03/28/2023CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● MARCH 28, 2023
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: 847 7069 8183
Password: 568486
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) 954-5207 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) 954-5207,
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) 954-5207 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 [28 CFR
34.102.104 ADA Title II].
Agenda Grand Terrace City Council March 28, 2023
City of Grand Terrace Page 2
CALL TO ORDER
Convene City Council
Invocation
Pledge of Allegiance
AB 2449 Disclosures
Remote participation by a member of the legislative body for just cause or emergency
circumstances.
Roll Call
Attendee Name Present Absent Late Arrived
Mayor Bill Hussey
Mayor Pro Tem Doug Wilson
Council Member Sylvia Rodriguez-Robles
Council Member Jeff Allen
Council Member Kenneth J. Henderson
City Manager Konrad Bolowich
City Attorney Adrian Guerra
City Clerk Debra Thomas
Finance Director Christine Clayton
A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
B. SPECIAL PRESENTATIONS
April 2023, Child Abuse Prevention Month Proclamation
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
Agenda Grand Terrace City Council March 28, 2023
City of Grand Terrace Page 3
2. Approval of Minutes – Regular Meeting – 03/14/2023
DEPARTMENT: CITY CLERK
3. Approval of Minutes – Special Meeting Workshop – 03/14/2023
DEPARTMENT: CITY CLERK
4. Approval of the February-2023 Check Register in the Amount of $415,795.35
RECOMMENDATION:
Approve the Check Register No. 02282023 in the amount of $415,795.35 as submitted,
for the month ending February 28, 2023.
DEPARTMENT: FINANCE
5. Community Benefit Fund Grant Award to the Grand Terrace Living Word Foursquare
Church in the Amount of $2,000.00
RECOMMENDATION:
Approve the Community Benefit Fund grant application in the amount of $2,000 to the
Grand Terrace Living Word Foursquare Church for a community Easter egg hunt on
Saturday, April 8th, 2023 at Richard Rollins Park.
DEPARTMENT: FINANCE
6. Approval of Professional Services Agreements for Interim Code Enforcement and On-
Call Code Enforcement Services
RECOMMENDATION:
1. Approve a Professional Services Agreement for Interim Code Enforcement Services
with Willdan Engineering;
2. Approve Professional Services Agreements with Willdan Engineering for On-Call
Code Enforcement Services;
3. Authorize the Mayor to Execute All Approved Agreements Subject to City Attorney
Approval As to Form.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
7. Approval of Additional National Opioid Settlements with Teva, Allergan, Walmart,
Walgreens, and CVS
RECOMMENDATION:
1. Approve Settlement Agreements and Participation Forms for
the City’s participation in the National Opioid Settlement
Agreements with Teva, Allergan, Walmart, Walgreens, and
CVS.
2. Approve the California State-Subdivision Agreements
Regarding Distribution and Use of Settlement Funds relating
to the National Opioid Settlement Agreements with Teva,
Allergan, Walmart, Walgreens, and CVS.
Agenda Grand Terrace City Council March 28, 2023
City of Grand Terrace Page 4
3. Adopt a Resolution approving and authorizing the City Manager to carry out all
necessary acts such that the City can participate in the National Opioid Settlements with Teva,
Allergan, Walmart, Walgreens, and CVS, including signing necessary documents and transmittal
thereof as necessary.
DEPARTMENT: CITY MANAGER
8. Approval of Amendment to the Agreement Between the City of Grand Terrace and St.
Francis Electric to Increase the Compensation of the St. Francis Electric Agreement
RECOMMENDATION:
1. Approve Amendment No. 1 to the Agreement for Traffic Signal Maintenance and
On-Call Services with St. Francis Electric (dated May 24, 2022) to remove the
annual limitation of $20,000;
2. Authorize the Mayor to execute the above-mentioned amendments subject to the
City Attorney’s approval as to form.
DEPARTMENT: PUBLIC WORKS
9. Fund Appropriation for Replacement of Gasoline Powered Senior Bus
RECOMMENDATION:
Appropriation of AQMD funds (Fund 15) in the amount of $11,000, the appropriation of
$107,000.00 is needed from the General Fund account 65-425-700-001-000 to fund the
remaining balance of the electric bus that is not covered by the VW Environmental
Mitigation Trust Grant or AQMD.
DEPARTMENT: PUBLIC WORKS
10. Second Reading and Adoption of an Ordinance of the City Council of Grand Terrace,
California, Amending Title 18 of the Grand Terrace Municipal Code, Establishing
Objective Design Standards for Multi-Family Housing and Mixed Use Developments
RECOMMENDATION:
1. Direct the City Attorney to Read the title of the Ordinance, waive further reading,
and adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, STATE OF CALIFORNIA, FINDING ZONING CODE AMENDMENT 22-03
IS EXEMPT FROM CEQA PURSUANT TO SECTION 15061(B)(3) AND AMENDING
TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE BY ADDING CHAPTER
18.64 ESTABLISHING OBJECTIVE DESIGN STANDARD REQUIREMENTS
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
11. Award of Contract for the Capital Improvement Project (CIP 2023-1)
RECOMMENDATION:
Staff recommends that the City Council take the following actions:
1. Adopt a resolution of the City Council of the City of Grand Terrace of the County
Agenda Grand Terrace City Council March 28, 2023
City of Grand Terrace Page 5
of San Bernardino, State of California, adopting the revision to Fiscal Year 2022-
23 of Five-Year Capital Improvement Plan (CIP) for Fiscal Years 2022-23
through 2026-27
2. Find that the Capital Improvement Project (CIP 2023-1) 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.
3. Award the Capital Improvement Project (CIP 2023-1) to Hardy & Harper, Inc. on
the Base Bid and approve the public works agreement with Hardy & Harper, Inc,
in the amount of $1,780,000, plus a 10% contingency ($178,000) for the
construction of the Capital Improvement Project (CIP 2023-1) and authorize the
City Manager to execute the agreement subject to City Attorney approval as to
form;
4. Award a contract to Willdan for Inspection Services for Capital Improvement
Project (CIP 2023-1) 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.
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 - NONE
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS
12. Approve Agreement with Martin Lucio (CSLB# 1031403) for Construction of a New
Trash Enclosure at Veterans Freedom Park
Agenda Grand Terrace City Council March 28, 2023
City of Grand Terrace Page 6
RECOMMENDATION:
1. Approve Agreement with Martin Lucio (CSLB# 1031403) for Construction of a
New Trash Enclosure at Veterans Freedom Park in the amount of $33,000 with a
10% Contingency ($3,300).
2. Authorize the City Manager to execute the Agreement subject to City Attorney
approval as to form.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE
I. CITY COUNCIL COMMUNICATIONS
Council Member Kenneth J. Henderson
Council Member Jeff Allen
Council Member Sylvia Robles
Mayor Pro Tempore Doug Wilson
Mayor Bill Hussey
J. CITY MANAGER COMMUNICATIONS
K. CLOSED SESSION - NONE
L. ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, April 11, 2023 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 ● MARCH 14, 2023
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Mayor Bill Hussey convened the Regular Meeting of the City Council for Tuesday,
March 14, 2023, at 6:00 p.m.
Invocation
The Invocation was led by Pastor Jeff Whye of Sandals Church.
Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Jeff Allen.
AB 2449 Disclosures
None.
Attendee Name Title Status Arrived
Bill Hussey Mayor Present
Doug Wilson Mayor Pro Tem Absent
Sylvia Rodriguez-Robles Council Member Present
Jeff Allen Council Member Present
Kenneth J. Henderson Council Member Present
Konrad Bolowich City Manager Present
Adrian Guerra City Attorney Present
Debra Thomas City Clerk Present
Christine Clayton Finance Director Absent
A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
Konrad Bolowich, City Manager announced that Agenda Item No. 6, Amendment No. 5
to Burrtec Agreement Regarding Addition of SB 1383 Services and Agenda Item No. 8.
Approve Agreement with Martin Lucio (CSLB# 1031403) for Construction of New Trash
Enclosure at Veterans Freedom Park were being removed from the agenda.
B. SPECIAL PRESENTATIONS - NONE
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Minutes Grand Terrace City Council March 14, 2023
City of Grand Terrace Page 2
C. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Rodriguez-Robles, Council Member
SECONDER: Kenneth J. Henderson, Council Member
AYES: Bill Hussey, Sylvia Rodriguez-Robles, Jeff Allen, Kenneth J. Henderson
ABSENT: Doug Wilson
1. Waive Full Reading of Ordinances on Agenda
2. Approval of Minutes – Regular Meeting – 02/14/2023
APPROVE THE REGULAR MEETING MINUTES OF FEBRUARY 14, 2023
3. Approval of Minutes – Regular Meeting – 02/28/2023
APPROVE THE REGULAR MEETING MINUTES OF FEBRUARY 28, 2023
4. January 19, 2023 Planning Commission, and December 5, 2022 and February 6, 2023
Historical & Cultural Activities Committee Meeting Minutes Update
RECEIVE AND FILE.
5. The Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A1
THAT THE CITY COUNCIL APPROVES A RESOLUTION REQUESTED BY CAL
CITIES OPPOSING THE TAXPAYER PROTECTION AND GOVERNMENT
ACCOUNTABILITY ACT INITIATIVE NO. 21-0042A1 AND SENDS THE ADOPTED
RESOLUTION TO BALLOTMEASURES@CALCITIES.ORG.
D. PUBLIC COMMENT
Diane Galvez-Parker, Grand Terrace expressed her concern with the sale of Vista Blue
Mountain Assisted Living and the removal of the current residents.
E. PUBLIC HEARINGS
6. Objective Design Standards for Multi-Family Housing and Mixed Use Developments
Konrad Bolowich, City Manager gave the staff report for this agenda item.
Mayor Hussey opened the public hearing at 6:15 p.m.
PUBLIC COMMENT
None.
Mayor Hussey closed the public hearing at 6:15 p.m.
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Minutes Grand Terrace City Council March 14, 2023
City of Grand Terrace Page 3
1. CONDUCT A PUBLIC HEARING, AND
2. DIRECT THE CITY ATTORNEY TO READ THE TITLE OF THE ORDINANCE,
WAIVE FURTHER READING, AND INTRODUCE AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA,
FINDING ZONING CODE AMENDMENT 22-03 IS EXEMPT FROM CEQA
PURSUANT TO SECTION 15061(B)(3) AND AMENDING TITLE 18 OF THE
GRAND TERRACE MUNICIPAL CODE BY ADDING CHAPTER 18.64
ESTABLISHING OBJECTIVE DESIGN STANDARD REQUIREMENTS
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Kenneth J. Henderson, Council Member
AYES: Bill Hussey, Sylvia Rodriguez-Robles, Jeff Allen, Kenneth J. Henderson
ABSENT: Doug Wilson
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS
7. Presentation Regarding General Law Versus Charter Cities
Adrian Guerra, City Attorney gave the staff report and PowerPoint presentation for this
item.
RECEIVE AND FILE REPORT OR PROVIDE OTHER DIRECTION
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Kenneth J. Henderson, Council Member
AYES: Bill Hussey, Sylvia Rodriguez-Robles, Jeff Allen, Kenneth J. Henderson
ABSENT: Doug Wilson
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE
I. CITY COUNCIL COMMUNICATIONS
Council Member Kenneth J. Henderson
Council Member Henderson commented on his daily walks and the resident concerns
that have been conveyed to him regarding the Vista Blue Mountain Assisted Living
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Minutes Grand Terrace City Council March 14, 2023
City of Grand Terrace Page 4
purchase. He recommended that those concerned work with the City Manager and
Mayor’s office to secure verifiable information.
Council Member Jeff Allen
On Wednesday, March 8, 2023, Council Member Allen attended the Grand Terrace
Chamber of Commerce meeting which is held every second Wednesday at 8:00 a.m.
each month. Discussion ensued on the Grand Terrace business climate.
Council Member Sylvia Robles
Council Member Robles commented on board meetings and events that she attended.
Click here for report.
Mayor Bill Hussey
Mayor Hussey commented on board meetings and events that he attended. Click here
for report.
J. CITY MANAGER COMMUNICATIONS
City Manager Bolowich commented on:
• Over 500 people participated in the annual Blue Mountain Trail Hike
• Public outreach by the City Manager and Mayor to all the local businesses
K. RECESS TO CLOSED SESSION
Mayor Hussey recessed the regular meeting of the City Council to closed session at
7:00 p.m.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant
exposure to litigation pursuant to Government Code Section 54956.9(b)
Number of Cases: One (1)
RECONVENE TO OPEN SESSION
Mayor Hussey reconvened the regular meeting of the City Council from closed session
at 7:14 p.m.
