color 34 EA
Full Size Plotting At cost Per SF
Outside Vendor Reprographics At Cost
Mileage At Current
Federal Rate
Per Diem(Hotel & Incidentals) At Current
Federal Rate
Air Travel At Cost
Certified Mailing At Cost
Non-Standard/Specialized Software At Cost
Non-Standard/Specialized Equipment At Cost
Other Public Meeting Costs (venue rental, food, etc.) $ At Cost
MBAKERINTL.COM
C.9.b
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EXHIBIT "If
SCHEDULE OF PERFORMANCE
I.Consultant shall perform all Services timely. to. ensure the prompt and .timely
processing of all planning"related applications and approval thereof by the planning
department, Planning Commission, and/or City Council..
IT. Consultant shall timely:deliver the any and:all documents related to the Services, as- • "
described in Section. I of Exhibit* ".A", to the City for the processing. of, .and
approval, of any and:all:applications for development.by the planning department,
Planning Commission, and/or City Council.
III.:_ The Contract Officer .may approve extensions for. performance of the services in-
accordance with Section 3,2.
IV. Unless earlier terminated in :accordance"-with Article 7 of this Agreement, this
Agreement shall continue in full force and effect from and after the Effective Date of
this-Agreement for a,"term of three (3)years ("Term").
01247.0005/553342.3 6/3/2019 D-1 "
C.9.b
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August 21, 2020
Steven Weiss, AICP
CITY OF GRAND TERRACE
22795 Barton Road
Grand Terrace, CA 92313
Re: On-Call Planning Services Staffing Updates
Dear Mr. Weiss,
As discussed on August 20, 2020, we request an update to Attachment C-1 of our Agreement for Professional
Services for On-Call Planning Services between the City of Grand Terrace and Michael Baker International, Inc.
Further, we would like to designate Peter Minegar as the primary point of contact and lead project manager for
performance of this Agreement.
Pursuant to our discussion, we request an update to the staffing matrix as follows:
Team Member Role Hourly Rate
Bob Stark, AICP Project Director/Advisor 235.00
Planning Lead/Senior Project Manager 260.00
Peter Minegar, Shelah Riggs Lead Project Manager 175.00
Nicole Marotz CEQA Planner 160.00
CEQA Project Manager 155.00
Renee Gleason CEQA Planner 150.00
Alicia Gonzalez CEQA Lead 148.00
Emily Elliott, AICP Entitlements Lead 145.00
Rick Henrickson, Jim McPherson GIS Lead 130.00
Zachary Pekin, David Christie,
Garett Peterson
GIS Planner 105.00
Assistant Planner 80.00
If you have any questions regarding these updates, please contact me via phone (858-527-7829) or via email
bstark@mbakerintl.com). You can also contact Peter Minegar via phone (951-506-3523) or via email
peter.minegar@mbakerintl.com).
Regards,
Bob Stark, AICP Peter Minegar
Vice President/Principal in Charge Senior Associate/Department Manager
C.9.b
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01247.0005/794186.1
AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF GRAND TERRACE AND MOORE IACOFANO GOLTSMAN, INCORPORATED
This AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF GRAND TERRACE AND MICHAEL BAKER INTERNATIONAL (“Amendment No. 1”) by and between the CITY OF GRAND TERRACE (“City”) and
MOORE IACOFANO GOLTSMAN, INCORPORATED, a California corporation
(“Consultant”) is effective as of the 12 day of July, 2022.
RECITALS
A. The City and Consultant entered into an Agreement for Contract Services by and Between the City of Grand Terrace and Moore Iacofano Goltsman, Incorporated, dated May 14, 2019, for on-call planning services (as more particularly described therein) with a term of 3 years
(“Agreement”); and
B. Consultant has provided on-call planning services pursuant to the Agreement and continues to provide such on-call planning services.
C. The City and Consultant desire to extend the term of the Agreement until June 30, 2023, in order to ensure continuity on City planning project for which Consultant is providing
on-call planning services.
TERMS
1. Contract Amendments. The Agreement is amended as provided herein:
1.1 Section IV of Exhibit “D” of the Agreement is hereby amended in its entirety as follows:
“Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect from and after the Effective Date of this Agreement until June 30, 2023 (“Term”).”
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and
after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
C.9.c
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01247.0005/794186.1
Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.
5. Authority. The persons executing this Amendment No. 1 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 Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of the Agreement, as amended and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
C.9.c
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01247.0005/794186.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. __ on the date and year first-above written.
CITY: CITY OF GRAND TERRACE, a municipal corporation
___________________________
Konrad Bolowich, City Manager ATTEST:
___________________________
Debra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP
_______________________ Adrian R. Guerra, City Attorney CONSULTANT:
Moore Iacofano Goltsman, Incorporated, a California Corporation
By:
Name: Daniel Iacofano
Title: CEO President By: Name: Carolyn Verheyen Title: COO, Vice President
Address: 1500 Iowa Avenue, Suite 110 Riverside, CA 92507 NOTE: CONSULTANT’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 DEVELOPER’S BUSINESS ENTITY.
C.9.c
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01247.0005/794186.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO
On __________, 2022 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.
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01247.0005/794186.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO
On __________, 2022 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.
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AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
MOORE IACOFANO GOLTSMAN, INCORPORATED
This "AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND MOORE IACOFANO GOLTSMAN, INCORPORATED (herein
Agreement") is made and entered into this 14th day of May, 2019 by and between the City of
Grand Terrace, a California municipal corporation ("City") and Moore Iacofano Goltsman,
Incorporated, a California corporation ("Consultant"). City and Consultant are sometimes
hereinafter individually referred to as "Party" and hereinafter collectively referred to as the
Parties."
RECITALS
A. City has sought the performance of the services, defined and described
particularly in Article 1 of this Agreement, pursuant to the City of Grand Terrace Municipal
Code.
B. Consultant was selected by the City to perform those services more particularly
described in Article 1 of this Agreement..
C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enterintoandexecutethisAgreement.
D. The Parties desire to formalize the selection of Consultant 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. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the "Scope of Services" 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,
Consultant represents and warrants that it has the qualifications, experience, and facilities
necessary to properly perform the services required under this Agreement in a thorough,
competent, and professional manner, and is experienced in performing the work and services
contemplated herein. Consultant shall at all times faithfully, competently and to the best of its
ability, experience and talent, perform all services described herein. Consultant covenants that it
shall follow the highest professional standards in performing the work and services required
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hereunder and that all materials will be both of good quality as well as fit for the purpose
intended. For purposes of this 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 Consultant's Proposal.
The Scope of Service shall include the Consultant's scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
Consultant 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 Licenses, Permits, Fees and Assessments
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant 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 necessaryfortheConsultant'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 Cityhereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughlyinvestigatedandconsideredthescopeofservicestobeperformed, (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, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant's risk until written instructions
are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods 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
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responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City's own negligence.
1.7 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.
1.8 Additional Services.
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 Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of
the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred
eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services
to be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation
therefor. City may in its sole and absolute discretion have similar work done by other
consultants. No claims for an increase in the Contract Sum or time for performance shall be
valid unless the procedures established in this Section are followed.
1.9 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 Consultant 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 the amounts set forth in Exhibit "C" (the "Contract Sum"),
unless additional compensation is approved pursuant to Section 1.8.
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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
contract retention; (iii) payment for time and materials based upon the Consultant'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,and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant 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
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant 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 ofFinance. By submitting an invoice for payment under this Agreement, Consultant is certifying
compliance with all provisions of the Agreement. The invoice 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. Consultant shall not invoice City for any duplicate services
performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of thisAgreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and
undisputed invoice; however, Consultant 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 any charges or expenses are disputed by City, the original invoice shall be returned by CitytoConsultantforcorrectionandresubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance ofthis Agreement.
3.2 Schedule of Performance.
Consultant 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
the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this
reference. When requested by the Consultant, 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 Maieure.
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 Consultant,
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 Consultant
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 whenandifinthejudgmentoftheContractOfficersuchdelayisjustified. The Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Consultant be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Consultant's sole remedy being extension of the Agreement
pursuant to this Section.
3.4 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)
years 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 Consultant
The following principals of Consultant ("Principals") are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
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Pamela D. Steele, Principal
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 foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall
utilize only competent personnel to perform services pursuant to this Agreement. Consultant
shall make every reasonable effort to maintain the stability and continuity of Consultant's staff
and subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant'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 Consultant.
Consultant 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. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant's officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be G. Harold Duffey, City Manager, or such person as may be
designated by the City Manager. It shall be the Consultant's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Consultant 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.
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Neither the City nor any of its employees shall have any control over the manner, mode
or means by which Consultant, 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 Consultant's employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Consultant 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. Consultant
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 Consultant in its business or otherwise or a joint venturer or a member of any
joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant 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. 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 Consultant, 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 Consultant or
any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A
policy of comprehensive general liability insurance written on a per occurrence basis for bodily
injury, personal injury and property damage. The policy of insurance shall be in an amount not
less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general
aggregate limit shall be twice the occurrence limit.
b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
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or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
c) Automotive Insurance (Form CA 0001 (Ed 1/87) including `any auto" and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
1,000,000: Said policy shall include coverage for owned, non-owned, leased, hired cars and
any automobile.
d) Professional Liability. Professional liability insurance appropriate to the
Consultant's profession. This coverage may be written on a "claims made" basis, and must
include coverage for contractual liability. The professional liability insurance required by this
Agreement must be endorsed to be applicable to claims based upon, arising out of or related to
services performed under this Agreement. The insurance must be maintained for at least 5
consecutive years following the completion of Consultant's services or the termination of this
Agreement. During this additional 5-year period, Consultant shall annually and upon request of
the City submit written evidence of this continuous coverage.
e) Subcontractors. Consultant 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.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not
contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of
subrogation and contribution it may have against the City, its officers, employees and agents and
their respective insurers. Moreover, the insurance policy must specify that where the primary
insured does not satisfy the self-insured retention, any additional insured may satisfy the self-
insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written
notice by certified mail return receipt requested to the City. In the event any of said policies of
insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence
of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete,
certified copies of and endorsements to all required insurance policies at any time. Any failure
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to comply with the reporting or other provisions of the policies including breaches or warranties
shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following"cancellation"notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED
THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY
30)-DAY ADVANCE WRITTEN NOTICE T CERTIFICATE
HOLDER NAMED HWIN.[
to be initialed]
s
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of
activities Consultant performs; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by
Consultant. The coverage shall contain no special limitations on the scope of protection afforded
to City, and their respective elected and appointed officers, officials, employees or volunteers.
Consultant's insurance shall apply separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At
the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City or its respective elected or appointed officers, officials, employees and
volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and claims. The Consultant agrees that
the requirement to provide insurance shall not be construed as limiting in any way the extent to
which the Consultant may be held responsible for the payment of damages to any persons or
property resulting from the Consultant's activities or the activities of any person or persons for
which the Consultant is otherwise responsible nor shall it limit the Consultant's indemnification
liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Consultant is
required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be
provided to City.
5.3 Indemnification.
To the full extent permitted by law, Consultant 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,
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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 Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or
indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors'
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorney's fees incurred in connection therewith;
b) Consultant 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
Consultant hereunder; and Consultant 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 Consultant 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 Consultant hereunder, Consultant 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 attorney'sfees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Consultant 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 Consultant in the performance of professional
services 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 Consultant and shall survive
termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance 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
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
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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
Consultant agrees that the minimum limits of the insurance policies may be changed accordingly
upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS,AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies 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
three (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 Consultant's
business, custody of the books and records may be given to City, and access shall be provided by
Consultant's successor in interest. Notwithstanding the above, the Consultant 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.
Consultant 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. Consultant 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, Consultant
agrees that if Consultant 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 Consultant is providing design services, the cost of the project being designed, Consultant
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant 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"),
including any electronic documents and materials, prepared by Consultant, its employees,
subcontractors and agents in the performance of this Agreement shall be the property of City and
shall be delivered to City in a format of the City's choice upon request of the Contract Officer or
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upon the termination of this Agreement, and Consultant 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 Consultant will be at the City's sole risk
and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to
such use, reuse or assignment. Consultant may retain copies of such documents for its own use.
Consultant shall have the 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
Consultant fails to secure such assignment, Consultant shall indemnify City for all damages
resulting therefrom. Moreover, Consultant 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) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the CityAttorney, 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 Consultant gives City notice of such court order or subpoena.
c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
d) Consultant shall promptly notify City should Consultant, 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 Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or
mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
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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 Consultant covenants and agrees to submit to the personal
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; Default.
In the event that Consultant is in default under the terms ofthis Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the
City may take necessary steps to terminate this Agreement under this Article. Any failure on the
part of the City to give notice of the Consultant's default shall not be deemed to result in a
waiver of the City's legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention ofFunds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
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 Consultant's acts or omissions in performing or failing to perform Consultant'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 Consultant, 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 Consultant 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 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 Consultant 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
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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, Consultant shall file a statutory 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 Termination Prior to Expiration of Term
This Section shall govern any termination of this Contract except as specifically providedinthefollowingSectionforterminationforcause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon written notice to Consultant. In addition, the
Consultant may terminate this Contract for cause, upon sixty (60) days' advance written notice to
City. Upon receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except where
the Consultant has initiated termination, the Consultant 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 Consultant has initiated termination, the Consultant 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.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant 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 Consultant 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 Consultant for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
7.9 Attornev's Fees.
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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.
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 Consultant, or 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 Consultant or to its successor, or for breach of any obligation of the
terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant's performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant 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.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, 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, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant 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.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant 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
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unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
liabilities or sanctions imposed, together with any and all costs, including attorney's 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 and
either served personally or sent by prepaid, first-class mail, in the case of the City, to the CityManagerandtotheattentionoftheContractOfficer (with her/his name and City title), City of
Grand Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant,
to the person(s) 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.
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
Consultant 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
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of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party ofthe basic benefit oftheir bargain or renders this Agreement meaningless.
9.6 Warranty& Representation ofNon-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
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.
Nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation, including but not limited to the Political Reform Act (Government
Code Sections 81000, et seq.)
Consultant 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. Consultant 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 parry including, but not limited to, any
City official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant 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 oWeffect.
Consultant's Authorized Initia V
l\
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
parry is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said parry, (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 parry is bound. This Agreement
shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
City of Gr Terrac , a municipal corporation
G. Harold D , City g
nEST:11 ,4L,f
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & ". LLP
Lac_ /c
Adrian R. Guerra, City Attorney
CONSULTANT:
Moore ofano Gol sman, Incorporated, a
Calif is o orati n
By:
Name:
Title: v
By.
Name: WJ 'A'1,
Title:V-I'
n
Address: 1500 Iowa Avenue, Suite 110
Riverside, CA 92507
Two corporate officer signatures required when Consultant 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. CONSULTANT'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 CONSULTANT'S BUSINESS ENTITY.
19
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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
FJ R G-w r,A FS
COUNTY OF SA IiBA
i piLvanl y
On M--/ -7 , 2019 before me, 13'4' 'L-7"4
ersonally appeared ``` proved to me on
the basis of satisfactory evidence to be the persons whose names(g) Ware subscribed to the within instrument and
acknowledged to me that he/W/thdy executed the same in his/her/thplr authorized capacity(*), and that by
his/her/tloir signature(o) on the instrument the person(w), or the entity upon behalf of which the persons) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph istrueandcorrect.
WITNESS my hand and official seal. NIIR. NK iiltbll IT4NQbryPubAC•Cd4i66EaSignaturtommiislion12Ldi9669
M Comm.E im Mt 16.Ei)20
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 DOCUMENTALR,csL•r*- 7 -r/r- Cu,7.d-c7 r&+ jCy1jwrti..INDIVIDUAL Dy 3 4 7y
CORPORATE OFFICER
GG y TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED I
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAM EOF ERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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.
01247.0005/553298.1 5/8/2019
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STATE OF CALIFORNIA
COUNTY OF
On J 3 rr
2019 before me "'"`''
L 1o9•j Win f , rs
personally appeared M, roved to me on
the basis of satisfactory evidence to be the person(A whose names( is/,are subscribed to the within instrument and
acknowledged to me that kGshe/tly executed the same in higher/tI)k& authorized capacity(jes), and that by
h}d/her/tWr signature(g) on the instrument the person(), or the entity upon behalf of which the persons 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. NARESNKUMAA BNAKTA
Notary Public•California
Alameda County
Slgnatur ram— '
Commission M 2149669
M Comm.Ea lies M'-,,16.2020
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 Sy G7 y
CORPORATE OFFICER 7', '+ 'j '°. 1.44"'0~0 G X.,
y o 5e'nt1-eL-j I
VQ TITLE OR TYPE OF DOCUMENT
TITLE(S)
I
PARTNER(S) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVEt-A I G- /n-rr-
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EXHIBIT "A"
SCOPE OF SERVICES
I.Consultant will provide on-call planning and environmental services to the City
Services"). Depending on the needs of each individual project, the Services more
specifically may include, but are not limited to, the following:
A. Planning Services including, but not limited to:
i. Initial Site Assessment
ii. Review project for completeness and compliance with the General
Plan, Zoning Ordinances, Barton Road Specific Plan (if applicable)
Design Guidelines, and all applicable codes and ordinances
iii. Prepare letters for Director's review
iv. Attend Development Advisory Board meetings for the project
V. Coordinate comments from members of the Development
Advisory Board
vi. Meet with applicants
vii.Coordinate the Project Review with CEQA Review
viii. Prepare public hearing notices, staff reports, resolutions and
conditions of approval
ix. Attend Planning and/or City Council meetings
X. File management for the project
xi. Plan Check review of projects including, but not limited to
construction plans, grading plan, landscape and irrigation plans, lighting
plans, etc. for compliance with conditions of approval.
B. Environmental Review Services, including,but not limited to:
i. Initial Site Assessment
ii. CEQA Initial Study to determine whether project requires EIR,
MND, ND, or CE
iii. Nosie Studies
iv. Air Quality
V. Transportation Studies
vi. Water Quality/Storm and Wastewater Control Management
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vii.Greenhouse Gas Emission Studies
viii. Biological and Cultural Resources Studies
ix. Environmental Mitigation Studies/Reports
X. Coordinate and distribute environmental documents and notices
Xi. Mitigation Monitoring
xii.Preparation of Public Notices
xiii. Presentations at public meetings
xiv. Coordinate the CEQA Review with Project Review
C. Staff Augmentation with AB 18 and AB 52 Consultation
D. Prepare scope of work, budget, and schedule for assigned projects, to include
project coordination meetings with City Staff and applicant and all public
meetings and hearings.
E. Coordination with applicable agencies, including San Bernardino County
Departments, CalTrans, SCAQMD, Department of Fish and Wildlife, and any
other regulatory or advisory agencies related to project processing.
F. Assist City staff on City-initiated projects, as approved by the Contract Officer.
II. The Consultant has been selected to provide the Services which will be readily
available when needed for the fixed rates set forth in Exhibit C. However, before
any work is performed, the Consultant must provide a specific written Task
Proposal for any requested Services and get written approval of the terms of the
Task Proposal from the City, as such process is more fully described in the Work
Request Procedure below in Section III. Unless specifically defined, each category
or type of work listed in Exhibit C shall be construed broadly to include all services
customarily described under such category or type.
III. Work Request Procedure
A. Each task to be performed shall be set forth in a written request ("Request")
produced by the Contract Officer with a description of the work to be performed,
and the time desired for completion. All tasks shall be carried out in conformity
with all provisions of this Agreement.
B. Following receipt of the Request, the Consultant shall prepare a"Task Proposal"
that includes the following components:
1) a written description of the requested task ("Task Description") including
all components and subtasks, and including any clarifications of the
descriptions provided in the Request;
2) the costs to perform the task("Task Budget");
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3) an explanation of how the cost was determined; and
4) a schedule for completion of the task ("Task Completion Schedule"),
including a final completion date ("Task Completion Date").
C. Contract Officer shall approve, modify, or reject the Task Proposal in writing, and
issue a Notice to Proceed when a written agreement has been reached on the Task
Proposal.
D. The task shall be performed at a cost not exceeding the Task Budget.
E. Consultant shall complete the task and deliver all deliverables to Contract Officer
by the Task Completion Date and in accordance with the Task Completion
Schedule.
IV. Consultant acknowledges that City has no obligation to request work from
Consultant under this Agreement. City may establish a rotation schedule with
multiple consultants, and may seek competing Task Proposals.
V. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering
the following status reports:
A. Consultant shall provide to City a weekly written summary of progress on all
approved Task Proposals for services lasting longer than one week.
VI. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. Work products and timelines based on agreed upon scope of work for assigned
projects.
VII. All work product is subject to review and acceptance by the City, and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
VIH. Consultant will utilize the following personnel to accomplish the Services:
A. Pamela D. Steele, Principal
B. Lisette Sanchez-Mendoza, Senior Planner
C. Mina Morgan, Associate Planner
D. Bob Prasse, Project Manager
E. John Campbell, PHD
F. Christopher Purtell, RPA
G. Chris Dugan
H. Cameron Hile
01247.0005/553298.1 5/ 8/2019 A-24
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EXHIBIT "B"
SPECIAL REQUIREMENTS
Superseding Contract Boilerplate)
I.The following Sections are hereby added to Article 2:
2.6 Ca1PERS Exclusion. Under no circumstances shall any worker be assigned by
Consultant to provide City with continued service in excess of six months in accordance with
California Government Code section 20305. If a person is assigned by Consultant to perform
work for the City on a per diem basis, such person cannot work for City in excess of 125 days
within a calendar year. If a person is contracted to perform work for City by Consultant, in other
than a per diem basis, such person cannot perform work for City in excess of hours of services
within the fiscal year.
2. 7 Ca1PERS Temporary Retired Annuitant. Unless approved by the Contract Officer, no
personnel of Consultant assigned to perform Services under this Agreement shall be a "retired
annuitant" from the California Public Employees Retirement System (Ca1PERS). Prior to
assigning any personnel of Consultant to perform any work for the City, Consultant shall identify
potential candidates to the Contract Officer that are "retired annuitants" from Ca1PERS. If
approved by the Contract Officer, under no circumstances shall a retired annuitant work more
than 960 hours within a fiscal year. The compensation for the retired person shall be an hourly
pay rate that is within the salary schedule for the position and shall not exceed the maximum
monthly base salary paid to other employees performing comparable duties as listed on a
publicly available pay schedule divided by 173.333 to equal an hourly rate in accordance with
California Government Code section 21224. A retired person appointed pursuant to this
Agreement shall not receive any benefit, incentive, compensation in lieu of benefits, or other
form of compensation in addition to the hourly pay rate. A retired annuitant will not accrue
service credit or any additional retirement rights or benefits.
01247.0005/553298.1 5/8/2019 B-26
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EXHIBIT "C"
SCHEDULE OF COMPENSATION
I.Consultant shall perform the on-call services at the rates listed in Exhibit "C-1".
The rates provided in Exhibit "C-1" may not be escalated during the term of this
Agreement. Consultant shall be compensated based upon the time and rates of the
personnel performing the tasks and itemizing materials and equipment utilized and
the costs thereof, which shall conform to the requirements provided in Exhibit"A".
II. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice shall be accompanied by all Task Proposal's for which
Consultant is requesting compensation. 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 subconsultant labor, supplies, equipment, materials, and
travel properly charged to the Services.
III. The total compensation for the Services shall be as follows:
A. For Services that will be reimbursed by an applicant/developer, the
maximum amount of compensation shall be established in accordance with
the procedure described in Section III of Exhibit"A".
B. For Services provided under Section I.F of Exhibit"A" (City initiated
projects), there shall be a maximum total compensation of$25,000 during the
term of this Agreement.
01247.0005/553298.1 5/8/2019 C-27
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EXHIBIT "C-1"
RATESCHEDULE
Consultant shall perform the Services under Exhibit A based upon an hourly, time, and
materials basis. Consultant shall also be compensated for reimbursements and out of pocket
expenses, provided that City approves such reimbursements and out of pocket expenses in
writing. Consultant's rates are as follows:
Principal 205.00
Director of Environmental Services/Analyses $185.00
Senior Project Planner 125.00
Primary Analyst 125.00
Associate Project Planner 100.00
Assistant Project Planner 90.00 .
Assistant Analyst 90. 00
Word Processing 65.00
Reimbursable Expenses
Black/White Prints O.10/page
Color Prints 1.00/ a e
11"x 17" Color Prints 2.00/ a e
Postage At Cost
Other Cost plus
10%
Expert Witness Fee
If requested to be an expert witness by the City, the fees for deposition and testimony
will be billed at$350.00/hour.
01247.0005/553298.1 5/8/2019 C-28
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I.Consultant shall perform all Services timely to ensure the prompt and timely
processing of all planning related applications and approval thereof by the planning
department, Planning Commission, and/or City Council.
II. Consultant shall timely deliver the any and all documents related to the Services, as
described in Section I of Exhibit "A", to the City for the processing of, and
approval, of any and all applications for development by the planning department,
Planning Commission, and/or City Council.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
IV. Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect from and after the Effective Date of
this Agreement for a term of three (3) years ("Term").
01247.0005/553298.1 5/8/2019 D-29
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M
March 25, 2019
Sandra Molina
Planning and Development Services Director
City of Grand Terrace
22795 Barton Rd.
Grand Terrace, CA 92313
Via email: smolina@grandterrace-ca.gov
Dear Ms. Molina:
Thank you for requesting a proposal for MIG to provide on-call Case Planner Services for the City of
Grand Terrace.
We understand that the City is requesting assignment of a senior level planner to handle Planning
Application review for a variety of projects as needed. We further understand that the City wishes the
assigned planner to act as a member of the City staff and to handle all aspects of the processing of the
project and review as if she were on the City's staff.
At this time, MIG proposes to assign Ms. Lisette Sanchez-Mendoza,Senior Planner,to assist the City in
this manner. Ms.Sanchez-Mendoza has over 13 years of experience in the planning field and has been a
Planner on staff to the City of Hesperia and a contract Planner for the cities of Murrieta and Covina,and
San Bernardino County.She is experienced in all facets of city planning and has processed numerous
projects including general plan amendments and rezonings. I have attached her resume.
PLANNING SERVICES SCOPE OF WORK
Initial Site Assessment
Review project for completeness and compliance with the General Plan, Zoning Ordinances,
Specific Plan (if applicable), Design Guidelines,and all applicable codes and ordinances
Prepare letters for Director's review
Attend Development Advisory Board meetings for the project
Coordinate comments from members of the Development Advisory Board
Meet with applicants
PLANNING I DESIGN I COMMUNICATIONS I MANAGEMENT I TECHNOLOGY
1500 Iowa Avenue, Suite 110 • Riverside, California 92507 • USA • 951 787 9222 .vww migcom.com
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City of Grand Terrace March 25,2019
Case Planner Services
Coordinate the Project Review with CEQA Review
Prepare public hearing notices, staff reports, resolutions and conditions of approval
Attend Planning and/or City Council meetings
File management for the project
Plan Check review of projects including, but not limited to construction plans,grading plan,
landscape and irrigation plans, lighting plans,etc.for compliance with conditions of
approval.
BUDGET:
Our work is performed on an hourly,time and materials basis,and only actual time and expenses will be
billed.As identified in our On-Call contract with the City, our Senior Planner billing rate is$120 per hour.
Reimbursements and any out of pocket expenses will be billed at cost plus 10 percent. Invoices are sent
on a monthly basis and payments are due within 30 days.
If there is anything more you need or wish to discuss this further, please contact me at either
pams@migcom.com or 951-787-9222.
Thank you again for this opportunity.We look forward to hearing from you and working with the City
staff.
Sincerely,
Pamela Steele
Principal
Attachment: Resume for Lisette Sanchez-Mendoza
2
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AGENDA REPORT
MEETING DATE: July 12, 2022 Council Item
TITLE: Award and Approve Agreement with Bell Roof Company, Inc. for Grand Terrace Civic Center Re-Roof and Repair
Services
PRESENTED BY: Luis Gardea, Building Official
RECOMMENDATION: 1. Award and Approve an Agreement for Re-roof and Repair Services at the Grand Terrace Civic Center Building to Bell Roof Company, Inc. in the amount of $211,450 with a
10% Contingency ($21,145).
2. Authorize the City Manager to execute the Agreement subject to City Attorney approval as to form.
2030 VISION STATEMENT: This staff report supports Goal #2 “Ensuring Our Fiscal Viability.” BACKGROUND: The City of Grand Terrace Civic Center building was designed in October 1983 and completed a few years later. Since then, it has been a landmark for the City as well as a hub for essential services. It currently houses City Hall, City Council Chambers, and the
San Bernardino County Grand Terrace Branch Library. Over the past recent months there has been deterioration of the roof and staff is requesting approval from City Council to select a bid for re-roof and repair services of the Civic Center building. DISCUSSION:
City staff issued bid documents for re-roof and repair services in accordance with the City’s purchasing ordinance. On May 20, 2022, the City issued a Notice Inviting Bids, and only one (1) bid was submitted. The company and its total base bid are as follows:
Total Compensation
Bid 1 Bell Roof Company,
Inc.
$211,450
The contractor's and subcontractor’s licenses are valid, in good standing, and references provided positive feedback. The total compensation for Bell Roof Company,
Inc. would be $211,450, which will be fully provided upon satisfaction by staff. Building
inspections of the work performed will be completed by Willdan Engineering.
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The scope of work includes removal and disposal of existing tile, install 2 layers of #30 tar paper over the mopped underlayment. Install all new roof metals and flashings, and install new Eagle Lite Ponderosa Tile, with color of choice.
Staff is recommending that Council award to and approve an Agreement with Bell Roof
Company, Inc. (attached hereto) in an amount not to exceed $211,450 for re-roof and repair services and authorize the City Manager to execute the agreement subject to City Attorney approval as to form. Alternatively, the City Council may also reject the bid. FISCAL IMPACT: There will be no fiscal impact to the FY2022-23 Adopted Budget General Fund since the work will be fully covered by using American Rescue Plan Act (ARPA) funds.
ATTACHMENTS:
• Bell Roof Co. Contract & Exhibit (2022) (DOCX)
• Bell Roof Co. Proposal (PDF)
• Bid for Civic Center Reroof (DOCX)
APPROVALS:
Luis Gardea Completed 07/01/2022 9:02 AM
Finance Completed 07/05/2022 11:51 AM
City Attorney Completed 07/06/2022 7:49 AM
City Manager Completed 07/06/2022 8:27 AM
City Council Pending 07/12/2022 6:00 PM
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01247.0026/740766.1
PUBLIC WORKS AGREEMENT
By and Between
CITY OF GRAND TERRACE
and
BELL ROOF COMPANY, INC.
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01247.0026/740766.1
AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF GRAND TERRACE AND
BELL ROOF COMPANY, INC.
This AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF GRAND TERRACE AND BELL ROOF COMPANY, INC. (herein “Agreement”) is made and entered into this 15 day of July, 2022 by and between the City of GRAND TERRACE, a California
municipal corporation (“City”) and BELL ROOF COMPANY, INC., 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
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materials will be both of good quality as well as fit for the purpose intended. For purposes of this 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 Contract Documents.
The Scope of Work shall include the “General Provisions” and “Special Provisions” contained in as provided in this Agreement, 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
accurate payroll records and verify such records in writing under penalty of perjury, as specified
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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 with any subcontractor for work under this Agreement. Contractor shall take all actions necessary
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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
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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.
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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 ten percent (10%) 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
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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 Eleven Thousand Four Hundred Fifty dollars
($211,450.00) (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,
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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.
Upon completion of the work under this Agreement to the satisfaction of the City,
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.
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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
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) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
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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:
Warren Scott Lyon CEO/President
(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.
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4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner,
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.
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(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
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.
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(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
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.
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(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 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’
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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 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.
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5.5 Bonds
Concurrently with execution of this Agreement, Contractor shall deliver to the City
all of the following bonds if the Contract Sum should exceed $25,000:
(a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.
(b) A payment bond, securing the payment of all persons furnishing
labor and/or materials in connection with the work under this Agreement, in an amount not less
than 100% of the total compensation for this Agreement, as stated in Section 2.1.
(c) All bonds shall be on the applicable forms provided in Exhibit “A-2” and Exhibit “A-3” attached hereto and made part hereof. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and
remain in force during the entire term of the Agreement until released pursuant to Section 5.7 hereof.
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. If the City determines that the work 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 bonds may be changed accordingly upon receipt of written notice from the City’s Risk Manager.
5.7 Release of Securities.
City shall release the performance bond and payment bond 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 contemplated by this Agreement has been accepted by the City; 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 payment
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bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise 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
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documents without specific written authorization by the Contractor will be at the City’s sole risk 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
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appropriate court in such county, and Contractor covenants and agrees to submit to the personal 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.
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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
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 Five Hundred Dollars ($500) 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
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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 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.
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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
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.
8.1 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.
8.2 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.
8.3 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.
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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 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.
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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 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]
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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 _____________________________________ Konrad Bolowich, City Manager
ATTEST:
_____________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP _____________________________________
Adrian R. Guerra, City Attorney CONTRACTOR:
BELL ROOF COMPANY, INC. By: ___________________________________
Name: Title: By: ___________________________________
Name: Title: Address: 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.
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01247.0026/740766.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2022 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.
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01247.0026/740766.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2022 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.
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01247.0026/740766.1 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 Exhibit A-1, including, but not limited to, the “General Provisions” and “Special Provisions”.
II. Brief description of the work to be performed under this Agreement is as follows (“Project”):
A. RE-ROOF AND REPAIR SERVICES BID NO. 22-03
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 on a weekly basis and pursuant to the construction timeline. Contractor shall also deliver status reports as may be required by the City from time to time.
IV. All work is subject to inspection, approval, 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. If applicable, Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
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01247.0026/740766.1
EXHIBIT “A-1”
I. Contractor shall re-roof the Grand Terrace Civic Center building located at 22795 Barton
Rd, Grand Terrace, CA 92313, which shall include, without limitation, roof repairs or
replacement as needed. The work under this Agreement shall include, without limitation,
the following:
A. Removal and disposal of existing tile roof;
B. Installation of 2 layers of #30 tar paper over the mopped underlayment.
C. Installation of all new roof metals and flashings, and install new Eagle Lite
Ponderosa Tile, color of City’s choice.
D. If Contractor determines that there is any lumber that needs to be replaced (e.g.,
due to being rotten), then Contractor shall immediately notify the City thereof.
Upon receipt of notice thereof, the City may issue a Change Order to carry out
such work pursuant to Section 1.10. Contractor shall not commence any such
lumber replacement without a Change Order being issued by City pursuant to
Section 1.10. Any replacement of such lumber shall be at the following rates:
Fascia-$18.00 per ft; Shiplap-$7.00 per ft; Plywood-$75.00 per 4 ft by 8 ft sheet;
Rafter tail/outlookers-$95.00 per ft
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01247.0026/740766.1
Exhibit A-2
PERFORMANCE BOND
We, Bell Roof Company, Inc., a California corporation, as Principal, and ____________, as
Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and
assigns, as set forth herein, to the City of Carson (“City”) for payment of the penal sum of Two Hundred Eleven Thousand Four Hundred Fifty Dollars ($211,450). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said
agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand to and abide by, and well and truly keep and perform all of the covenants, conditions, and provisions in said agreement, and any alteration thereof made as therein provided, on Principal's part to be kept and performed at the time and in the manner therein specified, and shall indemnify and save harmless the City, City’s engineer, and their consultants, and each of their officials,
directors, officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement, Surety will promptly on demand
deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall exist, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement, and payment by Surety should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal
and Surety. Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and specifications, or any matters unknown to Surety which may affect Surety's risk shall in any wise affect its obligation on this
bond, and it does thereby waive notice thereof. Principal and Surety agree that if the City is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum.
C.10.a
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01247.0026/740766.1
Executed this day of _________, ____.
Seal of Corporation _____________
By:____________________________________ Authorized Representative of Principal
Title: _____________
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES) Any claims under this bond may be addressed to: (check one)
Surety's agent for service of process in California: ( ) _____________________ [name of surety company] _________________________ ____________________________________
Name Street Number _________________________ ____________________________________ Street Number City and State _________________________ ____________________________________ City and State Telephone Number
_________________________ Telephone Number By:____________________________________ Attorney in Fact or other Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
Furnish the name, address and phone number of the company agent as well as the surety company.
Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.
C.10.a
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01247.0026/740766.1
Exhibit A-3
PAYMENT BOND
We, Bell Roofing Company, Inc., a California corporation, as Principal, and ____________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (“City”) and those for whose benefit this bond insures in the sum of Two Hundred Eleven Thousand Four Hundred Fifty Dollars ($211,450).
City and Principal have entered into an agreement, or are about to enter into the agreement attached
hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that
document as executed by City and Principal. If Principal or any of Principal's contractors or
subcontractors, fails to pay any of the persons named in Section 9000 et seq. of the California Civil Code employed in the performance of the agreement for materials furnished or for labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the same in an amount not exceeding the sum specified above, and also shall pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall
be fixed by the court. Surety agrees that it shall pay the amounts due the persons above named and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement. If Surety fails to perform within the times specified in the agreement, Surety shall promptly on
demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement. Principal and Surety agree that any payment by Surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligation
herein and shall be deemed proper payment as between Principal and Surety. This bond shall insure to the benefit of any and all of the persons named in Section 9000 et seq. of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.
Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on this bond, and it does hereby waive notice thereof.
Principal and Surety agree that should City become a party to any action on this bond, that each will also pay City's reasonable attorneys' fees incurred therein in addition to the above sums.
C.10.a
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01247.0026/740766.1
Executed this _____________ day of ___________, ______.
Seal of Corporation ______________ By:______________________________ Authorized Representative of Principal
Title: __________ (ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one)
Surety's agent for service of process in California: ( ) ________________ [name of surety]
_________________________ _____________________________ Name Street Number _________________________ _____________________________ Street Number City and State
_________________________ _____________________________ City and State Telephone Number _________________________ Telephone Number
By:_____________________________ Attorney in Fact or other Representative (ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE) Furnish the name, address and phone number of the company agent as well as the surety company.
Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.
C.10.a
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01247.0026/740766.1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
C.10.a
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01247.0026/740766.1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work under this Agreement in an amount not to exceed the
Contract Sum as provided in Section 2.1. For Change Orders performed pursuant to Section I(D) of Exhibit A-1, the rates shall be as those provided in Exhibit C-1, provided that the City does not expressly or by implication agree that the actual amount of work will correspond with quantities given (if any) in Exhibit C-1, but reserves the right to increase
or decrease the amount of any class or portion as deemed necessary or advisable by
the City Engineer. Payment will be based upon the actual quantities installed or constructed, unless otherwise specified.
II. The City may withhold a retention of five percent (5%) from each payment as a contract retention to be paid to Contractor after City’s acceptance of the work under this Agreement pursuant to applicable law.
III. 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.
IV. The total compensation for the Services shall not exceed $211,450 as provided in Section
2.1 of this Agreement. Notwithstanding anything to the contrary in this Agreement, Contractor shall not be entitled to such compensation until the work under this Agreement has been inspected, approved, and accepted by the City.
C.10.a
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01247.0026/740766.1
EXHIBIT C-1 Lumber Replacement Rates
I. For all work performed pursuant to Section I(D) of Exhibit A-1, the following rates shall
be used:
A. Fascia-$18.00 per ft
B. Shiplap-$7.00 per ft
C. Plywood-$75.00 per 4 ft by 8 ft sheet
D. Rafter tail/outlookers-$95.00 per ft
C.10.a
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01247.0026/740766.1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely and in accordance with plans and specifications as provided in Exhibit A and Exhibit A-1 and such work shall be completed by September 1, 2022.
II. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
C.10.a
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CITY OF GRAND TERRACE
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
CONTRACT DOCUMENTS
SPECIFICATIONS AND STANDARD DRAWINGS
FOR RE-ROOF AND REPAIR SERVICES
May 2022
[Editor’s Note: Timeline Dates below are Subject to Change]
• Issuance of Bid by City Friday, May 20, 2022
• Deadline Questions/Clarification Requests Monday, June 14, 2022 (11:00 a.m.)
• Deadline for Submitting Complete Proposals Monday, June 14, 2022 (11:00 a.m.)
• Presentation to City Council for Final Approval Tuesday, July 12, 2022
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TABLE OF CONTENTS
SECTION PAGE NOTICE INVITING BIDS ........................................................................................................ A-1 INSTRUCTIONS TO BIDDERS .............................................................................................. B-1 PROPOSAL DOCUMENTS Proposal................................................................................................................... ..... C-1
Bidding Schedule .............................................................................................. ........... C-5 Addenda Acknowledgement.......................................................................................... C-7 Bidders Information ..................................................................................................... C-8
Designation of Subcontractors ..................................................................................... C-10 References .................................................................................................................. C-11 Non-Collusion Affidavit ................................................................................................ C-12
Form of Bid Bond........................................................................................................... C-13 CONTRACT AGREEMENT Contract Agreement................................................................................................... ... D-1 Faithful Performance Bond.......................................................................................... .. D-9 Labor And Material Bond.............................................................................................. . D-11 Worker's Compensation Insurance Certificate............................................................. . D-14 SPECIAL PROVISIONS
SIGNALS, LIGHTING, & ELECTRICAL SYSTEMS…………………………………… .. SP-5 SOLAR POWERED FLASHING BEACON SYSTEM SPECIFICATIONS……………. SP-8
EXHIBIT A
SCOPE OF WORK
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A-1
NOTICE INVITING BIDS (RE-ROOF AND REPAIR SERVICES)
NOTICE IS HEREBY GIVEN that the City Clerk, on behalf of and as authorized by the City Council of the City of Grand Terrace (hereinafter referred to as the "City"), will receive sealed bids at 22795 Barton Road Grand Terrace, California, 92313 in care of the City Clerk, until 11:00 a.m. on Tuesday, June 14, 2022 for re-roof and repair services within the City of Grand Terrace designated as:
RE-ROOF AND REPAIR SERVICES BID NO. 22-03 At the time designated for receiving sealed bids on said Project, the bids will be publicly opened, examined and read aloud.