REPORT OUT OF CLOSED SESSION
Mayor Hussey announced there was no reportable action; however, direction was
provided to staff.
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Minutes Grand Terrace City Council March 14, 2023
City of Grand Terrace Page 5
L. ADJOURN
Mayor Hussey adjourned the regular meeting of the City Council at 7:25 p.m. The Next
Regular City Council meeting will be held on Tuesday, March 28, 2023, at 6:00 p.m.
_________________________________
Bill Hussey, Mayor
_________________________________
Debra L. Thomas, City Clerk
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CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● MARCH 14, 2023
Council Chambers Special Meeting Workshop 4:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Mayor Bill Hussey convened the Special Meeting Workshop of the City Council for
Tuesday, March 14, 2023, at 4:00 p.m.
Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Hussey.
Attendee Name Title Status Arrived
Bill Hussey Mayor Present
Doug Wilson Mayor Pro Tem Absent
Sylvia Rodriguez-Robles Council Member Present
Jeff Allen Council Member Present
Kenneth J. Henderson Council Member Present
Konrad Bolowich City Manager Present
Adrian Guerra City Attorney Present
Debra Thomas City Clerk Present
Christine Clayton Finance Director Absent
A. NEW BUSINESS
1. OBJECTIVE DESIGN STANDARDS COMMUNITY WORKSHOP
A public workshop to review proposed Objective Design Standards for the City of Grand
Terrace.
Konrad Bolowich, City Manager gave the staff report and PowerPoint presentation for
this item.
RECOMMENDATION: Receive and File
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kenneth J. Henderson, Council Member
SECONDER: Jeff Allen, Council Member
AYES: Bill Hussey, Sylvia Rodriguez-Robles, Jeff Allen, Kenneth J. Henderson
ABSENT: Doug Wilson
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Minutes Grand Terrace City Council March 14, 2023
City of Grand Terrace Page 2
B. PUBLIC COMMENT
Don Larkin, Grand Terrace supported the Objective Design Standards however
suggested that the requirements include increased security on new developments.
Cindy Bidney, Grand Terrace opposes the Objective Design Standards but suggested
that the setbacks be increased.
Bobbie Forbes, Grand Terrace opposes the Objective Design Standards as she is
concerned with privacy and security.
ADJOURN
Mayor Hussey adjourned the Special Meeting Workshop of the City Council at 5:40 p.m.
The Next Regular City Council Meeting will be held on Tuesday, March 14, 2023, at
6:00 p.m.
_________________________________
Bill Hussey, Mayor
_________________________________
Debra L. Thomas, City Clerk
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AGENDA REPORT
MEETING DATE: March 28, 2023 Council Item
TITLE: Approval of the February-2023 Check Register in the
Amount of $415,795.35
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: Approve the Check Register No. 02282023 in the amount of
$415,795.35 as submitted, for the month ending February
28, 2023.
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 February-2023 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 February-2023.
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 $415,795.35 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 February-2023.
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Payments larger than $10,000:
Check
No. Payee Description Amount
79810 JONESCAPE INC
2ND PROGRESS PYMT –
DEVELOPMENT OF WALKING PATH
GRIFFIN PARK
$17,517.00
79823 RIVERSIDE HIGHLAND WATER DEC & JAN WATER USAGE $11,950.19
79855 NATA CONSTRUCTION INC BLEACHERS FOR VETERAN’S
FREEDOM PARK $16,000
79861 SB COUNTY SHERIFF FEB 2023 LAW ENFORCEMENT
SVCS & Q1 MOU INCREASE $205,677.00
1985887 SO CAL EDISON JAN 2022 ENERGY USAGE $14,058.30
17059030 CA PUB EMPLOYEES RETIRE FEB 2023 PERS HEALTH
INSURANCE $21,584.42
47701972 US BANK JAN-FEB 2023 CAL CARD CHARGES $11,478.55
TOTAL PAYMENTS LARGER THAN $10,000 $298,265.46
PAYROLL
Payroll costs for the month:
Pay Per. Period Start Period End Pay Date Amount
FEB-23
16 From 01/21/2023 to 02/03/2023 02/09/2023 $55,038.80
17 From 02/04/2023 to 02/17/2023 02/23/2023 $54,276.99
$109,315.79
FISCAL IMPACT:
All disbursements (including payroll) were made in accordance with the Approved
Budget for Fiscal Year 2022-23 in the amount of:
Description Amount
FEB-23
Check Register $415,795.35
Payroll $109,315.79
$525,111.14
ATTACHMENTS:
• FY2022-23 Check Register Account Index 01122023 (PDF)
• Feb Check Register (PDF)
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APPROVALS:
Christine Clayton Completed 03/08/2023 2:39 PM
Finance Completed 03/08/2023 2:39 PM
City Manager Completed 03/09/2023 10:26 AM
City Council Pending 03/28/2023 6:00 PM
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CITY OF GRAND TERRACE
FY2022-23
GRAND TERRACE CIVIC CENTER
22795 BARTON ROAD GRAND TERRACE, CA 92313
CHECK REGISTER
Account Index
Bill Hussey, Mayor
Doug Wilson, Mayor Pro Tem
Sylvia Robles, 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.
City of Grand Terrace Check Register Index
Kenneth Henderson, Council Member
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Fund Dept Acct
No.Fund Name No.Department Cost Center 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
C.4.a
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CITY OF GRAND TERRACE
FY2022-23
GRAND TERRACE CIVIC CENTER
22795 BARTON ROAD GRAND TERRACE, CA 92313
MONTHLY CHECK REGISTER For the
Period Ending February 28, 2023
Bill Hussey, Mayor
Doug Wilson, Mayor Pro Tem
Sylvia Robles, Council Member
Jeff Allen, Council Member
Kenneth Henderson, Council Member
The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6:00 pm.
C.4.b
Packet Pg. 19
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Invoice #
REAL PROPERTY
CODE ENFORCEMENT
SUNNY DAYS LLC
B 10-015-61-00 134.00
134.00
8,135.57
E 10-160-250-100-000 181.00
181.00
73333 DEC 2022 LEGAL SERVICES - 01/27/2023
E 10-160-250-000-000 624.00
624.00
73329 DEC 2022 LEGAL SERVICES - LITIGATION 01/27/2023
E 10-160-250-000-000 983.50
983.50
73331 DEC 2022 LEGAL SERVICES - 01/27/2023
E 10-160-250-000-000 1,575.00
1,575.00
73332 DEC 2022 LEGAL SERVICES - CITY 01/27/2023
01/27/2023
E 10-160-250-000-000 4,638.07
4,638.07
73330 DEC 2022 LEGAL SERVICES - PLANNING 01/27/2023
Vendor Invoice Description Inv. Date Amount Paid Check Total
79792 02/09/2023 ALESHIRE AND WYNDER LLP 73328 DEC 2022 LEGAL SERVICES - GENERAL
Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
C.4.b
Packet Pg. 20
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Invoice #Vendor Invoice Description Inv. Date Amount Paid Check Total
Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
COUNCIL & PLANNING COMMISSION
ROLLINS PARK SHLTR B 2/5/2023 12-4PM
(5) YARD SALE SIGNS
B 23-515-22-00 50.00
50.00
50.00
B 23-515-22-00 50.00
50.00
50.00
79796 02/09/2023 CARLOS CARRANZA 02072023 REFUND YARD SALE SIGN DEPOSIT FOR 02/07/2023
E 67-380-250-000-000 820.00
820.00
820.00
79795 02/09/2023 RAYCHEL BORQUEZ 02062023 REFUND PARK DEPOSIT FOR RICHARD 02/06/2023
79794 02/09/2023 BENSON PRODUCTIONS 1593 JAN 2023 - AUDIO/VISUAL SVCS FOR CITY 01/31/2023
E 10-450-245-000-000 MTRLS & SUPPLIES 236.48
E 65-425-235-000-000 MTRLS & SUPPLIES 95.50
2,773.24
2,773.24
E 10-175-235-000-000 MTRLS & SUPPLIES 215.50
E 10-185-220-000-000 MTRLS & SUPPLIES 60.88
E 10-190-235-000-000 JAN PHONE BILL 1,289.29
E 10-140-270-000-000 TRAINING 100.00
E 10-172-210-000-000 OFFICE SUPPLIES 61.49
E 10-175-210-000-000 OFFICE SUPPLIES 59.62
E 10-120-210-000-000 OFFICE SUPPLIES 77.56
E 10-125-210-000-000 OFFICE SUPPLIES 40.92
E 10-140-241-000-000 MTRLS & SUPPLIES 536.00
79793 02/09/2023 ARROWHEAD CREDIT UNION JAN2023 VISA JAN-FEB 2023 VISA CHARGES 02/02/2023
C.4.b
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Invoice #Vendor Invoice Description Inv. Date Amount Paid Check Total
Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
ODS AMENDMENT
MUNICIPAL CODE
(4) SHIRTS FOR MAINTENANCE
MAIN ST AND MICHIGAN ST
ROLLINS PARK SHLTR B 01/27/23 1:30-5:30PM
B 23-515-22-00 50.00
50.00
50.00
B 10-022-71-00 82.29
82.29
82.29
79802 02/09/2023 DIANA FONSECA 02012023 REFUND PARK DEPOSIT FOR RICHARD 02/01/2023
E 10-195-245-000-000 747.81
747.81
747.81
79801 02/09/2023 EYEMED FIDELITY SECURITY LIFE 165631378 FEB 2023 EMPLOYEE PAID VISION INSURANCE 01/21/2023
E 10-175-218-000-000 51.72
51.72
51.72
79800 02/09/2023 COUNTY OF RIVERSIDE TLMA ADM TL0000016676 DEC 2022 TRAFFIC SIGNAL MONITORING AT 01/24/2023
E 10-125-250-000-000 3,760.20
3,760.20
3,760.20
79799 02/09/2023 COMPUTERIZED EMBROIDERY CO INC 50998 EMBROIDERY OF CITY LOGO ON 02/01/2023
E 10-175-230-000-000 149.85
149.85
538.35
79798 02/09/2023 CIVIC PLUS 253393 JAN 2023 - ONLINE HOSTING OF 01/13/2023
E 10-370-230-000-000 388.50
388.50
1339 GT 02.02.2023 PUBLIC HEARING CDBG GRANT 01/31/2023
79797 02/09/2023 CITY NEWSPAPER GROUP 1293 GT 02.02.2023 NOTICE OF PUBLIC HEARING 01/27/2023
C.4.b
Packet Pg. 22
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Invoice #Vendor Invoice Description Inv. Date Amount Paid Check Total
Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
(5) YARD SALE SIGNS
PROCESSING FEES
REIMBURSEMENT FOR L. HOLTZEN
44095
STREET BARRICADES
E 10-450-245-000-000 91.73
117.96
244.88
E 10-195-245-000-000 126.92
126.92
SUPPLIES FOR CITY HALL AND 01/12/2023
E 10-195-245-000-000 26.23
E 10-185-272-000-000 83.75
83.75
83.75
79807 02/09/2023 HOME DEPOT CREDIT SERVICE 9624602 SUPPLIES FOR CITY HALL 01/03/2023
E 10-140-250-000-000 240.00
240.00
240.00
79806 02/09/2023 LEILA HOLTZEN 02072023 MILEREIM-LHJAN 2023 MILEAGE AND EXPENSE 02/07/2023
B 23-515-22-00 50.00
50.00
50.00
79805 02/09/2023 HDL SOFTWARE LLC SIN025080 DEC 2022 BUSINESS LICENSE 12/31/2022
E 10-450-245-000-000 21.79
21.79