All bids must be in writing, must be sealed in an opaque envelope, and addressed to the City, c/o City Clerk, and delivered or mailed to the City at 22795 Barton Road Grand Terrace, California 92313 in care of the City Clerk. The envelope shall be plainly marked in the upper left-hand corner as follows:
ATTENTION: CITY OF GRAND TERRACE c/o CITY CLERK (BIDDER'S NAME AND ADDRESS) BID FOR: FACILITY MAINTENANCE SERVICES
Contractor must have __C-39__ License Any bid received after the hour stated above for any reason whatsoever, will not be considered for any purpose but will be returned, unopened, to the bidder.
This project involves re-roof and any necessary repair services at the City of Grand
Terrace Civic Center. The work shall be done under the supervision of the Director of Public Works / City Engineer and no work or portion of the work shall be paid for until it is approved for
payment by the Director of Public Works / City Engineer, but this shall not prevent
approval of and payment for completed portions of the work as it progresses, payment acceptance of these portions or of the completed project. Each bidder must submit a proposal to the City, c/o City Clerk, on standard forms
provided in the bid package. Said proposal is to be accompanied by a cash deposit, a
certified or cashier’s check, or a bid bond, made payable to the City, in an amount not less than 10 percent of the total bid submitted. Said cash deposit or check shall be forfeited or said bond shall become payable in the event the bidder depositing the same does not within ten (10) calendar days after written notice execute the Contract. The
successful bidder will be required to furnish with the Contract a Faithful Performance
Bond in the amount of 100 percent of the Contract price, and a Payment Bond in the
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A-2
amount of 100 percent of the Contract price. The successful bidder will also be required to furnish certificates of insurance evidencing that all insurance coverage as required by the Specification has been so secured.
The Contractor may, at Contractor’s sole cost and expense, substitute securities equivalent to any monies withheld by the City to insure performance under the Contract. Such securities shall be deposited with the City, or a state federally chartered bank as escrow agent, who shall pay such monies to the Contractor upon satisfactory
completion of the Contract. Such securities, if deposited by the Contractor, will be
valued by the City, whose decision on valuation of the securities shall be final. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any accrued interest thereon. Securities eligible for investment shall include those listed in Government Code Section 16430 and
Government Code Section 4590. No such substitution shall be accepted until the
escrow agreement, letter of credit, form of security and any other document related to said substitution is reviewed and found acceptable by the City’s attorney. The City reserves the right to waive any informalities or irregularities or to reject any or all bids, or any portions of any bid, or to reject and then negotiate the amount and/or terms of any
bid with any bidder, and to be the sole judge of the merits of the respective bids
received. The award of Contract, if made, will be on the basis of the lowest cost to the City to a responsible bidder whose proposal complies with all the prescribed requirements.
No bidder may withdraw his bid for a period of thirty (30) days after the bid opening.
Contract Documents, including the Plans and Specifications, may be examined at the City of Grand Terrace Public Works Department located at 22795 Barton Road, Grand Terrace, CA 92313 or may be obtained by email request to Luis Gardea, Building
Official, at LGardea@grandterrace-ca.gov.
Any questions regarding the bid documents should be directed via e-mail to the Building Official, Luis Gardea, LGardea@grandterrace-ca.gov.
The successful bidder will be required to pay not less than the prevailing wage scale,
determined by the Director of the California Department of Industrial Relations, copies of which scale are on file in the office of the City Clerk and the office of the Director of Public Works / City Engineer, and which shall be made available to any interested party upon request.
Effective January 1, 2015, in order to be awarded and to perform work on public works projects, prime contractors and subcontractors must possess and maintain registration with the Department of Industrial Relations (DIR) at https://efiling.dir.ca.gov/PWCR. This is a separate requirement from the
Contractors State License Board (CSLB) licensing requirement. See the Special Provisions for additional details.
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The Contractor shall execute the Contract and shall secure all insurance and bonds required within ten (10) calendar days after the Contractor has been notified in writing of the award of the Contract.
Payments will be made in cash to the Contractor in accordance with the provisions of the Specifications and on itemized estimates duly certified and approved by the Director of Public Works / City Engineer submitted in accordance therewith, based on labor and materials incorporated into said work during the preceding month by the Contractor.
City of Grand Terrace
BY:
(Date) Debra Thomas, City Clerk
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D-1
INSTRUCTIONS TO BIDDERS CITY OF GRAND TERRACE BID NO: 22-03 CITY CLERK'S OFFICE DUE: June 14, 2022
22795 BARTON ROAD at 11:00 A.M.
GRAND TERRACE, CA 92313 Submit bid in sealed envelope as indicated on the cover sheet
BIDS NOT DELIVERED PRIOR TO THE HOUR INDICATED WILL BE REJECTED WE ARE PLEASED TO ISSUE THE ENCLOSED SPECIFICATIONS FOR YOUR
CONSIDERATION
FORM OF PROPOSAL: The bidder shall submit a complete proposal which will include this
set of Specifications and any other documents required by these Specifications. The complete proposal shall be enclosed in a sealed envelope bearing the name of the bidder and of the project. In the event there is more than one bidding schedule, the bidder may bid on any individual schedule or on any combination of schedules. All quotations must be
signed with the firm's name and by a responsible officer or employee. Obligations assumed by such signature must be fulfilled. Prices quoted by the bidder shall be exclusive of Federal Excise Taxes pursuant to exemption of political subdivision of a State by Federal Law. Prices quoted by the bidder
shall mean total cost to the City, Freight on Board, delivered to the City of Grand Terrace. ADDENDA: Any addenda issued during the time of bidding forming a part of the documents shall be acknowledged on the next page of the Bidding Schedule Section C and will be
made a part of the Contract. DELIVERY OF PROPOSAL: The proposal shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the bidder's sole responsibility to see that his
proposal is received in proper time. Any proposal received after the scheduled closing time for receipt of proposal will be returned to the bidder unopened. WITHDRAWAL OF PROPOSAL: If for any reason you do not wish to bid on the project, mark NO BID and state your reasons for not bidding at this time. This withdrawal request
must be signed by the bidder or his authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of proposals. By following the necessary withdrawal procedures, you will enhance our efforts to keep our bidders list current. The withdrawal of a proposal shall not prejudice the right of a bidder to file a new proposal.
OPENING OF PROPOSALS: The proposals will be publicly opened and read at the time and place stipulated in the Notice Inviting Bids. The City Council of the City of Grand Terrace reserves the right to reject any and all proposals and/or waive any informalities
thereon.
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We hope you will attend our formal bid opening and obtain the results as we are unable to
complete our evaluation and furnish this information by phone until noon the following day. The complete proposal including proposal guaranty shall be enclosed in sealed envelope, endorsed with the bidder's company name and address on the upper left corner, the bid
number, name of project, hour and date of bid opening as shown in Notice Inviting Bids and the words "Sealed Bid". Sealed bids shall be addressed to the City of Grand Terrace c/o City Clerk, 22795 Barton
Road, Grand Terrace, California 92313. MODIFICATIONS AND ALTERNATIVE PROPOSAL: Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures.
Alternative proposals will not be considered unless specified. Oral, telegraphic, or telephonic proposals or modifications will not be considered. The City of Grand Terrace cannot honor any explanation or changes in the bid documents unless written addendum has been issued.
DISCREPANCIES IN PROPOSALS: In the event there is more than one bid item in a bidding schedule, the bidder shall furnish a price for all bid items in the schedule, and failure to do so will render the proposal informal and may cause its rejection. In the event there
are unit price bid items in a bidding schedule and the "amount" indicated for a unit price bid item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected. PROPOSAL GUARANTEE: Each proposal shall be accompanied by a certified or cashier's
check or bid bond in the amount of not less than 10 percent of the total amount named in the proposal. Said check or bond shall be made payable to the City and shall be given as a guarantee that the bidder, if awarded the work, will enter into a Contract within 15 calendar days after receipt of the Contract from the City, and will furnish the necessary insurance
certificates, faithful performance bond, and labor and material bond; each of said bonds to
be in the amount stated in the Notice Inviting Bids. In case of refusal or failure to enter into said Contract, the check or bid bond, as the case may be, shall be forfeited to the City. If the bidder elects to furnish a bid bond as his proposal guarantee, he shall use the bid bond form bound herein, or one conforming substantially to it in form.
BIDDER'S EXAMINATION OF SITE: Before submitting a proposal, bidder shall carefully examine the drawings, specifications, and other Contract Documents, and shall visit the site of the work. It will be assumed that the bidder is familiar with existing site conditions and
has a clear understanding of the requirements of the Contract regarding the furnishing of materials and performance of work. The submission of a proposal shall be considered conclusive evidence that the bidder has investigated and is satisfied with the character, quality, quantities of work to be performed and materials to be furnished.
COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. To this end, each proposal shall be supported by a statement of the bidder's experience as of recent date on the form
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entitled "INFORMATION REQUIRED OF BIDDER", bound herein. The bidder shall have
recently completed not less than 3 projects of similar type and complexity. No proposal for
the work will be accepted from a Contractor who is not licensed in accordance with applicable state law. CONTRACTOR'S LICENSING LAWS: In all State projects where Federal funds are
involved, no bid submitted shall be invalidated by the laws of this State. However, at the time the Contract is awarded, the Contractor shall be properly licensed in accordance with the laws of this State. The first payment for work or material under any contract shall not be made by the Controller unless and until the Registrar of Contractors certifies to the
Controller that the records of the Contractors State License Board indicate that the Contractor was properly licensed at the time the Contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors State License Board. The department shall include a statement to that effect in the standard form of
prequalification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a Contract shall constitute a failure to execute the Contract as provided in Section 10181 and shall result in the forfeiture of the security of the bidder.
DIR REQUIREMENTS: In order to be awarded and to perform work on public works projects, prime contractors and subcontractors must possess and maintain registration with the Department of Industrial Relations (DIR) at https://efiling.dir.ca.gov/PWCR. This is a separate requirement from the Contractors State License Board (CSLB) licensing requirement. Contractors and subcontractors are to 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.
DISQUALIFICATION OF BIDDERS: More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than
one proposal for the work contemplated will cause the rejection of all proposals in which
such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. No proposal will be accepted from a Contractor who is not licensed in accordance with the provision of Chapter 9 of Division III of the Business and
Profession Code. RETURN OF PROPOSAL GUARANTY: The City will return the proposal guarantees accompanying each of the proposals which are not used in making the award once the
Contract has been finally executed. AWARD OF CONTRACT: Award of a Contract, if it is awarded, will be based primarily on the lowest overall cost (total project with additive bids) to the City, and will be made to a responsible bidder whose proposal complies with all the requirements prescribed.
Preference will be given by the City of Grand Terrace to the lowest responsible bidder furnishing products made in the continental United States. Where the price of an acceptable American made product is within 5% of a non-American made product, award will be made to the domestic manufacturer.
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Evaluation of the bidder's experience and additional information requested on the form
"INFORMATION REQUIRED OF BIDDERS", bound herein, also will be a determining factor in arriving at an award. Any such award will be made within 60 calendar days after opening of the proposals. Unless otherwise indicated, a single award will not be made for less than all the bid items in an individual bidding schedule. In the event there is more than one
bidding schedule, the City may award schedules individually or in combination. The City reserves the right to reject any or all bids, to waive any informality in a bid, and to make awards in the interests of the City.
BUY AMERICA REQUIREMENTS: Attention is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the regulations adopted pursuant thereto. In accordance with said law and regulations, all manufacturing processes for cement and steel materials furnished for incorporation into the work on this project shall occur in the United States.
The requirements imposed by said law and regulations do not prevent a minimal use of foreign cement or steel materials if the cost of such materials used does not exceed one-tenth of 1 percent (0.1%) of the total Contract cost or $2,500, whichever is greater. The
Contractor shall furnish the Engineer acceptable documentation of the quantity and value of any foreign cement or steel prior to incorporating such materials into the work. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written
Contract with the City on the form of agreement provided, shall secure all insurance and shall furnish all certificates and bonds required by the Specifications within 10 calendar days after receipt of the Contract from the City. No Contract shall be binding upon the City until the City Attorney has approved the Contract execution between the City and Contractor. Failure or refusal to enter into a Contract as herein provided or to conform to
any of the stipulated requirements in connection therewith shall be just cause for annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder refuses or fails to execute the Contract, the City may award the Contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the
Contract, the City may award the Contract to the third lowest bidder to execute the Contract;
such bidder's guarantees shall be likewise forfeited to the City. TIME OF COMPLETION: The Contractor shall be allotted the number of working days as specified in the Agreement to complete the work to the satisfaction of the City.
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D-1
PROPOSAL
FOR
FACILITY MAINTENANCE SERVICES Bids due no later than 11:00 AM on Monday, June 14, 2022, at the office of the City
Clerk.
TO: CITY OF GRAND TERRACE, acting by and through its Governing Body, herein called the "CITY".
Pursuant to and in compliance with your Notice to Contractors calling for Bids and other
documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract, and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Contract Documents, hereby proposed and
agrees to perform within the time stipulated, the Contract, including all of its component
parts, and everything required to be performed, and to provide and furnish any and all applicable taxes, utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the project known as: “FACILITY MAINTENANCE SERVICES”.
All in strict conformity with the specifications and other Contract Documents, including Addenda No. , and , on file at the OFFICE OF THE CITY CLERK, 22795 BARTON ROAD, GRAND TERRACE, CALIFORNIA, 92313, for the sum of:
(SEE BID SCHEDULE FOR COST BREAKDOWN OF ITEMS)
COMPANY NAME
_________________________________________________________________ TITLE
CITY ZIP CODE
TELEPHONE ( ______ ) _____________ ____________________ CONTRACTOR’S LICENSE NO.
DIR REGISTRATION NO.
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DATE BIDDER’S NAME, ADDRESS & PHONE
CONTRACTOR’S LICENSE NO. CITY BUSINESS LICENSE NO. (if available) __________________________________ CORPORATE SEAL
Corporation incorporated under the State of TELEPHONE: ____________________
(Area Code) BY: Signature Print or type name TITLE:
Names and addresses of all members of co-partnership or names and titles of all officers of the corporation:
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D-5
BID SCHEDULE
FOR
FACILITY MAINTENANCE SERVICES
BIDDER:_____________________________________________ (Company Name)
BASE BID
ITEM NO. DESCRIPTION OF ITEMS ESTIMATED QUANTITY
UNIT UNIT PRICE IN WORDS UNIT PRICE Total Annual Cost
1
Re-roof of the Civic Center building including roof repairs
or replacement as needed.
1
One Time
TOTAL BASE BID:
(WORDS) $
(FIGURE) BASIS OF AWARD: THE CITY WILL MAKE AN AWARD TO THE LOWEST, RESPONSIVE/RESPONSIBLE BIDDER. THE LOWEST, RESPONSIVE BIDDER WILL BE DETERMINED BY THE TOTAL BASE BID.
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D-7
ADDENDA ACKNOWLEDGMENT
The undersigned acknowledges receipt of the following ADDENDA and the cost if any,
or such revisions have been included in the TOTAL BID of the Bidding Schedule (s). ADDENDUM NO. _________________________________, DATED ______________
ADDENDUM NO. _________________________________, DATED ______________
ADDENDUM NO. _________________________________, DATED ______________
ADDENDUM NO. _________________________________, DATED ______________
Name of Bidder_________________________________________________________ Address ______________________________________________________________
State License No. _______________________ Telephone No. ___________________
By: _______________________________ Signature _______________________________
Title Date the ______ day of _________________, _______
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BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct: Bidder's Name
Business Address
Telephone
State Contractor's License No. Original Date Issued Expiration Date
DIR Registration No. The following are the names, titles, addresses, and telephone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:
The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal, or any firm, corporation, partnership or joint venture
of which any principal having an interest in this proposal was an owner, corporate officer, partner, or joint venture are as follows:
All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
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IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names,
title, hands, and seals of all aforenamed principals this day of , 20 . BIDDER
Subscribed and sworn to this day of , 20 . NOTARY PUBLIC
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D-10
DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work, and to procure materials
and equipment from suppliers and vendors as follows: NAME, ADDRESS, TELEPHONE NUMBER, LICENSE NO., AND DIR REG NO. OF SUBCONTRACTORS ITEMS OF WORK
Prior to award of contract, Contractor shall submit a list of suppliers and vendors in writing to the City Engineer.
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D-11
REFERENCES
The Contractor shall list in the spaces provided below, not less than three comparable contracts which have been completed within the past two years.
Contract Year(s) Type of Work Performed Annual Contract Amount Client/Agency Name Contact Name/Title Phone Number
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D-12
NON-COLLUSION AFFIDAVIT
STATE OF CALIFORNIA ) ) SS COUNTY OF )
(NAME), affiant being first duly sworn, deposes and says:
that he or she is the of (sole owner, partner, other proper title)
, the party making the foregoing bid and (Contracting Firm Name) that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. (Public Contract Code Section 7106)
Bidder's Name:
Bidder's Address:
Telephone No.: (Signature of Bidder) (Title)
All signatures must be notarized and securely attached to this form.
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D-13
FORM OF BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
, as Principal, and
as Surety, are hereby and firmly bound unto as
Owner in the penal sum of for the payment of
which, will and truly to be made, we hereby jointly and severally bind ourselves, our
heirs, executors, administrator, successors and assigns.
Signed this day of
,2017. The condition of the above obligation is such that whereas the Principal has
submitted to certain Bid, attached hereto and hereby
made a part hereof to enter into a Contract in writing for the RE-ROOF AND REPAIR
SERVICES.
NOW, THEREFORE,
a. If said Bid shall be rejected, or in the alternate,
b. If said Bid shall be accepted and the Principal shall execute and deliver a
Contract in the Form of Contract attached hereto (properly completed in
accordance with said Bid) and shall furnish a bond for his faithful performance
of said Contract, and shall in all other respects perform the agreement
created by said Bid, then this obligation shall be void, otherwise, the same
shall remain in force and effect; it is expressly understood and agreed that the
liability of the Surety for any and all claims hereunder shall, in no event,
exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligation of said
Surety and its bond shall be in no way impaired or affected by any extension of the time
within which the Owner may accept such Bid; and said Surety does hereby waive notice
of any such extension.
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IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands
and seals, and such of them as are corporations have caused their corporate seals to
be hereto affixed and these presents to be signed by their proper officers, the day and
year first mentioned.
PRINCIPAL:
BY:
SEAL
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D-1
PUBLIC WORKS AGREEMENT
By and Between
CITY OF GRAND TERRACE
and
______________________________
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D-1
AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF GRAND TERRACE AND
_____________________________________
This AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF GRAND TERRACE AND _______________ (herein “Agreement”) is made and entered into this ____ day of _______, 2022 by and between the City of GRAND TERRACE, a California
municipal corporation (“City”) and _______________ 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
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purposes of this 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 Contract Documents.
The Scope of Work shall include the “General Provisions” and “Special Provisions” contained in as provided in this Agreement, 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 accurate payroll records and verify such records in writing under penalty of perjury, as
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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 with any subcontractor for work under this Agreement. Contractor shall take all actions
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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
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provided 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
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defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. 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 ten percent (10%) 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
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names of workers, classifications, and hours worked; description and list of quantities of materials used; type of 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 ______________ ($________) (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
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in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, 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.
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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 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
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exceeding one (1) years 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:
CEO, President, Vice President,
Secretary, Treasurer
(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.
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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, 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.
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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 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
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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 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
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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 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
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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 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
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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.
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
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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 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.
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(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 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
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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
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.
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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 Five Hundred Dollars ($500) 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 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.
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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 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.
8.1 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
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and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.2 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.
8.3 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 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.
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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 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 _______
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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]
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D-25
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
_____________________________________
Konrad Bolowich, City Manager
ATTEST:
_____________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_____________________________________
Adrian R. Guerra, City Attorney
CONTRACTOR:
__________________________________
By:
___________________________________
Name:
Title:
By:
___________________________________
Name:
Title:
Address:
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
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D-1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2022 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.
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_____________________________________________
_____________________________________________
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D-3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2022 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.
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_____________________________________________
_____________________________________________
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D-1
EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and
requirements in Exhibit A-1, including, but not limited to, the “General Provisions” and “Special Provisions”.
II. Brief description of the work to be performed under this Agreement is as follows (“Project”):
A. Re-roof and repair services for Civic Center building
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 on a weekly basis and pursuant to the construction timeline. Contractor shall also deliver 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.
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EXHIBIT “A-1”
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates submitted as part of Contractor’s Proposal as provided in Exhibit C-1, provided that the City does not expressly or by implication agree that the actual amount of work will correspond with quantities given in Exhibit C-
1 but reserves the right to increase or decrease the amount of any class or portion as
deemed necessary or advisable by the City Engineer. Payment will be based upon the actual quantities installed or constructed, unless otherwise specified.
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 above, 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 $4_______ as provided in Section 2.1 of this Agreement.
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EXHIBIT C-1
BID SCHEDULE FOR ______
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely and in accordance with plans and specifications as provided in Exhibit A and such work shall be completed by July
1, 2022.
II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
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AGENDA REPORT
MEETING DATE: July 12, 2022 Council Item
TITLE: Authorize Purchase Order for Procurement of Three Ford Service Trucks
PRESENTED BY: Shanita Tillman, Management Analyst
RECOMMENDATION: 1. Authorize the expenditure of $159,981.46 from ARPA Fund (Fund 94) for the purchase of two Ford F150 and one F250 service truck
2. Authorize City Manager to execute a purchase order and
all necessary sales documentation to procure Ford Trucks from Sunrise Ford Motor Dealer
2030 VISION STATEMENT: This staff report supports Goal #1 "Ensure Our Fiscal Viability" by identifying additional revenue sources.
BACKGROUND:
On March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law by President Biden. Section 9901 of the ARPA amended Title VI of the Social Security Act to add Section 603. This established the Coronavirus State & Local Fiscal Recovery
Fund (SLFRP) for local governments (cities and towns) across the U.S. to receive a
funding allocation. DISCUSSION:
On November 9, 2021, and April 26, 2022, City Council approved Staff’s
recommendation for the use of American Rescue Plan Act funding for three Public Works trucks in the amount of $160,000. On Friday, June 10, 2022, the Management Analyst issued a Notice Inviting Informal Bids for a 2022/2023 Ford F-250 and two 2022/2023 Ford F-150 service trucks. The notice was posted to the City website, published by the newspaper, and sent directly to local Ford dealerships.
By the time of the bid opening on June 20, 2022, no bids were received. The primary issue is limited inventory and at this time dealers are in between car seasons and are phasing out 2022 models but have not received 2023 models.
Three days after the bid opening, the City received an invoice for three trucks with
added features such as: rearview camera, spray in bedliner, back rack, center beacon, directional bar, four corner strobes, and cross tool bar. Though delayed, Sunrise Ford
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Dealership of Ontario, CA was the only responsive bidder.
Bid 1 Sunrise Ford of Fontana, CA $159,981.46
Therefore, staff is recommending that Council authorize the expenditure of $159,981.46 from the American Rescue Plan Act Fund and authorize the City Manager to execute a purchase order and all necessary documentation for the purchase of a 2022 Ford F-250 and two Ford F-150s from Sunrise Ford Dealership.
FISCAL IMPACT:
This purchase will not have an impact on the General Fund. The expenditure of $159,981.46 will come from the American Rescue Plan Act Fund, account 94-175-705-000 (vehicles).
ATTACHMENTS:
• Sunrise Ford Invoices (PDF)
• Notice of Inviting Informal Bids (PDF)
APPROVALS:
Shanita Tillman Completed 06/28/2022 3:34 PM
Finance Completed 06/28/2022 3:36 PM
City Manager Completed 06/28/2022 5:08 PM
City Council Pending 07/12/2022 6:00 PM
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A-1
NOTICE INVITING INFORMAL BIDS
FURNISH AND DELIVER THREE (3) FORD PICKUP TRUCKS TO THE CITY OF GRAND TERRACE
BID NO. 22-04
Bids must be received prior to 5:00pm on Monday, June 20, 2022, by the City Clerk’s Office or Public Works Department of the City of Grand Terrace in accordance with Plans and Specifications. Bids will not be publicly opened, and a bid summary will be mailed/emailed to all bidders.
Bids may be received via email, but bids submitted in writing, must be sealed in an opaque envelope, and addressed to the City, c/o City Clerk, and delivered or mailed to the City at 22795 Barton Road Grand Terrace, California 92313 in care of the City Clerk. The envelope shall be plainly marked in the upper left-hand corner as follows:
ATTENTION: CITY OF GRAND TERRACE c/o CITY CLERK (BIDDER'S NAME AND ADDRESS) BID FOR: FURNISH AND DELIVER THREE (3) FORD PICKUP TRUCKS
Each bidder must submit the following documents with its bid: 1.Proposal Bid Sheet2.Subcontractors List3.Non-Collusion Affidavit4.Insurance Forms
Any bid received after the hour stated above for any reason whatsoever, will not be considered for any purpose but will be returned, unopened, to the bidder.
*REVISED* This project involves the acquisition of the following:
1.2022/23 Ford F-150 SuperCrew Cab 4x2, Pickup2.2022/23 Ford F-250 Crew Cab 4x4, Pickup3.2022/23 Ford F-150 4X2, Pickup
Contractor must be a licensed dealer Engineer’s Estimate: $125,000
The work shall be completed under the supervision of the Director of Public Works/ Management Analyst and no work or portion of the work shall be paid for until it is approved for payment by the Director of Public Works/Management Analyst, but this
shall not prevent approval of and payment for completed portions of the work as it
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A-2
progresses, payment acceptance of these portions or of the completed project.
The City reserves the right to waive any informalities or irregularities or to reject any or all
bids, or any portions of any bid, or to reject and then negotiate the amount and/or terms of any bid with any bidder, and to be the sole judge of the merits of the respective bids received. The award of Contract, if made, will be on the basis of the lowest cost to the City to a responsible bidder whose proposal complies with all the prescribed
requirements.
No bidder may withdraw his bid for a period of thirty (30) days after the bid opening. Contract Documents, including Specifications may be obtained by email request to
Shanita Tillman, Management Analyst, at stillman@grandterrace-ca.gov. Any questions regarding the bid documents should be directed via e-mail to Shanita Tillman. The successful bidder will be required to pay not less than the prevailing wage scale,
determined by the Director of the California Department of Industrial Relations, copies of
which scale are on file in the office of the City Clerk and the office of the Director of Public Works/Management Analyst, and which shall be made available to any interested party upon request.
Effective January 1, 2015, in order to be awarded and to perform work on public works projects, prime contractors and subcontractors must possess and maintain registration with the Department of Industrial Relations (DIR) at https://efiling.dir.ca.gov/PWCR. This is a separate requirement from the Contractors State License Board (CSLB) licensing requirement. See the Special
Provisions for additional details. The Contractor shall execute the Contract and shall secure all insurance required within ten (10) calendar days after the Contractor has been notified in writing of the award of the Contract.
Payments will be made to the Contractor in accordance with the provisions of the Specifications and on itemized estimates duly certified and approved by the Director of Public Works/City Engineer submitted in accordance therewith, based on labor and materials incorporated into said work during the preceding month by the Contractor.
City of Grand Terrace
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DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work, and to procure materials
and equipment from suppliers and vendors as follows:
NAME, ADDRESS, TELEPHONE NUMBER, LICENSE NO.,
AND DIR REG NO. OF SUBCONTRACTORS ITEMS OF WORK
Prior to award of contract, Contractor shall submit a list of suppliers and vendors in writing to the City Engineer.
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NON-COLLUSION AFFIDAVIT
STATE OF CALIFORNIA ) ) SS COUNTY OF )
(NAME), affiant being first duly sworn, deposes and says: that he or she is the of (sole owner, partner, other proper title) , the party making the foregoing bid and
(Contracting Firm Name)
that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in
a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly sought by agreement, communication, or
conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. (Public Contract Code Section 7106)
Bidder's Name:
Bidder's Address:
Telephone No.:
(Signature of Bidder) (Title) All signatures must be notarized and securely attached to this form.
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AGENDA REPORT
MEETING DATE: July 12, 2022 Council Item
TITLE: Approval of a Contractor Agreement Between The City of Grand Terrace and West Coast Arborist for Citywide Tree
Inventory and Arborist Services
PRESENTED BY: Shanita Tillman, Management Analyst
RECOMMENDATION: 1. Approve a Contractor Agreement Between the City of Grand Terrace and West Coast Arborist, Inc. for Citywide Tree Inventory and Arborist Services;
2. Appropriate $289,734 from Measure I Fund 20; and 3. Authorize the City Manager to Execute the Agreement.
2030 VISION STATEMENT: This staff report supports Goal #2 "Maintain Public Safety" by investing in critical improvements to infrastructure. BACKGROUND:
On October 26, 2015, the City went to bid for citywide on-call tree trimming services and West Coast Arborist was awarded the contract. WCA has retained that agreement for five years. The agreement was set to expire in October 2021 but in September 2021 Council approved the amendment to extend the agreement until June 30, 2022. DISCUSSION:
A Notice Inviting Bids was issued June 3, 2022, the services requested were to provide a tree inventory, citywide tree pruning, removal, and minimal tree planting services within the City right-of-way and on City property. On June 23, 2022, the City Clerk conducted the bid opening witnessed by the Management Analyst. Two arborist submitted bids and the bid schedules from the two
arborists were analyzed and the lowest, responsive bidder was West Coast Arborist. The contractor was able to provide the services requested at a vastly lower price of $289,734 over six years; the difference was over $530,000. The bids were as follows:
Tree Pros - Chino, CA $824,420
West Coast Arborist – Anaheim, CA $289,734
In an effort to stay consistent with grid pruning, staff is recommending the upcoming tree cycles years be based the zones listed in our street sweeping map; though some areas will need to be included as the current map does not include placement of the arterial streets. Once the tree inventory is complete, WCA will develop a plan and funds will be allocated based the zones with the most trees and needing the most
maintenance. Should WCA complete a zone and funding is still available the arborist may get a head start on the next zone. FISCAL IMPACT:
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Staff is requesting that the City Council appropriate $289,734.00 over the next six years from the Gas Tax and General Fund. The allocation of funds per year will be based on a plan developed by Contractor and City once tree inventory is complete.
Fund Account Account Title Proposed Appropriation
Measure I (20) 20-175-245-020 Tree Trimming Services $46,272
General Fund (10) 10-175-245-000 Maintenance of Citywide Trees $3,000
ATTACHMENTS:
• Contractor Agreement (PDF)
• Exhibit A- WCA Bid Schedule (PDF)
APPROVALS:
Shanita Tillman Completed 07/05/2022 8:18 AM
Finance Completed 07/05/2022 10:23 AM
City Manager Completed 07/05/2022 1:15 PM
City Council Pending 07/12/2022 6:00 PM
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01247.0026/740766.2
PUBLIC WORKS AGREEMENT
By and Between
CITY OF GRAND TERRACE
and
WEST COAST ARBORISTS, INC.
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AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF GRAND TERRACE AND
WEST COAST ARBORISTS, INC.
This AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF GRAND TERRACE AND WEST COAST ARBORISTS, INC. (herein “Agreement”) is made and entered into this day of , 2022 by and between the City of GRAND TERRACE, a
California municipal corporation (“City”) and WEST COAST ARBORISTS, INC., 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
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materials will be both of good quality as well as fit for the purpose intended. For purposes of this 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 Contract Documents.
The Scope of Work shall include the “General Provisions” and “Special Provisions” contained in as provided in this Agreement, 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
accurate payroll records and verify such records in writing under penalty of perjury, as specified
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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 Responsib ility 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 with any subcontractor for work under this Agreement. Contractor shall take all actions necessary
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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
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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.
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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 ten percent (10%) 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
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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 Exhibi t “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 Eighty Nine Thousand Seven Hundred and Thirty Four
Dollars ($289,734.00) (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,
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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
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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 six (6) years 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:
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Corey R. Kirschner CEO, President, Vice President, Secretary, Treasurer
(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,
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
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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 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.
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(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 ’ comp ensation ins urance. 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 enforcem ent . 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 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.
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(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
all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured
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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:
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(a) Contractor will defend any action or actions filed in connection with 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 Bonds
Concurrently with execution of this Agreement, Contractor shall deliver to the City all of the following bonds if the Contract Sum should exceed $25,000: (a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section
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2.1.
(b) A payment bond, securing the payment of all persons furnishing labor and/or
materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1. (c) All bonds shall be on the applicable forms provided in Exhibit “A-2” and
Exhibit “A-3” attached hereto and made part hereof. The bonds shall each contain the original
notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement until released pursuant to Section 5.7 hereof.
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. If the City determines that the work 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 bonds may be changed accordingly upon receipt of written notice from the City’s Risk Manager.
5.7 Release of Securities. City shall release the performance bond and payment bond 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 contemplated by this Agreement has been accepted by the City; 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 payment bond
until such claims have been resolved, Contractor has provided statutory bond, or otherwise 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
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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 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.
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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
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
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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 party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
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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 Five Hundred Dollars ($500) 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 termination, Contractor shall immediately cease all services hereunder except such as may be
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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
any successor in interest, in the event of any default or breach by the City or for any amount which
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may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.1 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.
8.2 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.
8.3 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 and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
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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 interested, or in violation of any State or municipal statute or regulation. The determination of
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“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]
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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
ATTEST: Konrad Bolowich, City Manager
Debra Thomas, City Clerk APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney CONTRACTOR:
WEST COAST ARBORISTS, INC.
By:
Name:
Title:
By:
Name: Title: Address:
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.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2022 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.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2022 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.
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EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and
requirements in Exhibit A-1, including, but not limited to, the “General Provisions” and “Special Provisions”.
II.Brief description of the work to be performed under this Agreement is as follows(“Project”):
III.In addition to the requirements of Section 6.2, during performance of the work, Contractorwill keep the City apprised of the status of performance by delivering status reports on a
weekly basis and pursuant to the construction timeline. Contractor shall also deliver 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 theContractor 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.
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TREE TRIMMING SERVICES
SCOPE OF SERVICES
The City of Grand Terrace is 3.1 square miles and the Consultant shall produce an inventory of all trees on City-owned and/or maintained parks, rights-of-way, and facilities.
The tree inventory and maintenance plan will map the next six years of maintenance and
planting for the City. This inventory should include a GIS-based mapping component to locate each tree in the inventory and report the tree species composition. The inventory shall identify which trees are at risk of failure, which trees are in good condition but need
maintenance such as thinning or pruning; and which are dead trees that are harmful or
harmless. The maintenance plan must determine the number of trees that need to be planted each year to replenish dead or dying trees. Attached, as Appendix A, is a list of locations to be included in the inventory.
The tree inventory shall include the following information:
•Status
•Street address location and GPS coordinates for location of each tree and emptyand/or potential tree planting sites
•Species name (genus/species and common names provided)
•Diameter at breast height in inches, location, and size of empty and/or potentialtree planting sites/stumps appropriate to current planting and removal patterns
•Overall health - Crown condition and/or percentage of crown dieback (excellent todead rating)
•Defects – Indicate the presence of structural defects and record the most
significant condition.
•Observations (including, but not limited to defects, site factors, memorial trees,etc.)
•Hardscape Damage
•Damage to curbs and cracking or lifting of sidewalk pavement one inch or more.
•Growing Space
•Clearance requirements: pruning necessary to meet clearance standards overstreets and sidewalk; branches interfering with the movement of vehicles orpedestrians or where they are obstructing signs, streets, or traffic lights (8 feetclearance above any sidewalk and 15 feet clearance above any street)
•Maintenance Comments
•Current Conflicts - Aboveground Utilities – Inventory will indicate the presence ofoverhead utilities at the tree site as well as current conflicts.
•Data collector information
•Risk Assessment and Rating
•Date Added
EXHIBIT “A-1”
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The services are as follows dependent on actual figures obtained in tree inventory survey:
•The City is divided into six (6) zones provided in Appendix A and the City isrequesting separate cost estimate based on each zone to give estimated annualcost.
•Removals
•Priority 1 Prune - Trees that require the removal of hazardous deadwood, hangers,or broken branches. These trees have broken or hanging limbs, hazardous
deadwood, and dead, dying or diseased limbs or leaders greater than four (4)inches in diameter.
•Priority 2 Prune - These trees have dead, diseased or weakened branchesbetween two (2) and four (4) inches in diameter and are potential safety hazards.
•Large Tree Routine Prune - These trees require routine horticultural pruning tocorrect structural problems or growth patterns, which would eventually obstructtraffic or interfere with utility wires or buildings. Trees in this category are largeenough to require bucket truck access or manual climbing.
•Small Tree Routine Prune - These trees require routine horticultural pruning tocorrect structural problems or growth patterns, which would eventually obstructtraffic or interfere with utility wires or buildings. These trees are small growing,mature trees that can be evaluated and pruned from the grown.
•Training Prune - Young, large-growing trees that are still small must be pruned tocorrect or eliminate weak, interfering, or objectionable branches in order tominimize future maintenance requirements. These trees, up to 20 feet in height,can be worked with a pole-pruner or by a person standing on the ground.
•Stump Grind/Removal - This category indicates a stump that should be stumpgrown below grade level and/or removed.
Said work could be done in as little as 2 years or as long as six years dependent on zone size and available budget each year.
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01247.0026/740766.2
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates submitted as part of Contractor’s Proposal as
provided in Exhibit C-1, provided that the City does not expressly or by implication agree that the actual amount of work will correspond with quantities given in Exhibit C- 1, but reserves the right to increase or decrease the amount of any class or portion as deemed necessary or advisable by the City Engineer. Payment will be based upon
the actual quantities installed or constructed, unless otherwise specified.
II.Within the budgeted amounts for each item above, and with the approval of the ContractOfficer, funds may be shifted from one item’s subbudget to another so long as the ContractSum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.
III.The City will compensate Contractor for the Services performed upon submission of avalid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hoursworked, 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.
IV.The total compensation for the Services shall not exceed $289,734 as provided in Section2.1 of this Agreement.
01247.0026/740766.2
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01247.0026/740766.2
EXHIBIT C-1
BID SCHEDULE FOR WEST COAST ARBORIST
______
I. The additional services listed below are optional, should the City request additional services the
the added cost will be at the City expense, but not to exceed the agreement amount of $289,734.00.
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely and in accordance with plans and specifications as provided in Exhibit A and such work shall be completed by June 30, 2028.
II.The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
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AGENDA REPORT
MEETING DATE: July 12, 2022 Council Item
TITLE: Public Hearing and Adoption of Resolution Relating to Rate Increases for Solid Waste, Recycling, Disposal Service &
Waste Collection) Rate Increase
PRESENTED BY: Shanita Tillman, Management Analyst
RECOMMENDATION: 1. Conduct a public hearing to consider adoption of rate increases for solid waste, recycling, disposal service & waste collection) rate increase
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA APPROVING AN INCREASE IN SOLID WASTE, RECYCLING, DISPOSAL SERVICE & WASTE COLLECTION) RATE
INCREASE
2030 VISION STATEMENT:
This staff report supports Goal #1 “Ensure Our Fiscal Viability” by ensuring appropriate cost recovery for services. BACKGROUND:
The solid waste franchise agreement was originally established between the City and USA Waste. In 2007, USA Waste, dba Waste Management of the Inland Empire, sold the Integrated Waste Management Agreement (Franchise Agreement) to Burrtec Waste Industries (Burrtec), and on June 12, 2007, the Council formally approved the transfer of the franchise agreement. Since then, Burrtec has held the franchise agreement and the
agreement renews every 10-years. Refuse rates typically have some level of adjustment due to Consumer Price Index increases, and/or cost related to services such as waste disposal and recyclables processing. Additionally, the State of California Department of Resources Recycling and
Recovery (CalRecycle) have several mandates about Commercial Recycling and Organics Recycling that are in effect. Enforcement of these mandates has increased for municipalities. The proposed rate adjustments reflect increased costs for residential, commercial, and multi-housing customers.
Proposition 218 requires that at a public hearing, the City Council must consider all protests against the proposed fee adjustments and if majority of residents provide written protests are received prior to the close of the public hearing, the City Council would not be able to impose the proposed rate adjustments. A written protest may be
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submitted by either the property owner or by a tenant directly liable for the fees. Only one written protest per affected property may be counted towards the majority protest.
DISCUSSION: Staff also worked alongside Burrtec to notify City residents of the proposed rate adjustments and the public hearing as necessary under Proposition 218. On May 24, 2022, the notice was issued to all Grand Terrace residents indicating that the proposed
effective date was July 1, 2022. Due to the necessary 45 days needed to advertise a
218 public hearing the date was pushed back. The new proposed date for the residential, commercial rate, and multi-housing increase is expected to take affect August 1, 2022, provided there is less than majority opposition. The various proposed increased rates are provided in Exhibits A of the Resolution.
Residential Refuse and Recycling Rate Adjustments Exhibit A shows that the proposed rate adjustment will result in the existing residential collection rates increasing from $30.62 per month for the 96-gallon cart service to $33.25 per month, and from $29.12 per month for the 64-gallon cart service to $31.64
per month.
Commercial and Multi-Family Housing Refuse and Recycling Rate Adjustments Exhibit A of the Resolution shows the proposed rate adjustments for commercial rates and multi-family housing rates.
The most common commercial service and multi-family housing service throughout the
City is a 3-yard bin which is being serviced between 1-3 times a week dependent on level of service requested. For example, with respect to the commercial front-load service, the proposed rate adjustment for a 3-yard bin being collected on a one day per week basis would remain
the same at $206.95.
In addition, Multi-Family Housing properties such as apartments will remain consistent at $209.03 for a 3-yard bin being collected on a one day per week basis. FISCAL IMPACT:
There is no fiscal impact to the City by the rate adjustment as it is expected the cost of
services will be offset by Burrtec customers.