260.44
79804 02/09/2023 DEBRA GARCIA 02012023 REFUND YARD SALE SIGN DEPOSIT FOR 02/01/2023
E 10-450-245-000-000 238.65
238.65
92360742 PVC SUPPLIES FOR FREEDOM PARK 02/01/2023
79803 02/09/2023 FRUIT GROWERS SUPPLY 92360605 PESTICIDES FOR PARKS 02/01/2023
C.4.b
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Invoice #Vendor Invoice Description Inv. Date Amount Paid Check Total
Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
(4) YARD SALE SIGNS
WALKING PATH AT GRIFFIN PARK
SERVICES
SERVICES
E 10-140-250-000-000 3,366.00
3,366.00
3,366.00
E 10-190-212-000-000 21.80
21.80
235.20
79813 02/09/2023 LANCE SOLL AND LUNGHARD LLP 55376 2022 STATE CONTROLLER REPORT - CITY 01/31/2023
E 10-190-212-000-000 213.40
213.40
9009112117 11/15/22-12/14/22 CITYWIDE PHOTOCOPIER 01/25/2023
E 10-190-212-000-000 258.60
258.60
258.60
79812 02/09/2023 KONICA MINOLTA BUS. SOLUTIONS 9009112118 12/15/22-01/14/2023 CITYWIDE PHOTOCOPIER 01/25/2023
E 49-445-700-000-000 17,517.00
17,517.00
17,517.00
79811 02/09/2023 KONICA MINOLTA 41610722-C1 JAN-FEB 2023 RENT FOR (2) PHOTOCOPIERS 02/03/2023
E 10-110-142-000-000 305.08
305.08
305.08
79810 02/09/2023 JONESCAPE INC 2 2ND PROGRESS PYMT - DEVELOPMENT OF 12/20/2022
B 23-515-22-00 40.00
40.00
40.00
79809 02/09/2023 WILLIAM HUSSEY FEB2023 BH HLTH REIMFEB 2023 BH HEALTH REIMBURSEMENT 02/01/2023
79808 02/09/2023 ASHLYN HUGHES 02012023 REFUND YARD SALE SIGN DEPOSIT FOR 02/01/2023
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Invoice #Vendor Invoice Description Inv. Date Amount Paid Check Total
Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
- BILL HUSSEY
DUES
SERVICES FOR GATEWAY SPECIFIC PLAN
EVENT 1/29/2023-1/30/2023
(1) YARD SALE SIGN
B 23-515-22-00 10.00
10.00
10.00
E 10-450-245-000-000 2,000.00
2,000.00
2,000.00
79819 02/09/2023 VALERIE MYERS 02022023 REFUND YARD SALE SIGN DEPOSIT FOR 02/02/2023
B 10-022-68-00 183.07
183.07
392.74
79818 02/09/2023 MORAN JANITORIAL SERVICES LLC 2156 RICHARD ROLLINS PARK CLEANUP AFTER 01/30/2023
B 10-022-68-00 209.67
209.67
PAYDATE 01122023 ARSPAYDATE 01122023 ARS RETIREMENT 01/12/2023
B 23-515-33-00 5,028.75
5,028.75
5,028.75
79817 02/09/2023 MIDAMERICA ADMIN RETIREMENT PAYDATE 01262023 ARSPAYDATE 01262023 ARS RETIREMENT 01/26/2023
E 10-120-265-000-000 6,546.00
6,546.00
6,546.00
79816 02/09/2023 LILBURN CORPORATION 23-0227 JAN 2ND - JAN 29TH 2023 PROFESSIONAL 02/02/2023
E 10-110-270-000-000 40.00
40.00
40.00
79815 02/09/2023 LEAGUE OF CALIFORNIA CITIES 643329 2023 LEAGUE OF CA CITIES MEMBERSHIP 01/01/2023
79814 02/09/2023 LEAGUE OF CA CITIES INLAND EMP 2023 IEDD FEB 2023 INLAND EMPIRE DIVISION DINNER 02/06/2023
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Invoice #Vendor Invoice Description Inv. Date Amount Paid Check Total
Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
289106323001
WATER CO
(1) YARD SALE SIGN
B 23-515-22-00 10.00
10.00
10.00
79824 02/09/2023 SHELLY SAENZ 02062023 REFUND YARD SALE SIGN DEPOSIT FOR 02/06/2023
E 26-601-239-000-000 266.84
E 26-605-238-000-000 260.94
11,950.19
11,950.19
E 10-450-238-000-000 7,215.37
E 10-805-238-000-000 1,522.24
E 26-600-239-000-000 883.35
B 10-015-60-00 69.20
E 10-175-238-000-000 375.03
E 10-190-238-000-000 1,357.22
E 10-175-246-000-000 80.56
80.56
80.56
79823 02/09/2023 RIVERSIDE HIGHLAND WATER CO DEC22-JAN23 RHWC12/01/2022-01/25/2023 RIVERSIDE HIGHLAND 02/03/2023
E 10-140-255-000-000 515.81
515.81
515.81
79822 02/09/2023 QUINN RENTAL SERVICES PCA00344571 HOSE FOR SKIPLOADER 01/25/2023
189.45
79821 02/09/2023 PAY PLUS SOLUTIONS INC 30152 FEB 2023 CALPERS INSIGHT E-TOOLS PAY 02/01/2023
102.87
FY2022-23 OFFICE SUPPLIES 01/20/2023
E 10-175-210-000-000 86.58
86.58
E 10-172-210-000-000 57.02
E 10-175-210-000-000 3.28
E 10-190-210-000-000 42.57
79820 02/09/2023 ODP BUSINESS SOLUTIONS LLC 289363067001 FY2022-23 OFFICE SUPPLIES 01/20/2023
C.4.b
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Invoice #Vendor Invoice Description Inv. Date Amount Paid Check Total
Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
CITY HALL & SENIOR CENTER
E 10-450-245-000-000 588.00
588.00
E 10-450-245-000-000 658.00
658.00
429607184 JAN 2023 GOPHER CONTROL FOR PICO PARK 02/01/2023
E 10-450-245-000-000 735.00
735.00
427552516 NOV 2022 GOPHER CONTROL FOR PICO PARK 02/01/2023
79828 02/09/2023 TERMINIX 428560264 DEC 2022 GOPHER CONTROL FOR PICO PARK 02/01/2023
E 10-190-238-000-000 216.25
E 10-805-238-000-000 150.37
366.62
366.62
E 10-125-210-000-000 48.38
48.38
143.20
79827 02/09/2023 SPARKLETTS 9637116 020123 JAN2023 BOTTLED WATER SERVICES FOR 02/01/2023
E 10-450-245-000-000 94.82
94.82
55498 NEW KEYS FOR CITY CLERK 01/25/2023
E 10-450-245-000-000 146.19
146.19
345.60
79826 02/09/2023 SO CAL LOCKSMITH 55521 LOCK AND CHAIN FOR GATE AT PICO PARK 01/27/2023
E 10-450-245-000-000 199.41
199.41
126482656-001 PVC SUPPLIES FOR FREEDOM PARK 01/25/2023
79825 02/09/2023 SITEONE LANDSCAPE SUPPLY 126482054-001 PVC SUPPLIES FOR FREEDOM PARK 01/25/2023
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Invoice #Vendor Invoice Description Inv. Date Amount Paid Check Total
Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
GRIFFIN PARK
CIVIC CENTER
SENIOR CENTER
429447130
ROLLINS PARK
MAINTENANCE FEE
E 16-900-220-000-000 46.75
46.75
46.75
E 10-805-238-000-000 99.99
99.99
429.97
79830 02/09/2023 UNDERGROUND SERVICE ALERT 120230307 FEB 2023 MONTHLY DATABASE 02/01/2023
E 10-190-238-000-000 329.98
329.98
0153825012323 SR CENTER INTERNET - HSD3 - JAN-FEB 2023 01/23/2023
77.00
2,510.40
79829 02/09/2023 TIME WARNER CABLE 0228510012523 CITY HALL INTERNET - JAN-FEB 2023 01/25/2023
E 10-450-245-000-000 77.00
77.00
JAN 2023 GOPHER CONTROL FOR RICHARD 01/30/2023
E 10-450-245-000-000 77.00
E 10-805-245-000-000 107.00
107.00
429283448 JAN 2023 GOPHER CONTROL FOR DOG PARK 01/23/2023
E 10-195-245-000-000 111.40
111.40
429282782 JAN 2023 PEST CONTROL SVCS FOR 01/23/2023
E 10-450-245-000-000 157.00
157.00
429282289 JAN 2023 PEST CONTROL SVCS FOR 01/23/2023
429446675 JAN 2023 GOPHER CONTROL FOR 01/30/2023
C.4.b
Packet Pg. 28
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Invoice #Vendor Invoice Description Inv. Date Amount Paid Check Total
Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
AND POSTERS
(3) YARD SALE SIGNS
HARRY ROUSSOS
(46) POLYCOM VVX 450 PHONES
E 10-140-241-000-000 362.00
362.00
E 10-125-220-000-000 419.58
419.58
419.58
79837 02/23/2023 A STORAGE PLACE 02/01/2023 - B3334FEBRUARY RENT FOR UNIT B3334 02/15/2023
E 10-190-235-000-000 1,289.29
1,289.29
1,289.29
79836 02/23/2023 A AND I REPROGRAPHICS CN00040099 SET OF PRINTS FOR GT FIRE STATION 02/10/2023
B 23-515-16-00 504.00
504.00
504.00
79835 02/23/2023 8X8 INC 3716577 FEB 2023 SERVICE CHARGE FOR 02/01/2023
B 23-515-22-00 30.00
30.00
30.00
79834 02/09/2023 WILLDAN 00418110 DEC 2022 INSPECTION SERVICES FOR 01/17/2023
E 10-190-235-000-000 190.05
190.05
190.05
79833 02/09/2023 DAVID M WEBB 02012023 REFUND YARD SALE SIGN DEPOSIT FOR 02/01/2023
E 10-120-220-000-000 578.82
578.82
578.82
79832 02/09/2023 VERIZON WIRELESS 9926118897 ALPR CARD LINE CHARGES DEC 22-JAN 23 01/23/2023
79831 02/09/2023 UPDOG 8935 2023 WALK ON BLUE MOUNTAIN BANNER 01/31/2023
C.4.b
Packet Pg. 29
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Invoice #Vendor Invoice Description Inv. Date Amount Paid Check Total
Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
LUIS AND JESSICA
S&A REVIEW BOARD
38834
129.50
233.10
38811 GT 12.22.22 ORD. 346 - 1ST READING 12/19/2022
E 10-125-230-000-000 129.50
394.98
38798 GT 12.22.22 NOTICE OF VACANCY 12/15/2022
E 10-125-230-000-000 233.10
E 10-370-230-000-000 666.00
666.00
GT 12.22.22 PUBLIC HEARING 12/19/2022
E 10-125-230-000-000 394.98
E 10-172-270-000-000 1,660.00
1,660.00
1,660.00
79841 02/23/2023 CITY NEWSPAPER GROUP 1478 GT 02.16.23 NOTICE OF PUBLIC HEARING 02/13/2023
E 10-808-235-000-000 571.00
3,293.64
3,293.64
79840 02/23/2023 CALIFORNIA BUILDING OFFICIALS 16086 2023 CALBO CONFERENCE -01/31/2023
E 10-190-235-000-000 1,872.81
E 10-450-235-000-000 295.98
E 10-805-235-000-000 553.85
E 10-120-220-000-000 395.00
395.00
395.00
79839 02/23/2023 AT AND T FEB2023 AT&T FEB2023 AT&T 02/01/2023
E 10-140-241-000-000 174.00
174.00
536.00
79838 02/23/2023 ALLIANT INSURANCE SERVICES 2220298 INSURANCE FOR 2023 BLUE MOUNTAIN HIKE 02/13/2023
02/01/2023 - B15 FEBRUARY RENT FOR UNIT B15 02/15/2023
C.4.b
Packet Pg. 30
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Invoice #Vendor Invoice Description Inv. Date Amount Paid Check Total
Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
MAR-NOV 2022
INVOICES - NOV 2022
NOV 2022
(5) YARD SALE SIGNS
PARKS, CIVIC CENTER, CANAL STRIP, ORIOLE
E 26-601-255-000-000 80.00
4,095.00
E 10-195-245-000-000 200.00
E 10-450-255-000-000 3,665.00
E 26-600-255-000-000 150.00
B 23-515-22-00 50.00
50.00
50.00
79845 02/23/2023 EZ SUNNYDAY LANDSCAPE 4228 FEB 2023 LANDSCAPING SERVICES - 02/16/2023
B 10-022-70-00 415.65
415.65
415.65
79844 02/23/2023 JARROD DOWDEN 02142023 REFUND YARD SALE SIGN DEPOSIT FOR 02/14/2023
E 10-140-255-000-000 40.50
40.50
1,368.06
79843 02/23/2023 DENTAL HEALTH SERVICES 2297507 MAR 2023 EMPLOYEE PAID DENTAL INS 02/16/2023
E 10-185-255-000-000 345.50
345.50
145762 GT STREET SWEEPING INVOICE FOR 12/30/2022
E 10-140-255-000-000 982.06
982.06
145376 GT CODE ENFORCEMENT OUTSTANDING 12/30/2022
77.70
1,501.28
79842 02/23/2023 DATA TICKET INC 145526 GT CITATION PROCESSING FEES 12/30/2022
38810 GT 12.22.22 ORD. 347 - 1ST & FINAL READING 12/19/2022
E 10-125-230-000-000 77.70
C.4.b
Packet Pg. 31
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Invoice #Vendor Invoice Description Inv. Date Amount Paid Check Total
Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
TRACT 18070 JADEN
ENCAMPMENT ON E BARTON RD
PROGRAM
PROGRAM
PROGRAM
PROGRAM
E 10-450-245-000-000 125.51
125.51