ATTACHMENTS:
• Exhibit A Proposed Rates (PDF)
• Exhibit B - Prop 218 Notice (PDF)
• 2022-23 Refuse Rate Adjustment Resolution (DOCX)
APPROVALS:
Shanita Tillman Completed 06/16/2022 2:49 PM
City Manager Completed 06/17/2022 1:52 PM
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City Council Pending 07/12/2022 6:00 PM
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Current
1/1/22 Rate
Proposed
8/1/22 Rate
Current 1/1/22
Rate
Proposed
8/1/22 Rate
Residential Commercial Front Load Food Waste (Barrels & Bins)
Standard - 96 Gallon Trash Barrel 30.62$ 33.25$ Size Freq
64 Gallon Trash Barrel 29.12$ 31.64$ 35-Gallon 1 n/a 59.28$
Extra 96 Gallon Trash Barrel 13.26$ 14.15$ 35-Gallon 2 n/a 105.04$
Extra 64 Gallon Trash Barrel 10.77$ 11.50$ 35-Gallon 3 n/a 146.48$
Extra Recycling Barrel 2.49$ 2.66$ 35-Gallon 4 n/a 188.25$
Extra Green Waste Barrel 2.49$ 2.66$ 35-Gallon 5 n/a 238.43$
Backyard/Sideyard Service 15.35$ 16.38$ 35-Gallon 6 n/a 271.20$
Extra Pick-Up (service day)11.50$ 12.26$ 65-Gallon 1 82.82$ 84.69$
Extra Pick-Up (all other days)22.99$ 24.53$ 65-Gallon 2 152.57$ 155.60$
65-Gallon 3 218.11$ 222.13$
65-Gallon 4 284.02$ 289.03$
Multi-Family Front Load Refuse 65-Gallon 5 357.98$ 364.40$
Size Freq 65-Gallon 6 415.24$ 422.20$
2 1 150.88$ 150.88$
2 2 283.09$ 283.09$ 2 1 325.72$ 332.81$
2 3 433.97$ 433.97$ 2 2 601.94$ 613.53$
2 4 584.88$ 584.88$ 2 3 862.24$ 877.52$
2 5 735.01$ 735.01$ 2 4 1,123.94$ 1,142.98$
2 6 886.27$ 886.27$ 2 5 1,416.22$ 1,440.59$
Extra Pick-Up 2 yd On-Site 22.41$ 22.41$ 2 6 1,645.17$ 1,671.56$
Extra Pick-Up 2yd Unscheduled 42.44$ 42.44$
3 1 209.03$ 209.03$
3 2 399.94$ 399.94$ Commercial Front Load Compactor
3 3 609.11$ 609.11$ Size Freq
3 4 830.17$ 830.17$ 2 1 202.78$ 202.78$
3 5 1,027.33$ 1,027.33$ 2 2 386.56$ 386.56$
3 6 1,236.09$ 1,236.09$ 2 3 589.36$ 589.36$
Extra Pick-Up 3 yd On-Site 28.90$ 28.90$ 2 4 792.17$ 792.17$
Extra Pick-Up 3yd Unscheduled 48.95$ 48.95$ 2 5 994.25$ 994.25$
4 1 277.27$ 277.27$ 2 6 1,197.40$ 1,197.40$
4 2 536.15$ 536.15$ Extra Pick-Up 2 yd On-Site 34.12$ 34.12$
4 3 813.57$ 813.57$ Extra Pick-Up 2yd Unscheduled 54.16$ 54.16$
4 4 1,090.95$ 1,090.95$ 3 1 286.58$ 286.58$
4 5 1,370.88$ 1,370.88$ 3 2 554.55$ 554.55$
4 6 1,644.38$ 1,644.38$ 3 3 841.19$ 841.19$
Extra Pick-Up 4 yd On-Site 35.41$ 35.41$ 3 4 1,127.39$ 1,127.39$
Extra Pick-Up 4yd Unscheduled 55.44$ 55.44$ 3 5 1,414.36$ 1,414.36$
6 1 406.05$ 406.05$ 3 6 1,700.60$ 1,700.60$
6 2 793.50$ 793.50$ Extra Pick-Up 3 yd On-Site 46.48$ 46.48$
6 3 1,200.29$ 1,200.29$ Extra Pick-Up 3yd Unscheduled 66.51$ 66.51$
6 4 1,605.62$ 1,605.62$ 4 1 380.52$ 380.52$
6 5 2,011.67$ 2,011.67$ 4 2 742.30$ 742.30$
6 6 2,417.73$ 2,417.73$ 4 3 1,122.98$ 1,122.98$
Extra Pick-Up 6 yd On-Site 48.40$ 48.40$ 4 4 1,503.62$ 1,503.62$
Extra Pick-Up 6yd Unscheduled 68.43$ 68.43$ 4 5 1,884.31$ 1,884.31$
Extra 64 Gallon Trash Barrel 10.77$ 11.50$ 4 6 2,263.54$ 2,263.54$
Extra Pick-Up 4 yd On-Site 58.83$ 58.83$
Extra Pick-Up 4yd Unscheduled 78.86$ 78.86$
EXHIBIT A
CITY OF GRAND TERRACE
PROPOSED RATE INCREASE
Service Type Service Type
2022 Grand Terrace Rates 6-3-22_City File 218 1
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8/1/22 Rate
EXHIBIT A
CITY OF GRAND TERRACE
PROPOSED RATE INCREASE
Service Type Service Type
Commercial Front Load Refuse Commercial Front Load Green Waste (Barrels & Bins)
Size Freq Size Freq
96-Gallon 1 43.65$ 43.90$ 35-Gallon 1 n/a 39.66$
35-Gallon 2 n/a 65.79$
2 1 149.49$ 149.49$ 35-Gallon 3 n/a 87.60$
2 2 280.36$ 280.36$ 35-Gallon 4 n/a 109.77$
2 3 429.84$ 429.84$ 35-Gallon 5 n/a 140.31$
2 4 579.39$ 579.39$ 35-Gallon 6 n/a 153.48$
2 5 728.14$ 728.14$ 65-Gallon 1 n/a 43.37$
2 6 878.03$ 878.03$ 65-Gallon 2 n/a 73.12$
Extra Pick-Up 2 yd On-Site 22.41$ 22.41$ 65-Gallon 3 n/a 98.55$
Extra Pick-Up 2yd Unscheduled 42.44$ 42.44$ 65-Gallon 4 n/a 124.33$
3 1 206.95$ 206.95$ 65-Gallon 5 n/a 158.48$
3 2 395.77$ 395.77$ 65-Gallon 6 n/a 175.28$
3 3 602.87$ 602.87$
3 4 821.84$ 821.84$ 2 1 122.51$ 131.64$
3 5 1,016.93$ 1,016.93$ 2 2 226.38$ 243.65$
3 6 1,223.60$ 1,223.60$ 2 3 348.88$ 375.31$
Extra Pick-Up 3 yd On-Site 28.90$ 28.90$ 2 4 471.41$ 507.00$
Extra Pick-Up 3yd Unscheduled 48.95$ 48.95$ 2 5 593.20$ 637.87$
4 1 274.50$ 274.50$ 2 6 716.07$ 769.88$
4 2 530.60$ 530.60$ Add. Pickup (on-site)18.52$ 19.93$
4 3 805.23$ 805.23$ Add. Pickup (unsched)38.56$ 41.29$
4 4 1,079.84$ 1,079.84$ 3 1 166.47$ 179.29$
4 5 1,356.95$ 1,356.95$ 3 2 314.79$ 339.45$
4 6 1,627.66$ 1,627.66$ 3 3 481.42$ 518.87$
Extra Pick-Up 4 yd On-Site 35.41$ 35.41$ 3 4 659.91$ 710.78$
Extra Pick-Up 4yd Unscheduled 55.44$ 55.44$ 3 5 814.49$ 877.54$
6 1 401.89$ 401.89$ 3 6 980.68$ 1,056.52$
6 2 785.19$ 785.19$ Add. Pickup (on-site)23.06$ 24.87$
6 3 1,187.81$ 1,187.81$ Add. Pickup (unsched)43.10$ 46.23$
6 4 1,589.00$ 1,589.00$ 4 1 220.52$ 237.48$
6 5 1,990.89$ 1,990.89$ 4 2 422.63$ 455.66$
6 6 2,392.78$ 2,392.78$ 4 3 643.26$ 693.27$
Extra Pick-Up 6 yd On-Site 48.40$ 48.40$ 4 4 863.93$ 930.90$
Extra Pick-Up 6yd Unscheduled 68.43$ 68.43$ 4 5 1,087.06$ 1,171.18$
Extra 96 Gallon Trash Barrel 12.30$ 13.11$ 4 6 1,303.78$ 1,404.70$
Add. Pickup (on-site)27.63$ 29.81$
Commercial & Multi-Family Front Load Recycling Add. Pickup (unsched)47.66$ 51.17$
Size Freq
65-Gallon 1 n/a 37.61$
65-Gallon 2 n/a 61.62$ Miscellaneous Services
65-Gallon 3 n/a 81.28$ Temporary Bin - 3 yd (7-days)113.90$ 113.90$
Burned Bin 362.35$ 386.34$
95-Gallon nc n/a Bin Exchanges 76.36$ 81.42$
Extra 95-Gallon 2.31$ n/a Barrel Exchange (one exchange per year at no 17.87$ 19.07$
charge, does not apply to graffiti or
2 1 106.18$ 106.18$ damaged barrels
2 2 193.71$ 193.71$ Lock Rental (Monthly)15.55$ 16.57$
2 3 306.67$ 306.67$ Lost or Stolen Bin 647.04$ 689.86$
2 4 415.24$ 415.24$ Lost or Stolen Barrel 77.00$ 82.16$
2 5 523.05$ 523.05$ Overage 43.46$ 46.33$
2 6 631.97$ 631.97$ Replaced Key 6.47$ 6.90$
Extra Pick-Up 2 yd On-Site n/a 13.73$ Locks - Replaced Lock 32.35$ 34.49$
Extra Pick-Up 2yd Unscheduled n/a 33.51$ Bulky pick-up (1st item)30.92$ 32.95$
3 1 141.98$ 141.98$ Bulky pick-up (each add't item)18.24$ 19.44$
3 2 265.78$ 265.78$ Bin Enclosure clean-up (per hour)52.49$ 55.95$
3 3 417.45$ 417.45$ Contamination (barrel/bin for recycling/gw/fw)59.40$ 63.33$
3 4 574.89$ 574.89$ Tilthopper 39.02$ 41.60$
3 5 708.06$ 708.06$
3 6 853.01$ 853.01$ Certificate of Destruction
Extra Pick-Up 3 yd On-Site n/a 17.04$ Taken to San Bernardino County Landfill (per ton)124.60$ 132.95$
Extra Pick-Up 3yd Unscheduled n/a 36.87$
2022 Grand Terrace Rates 6-3-22_City File 218 2
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Current
1/1/22 Rate
Proposed
8/1/22 Rate
Current 1/1/22
Rate
Proposed
8/1/22 Rate
EXHIBIT A
CITY OF GRAND TERRACE
PROPOSED RATE INCREASE
Service Type Service Type
Commercial & Multi-Family Front Load Recycling Miscellaneous Services
4 1 187.84$ 187.84$ Push Out (per pick-up/month)
4 2 357.31$ 357.31$ 0-25 ft 20.81$ 22.20$
4 3 557.99$ 557.99$ 26-50 ft 41.61$ 44.40$
4 4 750.28$ 750.28$ 51-75 ft 62.42$ 88.80$
4 5 945.17$ 945.17$ Over 75 ft Scout Service Required
4 6 1,133.49$ 1,133.49$ Rate $150 per hour
Extra Pick-Up 4 yd On-Site n/a 19.62$
Extra Pick-Up 4yd Unscheduled n/a 39.44$
6 1 271.90$ 271.90$
6 2 525.22$ 525.22$
6 3 816.65$ 816.65$
6 4 1,094.20$ 1,094.20$
6 5 1,372.50$ 1,372.50$
6 6 1,650.76$ 1,650.76$
Extra Pick-Up 6 yd On-Site n/a 22.55$
Extra Pick-Up 6yd Unscheduled n/a 42.34$
Roll-Off & Compactor Services
10 yard (plus disposal)246.51$ 262.60$
20 yard (plus disposal)246.51$ 262.60$
40 yard (plus disposal)246.51$ 262.60$
40 yard Compactor (plus disposal)275.05$ 293.01$
40 yard Recycling (plus processing)242.85$ 258.94$
40 yard Green Waste (plus disposal)242.85$ 258.94$
Refuse Per Ton 58.99$ 62.25$
Temp 10,20,40 7-day, (6
Ton Max)629.02$ 666.54$
End Dump (per hour)201.20$ 214.69$
Liner for Roll-Off 119.57$ 127.58$
Relocation/Extra Trip 83.59$ 89.11$
Rental Fee (minimum every 7-days)32.40$ 34.54$
2022 Grand Terrace Rates 6-3-22_City File 218 3
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CITY OF GRAND TERRACE NOTICE OF PUBLIC HEARING ON
PROPOSED SOLID WASTE COLLECTION SERVICES (INCLUDES: SOLID WASTE, RECYCLING, DISPOSAL SERVICE & WASTE COLLECTION) RATE INCREASE
May 24, 2022
Dear Grand Terrace Refuse Customer or Property Owner:
NOTICE IS HEREBY GIVEN that the Grand Terrace City Council will conduct a Public
Hearing on the 12th day of July 2022, at the hour of 6:00 p.m. at the City Council
Chambers, located at 22795 Barton Road, Grand Terrace, California 92313, regarding
proposed rate increases for Solid Waste Collection Services (includes: solid waste,
recycling, disposal service & waste collection) in compliance with Proposition 218. At the
public hearing, the City Council will consider all public comments in support of and in
opposition to the proposed rate increases and whether or not a Majority Protest exists
pursuant to the California Constitution.
REASON FOR PROPOSED SOLID WASTE INCREASE AND BASIS UPON WHICH
THE PROPOSED RATE INCREASE IS CALCULATED
The City of Grand Terrace has a franchise agreement with Burrtec Waste Industries
(“Burrtec”) for the provision of Solid Waste Collection Services (includes: solid waste,
recycling, disposal service & waste collection). Burrtec charges rates to recover costs
associated with providing those services to customers. Burrtec is seeking rate increases
to account for changes in its costs to provide Solid Waste Collection Services (includes:
solid waste, recycling, disposal service & waste collection) in the City due to cost
increases (including passthrough costs). Burrtec’s costs generally include labor,
equipment, gas, and the fees charged by waste processing sites.
RESIDENTIAL: For Residential Service, the proposed rate adjustments represent pass through cost increases in the refuse disposal, green waste processing and recyclables processing components of the rate. Burrtec did not request a Consumer Price Index (“CPI”) increase on their service component. Other rate component adjustments include:
•$0.09 increase in Pavement Impact Fees per service address
•$0.35 increase in Franchise Fees per service address
The proposed rate adjustment for the Standard 96-gallon barrel service is $2.96 per month. The proposed rate adjustment for the 64-gallon barrel service is $2.75 per month.
Please see the attached rate table for all proposed rates.
COMMERCIAL: For Commercial Service, the proposed rate adjustments depend on the option selected by the customer as it relates to container size and frequency. The proposed rate adjustments represent a .90 % CPI adjustment (CPI = 90% of February year over year change for Series ID CUURS49ASA0 (LA-Long Beach-Anaheim). February 2022 increased 7.4% from February 2021. CPI used was 90% of 7.4% = 6.7%) in service costs
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CITY OF GRAND TERRACE NOTICE OF PUBLIC HEARING ON
PROPOSED SOLID WASTE COLLECTION SERVICES (INCLUDES: SOLID WASTE, RECYCLING, DISPOSAL SERVICE & WASTE COLLECTION) RATE INCREASE
as well as pass through cost increases in the refuse disposal, green waste processing, food waste processing and recyclables processing components of the various service
rates. Other rate component adjustments include:
•$0.01 increase in Pavement Impact Fees per service address
•$0.08 increase in Franchise Fees per service address
Please see the attached rate table for all proposed rates.
MULTl-FAMILY HOUSING: For Multi-Family Housing, the proposed rate adjustments depend on the option selected by the customer as it relates to container size and frequency.
The proposed rate adjustments represent a .90% CPI adjustment (CPI = 90% of February year over year change for Series ID CUURS49ASA0 (LA-Long Beach-Anaheim). February 2022 increased 7.4% from February 2021. CPI used was 90% of 7.4% = 6.7%) in service costs as well as pass through cost increases in the refuse disposal, green waste processing, and recyclables processing components of the various service rates.
Other rate component adjustments include:
•3.5% increase in Pavement Impact Fees per service address
•$0.35 increase in Franchise Fees per service address
Please see the attached rate table for all proposed rates.
PROTEST PROCEDURE
Proposition 218 prohibits the City from implementing an increase in the rates if a majority
of the affected property owners or tenants file written protests opposing the rates before the
end of the public hearing. To count toward this majority, you can submit your written protest
to the City following the requirements listed below, or hand deliver it at the public hearing
before public testimony closes. Only one written protest per affected property may be
counted towards the majority protest.
Under Section 6 of Article XIII D of the California Constitution, any of the following persons
may submit a written protest against the Proposed Rate Increase to the City Clerk, before
the close of the public hearing referenced above:
•Any owner of property (parcel(s)) receiving Solid Waste Collection Services
(includes: solid waste, recycling, disposal service & waste collection)
within the City limits. If the person(s) signing the protest, as an owner, is
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CITY OF GRAND TERRACE NOTICE OF PUBLIC HEARING ON
PROPOSED SOLID WASTE COLLECTION SERVICES (INCLUDES: SOLID WASTE, RECYCLING, DISPOSAL SERVICE & WASTE COLLECTION) RATE INCREASE
not shown on the last equalized assessment roll as the owner of the
parcel(s), then the protest must contain or be accompanied by written
evidence the person signing the protest is the owner of the parcel(s) receiving
Solid Waste Collection Services (includes: solid waste, recycling, disposal
service & waste collection); and/or
•A tenant-customer(s) whose name appears as the customer of record for the
corresponding parcel receiving Solid Waste Collection Services (includes:
solid waste, recycling, disposal service & waste collection) within the City
limits.
A valid protest must be (1) written, (2) have a clear statement of protest of the increase in
the Solid Waste Collection Services (includes: solid waste, recycling, disposal service &
waste collection) rates, (3) identify the legal interest of the person protesting, and (4) identify
the address or assessor parcel number of the property. In order to be valid, a protest must
bear the name and the original signature of the party with an interest in the property
identified on the protest. Protests not bearing the original signature shall not be counted.
If applicable, the protest should also include the account number related to the Solid
Waste Collection Services (includes: solid waste, recycling, disposal service & waste
collection).
Protests shall be submitted to the City Clerk for the City, either by delivery (mail or personal)
to the City Clerk’s Office or by submitting the protest at the public hearing before the close
of public testimony. Written protests will not be accepted by e-mail or by facsimile. No
postmarks will be accepted. Although oral comments at the public hearing will not qualify
as a formal protest unless accompanied by a written protest, the City Council welcomes
input from the community during the public hearing on the Proposed Rate Increases.
Any person who submits a protest may withdraw it by submitting to the City Clerk a written
request that the protest be withdrawn. The withdrawal of a protest shall contain sufficient
information to identify the affected parcel and the name of the record owner or record
customer who submitted both the protest and the request that it be withdrawn. To ensure
transparency and accountability in the fee protest tabulation, protests shall constitute
disclosable public records from when they are received. Written protests regarding the
proposed rate increase may be mailed to:
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CITY OF GRAND TERRACE NOTICE OF PUBLIC HEARING ON
PROPOSED SOLID WASTE COLLECTION SERVICES (INCLUDES: SOLID WASTE, RECYCLING, DISPOSAL SERVICE & WASTE COLLECTION) RATE INCREASE
ATTENTION: CITY CLERK
City of Grand Terrace
22795 Barton Rd.
Grand Terrace, CA 92313-5295
Please identify on the front of the envelope that the enclosed letter is for the
"2022-2023 Solid Waste Rate Increase Public Hearing". Any mailed protest must be
received by the City Clerk, before 5:00 p.m. on July 12th, 2022.
Written protests may also be personally delivered to the City Clerk at 22795 Barton Rd.,
Grand Terrace, California 92313-5295 on July 12th, 2022, before the public testimony
portion of the public hearing is closed.
If valid written protests are presented by a majority of owners and/or tenants-customers of parcels receiving Solid Waste Collection Services (includes: solid waste, recycling, disposal service & waste collection) within the City limits, then the City will not adjust/ increase the Solid Waste Collection Services (includes: solid waste, recycling, disposal
service & waste collection) rates. Only one protest per parcel will be counted in
determining whether or not a majority protest exists.
If approved, the proposed rates will go into effect on July 12, 2022. Should you have any questions regarding the rate hearing or the proposed increase, please contact Burrtec at (909) 889-1969 or the City of Grand Terrace at 909-824-6621.