E 22-425-305-000-000 471.11
471.11
2,810.08
79847 02/23/2023 FRUIT GROWERS SUPPLY 92363456 SUPPLIES FOR PARKS RESTROOMS 02/14/2023
E 22-425-305-000-000 512.80
512.80
10-2022-300604 OCT 2022 CDBG SR CENTER NUTRITION 02/06/2023
E 22-425-305-000-000 515.70
515.70
07-2022-300604 JUL 2022 CDBG SR CENTER NUTRITION 02/06/2023
E 22-425-305-000-000 525.35
525.35
09-2022-300604 SEP 2022 CDBG SR CENTER NUTRITION 02/06/2023
E 22-425-305-000-000 40.80
E 22-425-312-000-000 744.32
785.12
08-2022-300604 AUG 2022 CDBG SR CENTER NUTRITION 02/06/2023
E 10-187-257-000-000 280.00
280.00
5,125.00
79846 02/23/2023 FAMILY SERVICE ASSOCIATION 07-2022-300405 JUL 2022 CDBG SR CENTER PROGRAMS 02/06/2023
E 26-605-255-000-000 750.00
750.00
4378 WEED ABATEMENT AT HOMELESS 02/17/2023
4229 FEB 2023 LANDSCAPING SERVICES - 02/16/2023
C.4.b
Packet Pg. 32
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Invoice #Vendor Invoice Description Inv. Date Amount Paid Check Total
Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
92362154
CONFERENCE INCIDENTALS
ARTWORK
SYSTEM SUPPORT AND MAINTENANCE RENEWAL
E 10-190-212-000-000 258.60
258.60
258.60
E 10-120-210-000-000 2,500.00
2,500.00
2,500.00
79851 02/23/2023 KONICA MINOLTA 41810743 FEB-MAR 2023 RENT FOR (2) PHOTOCOPIERS 02/19/2023
E 65-425-220-000-000 52.80
52.80
385.65
79850 02/23/2023 INTRADO INTERACTIVE SVCS CORP 319602 FY2022-23 CIVIC LIVE INVOICE & REPORTING 11/30/2022
E 10-190-210-000-000 332.85
332.85
34955 BUSINESS CARDS - VICKIE THOMPSON 01/26/2023
E 10-110-270-000-000 675.75
675.75
675.75
79849 02/23/2023 INLAND BUSINESS FORMS 34967 #10 ENVELOPES COLOR/RETURN ADDRESS 02/01/2023
6.78
226.12
79848 02/23/2023 WILLIAM HUSSEY 02222023 REIMBURSEMENT - 2023 NEW MAYORS 02/22/2023
93.83
92361299 TRAPS FOR RATS IN MAINTENANCE SHOP 02/03/2023
E 10-175-218-000-000 6.78
PVC SUPPLIES FOR PARKS 02/08/2023
E 10-450-245-000-000 93.83
C.4.b
Packet Pg. 33
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Invoice #Vendor Invoice Description Inv. Date Amount Paid Check Total
Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
DIVISION
CIVIC CENTER AND PARKS
E 10-190-210-000-000 571.17
571.17
E 49-445-700-000-000 16,000.00
16,000.00
16,000.00
79856 02/23/2023 ODP BUSINESS SOLUTIONS LLC 291030815001 FY2022-23 OFFICE SUPPLIES 02/02/2023
79855 02/23/2023 NATA CONSTRUCTION INC INVC 221-23 BLEACHERS FOR VETERAN'S FREEDOM PARK 02/21/2023
E 10-195-245-000-000 1,304.00
E 10-450-245-000-000 1,325.00
2,629.00
2,629.00
79854 02/23/2023 MORAN JANITORIAL SERVICES LLC 2158 JAN 2023 JANITORIAL SERVICES FOR 02/09/2023
E 16-175-142-000-000 8.90
E 65-425-142-000-000 6.55
910.22
910.22
E 10-185-142-000-000 17.09
E 10-370-142-000-000 12.38
E 10-450-142-000-000 13.00
E 10-140-142-000-000 28.58
E 10-172-142-000-000 17.36
E 10-175-142-000-000 21.97
B 10-022-66-00 725.20
E 10-120-142-000-000 35.26
E 10-125-142-000-000 23.93
E 10-120-265-000-000 600.00
600.00
600.00
79853 02/23/2023 LINCOLN NATIONAL LIFE INSURANC LCLN MAR 2023 MAR 2023 LIFE/AD&D/DEP LIFE/WI/LTD 03/01/2023
79852 02/23/2023 LEAGUE OF CALIFORNIA CITIES 2900 2023 MEMBERSHIP DUES FOR INLAND EMPIRE 01/20/2023
C.4.b
Packet Pg. 34
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Invoice #Vendor Invoice Description Inv. Date Amount Paid Check Total
Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
291389121001
E 10-190-280-000-000 32.29
E 65-425-220-000-000 60.00
573.49
573.49
E 10-185-272-000-000 73.91
E 10-190-211-000-000 33.69
E 10-190-226-000-000 63.00
E 10-172-272-000-000 18.45
E 10-175-218-000-000 8.65
E 10-175-246-000-000 42.00
E 10-120-220-000-000 153.68
E 10-120-270-000-000 59.89
E 10-140-220-000-000 27.93
E 10-380-250-000-000 6,658.00
6,658.00
6,658.00
79858 02/23/2023 PETTY CASH 02162023 REPLENISH PETTY CASH NOV 2022-FEB 2023 02/16/2023
15.99
1,319.02
79857 02/23/2023 ON SITE COMPUTING 54002988 MAR 2023 IT SERVICES 02/01/2023
33.72
282963372001 FY2022-23 OFFICE SUPPLIES 02/03/2023
E 10-125-210-000-000 15.99
E 10-190-210-000-000 64.55
64.55
FY2022-23 OFFICE SUPPLIES 01/31/2023
E 10-190-210-000-000 33.72
E 10-450-245-000-000 120.09
120.09
282325872001 FY2022-23 OFFICE SUPPLIES 02/02/2023
E 10-190-210-000-000 513.50
513.50
291165561001 TRASH LINERS FOR PARKS 02/02/2023
293091450001 FY2022-23 OFFICE SUPPLIES 02/08/2023
C.4.b
Packet Pg. 35
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Invoice #Vendor Invoice Description Inv. Date Amount Paid Check Total
Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
(3) YARD SALE SIGNS
LIGHTS BOX
E 49-445-700-000-000 2,150.00
2,150.00
2,150.00
E 10-450-245-000-000 98.96
98.96
98.96
79864 02/23/2023 SONRISE ELECTRIC INC 9628 BASEBALL SCOREBOARD INSTALLATION 02/14/2023
E 10-120-265-000-000 1,589.00
1,589.00
1,589.00
79863 02/23/2023 SO CAL LOCKSMITH 55645 PADLOCK AND DND 5 PINS FOR BALLFIELD 02/10/2023
13,511.00
205,677.00
79862 02/23/2023 SO CA ASSOC OF GOVERNMENTS SCAG FY23 0081 FY2022-23 SCAG MEMBERSHIP 02/06/2023
192,166.00
22091 Q1 INCREASED MOU COST 12/22/2022
E 10-410-256-000-000 13,511.00
E 10-410-255-000-000 5,441.67
E 10-410-256-000-000 173,391.00
E 14-411-256-000-000 13,333.33
B 23-515-22-00 30.00
30.00
30.00
79861 02/23/2023 SB COUNTY SHERIFF 22427 FEB 2023 LAW ENFORCEMENT SERVICES 02/01/2023
E 10-110-142-000-000 164.90
164.90
164.90
79860 02/23/2023 CLAYTON ROSENKILD 02152023 REFUND YARD SALE SIGN DEPOSIT FOR 02/15/2023
79859 02/23/2023 SYLVIA ROBLES FEB2023 SR MED REIMBFEB 2023 SR MEDICARE REIMBURSEMENT 02/22/2023
C.4.b
Packet Pg. 36
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Invoice #Vendor Invoice Description Inv. Date Amount Paid Check Total
Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
SYSTEM RENTAL
MAINTENANCE
22147715
MAINTENANCE
MAINTENANCE
DUES
SUBSCRIPTION
E 10-370-265-000-000 82.00
82.00
82.00
B 10-022-72-00 481.64
481.64
481.64
79869 02/23/2023 THOMSON REUTERS WEST 847876839 FEB 2023 QUINLAN ZONING BULLETIN 02/04/2023
409.45
2,316.30
79868 02/23/2023 TEAMSTERS LOCAL 1932 019 MARCH 2023 EMPLOYEE PAID MEMBERSHIP 02/16/2023
557.55
22147717 JAN 2023 ON-CALL TRAFFIC SIGNAL 01/31/2023
E 16-510-255-000-000 409.45
E 16-510-255-000-000 1,349.30
1,349.30
JAN 2023 ROUTINE TRAFFIC SIGNAL 01/31/2023
E 16-510-255-000-000 557.55
E 10-190-246-000-000 15.00
15.00
15.00
79867 02/23/2023 ST FRANCIS ELECTRIC 22147716 JAN 2023 RESPONSE TRAFFIC SIGNAL 01/31/2023
E 10-190-238-000-000 206.66
206.66
206.66
79866 02/23/2023 SPARKLING CLEAN CAR WASH INC 607 EXTREME CAR WASH FOR THE PRIUS 02/09/2023
79865 02/23/2023 SPARKLETTS 16179154 021123 JAN-FEB2023 WATER FILTRATION 02/11/2023
C.4.b
Packet Pg. 37
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Invoice #Vendor Invoice Description Inv. Date Amount Paid Check Total
Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
FEB-MAR 2023
FEB-MAR 2023
(3) DAYS OF VETERAN'S PARK RESERVATIONS
ARBORIST SERVICES
E 10-187-256-020-000 1,424.46
1,424.46
1,424.46
3,180.00
3,180.00
79874 02/23/2023 WHITEWATER ROCK AND SUPPLY 127083 ROCKS FOR STORM DRAIN OPENING 02/15/2023
E 16-510-236-000-000 582.00
E 20-100-245-000-000 852.00
E 62-120-250-000-000 1,746.00
79873 02/23/2023 WEST COAST ARBORISTS INC 195858 JAN 2023 CITYWIDE TREE INVENTORY AND 01/31/2023
R 10-450-01 90.00
B 23-515-22-00 150.00
240.00
240.00
79872 02/23/2023 JOHN UMBARGER 02222023 REFUND PARKS KEY DEPOSIT AND 02/22/2023
E 10-175-240-000-000 480.00
E 10-450-246-000-000 4,996.00
5,476.00
5,476.00
E 10-805-238-000-000 285.69
285.69
605.67
79871 02/23/2023 TODD PETERS ELECTRICAL CONTRAC 0207023-1 REPAIRS FOR PICO PARK BASEBALL LIGHTS 02/07/2023
E 10-450-238-000-000 319.98
319.98
0007245020723 SR CTR CABLE INTERNET BLDG 3 -02/07/2023
79870 02/23/2023 TIME WARNER CABLE 0262246020323 RICHARD ROLLINS PARK INTERNET - 02/03/2023
C.4.b
Packet Pg. 38
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Invoice #Vendor Invoice Description Inv. Date Amount Paid Check Total
Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
01/26/2023
B 10-022-62-00 7,651.26
7,651.26
7,651.26
17026164 02/07/2023 PUBLIC EMPLOYEES RETIREMENT PAYDTE 01262023 PERSRETIREMENT CONTRIBUTIONS FOR PAY DATE 01/26/2023
E 26-604-238-000-000 63.74
E 26-605-238-000-000 51.26
14,058.30
14,058.30
E 26-601-238-000-000 60.59
E 26-602-238-000-000 83.68
E 26-603-238-000-000 14.42
E 10-450-238-000-000 1,418.75
E 16-510-238-000-000 7,835.53
E 26-600-238-000-000 72.14
E 10-172-238-000-000 82.80
E 10-175-238-000-000 82.79
E 10-190-238-000-000 4,292.60
1985887 02/02/2023 SO CA EDISON COMPANY JAN 2023 EDISON JAN 2023 ENERGY USAGE 02/01/2023
E 10-190-238-000-000 7,048.25
E 10-805-238-000-000 956.84
8,005.09
8,005.09
E 10-172-250-100-000 255.00
255.00
255.00
380709 02/07/2023 SO CA GAS COMPANY JAN 2023 GAS SERVICEJAN 2023 GAS SERVICE 02/07/2023
79875 02/23/2023 WILLDAN 002-28203 JAN 2023 PLAN CHECK/ INSPECTION SVCS 02/01/2023
C.4.b
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Invoice #Vendor Invoice Description Inv. Date Amount Paid Check Total
Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
ACH 1002299464
#1002299462
2,131.60
2,131.60
E 10-172-272-000-000 20.00
E 10-175-272-000-000 1,952.60
E 10-185-272-000-000 159.00
87056156 02/07/2023 WEX BANK 87056156 JAN-FEB 2023 VEHICLE FUEL CHEVRON 02/06/2023
B 10-022-63-00 1,730.00
B 10-022-64-00 147.93
1,877.93
1,877.93
21,584.42
21,584.42
17072841 02/07/2023 CALPERS 457 PLAN PAYDATE 01262023 457EFT PAYMENT CALPERS ACH CONFIRM 01/26/2023
E 10-450-142-000-000 1,667.29
E 16-175-142-000-000 909.42
E 65-425-142-000-000 0.15
E 10-185-142-000-000 741.44
E 10-190-142-000-000 4,101.78
E 10-370-142-000-000 757.86
E 10-140-142-000-000 2,257.16
E 10-172-142-000-000 1,515.72
E 10-175-142-000-000 2,728.32
B 10-022-61-00 3,983.27
E 10-120-142-000-000 2,164.16
E 10-125-142-000-000 757.85
17059030 02/07/2023 CA PUB EMPLOYEES RETIRE SYSTEM 02012023 HPERS FEB 2023 PERS HEALTH INSURANCE 02/01/2023