Sincerely,
Shanita Tillman
Public Works Management Analyst
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Current
1/1/22 Rate
Proposed
7/1/22 Rate
Current 1/1/22
Rate
Proposed
7/1/22 Rate
Residential Commercial Front Load Food Waste (Barrels & Bins)
Standard - 96 Gallon Trash Barrel 30.62$ 33.58$ Size Freq
64 Gallon Trash Barrel 29.12$ 31.87$ 35-Gallon 1 n/a 59.28$
Extra 96 Gallon Trash Barrel 13.26$ 14.15$ 35-Gallon 2 n/a 105.04$
Extra 64 Gallon Trash Barrel 10.77$ 11.50$ 35-Gallon 3 n/a 146.48$
Extra Recycling Barrel 2.49$ 2.66$ 35-Gallon 4 n/a 188.25$
Extra Green Waste Barrel 2.49$ 2.66$ 35-Gallon 5 n/a 238.43$
Backyard/Sideyard Service 15.35$ 16.38$ 35-Gallon 6 n/a 271.20$
Extra Pick-Up (service day)11.50$ 12.26$ 65-Gallon 1 82.82$ 84.69$
Extra Pick-Up (all other days)22.99$ 24.53$ 65-Gallon 2 152.57$ 155.60$
65-Gallon 3 218.11$ 222.13$
65-Gallon 4 284.02$ 289.03$
Multi-Family Front Load Refuse 65-Gallon 5 357.98$ 364.40$
Size Freq 65-Gallon 6 415.24$ 422.20$
2 1 150.88$ 150.88$
2 2 283.09$ 283.09$ 2 1 325.72$ 332.81$
2 3 433.97$ 433.97$ 2 2 601.94$ 613.53$
2 4 584.88$ 584.88$ 2 3 862.24$ 877.52$
2 5 735.01$ 735.01$ 2 4 1,123.94$ 1,142.98$
2 6 886.27$ 886.27$ 2 5 1,416.22$ 1,440.59$
Extra Pick-Up 2 yd On-Site 22.41$ 22.41$ 2 6 1,645.17$ 1,671.56$
Extra Pick-Up 2yd Unscheduled 42.44$ 42.44$
3 1 209.03$ 209.03$
3 2 399.94$ 399.94$ Commercial Front Load Compactor
3 3 609.11$ 609.11$ Size Freq
3 4 830.17$ 830.17$ 2 1 202.78$ 202.78$
3 5 1,027.33$ 1,027.33$ 2 2 386.56$ 386.56$
3 6 1,236.09$ 1,236.09$ 2 3 589.36$ 589.36$
Extra Pick-Up 3 yd On-Site 28.90$ 28.90$ 2 4 792.17$ 792.17$
Extra Pick-Up 3yd Unscheduled 48.95$ 48.95$ 2 5 994.25$ 994.25$
4 1 277.27$ 277.27$ 2 6 1,197.40$ 1,197.40$
4 2 536.15$ 536.15$ Extra Pick-Up 2 yd On-Site 34.12$ 34.12$
4 3 813.57$ 813.57$ Extra Pick-Up 2yd Unscheduled 54.16$ 54.16$
4 4 1,090.95$ 1,090.95$ 3 1 286.58$ 286.58$
4 5 1,370.88$ 1,370.88$ 3 2 554.55$ 554.55$
4 6 1,644.38$ 1,644.38$ 3 3 841.19$ 841.19$
Extra Pick-Up 4 yd On-Site 35.41$ 35.41$ 3 4 1,127.39$ 1,127.39$
Extra Pick-Up 4yd Unscheduled 55.44$ 55.44$ 3 5 1,414.36$ 1,414.36$
6 1 406.05$ 406.05$ 3 6 1,700.60$ 1,700.60$
6 2 793.50$ 793.50$ Extra Pick-Up 3 yd On-Site 46.48$ 46.48$
6 3 1,200.29$ 1,200.29$ Extra Pick-Up 3yd Unscheduled 66.51$ 66.51$
6 4 1,605.62$ 1,605.62$ 4 1 380.52$ 380.52$
6 5 2,011.67$ 2,011.67$ 4 2 742.30$ 742.30$
6 6 2,417.73$ 2,417.73$ 4 3 1,122.98$ 1,122.98$
Extra Pick-Up 6 yd On-Site 48.40$ 48.40$ 4 4 1,503.62$ 1,503.62$
Extra Pick-Up 6yd Unscheduled 68.43$ 68.43$ 4 5 1,884.31$ 1,884.31$
Extra 64 Gallon Trash Barrel 10.77$ 11.50$ 4 6 2,263.54$ 2,263.54$
Extra Pick-Up 4 yd On-Site 58.83$ 58.83$
Extra Pick-Up 4yd Unscheduled 78.86$ 78.86$
EXHIBIT A
CITY OF GRAND TERRACE
PROPOSED RATE INCREASE
Service Type Service Type
2022 Grand Terrace Rates 5-3-22_City File 218 1
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Current
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Proposed
7/1/22 Rate
Current 1/1/22
Rate
Proposed
7/1/22 Rate
EXHIBIT A
CITY OF GRAND TERRACE
PROPOSED RATE INCREASE
Service Type Service Type
Commercial Front Load Refuse Commercial Front Load Green Waste (Barrels & Bins)
Size Freq Size Freq
96-Gallon 1 43.65$ 44.24$ 35-Gallon 1 n/a 39.66$
35-Gallon 2 n/a 65.79$
2 1 149.49$ 149.49$ 35-Gallon 3 n/a 87.60$
2 2 280.36$ 280.36$ 35-Gallon 4 n/a 109.77$
2 3 429.84$ 429.84$ 35-Gallon 5 n/a 140.31$
2 4 579.39$ 579.39$ 35-Gallon 6 n/a 153.48$
2 5 728.14$ 728.14$ 65-Gallon 1 n/a 43.37$
2 6 878.03$ 878.03$ 65-Gallon 2 n/a 73.12$
Extra Pick-Up 2 yd On-Site 22.41$ 22.41$ 65-Gallon 3 n/a 98.55$
Extra Pick-Up 2yd Unscheduled 42.44$ 42.44$ 65-Gallon 4 n/a 124.33$
3 1 206.95$ 206.95$ 65-Gallon 5 n/a 158.48$
3 2 395.77$ 395.77$ 65-Gallon 6 n/a 175.28$
3 3 602.87$ 602.87$
3 4 821.84$ 821.84$ 2 1 122.51$ 131.64$
3 5 1,016.93$ 1,016.93$ 2 2 226.38$ 243.65$
3 6 1,223.60$ 1,223.60$ 2 3 348.88$ 375.31$
Extra Pick-Up 3 yd On-Site 28.90$ 28.90$ 2 4 471.41$ 507.00$
Extra Pick-Up 3yd Unscheduled 48.95$ 48.95$ 2 5 593.20$ 637.87$
4 1 274.50$ 274.50$ 2 6 716.07$ 769.88$
4 2 530.60$ 530.60$ Add. Pickup (on-site)18.52$ 19.93$
4 3 805.23$ 805.23$ Add. Pickup (unsched)38.56$ 41.29$
4 4 1,079.84$ 1,079.84$ 3 1 166.47$ 179.29$
4 5 1,356.95$ 1,356.95$ 3 2 314.79$ 339.45$
4 6 1,627.66$ 1,627.66$ 3 3 481.42$ 518.87$
Extra Pick-Up 4 yd On-Site 35.41$ 35.41$ 3 4 659.91$ 710.78$
Extra Pick-Up 4yd Unscheduled 55.44$ 55.44$ 3 5 814.49$ 877.54$
6 1 401.89$ 401.89$ 3 6 980.68$ 1,056.52$
6 2 785.19$ 785.19$ Add. Pickup (on-site)23.06$ 24.87$
6 3 1,187.81$ 1,187.81$ Add. Pickup (unsched)43.10$ 46.23$
6 4 1,589.00$ 1,589.00$ 4 1 220.52$ 237.48$
6 5 1,990.89$ 1,990.89$ 4 2 422.63$ 455.66$
6 6 2,392.78$ 2,392.78$ 4 3 643.26$ 693.27$
Extra Pick-Up 6 yd On-Site 48.40$ 48.40$ 4 4 863.93$ 930.90$
Extra Pick-Up 6yd Unscheduled 68.43$ 68.43$ 4 5 1,087.06$ 1,171.18$
Extra 96 Gallon Trash Barrel 12.30$ 13.11$ 4 6 1,303.78$ 1,404.70$
Add. Pickup (on-site)27.63$ 29.81$
Commercial & Multi-Family Front Load Recycling Add. Pickup (unsched)47.66$ 51.17$
Size Freq
65-Gallon 1 n/a 37.61$
65-Gallon 2 n/a 61.62$ Miscellaneous Services
65-Gallon 3 n/a 81.28$ Temporary Bin - 3 yd (7-days)113.90$ 113.90$
Burned Bin 362.35$ 386.34$
95-Gallon nc n/a Bin Exchanges 76.36$ 81.42$
Extra 95-Gallon 2.31$ n/a Barrel Exchange (one exchange per year at no 17.87$ 19.07$
charge, does not apply to graffiti or
2 1 106.18$ 106.18$ damaged barrels
2 2 193.71$ 193.71$ Lock Rental (Monthly)15.55$ 16.57$
2 3 306.67$ 306.67$ Lost or Stolen Bin 647.04$ 689.86$
2 4 415.24$ 415.24$ Lost or Stolen Barrel 77.00$ 82.16$
2 5 523.05$ 523.05$ Overage 43.46$ 46.33$
2 6 631.97$ 631.97$ Replaced Key 6.47$ 6.90$
Extra Pick-Up 2 yd On-Site n/a 13.73$ Locks - Replaced Lock 32.35$ 34.49$
Extra Pick-Up 2yd Unscheduled n/a 33.51$ Bulky pick-up (1st item)30.92$ 32.95$
3 1 141.98$ 141.98$ Bulky pick-up (each add't item)18.24$ 19.44$
3 2 265.78$ 265.78$ Bin Enclosure clean-up (per hour)52.49$ 55.95$
3 3 417.45$ 417.45$ Contamination (barrel/bin for recycling/gw/fw)59.40$ 63.33$
3 4 574.89$ 574.89$ Tilthopper 39.02$ 41.60$
3 5 708.06$ 708.06$
3 6 853.01$ 853.01$ Certificate of Destruction
Extra Pick-Up 3 yd On-Site n/a 17.04$ Taken to San Bernardino County Landfill (per ton)124.60$ 132.95$
Extra Pick-Up 3yd Unscheduled n/a 36.87$
2022 Grand Terrace Rates 5-3-22_City File 218 2
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Current
1/1/22 Rate
Proposed
7/1/22 Rate
Current 1/1/22
Rate
Proposed
7/1/22 Rate
EXHIBIT A
CITY OF GRAND TERRACE
PROPOSED RATE INCREASE
Service Type Service Type
Commercial & Multi-Family Front Load Recycling Miscellaneous Services
4 1 187.84$ 187.84$ Push Out (per pick-up/month)
4 2 357.31$ 357.31$ 0-25 ft 20.81$ 22.20$
4 3 557.99$ 557.99$ 26-50 ft 41.61$ 44.40$
4 4 750.28$ 750.28$ 51-75 ft 62.42$ 88.80$
4 5 945.17$ 945.17$ Over 75 ft Scout Service Required
4 6 1,133.49$ 1,133.49$ Rate $150 per hour
Extra Pick-Up 4 yd On-Site n/a 19.62$
Extra Pick-Up 4yd Unscheduled n/a 39.44$
6 1 271.90$ 271.90$
6 2 525.22$ 525.22$
6 3 816.65$ 816.65$
6 4 1,094.20$ 1,094.20$
6 5 1,372.50$ 1,372.50$
6 6 1,650.76$ 1,650.76$
Extra Pick-Up 6 yd On-Site n/a 22.55$
Extra Pick-Up 6yd Unscheduled n/a 42.34$
Roll-Off & Compactor Services
10 yard (plus disposal)246.51$ 262.60$
20 yard (plus disposal)246.51$ 262.60$
40 yard (plus disposal)246.51$ 262.60$
40 yard Compactor (plus disposal)275.05$ 293.01$
40 yard Recycling (plus processing)242.85$ 258.94$
40 yard Green Waste (plus disposal)242.85$ 258.94$
Refuse Per Ton 58.99$ 65.40$
Temp 10,20,40 7-day, (6
Ton Max)629.02$ 685.46$
End Dump (per hour)201.20$ 214.69$
Liner for Roll-Off 119.57$ 127.58$
Relocation/Extra Trip 83.59$ 89.11$
Rental Fee (minimum every 7-days)32.40$ 34.54$
2022 Grand Terrace Rates 5-3-22_City File 218 3
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RESOLUTION NO. 2022-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE, CALIFORNIA, DECLARING ITS
INTENTION TO CONDUCT A PUBLIC HEARING AND
SETTING A PUBLIC HEARING FOR JULY 12, 2022, AT
6:00 P.M., OR AS SOON THEREAFTER AS FEASIBLE, IN
THE CITY COUNCIL CHAMBERS LOCATED AT 22795
BARTON ROAD, GRAND TERRACE CALIFORNIA TO
CONSIDER INCREASES TO RESIDENTIAL AND
COMMERCIAL REFUSE, RECYCLE, DISPOSAL SERVICE,
AND WASTE COLLECTION RATES FOR FISCAL YEARS
2022-2023
WHEREAS, the City of Grand Terrace is a municipal corporation duly organized
and existing pursuant to the Constitution and laws of the State of California, (hereinafter
the “City”); and
WHEREAS, the City Council has by previous action entered into a franchise
agreement with Burrtec Waste Industries, (hereinafter “Burrtec”), for the collection and
disposal of residential and commercial waste within the City; and
WHEREAS, Burrtec has requested rate increases to residential and commercial
solid waste collection, recycling, and disposal service rates for fiscal years 2022-2023;
and
WHEREAS, as proposed, the residential rate increase will take effect on or after
July 12, 2022, and
WHEREAS, as proposed, commercial rates are proposed to be raised effective
on or after August 1, 2022; and
WHEREAS, the City Council now desires to declare its intention to conduct a
Public Hearing concerning residential and commercial solid waste collection, recycling
and disposal service rates for Fiscal Years 2022-2023, in accordance with Section 6 of
Article 13D of the California Constitution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: The preceding recitals are true and correct and incorporated herein by reference.
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SECTION 2: The City Council will consider an adjustment in the service rates for the provision of residential and commercial solid waste collection, recycling, disposal services, and green and food waste collection and it has deemed that the proposed refuse
rate adjustments, set forth in Exhibit A are appropriate and reasonable.
SECTION 3: The City Council hereby declares its intention to conduct a Public Hearing concerning increases to residential and commercial solid waste collection, recycling, disposal service, and green and food waste collection rates, for Fiscal Years 2022-2023, as provided in Exhibit A in accordance with Section 6 of Article 13D of the
California Constitution and notice is hereby given that such Public Hearing on these
matters will be held by the City Council on Tuesday, July 12, 2022 at 6:00 P.M., or as soon thereafter as feasible, in the City Council Chambers located at 22795 Barton Road, Grand Terrace California. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.
SECTION 4: The City Council hereby authorizes and directs the City’s franchise
refuse collection services provider, Burrtec Waste Industries, Inc., to provide notice to all residential and commercial refuse/recycling and street sweeping customers within the City, not less than forty-five (45) days prior to the Public Hearing, pursuant to California Government Code Section 53755 and Section 6 of Article 13D of the California
Constitution.
SECTION 5: The City Clerk shall certify to the passage and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 12th day of July 2022.
__________________________
Darcy McNaboe, Mayor
ATTEST:
Debra L. Thomas, City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra, City Attorney
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AGENDA REPORT
MEETING DATE: July 12, 2022 Council Item
TITLE: 2022-2023 Landscape & Lighting Assessment District 89-1 Public Hearing and Adoption of Resolution Ordering the
Levy and Collection of Assessments Therefore and Approval
of Agreements with the County for the Collection Thereof
PRESENTED BY: Shanita Tillman, Management Analyst
RECOMMENDATION: 1) Conduct The Public Hearing; And
2) Adopt A Resolution Of The City Council Of The City
Of Grand Terrace Approving The Engineer’s Annual Levy Report For, And Confirming The Diagram And Assessment And Ordering The Levy And Collection Of Assessments Within, The City Of Grand Terrace Landscaping And Street
Lighting District No. 89-1, Fiscal Year 2022-2023
3) Approve The “Auditor-Controller/Treasurer/Tax Collector Agreement For Collection Of Special Taxes, Fees, And
Assessments Fiscal Year 2022-2023” For The City And “The
Auditor-Controller/Treasurer/Tax Collector Agreement For Collection Of Special Taxes, Fees, And Assessments Fiscal Year 2022-2023” For The District And Authorize The Mayor To Sign Thereof Subject To City Attorney Approval As To
Form
2030 VISION STATEMENT:
This staff report supports Goal #1, "Ensuring Fiscal Viability" by ensuring proper cost
recovery for services.
BACKGROUND:
In 1989, the City Council required developers of Tract 13364 to form Assessment
District 89-1 for the purpose of maintaining the landscaping and lighting serving the
project, as required by the conditions of approval. Subsequently, two other
developments were required to be included, through annexation, into Assessment
District 89-1. The developments (Tracts 14264 and 14471) were annexed into
Assessment District 89-1 as Annexation No. 1.
To ensure all future developments were sustainable, Staff recommended that all future
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developments be annexed into Assessment District 89-1. Therefore, the following
amendments occurred (note that each annexation may contain more than one
tract/zone):
A. Greenbriar on Mt. Vernon Avenue (Tract 17766) was annexed into
Assessment District 89-1 in 2016 as Annexation No. 2.
B. Aegis Builders development on Pico Street (Tract 18793) was annexed
into Assessment District 89-1 in 2016 as Annexation No. 3.
C. Crestwood Development Project on Jaden Court (Tract 18071) was
annexed into Assessment District 89-1 as Annexation No. 4 in 2018
D. Aegis-Van Buren Housing development on Tesoro Court/ Van Buren
(Tract 18604) was annexed into Assessment District 89-1 as Annexation
No. 5, in 2019.
The Assessment District has seven zones total with established assessments approved
by Council and are included in the Engineer’s Report.
On May 24, 2022, at the City Council meeting, the Council adopted a Resolution
ordering the preparation of plans, specification, cost estimates, diagrams, engineer’s
report, and preliminary approval thereof for Landscape and Lighting District No. 89-1.
DISCUSSION:
This agenda item is for the purpose of conducting the public hearing and adoption of a
Resolution for the annual assessment levy for maintenance of the landscaping and
lighting benefiting the property owners within the tracts of the Assessment District.
The Engineer Report's estimates the cost of operations and maintenance for the seven
zones in Fiscal Year 2022-2023 will differ from the cost of last year. Based upon the
analysis, the assessment amount will increase by $3,491.73 for a combined total of
$60,816.13 for Fiscal Year 2022-2023.
Servicing and administering the City’s landscape maintenance program shall be
according to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division
15, of the Street and Highways Code of the State of California. The Proceedings will be
conducted under the Landscaping and Lighting Act of 1972, Part 2, Division 15,
Sections 22500 through 22679 of the Streets and Highways Code of the State of
California.
Attached are the “Auditor-Controller/Treasurer/Tax Collector Agreement for Collection of
Special Taxes, Fees, and Assessments Fiscal Year 2022-2023” for the City and the
District. Both agreements must be signed and approved for the County to collect the
levy on behalf of the District/City.
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FISCAL IMPACT:
The Engineer's Report has estimated the fiscal impact will be $60,816.13 to maintain
the Assessment District. Most of this amount will be reimbursed to the City through the
levy which is collected along with property taxes by the County of San Bernardino for
each parcel; however, there is an expected shortfall of $3,717.92. This is due to the
inability to increase the levy amount for Zone 1 without the approval of the owners
through a Proposition 218 process. The shortfall amount of $3,717.92 will be covered by
the reserves in Fund 26. Each zone has its own account ranging from 26-600-000 to 26-
606-000.
ATTACHMENTS:
• I. Public Hearing Instruction Sheet (DOCX)
• II. FY22-23 Engineer's Report (PDF)
• III. Tract Maps Zone 1-7 (PDF)
• FY 2022-23 Special Assessments - City Agreement (PDF)
• FY 2022-23 Special Assessments - District Agreement (PDF)
• IV. Resolution - Levy of Assessments (DOCX)
APPROVALS:
Shanita Tillman Completed 06/17/2022 1:08 PM
City Manager Completed 06/22/2022 11:47 AM
City Council Pending 07/12/2022 6:00 PM
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INSTRUCTION SHEET – PUBLIC HEARING
CITY OF GRAND TERRACE
LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1
PUBLIC HEARING
MAJORITY PROTEST: Any interested person may file a written protest with the
City Clerk, stating the grounds for their objection. Said protest shall contain a description
of the property sufficient to identified said property. All interested persons shall be
afforded the opportunity to be heard at the Public Hearing. If written protests submitted,
and not withdrawn, constitutes in excess of fifty (50%) percent of the total value of the
assessment, the proceedings must be abandoned.