C.4.b
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Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
11,478.55
11,478.55
E 16-900-229-000-000 STREET/SAFETY SIGNS 969.33
E 65-425-246-000-000 SEN BUS SUPPLIES 17.19
E 69-120-220-000-000 COMMUNITY DAY 63.83
E 10-370-210-000-000 OFFICE SUPPLIES 263.77
E 10-450-245-000-000 PARKS MAINT 357.45
E 16-510-236-000-000 STREET CAMERA REPAIRS 1,004.63
E 10-190-210-000-000 OFFICE SUPPLIES 358.90
E 10-190-220-000-000 MTRLS & SUPPLIES 31.47
E 10-195-245-000-000 CITY HALL MAINT 109.19
E 10-185-265-000-000 MEMBERSHIP 100.00
E 10-185-268-000-000 CONFERENCE/TRAINING 225.74
E 10-185-272-000-000 VEHICLE MAINT 42.65
E 10-175-272-000-000 VEHICLE MAINT 2,294.71
E 10-185-218-000-000 MTRLS & SUPPLIES 7.14
E 10-185-219-000-000 MTRLS & SUPPLIES 193.94
E 10-175-218-000-000 MTRLS & SUPPLIES 341.63
E 10-175-235-000-000 MTRLS & SUPPLIES 115.24
E 10-175-246-000-000 MTRLS & SUPPLIES 52.50
E 10-172-210-000-000 OFFICE SUPPLIES 128.49
E 10-172-272-000-000 VEHICLE MAINT 9.00
E 10-175-210-000-000 OFFICE SUPPLIES 14.43
E 10-125-210-000-000 OFFICE SUPPLIES 6.79
E 10-125-270-000-000 CONFERENCE 500.00
E 10-140-270-000-000 CONFERENCE 830.54
E 10-120-210-000-000 OFFICE SUPPLIES 555.12
E 10-120-220-000-000 MTRLS & SUPPLIES 1,166.73
E 10-120-270-000-000 CONFERENCE 224.88
E 10-110-210-000-000 OFFICE SUPPLIES 53.01
E 10-110-220-000-000 MTRLS & SUPPLIES 76.26
E 10-110-270-000-000 CONFERENCE 1,363.99
474701972 02/16/2023 US BANK JAN2023 CAL CARDJAN-FEB 2023 CAL CARD CHARGES 02/06/2023
C.4.b
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Invoice #Vendor Invoice Description Inv. Date Amount Paid Check Total
Check Register
CITY OF GRAND TERRACE
As of 2/28/2023
Check #Date
Christine Clayton, Finance Director
City of Grand Terrace
1,847.14
1,847.14
Total Checks:415,795.35
E 10-185-235-000-000 151.64
E 10-805-238-000-000 760.36
E 65-425-235-000-000 139.52
E 10-140-235-000-000 50.25
E 10-172-235-000-000 50.25
E 10-175-235-000-000 695.12
2104707892 02/15/2023 VERIZON WIRELESS 9926569537 JAN-FEB 2023 MONTHLY PHONE CHARGES 02/01/2023
IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORE
LISTED CHECKS FOR PAYMENT OF CITY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE ACCURATE, NECESSARY AND APPROPRIATE EXPENDITURES
FOR THE OPERATION OF THE CITY. I FURTHER CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE CITY HAS AVAILABLE FUNDS FOR PAYMENT
THEREOF.
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AGENDA REPORT
MEETING DATE: March 28, 2023 Council Item
TITLE: Community Benefit Fund Grant Award to the Grand Terrace
Living Word Foursquare Church in the Amount of $2,000.00
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: Approve the Community Benefit Fund grant application in
the amount of $2,000 to the Grand Terrace Living Word
Foursquare Church for a community Easter egg hunt on
Saturday, April 8th, 2023 at Richard Rollins Park.
2030 VISION STATEMENT:
This staff report supports the following City Council Goals:
• Goal #1 - Ensure Our Fiscal Viability, through the continuous monitoring of
revenue receipts and expenditure disbursements against approved budget
appropriations; and
• Goal #4 - Develop and Implement Successful Partnerships through productive
collaboration with community groups, youth programs, and senior organizations.
BACKGROUND:
In past fiscal years, the City Council has approved the use of funds for the
establishment of the Community Benefits Fund Grant Program. The purpose of the
Community Benefits Fund Grant Program is to provide funding for local youth programs,
community events, community fee waivers, and be used as an economic development
tool for small business development in the City.
For Fiscal Year 2022-23, the City Council has approved the use of $20,000 toward
community benefit-funded programs and activities.
Various youth and senior program activities have benefited from the Community
Benefits Fund including the Foundation of Grand Terrace, the REC Center, several
youth sports leagues, and the Friends of the Grand Terrace Library.
Attachment A provides a summary of awarded grants by fiscal year and the recipients of
said grants awarded in each fiscal year.
DISCUSSION:
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I. Application received from the Grand Terrace Living Word Foursquare Church
The Organization’s mission is to reach the world for Jesus and share the Gospel, reach
the lost at any cost, mend families, teach the word of God and send them back into
society with a purpose.
Below summarizes the current application submitted by the Organization:
Project Title: Community Easter Egg Hunt
Project Activity: Easter egg hunt for different age groups
(eggs/candy)
Raffle Easter baskets
Hand out hot dogs and waters
Face painting booth
Public Purpose: This will be an outreach for the community
where we will give back to families in need who
do not have the opportunity to celebrate Easter.
Amount Requested: $2,000.00
Utilization of Funds: Funds would be utilized to provide eggs and
candy to hundreds of kids as well as some
Easter baskets to some families in need.
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve the Community Benefit Fund grant application in the amount of not to
exceed $2,000 to the Grand Terrace Living Word Foursquare Church.
Upon City Council approval, the applicant will comply with the following, if they have not
already done so:
1. Issue the City of Grand Terrace an invoice for the grant amount;
2. Ensure that the City is mentioned/included as a sponsor in any material
advertising the activity or event;
3. Complete a W-9 form for reporting purposes; and
4. Submit receipts within 30 days of the event/activity showing that the funds
provided were used for their original intent.
Attached is the application received from the Grand Terrace Living Word Foursquare
Church.
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FISCAL IMPACT:
Funds in the amount of $20,000.00 have been approved for the program and
established in the Community Benefits Fund (Fund 61). If approved, the table below will
show the balances of each category remaining in the fund:
FY2022-23 Community Benefits Fund
Fund
No.
Acct.
No.
Account Title Approved
Budget
Awarded
Grants
Balance
as of
Feb-
2023
Proposed
Grant
Awards
Revised
Balance
61 461-
100
Non-Profit
/Service
Organizations
$10,000 $4,310 $5,690 ($2,000) $3,690
TOTAL $10,000 $4,310 $5,690 ($2,000) $3,690
ATTACHMENTS:
• Grand Terrace Living Word Foursquare Church (PDF)
• Community Benefits Fund Award History (XLSX)
APPROVALS:
Christine Clayton Completed 03/08/2023 4:20 PM
Finance Completed 03/08/2023 4:22 PM
City Manager Completed 03/09/2023 10:26 AM
City Council Pending 03/28/2023 6:00 PM
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Title 2015-16 2016-17 2017-18 2018-19 2019-20 2021-22 2022-23 TOTAL 2022-23 TOTAL
TO DATE
Proposed
in
Mar-2023 REVISED
YOUTH / SCHOOL ORGANIZATIONS
Grand Terrace Community Basketball 1,136$ -$ -$ 1,450$ -$ -$ 2,586$ -$ 2,586$
Grand Terrace High School Football Boosters - - - 2,000 2,000 - 4,000 - 4,000
Grand Terrace High School Legacy Regiment Boosters - - - 2,000 - - 2,000 - 2,000
Grand Terrace High School Boys Basketball - - - - 2,000 - 2,000 - 2,000
Grand Terrace High School Titan Wrestling Team - - - - 1,997 - 2,000 3,997 - 3,997
Grand Terrace Little League 2,000 - 2,000 - - - 4,000 - 4,000
Grand Terrace Youth Football & Cheer - 4,000 2,000 - - - 6,000 - 6,000
Terrace View Elementary PTA 1,000 671 1,517 700 - 1,805 1,725 7,418 - 7,418
4,136$ 4,671$ 5,517$ 6,150$ 5,997$ 1,805$ 3,725$ 32,001$ -$ 32,001$
NON-PROFIT / SERVICE ORGANIZATIONS
American Cancer Society -$ -$ 2,000$ -$ -$ -$ 2,000$ -$ 2,000$
Drug Alternative Program - 2,000 - - - - 2,000 - 2,000
Foundation of Grand Terrace 2,350 2,000 1,830 - - 2,000 2,000 10,180 - 10,180
Friends of Grand Terrace Library 3,750 2,000 2,000 4,000 - - 11,750 - 11,750
Grand Terrace Lions Club - 620 - - - - 620 - 620
Sheriff’s Central Station Explorer Program - - - 2,000 - - 2,000 - 2,000
The REC Center 2,187 310 - 3,100 - - 5,597 - 5,597
Grand Terrace Cars & Coffee - - - - - 2,000 2,000 4,000 - 4,000
Christ the Redeemer Catholic Church - - - - - - 310 310 310
Grand Terrace Living Word Foursquare Church - - - - - - - - 2,000 2,000
Family Service Association - - - - 2,000 - - 2,000 - 2,000
8,287$ 6,930$ 5,830$ 9,100$ 2,000$ 4,000$ 4,310$ $40,457 2,000$ 42,457$
TOTAL 12,423$ 11,601$ 11,347$ 15,250$ 7,997$ 5,805$ 8,035$ 72,458$ 2,000$ 74,458$
City of Grand Terrace
Community Benefit Grant Awards
GRANT AWARD HISTORY as of June 30, 2022 and Approved & Proposed Applications for March 2023
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AGENDA REPORT
MEETING DATE: March 28, 2023 Council Item
TITLE: Approval of Professional Services Agreements for Interim
Code Enforcement and On-Call Code Enforcement Services
PRESENTED BY: Leila Holtzen, Code Enforcement/Animal Control Officer
RECOMMENDATION: 1. Approve a Professional Services Agreement for
Interim Code Enforcement Services with Willdan
Engineering;
2. Approve Professional Services Agreements with
Willdan Engineering for On-Call Code Enforcement
Services;
3. Authorize the Mayor to Execute All Approved
Agreements Subject to City Attorney Approval As to Form.
2030 VISION STATEMENT:
This staff report supports City Council Goal #2, “Maintain Public Safety” for the
community.
BACKGROUND:
The Code Enforcement Department is in a unique position, as a significant number of
projects and priorities come directly from resident concerns and needs. Project delivery
is contingent on adequate staff resources and ability to be completed in a timely
manner.
DISCUSSION:
In December 2022, the former Code Enforcement Specialist resigned.
The Senior Code Enforcement Officer was given the assignment to assess the need for
the specialist position to be filled. The findings were that the specialist position is
needed for a minimum of four days a week and to cover on-call when the Senior Officer
is at training, conferences, or on vacation. The City can use Code Enforcement
consultants to cover the 4 days a week and on an as-needed basis, which affords the
City an opportunity to access resources without a long-term commitment. This also
reduces costs associated with the Unfunded Accrued Liability. In the past, the City
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utilized this process for special services; this approach will allow resources to be on
standby.
Staff recommends the City Council approve a professional services agreement with
Willdan Engineering (Willdan) to provide personnel to function as the Code Enforcement
Specialist. Willdan offered staff resources with direct public sector experience serving in
senior and specialist positions with public agencies throughout California. The City’s
past experience with Willdan is positive, as they provide Plan Check Reviews for the
Building & Safety Department and Interim Engineering Services for the Public Works
Department. They have also provided exceptional code enforcement services in past
contracts. The scope of services was developed in consideration of the City’s needs
and the City’s desire to deliver exceptional service to residents to preserve
neighborhoods and offer timely resolution to residents’ concerns.
FISCAL IMPACT:
Funding for the agreement with Willdan for the Code Enforcement Services will be
derived from the salary savings from the vacant and funded Code Enforcement position
and will be coded to Account 10-185-250-000-000. (General Fund – Code Enforcement
– Professional Services)
ATTACHMENTS:
• Attachment I - Summary of Funded Positions (PDF)
• (GT) WILLDAN Code Enforcement Contract for Service (DOCX)
APPROVALS:
Leila Holtzen Completed 03/23/2023 11:08 AM
Finance Completed 03/23/2023 11:39 AM
City Manager Completed 03/23/2023 12:06 PM
City Council Pending 03/28/2023 6:00 PM
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01247.0001/868149.1 3/21/2023
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
WILLDAN ENGINEERING
for
CODE ENFORCEMENT SERVICES
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01247.0001/868149.1 3/21/2023
-2-
AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
WILLDAN ENGINEERING FOR
CODE ENFORCEMENT SERVICES
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND WILLDAN ENGINEERING FOR CODE ENFORCEMENT”
(herein “Agreement”) is made and entered into this ____ day of ________, 2023 by and between
the City of Grand Terrace, a California municipal corporation (“City”) and Willdan Engineering,
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, by issuance of a Request for Qualifications, the performance of
the services defined and described particularly in Article 1 of this Agreement.
B. 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 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.
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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 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.
C.6.b
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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 Fifty Thousand Dollars ($50,000) (the “Contract Sum”), unless
additional compensation is approved pursuant to Section 1.8.
C.6.b
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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 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.
C.6.b
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement. In addition, upon issuance of
a Notice to Proceed on a Task Order, time is of the essence in the performance of the Task Order’s
Scope of Work or Scope of Services.
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 two (2)
years from the date hereof. The City in its sole and absolute discretion may extend the term of this
Agreement by one (1) year.
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:
C.6.b
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Fredrick Wickman, PE Project Manager
(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 the 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.
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
C.6.b
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01247.0001/868149.1 3/21/2023
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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
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.
C.6.b
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(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 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
C.6.b
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01247.0001/868149.1 3/21/2023
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ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[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 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, 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:
C.6.b
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(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 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.
C.6.b
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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
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
C.6.b
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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 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.
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
C.6.b
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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; 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 of this 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 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
C.6.b
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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 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 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 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
C.6.b
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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 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.
C.6.b
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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 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 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.
C.6.b
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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.
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 of no 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.
[SIGNATURES ON FOLLOWING PAGE]
C.6.b
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01247.0001/868149.1 3/21/2023 19
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
_____________________________________
Bill Hussey, Mayor
ATTEST:
__________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
__________________________________
Adrian R. Guerra, City Attorney
CONSULTANT:
Willdan Engineering, a California corporation
By: ___________________________________
Name:
Title:
By: ___________________________________
Name:
Title:
Address: _____________________________
_____________________________
______________________________
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.
C.6.b
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01247.0001/868149.1 3/21/2023
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
C.6.b
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01247.0001/868149.1 3/21/2023
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
C.6.b
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01247.0001/868149.1 3/21/2023 A
EXHIBIT A
SCOPE OF WORK
SERVICES FOR CODE ENFORCEMENT OFFICER(S)
GENERAL INFORMATION
The services to be provided shall consist of the furnishing, within 48 hours of notification,
qualified personnel for the reviewing, processing, and closing of Code Enforcement cases related
to zoning nuisance and property maintenance services within the City of Grand Terrace.
These services may involve the review of case files, an inspection of properties, filing
notices and complaints against violators, documenting, and preparing violation cases for the
District Attorney's Office and/or County Counsel, and testifying in court. Zoning, nuisance, and
property maintenance codes/ordinances are the areas in which these violations will be processed.
EXAMPLES OF DUTIES
Code Enforcement Officers furnished by the Contractor shall be responsible for, but not
limited to the following:
l. Reviews and studies local codes and ordinances related to zoning, nuisance, and property
maintenance.
2. Investigates violations of the County zoning, nuisance, and property maintenance laws,
files complaints against violators, and testify in court if necessary.
3. Performs field surveys and investigates complaints of possible nuisance and property
maintenance code violations. Recognizes the need for, and requires appropriate remedial
action/s to correct said violations.
4. Performs and documents inspections to determine the validity of the complaints, and to
identify conformance to the applicable codes and ordinances.
5. Takes photographs and necessary measurements and gathers all pertinent facts from the
parties involved.
6 Prepares and issues Notices of Violation, Letters of Non-Compliance, and citations when
necessary.
7. Requests title searches, records, or removes violation notices on titles, and ensures that
legal requirements have been met.
8. Communicates effectively to resolve issues with property and business owners,
persuades uncooperative individuals to comply with ordinances, and seeks to gain
voluntary compliance.
C.6.b
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01247.0001/868149.1 3/21/2023 A
9. Utilizing a computerized permitting system as determined by the City. Training will be
provided by the City.
10. Maintains records of inspections and enforcement of efforts: researches and compiles
data for each case: prepares required documentation for legal actions; testifies in court
proceedings regarding code violations, performs follow-up actions as needed to gain
compliance.
11. Confers with related agencies and the County department on the disposition of
complaints and code violations; prepares detailed and specialized written reports and
co1Tespondence related to code enforcement inspections, violations, and other activities
that are adequate for use by the District Attorney in the prosecution of violations.
12. Code Enforcement Officers famished by the Contractor should be able to provide an array of
customer service at the public counter such as helping permit technicians with the processing of
permits needed to correct code violations, preparing special investigation reports, handling
customer needs over the phone and in person, and maintaining records.
MINIMUM QUALIFICATIONS
General knowledge of:
1. State and local regulations pertinent to land use/zoning, nuisance, and property
maintenance, and some knowledge of the principles and practices of urban planning.
2. Geography of the City of Grand Terrace, including locations and layout of streets.
3. Customer service techniques and principles
4. Methods for overcoming hostility.
Ability to:
1. Read and interpret land use, and property maintenance, and apply this knowledge to
specific problems.
2. Prepare and maintain concise, comprehensive records and reports.
3. Establish and maintain effective working relations, with County employees, and the
public in potentially adverse conditions.
4. Provide excellent customer service; treat the public diplomatically and with respect.
5. Follow oral and written instructions.
6. Speak and write clearly and logically.
7. Flexible work schedule, mandatory weekends
C.6.b
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01247.0001/868149.1 3/21/2023 A
CITY SUPPLIED ITEMS
The City of Grand Terrace Code Enforcement Management Department will supply the following:
1. Office Space with desk
2. Office Supplies
3. Telephone
4. Facsimile
5. Computer
6. Parking Access
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.
C.6.b
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01247.0001/868149.1 3/21/2023
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. The City will compensate Consultant 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.
II. The total compensation for the Services shall not exceed $50,000 as provided in
Section 2.1 of this Agreement.
III. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
C.6.b
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AGENDA REPORT
MEETING DATE: March 28, 2023 Council Item
TITLE: Approval of Additional National Opioid Settlements with
Teva, Allergan, Walmart, Walgreens, and CVS
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: 1. Approve Settlement Agreements and Participation
Forms for the City’s participation in the National Opioid
Settlement Agreements with Teva, Allergan, Walmart,
Walgreens, and CVS.
2. Approve the California State-Subdivision Agreements
Regarding Distribution and Use of Settlement Funds relating
to the National Opioid Settlement Agreements with Teva,
Allergan, Walmart, Walgreens, and CVS.
3. Adopt a Resolution approving and authorizing the City
Manager to carry out all necessary acts such that the City
can participate in the National Opioid Settlements with Teva,
Allergan, Walmart, Walgreens, and CVS, including signing
necessary documents and transmittal thereof as necessary.
2030 VISION STATEMENT:
This staff report supports City Council Goal Number 1, “Ensure Our Fiscal Viability” by
reviewing expenditures related to City Attorney services to seek savings and explore a
creative means to provide those services.
BACKGROUND:
In 2021, the City entered into settlement agreements with McKesson Corporation,
Cardinal Health, Inc., and AmerisourceBergen Corporation. (collectively, the
“Distributors”) and Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-
Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc. (collectively, the
“Manufacturer”) (for purposes of this submittal, the Distributors and Manufacturer are
collectively referred to as the “2021 Settling Defendants”). The 2021 settlement
agreement related to litigation (the City was not a party to this litigation) by various
States, cities, and counties relating to the 2021 Settling Defendants’ manufacture and
distribution of opioids and, in particular, the impact of such activities upon the national
opioid epidemic (“2021 Settlement Agreements”). The 2021 Settlement Agreements
required that a “critical mass” of public agencies participate in order for it to become
effective, which was achieved in 2022.
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DISCUSSION:
At this time, a new settlement is proposed with Teva, Allergan, Walmart, Walgreens,
and CVS, who are additional defendants that are retailers and manufacturers of opioids
(for the purposes of this submittal, Teva, Allergan, Walmart, Walgreens, and CVS are
collectively referred to as the “2023 Settling Defendants”). The terms of the 2023
Settlement Agreements are similar to the 2021 Settlement Agreements, which include
the requirement that a critical mass of participation is required, provides for a broad
release of the 2023 Settling Defendants from liability relating to opioids, and, further,
direct or indirect payment of settlement funds to the various local agencies agreeing to
participate. Additional information about these settlements can be found here:
www.nationalopioidsettlement.com.
With respect to the release, as indicated above, it is a very broad release covering any
activities by the 2023 Settling Defendants relating to opioids. It arguably also includes a
release from liability relating to land use matters for facilities that manufactured,
distributed, or sold opioids within the city.
With respect to the settlement funds, the 2023 Settlement Agreements could provide up
to approximately $1.8 billion to California. This amount assumes maximum participation.
Similar to the 2021 Settlement Agreements, the more local agencies that participate, the
more funds will be available to California. Further, the City’s share of this amount is
approximately $78,131.52, which is distributed over a 5 to 15-year period depending on
the settlement agreement. It must be emphasized that this amount is an estimate of
what the City may receive and assumes a best-case scenario where all local
agencies participate. The actual amount will not be known until the process has
been completed. Similar to the 2021 Settlement Agreements, the use of the funds is
restricted to opioid remediation (e.g., addiction treatment programs). By default, these
funds are allocated to the County, but the City is able to elect to receive a direct
distribution; however, the use of the funds also requires strict accounting requirements.
These requirements only apply to the City if it elects to receive direct distribution and
does not apply to the City if the funds go to the County. In terms of enforcement, the
State enforces the expenditure requirements. Because of this, it is recommended that
the funds be allocated to the County.
Approval of Recommendation Nos. 1 and 2 would authorize the City to participate in the
National Opioid Settlements with the 2023 Settling Defendants on the terms and
conditions of those settlement agreements and, further, approve agreements with the
State of California on the distribution of settlement funds, consistent with the 2023
Settlement Agreements. (The 2023 Settlement Agreements for Allergan, Teva, CVS,
Walmart, and Walgreens are available for public viewing in the City Clerk’s office.
Additionally, the settlement agreements and exhibits can be located on the City of
Grand Terrace’s website through the following link: https://tinyurl.com/3bc536rc.)
Approval of Recommendation No. 3 would approve and authorize the City Manager to
carry out all necessary acts such that the City can participate in the National Opioid
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Settlements with Teva, Allergan, Walmart, Walgreens, and CVS, including signing
necessary documents and transmittal thereof as necessary.
Council approval and authorization for execution, submission, and receipt of all required
documents must be completed before April 18, 2023.
FISCAL IMPACT:
None. Any funds allocated will automatically be transferred to the County of San
Bernardino.