ASSESSMENT ROLL
If there are to be no changes or modifications in the individual assessment
amounts, then the assessment roll as previously prepared should be confirmed. A copy
of the confirmed assessments should be filed in the Office of the City Engineer, with a
duplicate copy on file in the office of the City Clerk and open for public inspection.
RESOLUTION CONFIRMING ASSESSMENT
The adoption of this Resolution constitutes the levy of the special assessment for
the fiscal year so referred to in the assessment.
COUNTY AUDITOR
Immediately after the adoption of the Resolution Confirming the Diagram and the
Assessment, and no later than August 10, 2022, the Clerk shall file a copy of the
assessment diagram and the assessment, or a certified copy thereof, with the County
Auditor. I would recommend that together with a copy of the diagram and assessment, a
certified copy of the Resolution Confirming the Assessment be forwarded also.
FISCAL YEAR
The Assessment, as levied for these proceedings, will relate to the fiscal year
commencing July 1, 2022, and ending June 30, 2023. Note that an annual updating of
the proceedings will be required for each subsequent fiscal year to accomplish the levy
for the ensuing fiscal year.
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FUTURE PROCEEDINGS
Be advised that it is necessary, each year, to update the Engineer’s Report and
approve said Report for the ensuing fiscal year.
CHANGES AND MODIFICAITONS AT HEARING
During the course of the Public Hearing, or upon the conclusion of said hearing,
the legislative body may order changes in the improvements, the boundaries of the
District, or any zones thereof. The legislative body may, without further notice, order the
exclusion of territory from the district, but no property shall be added to said District except
upon the following terms and conditions:
a. Upon written request by a property owner for the inclusion of his property;
b. Upon the legislative body declaring its intention to add additional property and
directing that mailed notice be given to the property owners within the proposed
annexed.
I would recommend that if any changes are to be considered, the matter be
continued so that the proper documentation can be drafted.
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City of Grand Terrace
Landscaping and Lighting
Assessment District No. 89-1
2022/2023 ENGINEER’S REPORT
Intent Meeting: June 14, 2022
Public Hearing: July 12, 2022
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
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TABLE OF CONTENTS
INTRODUCTION ............................................................................................................. 1
Section I. PLANS AND SPECIFICATIONS ................................................................ 3
Improvements Authorized by the 1972 Act .............................................................. 3
District Plans and Specifications .............................................................................. 4
Section II. METHOD OF APPORTIONMENT ............................................................... 8
Proposition 218 Benefit Analysis ............................................................................. 9
Benefit Analysis ......................................................................................................... 9
Assessment Methodology ....................................................................................... 11
Assessment Range Formula ................................................................................... 11
Section III. ESTIMATE OF IMPROVEMENT COSTS .................................................. 13
Section IV. ASSESSMENT DIAGRAMS ..................................................................... 21
Section V. ASSESSMENT ROLL ............................................................................... 28
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ENGINEER'S REPORT AFFIDAVIT
Establishment of Annual Assessments for the:
Landscaping and Lighting Assessment District No. 89-1
City of Grand Terrace,
County of San Bernardino, State of California
This Report describes the improvements, budgets, parcels, and assessments to be levied
for Fiscal Year 2022/2023. Reference is hereby made to the San Bernardino County Assessor’s maps for a detailed description of the lines and dimensions of the parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this ____________ day of ______________, 2022.
Willdan Financial Services
Assessment Engineer
On Behalf of the City of Grand Terrace
By: ________________________________
Chonney Gano, Project Manager District Administration Services
By: ________________________________
Tyrone PeterP.E. # C 81888
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2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 1
INTRODUCTION
The City Council of the City of Grand Terrace (the “City”) adopted its General Plan with various elements to provide guidelines for orderly development within the community. The City Council further adopted ordinances and regulations governing the development of land providing for the installation and construction of certain
landscaping, lighting and appurtenant facilities to enhance the quality of life and to
benefit the value of property. The requirement for the construction and installation of landscaping, lighting and appurtenant facilities is a condition of approval for development and is a requirement of
issuance of a permit for the construction of any residential, commercial, industrial and
planned unit development. The installation of landscaping and lighting systems and the construction of the necessary appurtenant facilities is the responsibility of the property owner/applicant, as conditions of approval of a development application. The City may cause the installation by property owners directly or accept financial arrangements for
installation of these facilities. The cost of servicing, operation, maintenance, repair and replacement of the landscaping, lighting and appurtenant facilities in turn becomes the responsibility of the benefitting properties. The owners/applicants petitioned for formation of the Landscaping Lighting Assessment
District and/or annexation. These have been completed and will increase the City’s obligation for maintenance and servicing. The City of Grand Terrace is administering a lighting system for the benefit of all parcels of land within the City. The lighting benefit is directly related to public safety and
property protection. These benefits have been studied widely, locally, regionally and nationally. The City formed Landscaping and Lighting Assessment District 89-1 (the “District”) in 1989 and subsequently annexed other parcels as Annexation No. 1, Annexation No. 2
Annexation No. 3, Annexation No. 4, and Annexation No. 5 to said District to ensure a fair and equitable levying of the necessary costs of servicing and maintenance of the respective facilities, which in turn will enhance the value of each parcel in the District directly and collectively.
The boundaries of the District, which include Annexations 1, 2, 3, 4, and 5 are the
boundaries of Zone 1 - Tract 13364 filed in Map Book 203, Pages 89 through 92, Records of San Bernardino County (the “County”). The boundaries of Zone 2 - Tract 14264 and Zone 3 – Tract 14471 filed in Map Book 242, Pages 17 and 18, Zone 4 – Tract 17766 filed in Map Book 237, Pages 41 and 42, and Zone 5 – Tract 18793 filed in
Map Book 115, Pages 81-82. The boundaries of Zone 6 – Tract 18071 and Zone 7 –
18604 filed in Map Book 1178 Page 18 and Map Book 1167 Page 34, respectively, of the County. Servicing and administration of the City’s landscape maintenance program shall be
according to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division
E.14.b
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2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 2
15 of the Streets and Highways Code of the State of California (the “1972 Act”).
Payment for the assessment for each parcel will be made in the same manner and at
the same time as payments are made for property taxes for each property. The proceedings will be conducted under the 1972 Act Sections 22500 through 22679.
This Engineer’s Report (the “Report”) is presented for the purpose of levy of annual
assessment to the above-described properties for the purpose of maintaining the lighting and landscaping during the Fiscal Year 2022/2023. This Report contains the necessary data required to conduct the proceedings and is
submitted to the Clerk of the City for filing.
The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the San Bernardino County (the “County”) Assessor’s Office. The County Auditor/Controller uses Assessor’s Parcel
Numbers and a dedicated fund number established for the District to identify properties
to be assessed on the tax roll and the allocation of the funds collected. This Report consists of the following sections:
Section I
Plans and Specifications: Description of the District's improvements are filed herewith and made a part hereof. Said plans and specifications are on file in the Office of the City Clerk.
Section II Method of Apportionment: A discussion of the general and special benefits associated with the overall landscaping street lighting improvements provided within the
District (Proposition 218 Benefit Analysis). This section also includes a determination of
the proportional costs of the special benefits and a separation of costs considered to be of general benefit (and therefore not assessed). This section of the Report also outlines the method of calculating each property’s proportional special benefit.
Section III
Estimate of Improvement Costs: An estimate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and are on file in the Office of the City
Clerk.
E.14.b
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Section IV
Assessment Diagrams: A diagram showing the boundaries of the District is provided
in this Report and includes all parcels that receive special benefits from the improvements. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the District, are inclusive of all parcels as shown on the County Assessor's Parcel Maps as they existed at the time this Report was prepared
and shall include all subsequent subdivisions, lot-line adjustments or parcel changes
therein. Reference is hereby made to the County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District. Section V
Assessment Roll: A listing of the proposed assessment amount for each parcel within
the District. The proposed assessment amount for each parcel is based on the parcel’s
calculated proportional special benefit as outlined in the method of apportionment and proposed assessment rate established in the District Budget. These assessment amounts represent the assessments proposed to be levied and collected on the County Tax Rolls for Fiscal Year 2022/2023.
Section I. PLANS AND SPECIFICATIONS
Improvements Authorized by the 1972 Act
As applicable or may be applicable to this District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities.
• The installation or construction of public lighting facilities.
• The installation or construction of any facilities which are appurtenant to any of the foregoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs,
gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
• The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section.
E.14.b
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Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the Report, including plans, specifications, estimates, diagram, and assessment; • The costs of printing, advertising, and the publishing, posting, and mailing
of notices;
• Compensation payable to the County for collection of assessments;
• Compensation of any engineer or attorney employed to render services;
• Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to
Section 22662.5.
• Costs associated with any elections held for the approval of a new or increased assessment.
The 1972 Act defines "maintain" or "maintenance" to mean furnishing of services and
materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement.
• Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. • The removal of trimmings, rubbish, debris, and other solid waste.
• The cleaning, sandblasting, and painting of walls and other improvements
to remove or cover graffiti. District Plans and Specifications The District provides the necessary funding source for the annual maintenance, operation and servicing of the improvements that have been constructed and installed
for the benefit of properties within the District.
Landscaping and appurtenant facilities generally include trees, shrubs, plants, turf, irrigation systems, and necessary appurtenances including curbs, hardscape, monumentations, fencing located in public right-of-ways, medians, parkways, and/or
easements adjacent to public right-of-ways, in and along public thoroughfares and
certain designated primary and secondary arterials. Lighting and appurtenant facilities includes poles, lighting fixtures, conduits, and the
E.14.b
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2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 5
necessary equipment to maintain, operate and replace a lighting system at designated intersections, in medians, parkways and adjacent to certain public facilities in and along
certain streets, right-of-ways and designated lots.
The installation of planting, landscaping, irrigation systems, lighting and the construction of appurtenant facilities to be operated, serviced and maintained, is more specifically described herein whereas, the landscaping and lighting facilities have been or will be
provided by developers as a condition of subdivision of land, on part of the Conditional
Use review and approval process. A. ZONES OF BENEFIT
In an effort to ensure an appropriate allocation of the estimated annual cost to provide
the District improvements based on proportional special benefits, this District is established with benefit zones (“Zones”) as authorized pursuant to Chapter 1 Article 4, Section 22574 of the 1972 Act:
“The diagram and assessment may classify various areas within an assessment
district into different zones where, by reason of variations in the nature, location, and
extent of the improvements, the various areas will receive differing degrees of
benefit from the improvements. A zone shall consist of all territory which will receive
substantially the same degree of benefit from the improvements.”
The parcels, lots, subdivisions and developments within the District are identified and
grouped into one of seven (7) Zones. Each Zone reflects the landscape improvements
associated with the development of properties in that Zone, to fairly and equitably apportion the net cost of providing those improvements to the properties that receive special benefits from the service and activities associated with those improvements. All of the parcels in the District are identified as single-family residential properties within
three residential developments. These residential developments have been grouped
into seven different Zones that reflects each specific budget and improvements for that particular Zone. By establishing and utilizing a Zone structure, similar properties with similar types of improvements will be assessed a proportional amount for the services and activities provided by the District within each respective Zone.
The improvements are the operation, maintenance and servicing of landscaping, lighting and appurtenant facilities described as follows: Zone 1 - Tract 13364
(a) Landscaping Landscaping, planting, shrubbery, trees, turf, irrigation systems, monuments, hardscapes, walls, fencing and appurtenant facilities in public
right-of-ways and easements within the proposed boundary of the District.
E.14.b
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(b) Lighting
Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering
devices and appurtenant facilities as required to provide lighting in public right-of-ways and easements within the proposed boundaries of the District. A total of 5 streetlights are included in the boundaries of this development.
Zone 2 - Tract 14264 (a) Lighting
Poles, fixtures, bulbs, conduits, equipment, posts, pedestals, metering devices and appurtenant facilities as required to provide lighting in public right-of-ways and easements within the proposed boundaries of the District. A total of 7 streetlights are included in the boundaries of this
development.
Zone 3 - Tract 14471
(a) Landscaping
Landscaping, planting shrubbery, trees, and vines with Lot “A” of said Tract 14471, along with irrigation system for the improvements within Lot “A”.
(b) Lighting Poles, fixtures, conduits, equipment, posts, pedestals, metering devices and appurtenant facilities as required to provide lighting in public right-of-
ways and easements within the boundaries of the District. A total of 6
streetlights are maintained within the boundaries of this development. Zone 4 – Tract 17766
(a) Landscaping
Landscaping, planting, shrubbery, trees, turf, irrigation systems, monuments, hardscapes, walls, fencing and appurtenant facilities in public right-of-ways and easements within the proposed boundary of the District.
(b) Lighting Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering devices and appurtenant facilities as required to provide lighting in public
right-of-ways and easements within the proposed boundaries of the
E.14.b
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District. A total of 1 streetlight is included in the boundaries of this development.
Zone 5 – Tract 18793 (a) Landscaping
Landscaping, planting, shrubbery, trees, turf, irrigation systems, monuments, hardscapes, walls, fencing and appurtenant facilities in public right-of-ways and easements within the proposed boundary of the District.
(b) Lighting
Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering devices and appurtenant facilities as required to provide lighting in public right-of-ways and easements within the proposed boundaries of the
District. A total of 5 streetlights are included in the boundaries of this
development. Zone 6 – Tract 18071
(a) Landscaping
Landscaping, planting, shrubbery, trees, turf, irrigation systems, monuments, hardscapes, walls, fencing and appurtenant facilities in public right-of-ways and easements within the proposed boundary of the District.
Additionally,, the District will include the maintenance of a water quality basin, designed for storm water runoff purposes. (b) Lighting
Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering devices and appurtenant facilities as required to provide lighting in public right-of-ways and easements within the proposed boundaries of the District. A total of 4 streetlights are included in the boundaries of this
development.
E.14.b
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Zone 7 – Tract 18604
(a) Landscaping
Landscaping, planting, shrubbery, trees, turf, irrigation systems, monuments, hardscapes, walls, fencing and appurtenant facilities in public right-of-ways and easements within the proposed boundary of the District.
Additionally,, the District will include graffiti removal on the block wall along the east side of the Gage Canal within the western boundary of the tract, streetlights, and street trees along Tesoro Court and Van Buren Street. Lot: B” of said tract is designated as a retention basin and will be
maintained as a dual-purpose basin, for retaining water and for a small
playground. (b) Lighting
Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering
devices and appurtenant facilities as required to provide lighting in public right-of-ways and easements within the proposed boundaries of the District. A total of 3 streetlights are included in the boundaries of this development.
Section II. METHOD OF APPORTIONMENT
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, including the acquisition,
construction, installation, and servicing of street lighting improvements and related facilities. The 1972 Act requires that the cost of these improvements be levied according to benefit rather than assessed value: “The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount among all
assessable lots or parcels in proportion to the estimated benefits to be received by each
such lot or parcel from the improvements.”
The formulas used for calculating assessments reflect the composition of parcels within
the District (which are all residential properties) and the improvements and activities to be provided and have been designed to fairly apportion costs based on a determination of the proportional special benefits to each parcel within each Zone, consistent with the requirements of the 1972 Act and the provisions of Proposition 218 and Article XIII D of
the California Constitution (“Article XIID”). For each Zone within the District, each parcel
represents one (1) Equivalent Benefit Unit (“EBU”).
E.14.b
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The following formula is used to arrive at the levy amount for each parcel within
each Zone:
Levy per EBU (rate) x Parcel’s EBU = Parcel Levy Amount
Proposition 218 Benefit Analysis
The costs of the proposed improvements for Fiscal Year 2022/2023 have been identified and allocated to properties within the District based on special benefit. The improvements provided by this District and for which properties are assessed are public street lighting and landscaping improvements. These improvements generally were
installed in connection with the development of the properties within the District. Article
XIIID Section 2(d) defines District as follows:
“District means an area determined by an agency to contain all parcels which will
receive a special benefit from a proposed public improvement or property-related
service”;
Article XIIID Section 2(i) defines Special benefit as follows:
“Special benefit” means a particular and distinct benefit over, and above general
benefits conferred on real property located in the district or to the public at large.
General enhancement of property value does not constitute “special benefit.”
Article XIIID Section 4(a) defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will
have a special benefit conferred upon them and upon which an assessment will be
imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the
maintenance and operation expenses of a public improvement, or the cost of the
property related service being provided. No assessment shall be imposed on any parcel
which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.” Benefit Analysis
Special Benefit
The special benefits properties within the District will receive from the proposed improvements include, but are not limited to:
• Improved aesthetic appeal of nearby properties providing a positive representation of the area and properties.
Total Balance to Levy = Levy per EBU
Total EBU
E.14.b
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2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 10
• Enhanced adaptation of adequate green space, trees, and amenities
within the urban environment.
• Increased sense of pride in ownership of properties within the District resulting from their association with well-maintained improvements.
• Enhanced quality of life and working environment within the area that is promoted by well-maintained landscaped areas and amenities.
• Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities within public areas.
• Increased social opportunities and leisure activities for customer’s residents and families, provided by a well-maintained neighborhood destination place for relaxation, socializing, and entertainment that is within easy walking distance.
• Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise.
The preceding special benefits contribute to the overall aesthetic value and desirability
of each of the assessed parcels within the District and thereby provide a special enhancement to these properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the improvements would ultimately result in the deterioration of the improvements and facilities, which in turn could negatively impact
the properties within the District. As such, the annual costs of ensuring the ongoing
maintenance and operation of these improvements are considered a distinct and special benefit to the properties within the District and are therefore considered the financial obligation of those properties. The cost of any improvement or portion thereof that is considered to be of general benefit shall not be included as part of the special benefit
assessments allocated to properties within the District.
General Benefit In the absence of a special funding District, the City would typically provide only weed
abatement and erosion control services for landscaped areas. The cost to provide this baseline level of service is approximately $0.01 per square foot for landscape areas that require maintenance. Zone 1 – Tract 13364 has approximately 29,100 square feet of landscape space, Zone 2 – Tract 14264 has no landscaping area that the City maintains
and Zone 3 – Tract 14471 has approximately 9,045 square feet of landscape space,
Zone 4 – Tract 17766 has approximately 3,856 square feet of landscaped space, Zone 5 – Tract 18793 has approximately 4,668 square feet of landscaped space, Zone 6 – Tract 18071 has approximately 61,750 square feet of landscaped space, Zone 7 – Tract 18604 has approximately 3,239 square feet of landscaped space. The proposed
budgets for Fiscal Year 2022/2023 show the general benefit amount which will be
E.14.b
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2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 11
deducted from the cost of maintenance to arrive at a net special benefit assessment rate.
Assessment Methodology
This District was formed to establish and provide for the improvements that enhance the presentation of the surrounding properties and developments. These improvements will
directly benefit the parcels to be assessed within the District. The assessments and
method of apportionment is based on the premise that the assessments will be used to construct and install landscape and lighting improvements within the existing District as well as provide for the annual maintenance of those improvements, and the assessment revenues generated by District will be used solely for such purposes.
The costs of the proposed improvements have been identified and allocated to properties within the District based on special benefit. The improvements to be provided by this District and for which properties will be assessed have been identified as an essential component and local amenity that provides a direct reflection and extension of
the properties within the District which the property owners and residents have
expressed a high level of support. The method of apportionment (method of assessment) set forth in the Report is based on the premise that each assessed property receives special benefits from the
landscape and lighting improvements within the District, and the assessment obligation
for each parcel reflects that parcel’s proportional special benefits as compared to other properties that receive special benefits. To identify and determine the proportional special benefit to each parcel within the
District, it is necessary to consider the entire scope of the improvements provided as
well as the properties that benefit from those improvements. The improvements and the associated costs described in this Report, have been carefully reviewed and have been identified and allocated based on a benefit rationale and calculations that proportionally allocate the net cost of only those improvements determined to be of special benefit to
properties within the District.
Assessment Range Formula
Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased
assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (the Proposition 218 implementing legislation).
The purpose of establishing an assessment range formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly
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2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 12
noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, balloting of property owners is required pursuant to the
Article XIIID Section 4. The property owner ballots include an Assessment to be
approved, as well as the approval of an assessment range formula.
The assessment range formula for District assessments may be applied to future assessments within the District commencing with Fiscal Year 2018/2019 for Zone 4 – Tract 17766 and Zone 5 – Tract 18793, Fiscal Year 2019/2020 for Zone 6 – Tract 18071
and Fiscal Year 2020/2021 for Zone 7. Zone 1 – Tract 13364, Zone 2 – Tract 14264
and Zone 3 14471 does not have an increase in assessments. The following describes the assessment range formula:
The Maximum Assessment is equal to the initial Assessment approved by property owners adjusted annually by the percentage increase of the Local Consumer Price
Index (“CPI”) plus two percent (2%). As of January 2018, the Bureau of Labor Statistics
(the “BLS”) split the Los Angeles-Riverside-Orange County Area for all Urban Consumers to Los Angeles-Long Beach-Anaheim area and Riverside-San Bernardino-Ontario Area. Each fiscal year, the Maximum Assessment will be recalculated, and a new Maximum Assessment established. Currently, the District uses the Annual
Riverside-San Bernardino-Ontario CPI index to compute the CPI difference each year.