APPROVALS:
Konrad Bolowich Completed 03/23/2023 9:38 AM
City Manager Completed 03/23/2023 12:06 PM
City Council Pending 03/28/2023 6:00 PM
C.7
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AGENDA REPORT
MEETING DATE: March 28, 2023 Council Item
TITLE: Approval of Amendment to the Agreement Between the City
of Grand Terrace and St. Francis Electric to Increase the
Compensation of the St. Francis Electric Agreement
PRESENTED BY: Shanita Tillman, Senior Management Analyst
RECOMMENDATION: Approve Amendment No. 1 to the Agreement for Traffic
Signal Maintenance and On-Call Services with St. Francis
Electric (dated May 24, 2022) to remove the annual limitation
of $20,000;
Authorize the Mayor to execute the above-mentioned
amendments subject to the City Attorney’s approval as to
form.
2030 VISION STATEMENT:
This staff report supports Goal #2 Maintain Public Safety
BACKGROUND:
On May 14, 2022, City Council approved a contractor agreement with St. Francis
Electric, LLC for Traffic Signal Maintenance and On-Call Emergency Services. The
agreement was executed for three (3) years with the provision of granting two (1) year
extensions.
DISCUSSION:
The current contract allows for an annual compensation of $20,000 and as of January
31, 2023, there is a remaining balance of $613 with February’s invoices still
outstanding. To ensure there are adequate funds to support the traffic signal
maintenance staff recommends the removal of the verbiage limiting the annual
compensation of $20,000. Secondly, staff is recommending the appropriation of the
remaining balance of the agreement be added to FY 22-23 budget to cover the
outstanding and future costs. The agreement compensation over the course of three
years is not to exceed $60,000.
FISCAL IMPACT:
Appropriation of $40,000 of General Funds to cover the outstanding and future invoices.
in the designated account 16-510-255-000. The remaining balance at the end of the
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fiscal year will be carried forward.
ATTACHMENTS:
• Attachment 1 - St. Francis Electric Agreement (PDF)
• Attachment 2 - Proposed Amendment No. 1 to St. Francis Electric Agreement
(DOCX)
APPROVALS:
Shanita Tillman Completed 03/21/2023 10:20 AM
Finance Completed 03/21/2023 10:45 AM
City Manager Completed 03/21/2023 11:15 AM
City Council Pending 03/28/2023 6:00 PM
C.8
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Call -off
MAINTENANCE AND ON-CALL SERVICE AGREEMENT
By and Between
CITY OF GRAND TERRACE
and
ST. FRANCIS ELECTRIC,LLC.
01247.0026/740766.2
C.8.a
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AGREEMENT FOR MAINTENANCE AND ON-CALL SERVICES
BETWEEN THE CITY OF GRAND TERRACE AND
ST. FRANCIS ELECTRIC,LLC.
This AGREEMENT FOR MAINTENANCE AND ON-CALL SERVICES BETWEEN
THE CITY OF GRAND TERRACE AND ST. FRANCIS ELECTRIC, LLC. (herein
Agreement") is made and entered into this 24th day of May 2022 by and between the City of
GRAND TERRACE,a California municipal corporation("City") and ST.FRANCIS ELECTRIC,
LLC., a California limited liability company("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 Arficle 1 of this Agreement and desire that the terms
ofthat performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW,THEREFORE,in consideration ofthe 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
1-
01247.0026/740766.2
C.8.a
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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 ofthe bid documents and this Agreement, the
terms ofthis 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 ofLabor 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 ofthe provisions ofDivision 2,Part 7,Chapter 1,Article 3 ofthe 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
1'/2)times the basic rate ofpay.
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 ifit 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 62--5-
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 ofwork 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 ofthe 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 ofthe 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 ofthe 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 ofwork 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 ofnames ofworkers,
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 ofthe 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 Twenty Thousand Dollars ($20,000) per year (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,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
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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
the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this
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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 ofthe 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,ifthe 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 ifin 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
three(3)years from the date hereof, except as otherwise provided in the Schedule of Performance
Exhibit"D"). The Contract Officer, on behalf of the City,may extend the term of this Agreement
in writing by two (2) terms of one (1) year each.
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 ofthis Agreement,policies ofinsurance ofthe 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 ofthis
Agreement and Contractor agrees to maintain continuous coverage through a period no less than
three(3)years after completion ofthe 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) Proofof insurance. Contractor shall provide certificates ofinsurance 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 ofthis 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.
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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 subro agtion. 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.
0) 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.
1) 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 parry 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 ofthe required liability
policies.
q) Additional insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds ofinsurance, 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 ofthis 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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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 ofdissolution 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 ofthis 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 parry 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 ofthis 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 ofaction it may have under Section 4 ofthe 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 ofany 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
ofthis 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 ofall 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 parry by reason ofthe 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
Konrad Bolowich, City Manager
ATTEST:
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE& R, LLP
Adrian R. Guerra, City Attorney
CONTRACTOR:
ST. FRANCIS ELECTRIC, LL-'.C._'
By:
Name: Andre..v or'
Title: V'i c e Prve s;glen T
By: A fNam . d n'.:
Title: Vice p.-,e
Address: `06-
c7cn Gil-_
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
A notary public or other officer completing this certificate verifies only the identity ofthe 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
On 3,2022 before me, sonally 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.
E" y iERESA RENEE FELDER
WITNESS m hand and official seal. r = Notary Public California0yAlamedaCounty
s Commission k 2338119
Signature:43_4--'_'''&k_ F My Comm.Expires Dec 13,2024
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 MA Ak-" UVc-ca_ 5Cry,
VI•Cp [g-3Z4'TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED fie/
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 ABOVE
01247.0026/740766.2
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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
COUNTY OF SAN BERNARDINO
On •3 ,2022 before me, rsonally appeared '07_A./ h ,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.
44 .T,S TERESA RENEE FELDER
WITNESS my hand and official seal.Notary Public.California z
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Alameda County
4Signature: p._,
Commission#2338119
o My Comm.Expires Dec 13,202
OPTIONAL
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prevent fraudulent reattachment of this form
CAPACITY CLAIlVIED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
yj rp— k-pia TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED Z y
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GUARDIAN/CONSERVATOR ZS rZZOTHERDATEOFDOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE
01247.0026n40766.2
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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" (as applicable).
U. 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.
III. 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.
01247.0026/740766.2 A-1
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EXHIBIT "A-1"
01247 00261740766.2
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TRAFFIC SIGNAL MAINTENANCE AND ON-CALL SERVICES
SCOPE OF SERVICES
Traffic Signal Maintenance
Contractor shall provide traffic signal maintenance services in the City of Grand Terrace,
Traffic Signal Maintenance Services") which shall include,but not be limited to, the following:
I.General Services
A. Comprehensive routine preventative maintenance program (as further
detailed in the Sample Preventative Maintenance Program) that includes: on-call
services and extraordinary maintenance for the City of Grand Terrace at signalized
intersections, synchronized signals and safety lights.
B. Provide preventative maintenance services on a monthly, quarterly, semi-
annual and annual basis
C. Design maintenance program to eliminate or reduce incidences of
malfunctions, complaints and extend the useful life of the City's traffic signal
equipment through monthly inspection, testing, record keeping, cleaning, repair
and replacement of equipment
D. Assign a Service Manager dedicated to the City of Grand Terrace who will
be responsible for maintaining communication with the City regarding operation
and maintenance of all traffic signal equipment
E. Notify the City of the scheduled dates for preventative maintenance prior to
performing the service
F. Note maintenance visits, findings and recommendations in an electronic
database and on the City's check list form. Send completed forms to the City each
month.
II. Monthly Inspections
A. The preventative maintenance program (as further detailed in the Sample
Preventative Maintenance Program) must include routine maintenance for traffic
signals, monthly inspection, cleaning of cabinets, cleaning and realignment of
signal indications, continuity checks, and the testing of the City's interconnect or
fiber optic system to maintain existing operation
B. Inspect, clean, adjust and make a routine inspection of each traffic signal
locations once per month.
C. Technicians must maintain a record of each controller cabinet showing the
date and time checked, and controllers will not be replaced, except for repair,
without prior approval of the City of Grand Terrace.
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D. Routine maintenance of safety lights will include one night-time inspection
each month, as well as the replacement of lamps, photocells,ballasts and standard
cobra fixtures within 5 working days of a notice of an outage.
III. Repair and Replacement
A. No upgrade work shall be commenced or undertaken unless authorized by
the City.
B. Repair or replace any and all defective parts of the signal system which
cause signal failure or malfunction,as the need arises,at the contract price for labor,
equipment and materials.
C. Contractor will work within a timely manner, notifying the City within
twenty-four (24) hours of the next working day when any equipment is replaced
with temporary replacements and pending permanent repairs.
IV. Traffic Signal Components
A. Repair, replace or otherwise render in good working condition defective
parts of the traffic signal control equipment with like make and model parts for
temporary and permanent replacements, except as individually agreed upon by the
City
B. Report defective or malfunctioning controller cabinet equipment to the City
for approval to make necessary changes, and record changes on the maintenance
log within the traffic signal controller cabinet.
C. Items no longer covered under the manufacturer's warranty will be repaired
or replaced with working parts.
D. Report to the City if a controller becomes obsolete or deteriorated to the
point of being beyond repair, and provide an estimate for the replacement of the
controller. Permanent replacement of the traffic signal controller will not be
completed without approval of the City
V. Loop Detector Replacement
A, Notify the City within 48 hours of discovering detector loop failures, and
prepare a written proposal with pricing to replace failed loops within 7 calendar
days of a receipt of a notice to proceed from the City.
VI. All Filters
A. Replace the air filter elements in all cabinets so equipped every six (6)
months in accordance with the organized schedule
VII. Conflict Monitor
0124700261740766.2
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A. Test conflict monitors using ATSI or equivalent conflict monitor tester on
an annual basis, and supply the City with a report for each test conducted.
B. Testing will take place on a schedule approved by the City Public Works
Director, or designee.
C. Repair or replace any conflict monitor that does not pass testing and bill as
extraordinary maintenance.
VIII. Night-time Inspections
A. Perform a night time inspection of all traffic signal safety lights and
illuminated street name signs located on major arterial roadways once per month.
Provide a report of outages found to the City and repair all outages within five (5)
business days.
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Extraordinary Maintenance/On-Call Services
I.In addition to the Traffic Signal Maintenance Services, Contractor shall provide
extraordinary maintenance ("Extraordinary Maintenance") and on-call services ("On-Call
Services"). Extraordinary Maintenance and On-Call Services includes, but are not limited
to, the following:
A. Repair damage relating to signal knockdowns,vandalism, or other activities
B. Repair damages from natural disasters
C. Repair of conduit and conductors damaged by construction activities
D. Complete intersection re-wire (scheduled and emergency)
E. Upgrade of equipment that has failed due to age or deterioration
F. Replace LED modules and pedestrian indications
G. Paint cabinet or signal head
H. Replace lenses, detectors, video detection cameras, CCTV cameras
I.Replace failed detector loops
J.Install interconnect
K. Respond to Underground Service Alert requests
L. Assist in inspection of new installations
II. On-Call Services 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. Within 3 hours of receiving a Request, the Contractor 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");
3.an explanation of how the cost was determined; and
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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.
IIl. Extraordinary Maintenance
A. If during the performance or Traffic Signal Maintenance Services or On-Call
Services, Contractor encounters a situation where Extraordinary Maintenance is
needed, Contractor shall immediately contact and advise the Director of Public
Works, or his or her designee, regarding the description and the need for
Extraordinary Maintenance. Thereafter, the City Manager, or his or her designee,
may request Extraordinary Maintenance utilizing the On-Call Services Request
Procedure described above.
B. If the City encounters a situation in which Extraordinary Maintenance is required,
it may request Extraordinary Maintenance utilizing the On-Call Services Request
Procedure described above.
C. Contractor shall not perform any Extraordinary Maintenance without the approval
of the Director of Public Works, or his or her designee.
IV. Contractor acknowledges that City has no obligation to request On-Call Services or
Extraordinary Maintenance from Contractor under this Agreement. City may establish a
rotation schedule with multiple consultants, and may seek competing Task Proposals.
01247.00261740766.2
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Sample Preventative Maintenance Program
The selected firm will be required to provide preventive maintenance for the traffic signal
equipment as listed in this Solicitation. The selected firm will be required to furnish and use
a preventive maintenance checklist form approved by the City for each inspection. The
selected firm will be required to provide one completed electronic copy of the maintenance,
checklist to the City following each inspection, to maintain a copy of the maintenance checklist
in the traffic signal controller cabinet, and to maintain a copy of the maintenance checklist
at the Contractor's office of records.