For Fiscal Year 2022/2023, the percentage difference is 5.7610%. Therefore, the Maximum Assessment will increase by 7.7610%.
The Maximum Assessment is adjusted annually and is calculated independent of the annual budgets and proposed assessments established for each Zone of the District.
Any proposed annual assessment (rate per EBU) less than or equal to this Maximum
Assessment (for each Zone) is not considered an increased assessment, even if the proposed assessment is much greater than the assessment applied in the prior fiscal year.
E.14.b
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2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 13
Section III. ESTIMATE OF IMPROVEMENT COSTS
In accordance with Streets and Highways Code Section 22660(a), the City Council has
determined that the estimated cost of certain proposed improvements, described in Section 22525, subdivisions (a) through (d), are greater than can conveniently be raised from a single assessment, and, as a result, shall be collected in installments and held in a reserve account. In particular, Zone 1, Zone 3, Zone 4, Zone 5, Zone 6, and Zone 7 requires trimming and pruning landscaping services that are proposed to be performed
every five years. The proposed assessment includes a budgeted amount for trimming and pruning to collect for these services. The following outlines the budget to fund the District improvements based on the improvements to be maintained and the associated incidental expenses for Fiscal Year
2022/2023, resulting in the proportional assessments calculated for each parcel that will be applied to the County Tax Rolls for Fiscal Year 2022/2023. The cost of maintaining improvements for Fiscal Year 2022/2023 are summarized as follows:
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2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 14
Zone 1 Tract 13364 – Canal
Budget Item Fiscal Year 2022/23 Current Assessment
Energy Costs – Street Lighting $597.60
Water Supply 2,716.32
Trimming and Removal* 1,102.00
Contract Maintenance 2,080.00
Legal 600.00
Engineering 600.00
Administrative Cost 1,000.00
Pruning Cycle Maintenance** 302.00
Annual Costs Total $8,997.92
General Benefit - Collection/(Contribution) (291.00)
General Fund - Collection/(Contribution) (3,060.32)
Balance to Levy $5,646.60
Fiscal Year 2022/23 Assessment per Parcel $282.3300
Fiscal Year 2022/23 Max Assessment per Parcel $282.3300
Fiscal Year 2021/22 Max Assessment per Parcel $282.3300
Number of Parcels (EBU) 20
* Trimming and removal were a onetime service, and the cost will be spread over the next five years. **Pruning services are performed every five years; the total cost of these services is spread over five years.
E.14.b
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2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 15
Zone 2 Tract 14264 – Forrest City Phase II
Budget Item Fiscal Year 2022/23 Current Assessment
Energy Costs – Street Lighting $697.00
Legal 600.00
Engineering 600.00
Administrative Cost 176.24
Annual Costs Total $2,073.24
General Benefit - Collection/(Contribution) 0.00
General Fund - Collection/(Contribution) (657.60)
Balance to Levy $1,415.64
Fiscal Year 2022/23 Assessment per Parcel $1,415.6400
Fiscal Year 2022/23 Max Assessment per Parcel $1,415.6400
Fiscal Year 2021/22 Max Assessment per Parcel $1,415.6400
Number of Parcels (EBU) 1
*Parcels under zone 2 receive no general benefit, because there is no landscaping.
E.14.b
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2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 16
Zone 3 Tract 14471 – Oriole
Budget Item Fiscal Year 2022/23 Current Assessment
Energy Costs – Street Lighting $498.00
Water Supply 488.41
Capital Reserve/Replacement Parts 371.16
Contract Maintenance 1,040.00
Legal 600.00
Engineering 600.00
Administrative Cost 1,296.03
Pruning Cycle Maintenance* 466.00
Annual Costs Total $5,359.60
General Benefit - Collection/(Contribution) (90.45)
General Fund - Collection/(Contribution) 0.00
Balance to Levy $5,269.15
Fiscal Year 2022/23 Assessment per Parcel $309.9500
Fiscal Year 2022/23 Max Assessment per Parcel $309.9500
Fiscal Year 2021/22 Max Assessment per Parcel $309.9500
Number of Parcels (EBU) 17
* Pruning services are performed every five years; the total cost of these services will be spread over five years.
E.14.b
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2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 17
Zone 4 Tract 17766 – Greenbriar
Budget Item Fiscal Year 2022/23 Current Assessment
Energy Costs – Street Lighting $120.00
Electrical Use for Irrigation 120.00
Water Supply 480.00
Trimming and Removal 640.00
Capital Reserve/Replacement Parts 5,839.25
Contract Maintenance 1,388.00
Legal 600.00
Engineering 600.00
Auditor Controller Charges 20.00
Administrative Cost 600.00
Annual Costs Total $10,407.25
General Benefit - Collection/(Contribution) (38.56)
HOA - Collection/(Contribution) (3,839.44)
General Fund - Collection/(Contribution) $0.00
Balance to Levy $6,529.25
Fiscal Year 2022/23 Assessment per Parcel $186.5500
Fiscal Year 2022/23 Max Assessment per Parcel $186.5575
Fiscal Year 2021/22 Max Assessment per Parcel $173.1215
Number of Parcels (EBU) 35
E.14.b
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2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 18
Zone 5 Tract 18793 – Palomino
Budget Item Fiscal Year 2022/23 Current Assessment
Energy Costs – Street Lighting $360.00
Perimeter Wall 850.00
Trimming and Removal 1,300.00
Capital Reserve/Replacement Parts 1,618.36
Contract Maintenance 1,120.00
Legal 600.00
Engineering 600.00
Auditor Controller Charges 20.00
Administrative Cost 600.00
Annual Costs Total $7,068.36
General Benefit - Collection/(Contribution) (46.68)
General Fund - Collection/(Contribution) 0.00
Balance to Levy $7,021.68
Fiscal Year 2022/23 Assessment per Parcel $585.1400
Fiscal Year 2022/23 Max Assessment per Parcel $585.1437
Fiscal Year 2021/22 Max Assessment per Parcel $543.0013
Number of Parcels (EBU) 12
E.14.b
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Zone 6 Tract 18071 – Jaden
Budget Item Fiscal Year 2022/23 Current Assessment
Street Lighting $672.00
Water 0.00
Bryce Court Pavement Sealing 786.00
Trimming & Pruning 390.00
Capital Reserve / Replacement Parts 10,488.46
Contract Maintenance 14,820.00
Legal 1,000.00
Engineering 850.00
Auditor Controller Charges 20.00
Publishing/Noticing, Misc. 200.00
Annual Costs Total $29,226.46
General Benefit - Collection/(Contribution) (617.50)
General Fund - Collection/(Contribution) 0.00
Balance to Levy $28,608.96
Fiscal Year 2022/23 Assessment per Parcel $1,682.8800
Fiscal Year 2022/23 Max Assessment per Parcel $1,682.8828
Fiscal Year 2021/22 Max Assessment per Parcel $1,561.6806
Number of Parcels (EBU) 17
E.14.b
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2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 20
Zone 7 Tract 18604 – Tesoro/Van Buren
Budget Item Fiscal Year 2022/23 Current Assessment
Street Lighting $360.00
Water 0.00
Perimeter Wall 600.00
Trimming & Pruning 1,430.00
Capital Reserve / Replacement Parts 1,120.24
Contract Maintenance 777.00
Legal 1,000.00
Engineering 850.00
Auditor Controller Charges 20.00
Publishing/Noticing, Misc. 200.00
Annual Costs Total $6,357.24
General Benefit - Collection/(Contribution) (32.39)
General Fund - Collection/(Contribution) 0.00
Balance to Levy $6,324.85
Fiscal Year 2022/23 Assessment per Parcel $372.0500
Fiscal Year 2022/23 Max Assessment per Parcel $372.0533
Fiscal Year 2021/22 Max Assessment per Parcel $345.2578
Number of Parcels (EBU) 17.00
Note: Total may not foot due to rounding.
The total approved assessment for Fiscal Year 2022/2023 is $60,816.13
E.14.b
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Section IV. ASSESSMENT DIAGRAMS
An Assessment Diagram for the District has been submitted to the Clerk of the City in the format required under the provision of the Act. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the
Assessor of the County of San Bernardino, for the year when this Report was prepared,
and are incorporated by reference herein and made part of this Report. The following pages show the boundaries of each of the Zones in the District.
E.14.b
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E.14.b
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E.14.b
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2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 24
CITY OF GRAND TERRACE LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 4
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2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 25
CITY OF GRAND TERRACE LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 5
E.14.b
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2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 26
CITY OF GRAND TERRACE LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
Zone 6
E.14.b
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2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 27
CITY OF GRAND TERRACE LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 7
E.14.b
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2022/2023 City of Grand Terrace - L&L AD No. 89-1 Page 28
Section V. ASSESSMENT ROLL
The description of each lot or parcel is part of the records of the Assessor of the County of San Bernardino and these records are, by reference, made part of this Report. The
proposed assessment and the amount of assessment for Fiscal Year 2022/2023 apportioned to each lot or parcel is shown below.
E.14.b
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E.14.c
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2021/2022 City of Grand Terrace - L&L AD No. 89-1 Page 23
E.14.c
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2021/2022 City of Grand Terrace - L&L AD No. 89-1 Page 24
CITY OF GRAND TERRACELANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 4
E.14.c
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2021/2022 City of Grand Terrace - L&L AD No. 89-1 Page 25
CITY OF GRAND TERRACELANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 5
E.14.c
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2021/2022 City of Grand Terrace - L&L AD No. 89-1 Page 26
CITY OF GRAND TERRACELANDSCAPE AND LIGHTING ASSESMENT DISTRICT
Zone 6
E.14.c
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2021/2022 City of Grand Terrace - L&L AD No. 89-1 Page 27
CITY OF GRAND TERRACELANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 7
E.14.c
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1 of 3 AGCY____
AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR
AGREEMENT FOR COLLECTION OF SPECIAL
TAXES, FEES, AND ASSESSMENTS
FISCAL YEAR 2022-23
THIS AGREEMENT is made and entered into this _____ day of _________________, 2022,
by and between the COUNTY OF SAN BERNARDINO, hereinafter referred to as “County” and
the_______________________________, hereinafter referred to as “City”.
WITNESSETH:
WHEREAS, Government Code Sections 29304 and 51800 authorize the County to
recoup its collection costs when the County collects taxes, fees, or assessments for any city,
school district, special district, zone or improvement district thereof; and
WHEREAS, the City and County have determined that it is in the public interest that
the County, when requested by City, collect on the County tax rolls the special taxes, fees, and
assessments for City.
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
1. County agrees, when requested by City as hereinafter provided to collect on the
County tax rolls the special taxes, fees, and assessments of City, and of each zone or
improvement district thereof.
2. When County is to collect City’s special taxes, fees, and assessments, City
agrees to notify in writing the Auditor-Controller (268 W. Hospitality Lane, 4TH floor, San
Bernardino, CA 92415) of the County on or before the 10th day of August of each fiscal year
of the Assessor’s parcel numbers and the amount of each special tax, fee, or assessment to
be so collected. Any such notice, in order to be effective, must be received by the Auditor-
Controller by said date.
3. County may charge City an amount per parcel for each special tax, fee, or
assessment that is to be collected on the County tax rolls by the County for the City, not to
exceed County’s actual cost of collection.
4. City warrants that the taxes, fees, or assessments imposed by City and
collected pursuant to this Agreement comply with all requirements of state law, including but
not limited to, Articles XIIIC and XIIID of the California Constitution (Proposition 218).
5. City hereby releases and forever discharges County and its officers, agents,
and employees from any and all claims, demands, liabilities, costs and expenses, damages,
causes of action, and judgments, in any manner arising out of City’s responsibility under this
E.14.d
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2 of 3 AGCY____
agreement, or other action taken by City in establishing a special tax, fee, or assessment and
implementing collection of special taxes, fees or assessments as contemplated in this
agreement.
6. The County Auditor-Controller has not determined the validity of the taxes or
assessments to be collected pursuant to this contract, and the undersigned City hereby
assumes any and all responsibility for making such a determination. The undersigned City
agrees to indemnify, defend, and hold harmless the County and its authorized officers,
employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or
liability arising out of this contract or the imposition of the taxes or assessments collected
pursuant to this contract, and for any costs or expenses incurred by the County on account of
any claim therefore, except where such indemnification is prohibited by law. If any judgment
is entered against County or any other indemnified party as a result of action taken to
implement this Agreement, City agrees that County may offset the amount of any judgment
paid by County or by any indemnified party from any monies collected by County on City’s
behalf, including property taxes, special taxes, fees, or assessments. County may, but is not
required to, notify City of its intent to implement any offset authorized by this paragraph.
7. City agrees that its officers, agents and employees will cooperate with County
by answering inquiries made to City by any person concerning City’s special tax, fee, or
assessment, and City agrees that is officers, agents, and employees will not refer such
individuals making inquiries to County officers or employees for response.
8. City shall not assign or transfer this agreement or any interest herein and any
such assignment or transfer or attempted assignment or transfer of this agreement or any
interest herein by City shall be void and shall immediately and automatically terminate this
agreement
9. This agreement shall be effective for the 2022-23 fiscal year.
10. Either party may terminate this agreement for any reason upon 30 days written
notice to the other party. The County Auditor-Controller shall have the right to exercise
County’s right and authority under this contract including the right to terminate the contract.
11. County’s waiver of breach of any one term, covenant, or other provision of this
agreement, is not a waiver of breach of any other term, nor subsequent breach of the term or
provision waived.
12. Each person signing this agreement represents and warrants that he or she has
been fully authorized to do so.
E.14.d
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3 of 3 AGCY____
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the
day and year first above written.
City: _______________________________
By: _______________________________
Printed Name: _______________________________
Title: _______________________________
Date: _______________________________
ENSEN MASON CPA, CFA,
AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR
SAN BERNARDINO COUNTY
By Authorized Deputy: _______________________________
Printed Name: Linda Santillano__________________
Title: Chief Deputy, Property Tax_________
Date: _______________________________
E.14.d
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1 of 3 AGCY____
AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR
AGREEMENT FOR COLLECTION OF SPECIAL
TAXES, FEES, AND ASSESSMENTS
FISCAL YEAR 2022-23
THIS AGREEMENT is made and entered into this _____ day of _________________, 2022,
by and between the COUNTY OF SAN BERNARDINO, hereinafter referred to as “County”
and the_______________________________, hereinafter referred to as “District”.
WITNESSETH:
WHEREAS, Government Code Sections 29304 and 51800 authorize the County to
recoup its collection costs when the County collects taxes, fees, or assessments for any city,
school district, special district, zone or improvement district thereof; and
WHEREAS, the District and County have determined that it is in the public interest that
the County, when requested by District, collect on the County tax rolls the special taxes, fees,
and assessments for District.
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
1. County agrees, when requested by District as hereinafter provided to collect on
the County tax rolls the special taxes, fees, and assessments of District, and of each zone or
improvement District thereof.
2. When County is to collect District’s special taxes, fees, and assessments,
District agrees to notify in writing the Auditor-Controller (268 W. Hospitality Lane, 4TH floor,
San Bernardino, CA 92415) of the County on or before the 10th day of August of each fiscal
year of the Assessor’s parcel numbers and the amount of each special tax, fee, or assessment
to be so collected. Any such notice, in order to be effective, must be received by the Auditor-
Controller by said date.
3. County may charge District an amount per parcel for each special tax, fee, or
assessment that is to be collected on the County tax rolls by the County for the District, not to
exceed County’s actual cost of collection.
4. District warrants that the taxes, fees, or assessments imposed by District and
collected pursuant to this Agreement comply with all requirements of state law, including but
not limited to, Articles XIIIC and XIIID of the California Constitution (Proposition 218).
5. District hereby releases and forever discharges County and its officers, agents,
and employees from any and all claims, demands, liabilities, costs and expenses, damages,
causes of action, and judgments, in any manner arising out of District’s responsibility under
E.14.e
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2 of 3 AGCY____
this agreement, or other action taken by District in establishing a special tax, fee, or
assessment and implementing collection of special taxes, fees or assessments as
contemplated in this agreement.
6. The County Auditor-Controller has not determined the validity of the taxes or
assessments to be collected pursuant to this contract, and the undersigned District hereby
assumes any and all responsibility for making such a determination. The undersigned District
agrees to indemnify, defend, and hold harmless the County and its authorized officers,
employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or
liability arising out of this contract or the imposition of the taxes or assessments collected
pursuant to this contract, and for any costs or expenses incurred by the County on account of
any claim therefore, except where such indemnification is prohibited by law. If any judgment
is entered against County or any other indemnified party as a result of action taken to
implement this Agreement, District agrees that County may offset the amount of any judgment
paid by County or by any indemnified party from any monies collected by County on District’s
behalf, including property taxes, special taxes, fees, or assessments. County may, but is not
required to, notify District of its intent to implement any offset authorized by this paragraph.
7. District agrees that its officers, agents and employees will cooperate with
County by answering inquiries made to District by any person concerning District’s special
tax, fee, or assessment, and District agrees that its officers, agents, and employees will not
refer such individuals making inquiries to County officers or employees for response.
8. District shall not assign or transfer this agreement or any interest herein and
any such assignment or transfer or attempted assignment or transfer of this agreement or any
interest herein by District shall be void and shall immediately and automatically terminate this
agreement
9. This agreement shall be effective for the 2022-23 fiscal year.
10. Either party may terminate this agreement for any reason upon 30 days written
notice to the other party. The County Auditor-Controller shall have the right to exercise
County’s right and authority under this contract including the right to terminate the contract.
11. County’s waiver of breach of any one term, covenant, or other provision of this
agreement, is not a waiver of breach of any other term, nor subsequent breach of the term or
provision waived.
12. Each person signing this agreement represents and warrants that he or she
has been fully authorized to do so.
E.14.e
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3 of 3 AGCY____
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the
day and year first above written.
District: _______________________________
By: _______________________________
Printed Name: _______________________________
Title: _______________________________
Date: _______________________________
ENSEN MASON CPA, CFA,
AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR
SAN BERNARDINO COUNTY
By Authorized Deputy: _______________________________
Printed Name: Linda Santillano__________________
Title: Chief Deputy, Property Tax _________
Date: _______________________________
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RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972, INITIATING PROCEEDINGS TO LEVY ANNUAL ASSESSMENTS FOR THE 2022-2023 FISCAL YEAR FOR THE CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH ARTICLE
IV OF CHAPTER 1 OF SAID ACT
WHEREAS, the City Council has, by previous Resolutions, formed the City of Grand Terrace LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 (hereafter referred to as “District”) pursuant to the provisions of the Landscaping and Lighting Act of
1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning
with Section 22500 (hereafter referred to as the “Act”), in which annual assessments have been levied and collected in past fiscal years; and
WHEREAS, said Act requires that proceedings for the levy of assessments shall be initiated by resolution describing any proposed new improvements or any substantial
changes in existing improvements in accordance with Chapter 3 (commencing with
Section 22620) of Part 2 of Division 15 of the Streets and Highway Code of the State of California, and ordering the engineer to prepare and file a report in accordance with Article 4 of Chapter 1 of said Act.
WHEREAS, the CITY COUNCIL of the CITY OF GRAND TERRACE, CALIFORNIA,
desires to initiate proceedings for the annual levy of assessments for the District pursuant
to the terms and provisions of the "Landscaping and Street Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California.
WHEREAS, the proceedings for the annual levy of assessments shall relate to the fiscal year commencing July 1, 2022, and ending June 30, 2023; and,
WHEREAS, the provisions of said Division 15, Part 2 require a written "Report," consisting
of the following:
1. Plans and specifications of the area of the works of improvement to be maintained;
2. An estimate of the costs for maintaining the improvements for the above referenced fiscal year;
3. A diagram of the area proposed to be assessed;
4. An assessment of the estimated costs for maintenance work for said fiscal year.
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand Terrace does hereby resolve, determine and order as follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the proposed maintenance work within the area proposed to be
assessed shall be for certain street lighting and landscaping improvements, as said maintenance work is set forth in the "Report" to be presented to this City Council for consideration.
SECTION 3. That Shanita Tillman, Management Analyst, or his designee, is hereby
ordered to prepare and file with this City Council, a "Report" relating to said annual
assessment and levy in accordance with the provisions of Article IV, commencing with Section 22565 of Chapter 1 of the Streets and Highways Code of the State of California.
SECTION 4. That upon completion, said "Report" shall be filed with the City Clerk, who shall then submit the same to this City Council for its consideration pursuant to Sections
22623 and 22624 of said Streets and Highways Code.
PASSED, APPROVED AND ADOPTED this 12th day of July, 2022, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
__________________________ __________________________
Debra L. Thomas Darcy McNaboe City Clerk Mayor
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I, __________________, City Clerk of the CITY OF GRAND TERRACE,
CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution
No. 2022- ________ was duly passed, approved and adopted by the City Council,
approved and signed by the Mayor, and attested by the City Clerk, all at the regular
meeting of said City Council held on the 24th day of May, 2022, and that the same was
passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
EXECUTED this 24th day of May, 2022, at Grand Terrace, California.
_________________________________
Debra L. Thomas
City Clerk for the City of Grand Terrace
[SEAL]
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