The selected firm will be required to follow a program of continuing comprehensive
maintenance designed to eliminate or reduce the incidence of malfunctions, reduce
complaints, and extend the useful life of the equipment. 'The program will include, but not
be restricted to, the following:
Routine Maintenance (Once a Month)
Preventive Maintenance (PM) Checklist Form: maintain a copy of the
Preventive Maintenance Checklist Form approved by the City at each traffic
signal. The PM Checklist Form will be completely filled out during each
maintenance inspection and during any time repairs are made to the traffic
signal controller or any related equipment in the controller cabinet or the signal
equipment at the intersection (detector loops, pedestrian heads, signal heads,
lenses, lamps and signal poles., etc.).
Controller Cabinet Mounting: Check the snugness of the nuts on the traffic
signal cabinet anchor bolts, tighten, if necessary, being sure not to distort the
cabinet door opening by over tightening.
Controller Cabinet Foundation Seal: If standing water or evidence of water is
present inside the bottom of the cabinet, check the seal between the bottom
of the foundation for deterioration, and to report the need to reseal the cabinet
foundation as necessary.
Door Gaskets: Check all door gaskets on the controller cabinet, service cabinet
and any other enclosures for evidence of moisture or deterioration. Report
the need to completely replace any gaskets showing signs of leaking or
deterioration.
Cabinet Vents: Check the vents in both the cabinet door and above the door,
or at the top of the cabinet to ensure that,they are free of any foreign material.
Air Filter: Vacuum, wash, replace or knock out any dust accumulated in air
filters. Take appropriate action based on the condition of the filter.
Cabinet Fan: Verify that cabinet fan(s) operate properly with a minimum of
noise.
Thermostat: Verify that the cabinet fan thermostat is set at 96 degrees.
Interior Light: Verify the proper operation of the cabinet's interior light.
Door Panel Harnesses: Check the harnesses leading from the main panel and
auxiliary panels on the cabinet door- to ensure they are not being pinched and
do not bind against the cabinet door. Adjust, if necessary.
Hinges and Locks: Check for free movement of all doors, latching assemblies
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and locks on the controller cabinet, service cabinet and any other enclosures.
Use a minimum of oil or spray lubricant and remove any excess.
Vacuum. Cabinet: Blow or brush off shelves, terminal blocks and components
and thoroughly vacuum the-interior of the cabinet.
Insect or Rodent Infestation: Check for signs of ants, wasps or other insects or
rodents within the cabinet. Use appropriate insect traps or powders if any
positive findings are discovered. More serious problems shall be reported to the
City.
Cabinet Grounding: Using appropriate equipment; check annually the resistance
between AC and ground.
Service Connections: Verify the neutral; ground and power connections are
secure in the controller and service cabinets.
Plug-In Components:Check that each plug=in component (rack mount detectors,
relays, load.switches, etc.) fits tightly and securely.
Ground Fault Receptacle: Verify the proper operation of 'Test" and "Reset"
buttons on GFCI type outlets.
Intersection Records: Ensure that all intersection cabinet wiring diagrams are
present and up to date.
Controller Operation:,Manually place vehicle and pedestrian calls on each phase
through the cabinet test switches or the. controller keypad, to verify controller
servicing of each active phase. Check controller-logs for any faults that have
occurred and snake note for the file. Verify signal timing is current with timing
sheet in. cabinet. Confirm controller time and.dates are correct. (Especially after
day light savings time change).
Conflict Monitor/Malfunction Management Unit: Verify time and dates are
correct in any CMU/MMU with an internal clock.
Detector Operation (inductive loops): Verify the detection zones for each
detector by observing the turn=on of-the appropriate detection indicator as a
vehicle passes over the detector loop(s). Check also that a call is placed on the
correct controller phase.
Detector Operation (video detection): Verify camera operation by monitoring the
vehicle call on the. video controller unit..Also, verify the calls going to the
detector call page in the controller.
Equipment Displays. and Indicators: Verify that all LED and LCD displays and
indications on all cabinet equipment are working properly.
Pre-Emption Devices: Test any pre-emption devices for proper operation.
System Telemetry: Check the operation of telemetry on controller display and
phone modern, if equipped, located in the cabinet. Report any malfunction
immediately.
Battery Backup System: Check battery backup display for AC IN, UPS
OUTPUT, and INVERTER indications. All should be on when utility power is
supplied to the cabinet. Also, check battery level and load level displays. Test
batteries quarterly. Make note if either is out of range. Keep records of events
recorded and total battery run time between maintenance checks to help
indicate problem intersections.
01247.00261740766.2
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Check all battery connections to ensure they are clean and secure.
Safety Lighting (Night Check): Institute a routine night time check of safety
lights and illuminated street name signs at all signalized intersections every
other month and submit a report and an estimate for any repairs necessary
to the City for approval.
Safety Lighting (Night Check): Includes but not limited 'to Safety Lighting
on Barton Road Bridge or any other Safety Street Lighting which the City of
Grand Terrace must maintained. Institute a routine nighttime check of safety
lights every other month and submit a report and an estimate for any repairs
necessary to the City for approval.
Intersection Walk-Around (included as a part of Routine Maintenance once every
two months):
General: Remove any easily removable, unauthorized signs, stickers and
posters_and note any graffiti existing on signal poles or equipment. Notify
City of any graffiti observed on traffic signal equipment.
Signal Heads: Verify that all vehicle and pedestrian heads properly display
all indications and the signals are not damaged. Verify the alignment of all
heads to the intended direction. Verify that all back plates, visors and doors
are visibly secure. Report any landscaping, that restricts the view of signal
heads to the City (Signal heads should be visible from .250 feet). Labor and
material costs to replace malfunctioning displays with Caltrans approved LED
units will be paid in addition to the established flat rate fee per intersection.
Pedestrian Equipment: Check all pedestrian push buttons(and bicycle push
buttons where provided) and signals by hand to ensure that they are securely
mounted and operating properly. Replace damaged or malfunctioning
buttons with larger size ADA type buttons as necessary.
Internally illuminated street name signs (IISNS): Verify that the IISNS
is adequately connected to frame, clamp and brackets, and no panel is
broken or missing.
Miscellaneous: Check all detector loops for sealant deterioration, exposed
wire, etc.
Semi-Annual Maintenance:
Uninterrupted Power Supply (Backup) System:
1. Load-test all batteries .and record on paper and with silver marking pen
on each battery the date and load test results.
2. Perform 15 minute test.
3. Verify bypass switch is operating properly
4. Verify unit is set for 50% fully operational and 50% red flash.
5. Inspect and test battery charging system.
Video Detection System: Clean and polish video detection camera lenses
and service power supply cable.
Signal Lenses and Signs: Clean and polish all signal lenses and reflectors,
align all signal heads and adjust all mast arm mounted street name signs.
01247.00261740766.2
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Terminal Connections Test,,semi-annually or following any wiring repair,
each terminal screw by backing off slightly then,retightening to confirm, that
it.is secure.
Check all pull boxes for structural defects, insect or rodent infestations, and
properly secured lids.
Verify timing charts to controllers. If they are .not correct contact City staff
to verify differences.
Report significant areas of rust .on cabinet exterior and signal .poles to City
staff,..
Records:
Intersection Records
a) Inventory List: Maintain an inventory list of the equipment in. the controller
cabinet at each location. The inventory list shall include the model,'manufacture,
serial number and quantity of each piece of equipment and 'installation .date.
The inventory list shall be continually updated and a copy shall be furnished to
the City every six months.
b) Preventive Maintenance (PM) Checklist Form:Maintain a copy of the Preventive
Maintenance-Checklist Form approved by the City at each intersection. The
PM checklist form shall be completely filled out during each routine
maintenance inspection and during any time repairs are made to the controller
or any related equipment in the controller cabinet or the signal equipment at
the intersection (detector loops, pedestrian heads, signal heads, lenses, lamps
and signal poles, etc.).
Monthly Activity Report
Provide a computerized monthly activity report to the City by the fifteenth working
day of each month for the previous month. The report shall be provided both .as a
printout and as a Microsoft Excel Spreadsheet compatible computer:file transmitted
by e-mail or on a media storage unit (CD or Flash Drive) and shall include the
following:
a) Time the service calls were received, time arrived at the intersection, the
response time, the number of hours spent.for each repair, materials used, and
a special listing of intersections with three or more calls in one month.
b) A complete record of all work.that was performed on the traffic signal equipment
during the previous month including the make, model, and serial number of
any major components or other equipment that was newly installed at each.
intersection.
c) Time'and date the PM work was performed.
Pending Repair List
01247.00261740766.2
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Provide a monthly report of all pending repair work needed at each intersection.
Compensation for all routine "Preventive Maintenance" work identified above will
be paid at an established flat rate fee per intersection for those intersections
maintained in any given month, in accordance with the Cost Proposal, Schedule
A, included in this Solicitation and completed and returned by-the selected firm in
its Proposal. (For clarification, each intersection will be billed to the City no more
than once every other month for routine preventive maintenance activities.) No
additional or separate payment will be made for labor and materials, vehicles,
equipment, or for daily travel time from the selected firm's base of operations to
the City. The flat rate fee per intersection represents total compensation for all
routine preventive maintenance work as described herein, unless.additional or
separate payment for repairs or unscheduled/emergency work is otherwise
authorized.
Special Note: The selected firm will be required to assign a. sufficient number of
traffic signal technicians to the City as may be necessary to provide routine
Preventive Maintenance" to each traffic signal, as described in this Solicitation.
The City expects traffic signal technicians to be regularly assigned to the City as
necessary to provide routine preventive maintenance,. and to respond to
u nscheduled/emergency work (".Extra Work") during regular working hours (8:00 AM
to 5:00 PM, Monday through Friday). An inability to provide maintenance to each
traffic signal. every other month may cause the selected firm to be subject to
liquidated damages.
Traffic Signal Interconnect Systems
Provide a quarterly (i.e., every three months) systems .check to ensure traffic signal
interconnect systems function in accordance with the timing plans. Investigate and
determine causes for any performance issues (e.g., faulty pedestrian bush buttons,
faulty vehicle detection, faulty communication, etc.), and recommend appropriate
repairs necessary for system operation in accordance with the timing plan'. Repairs
necessary to improve the function of traffic signal interconnect systems shall be
compensated as "Extra Work".
Special Note: Maintenance of the traffic signal interconnects systems is a critical
component of the City's desired services. The selected firm will be required to
have qualified traffic signal technicians that have demonstrated experience in
maintaining traffic signal interconnect systems, with a proven ability to troubleshoot
and diagnose problems with the efficient operation of these systems.
Compensation for all traffic signal interconnect systems maintenance work
identified above will be considered as included the established flat rate fee paid per
intersection for routine "Preventive Maintenance"work, in accordance with the Cost
Proposal, Schedule A, included in this Solicitation and completed and returned by
the selected firm in its Proposal. No additional or separate payment will be made
for monitoring the function .and operation of traffic signal interconnects systems.
Compensation for any necessary repairs to traffic signal interconnect systems will
be paid as "Extra Work".
01247.00261740766.2
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Underground Service Alert (Dig Alert) Monitoring
The selected firm will be required to adequately .mark all traffic signal conduit and
equipment on behalf of the City in accordance with California Government Code.
Section 4216 et seq. The City's designated representative will monitor notifications
submitted by Underground Service Alert (USA) to the City, and will furnish
applicable notifications to a representative of the.selected firm to coordinate the
marking of any signalized intersections that may be scheduled for construction
work or excavations as evidenced by notification from USA. The selected firm shall
establish a process for monitoring and tracking the marking of any affected
intersections; an intersection record log shall be created, with the USA notification
and corresponding action noted in the controller, with a copy provided to the City.
The selected firm shall assume all liability for satisfying the City's obligations to
adequately identify underground structures in accordance with this law.
Compensation for providing USA —Dig Alert services identified above will be paid at a flat
rate per occurrence in accordance with the Cost Proposal; Schedule A, included in this
Solicitation and completed and returned by-the selected firm -in its Proposal. No additional or
separate payment will be made for daily travel time from the selected firm's base of operations
to the City.
0124R0026/740766.2
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EXHIBIT "B"
SPECIAL REQUIREMENTS
Superseding Contract Boilerplate)
01247 00261740766.2
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EXHIBIT "C"
SCHEDULE OF COMPENSATION
I.Contractor shall be compensated $6,690.60 per year for the performance of Traffic Signal
Maintenance Services as shown in the"Base Bid" section of the Bid Schedule provided in
Exhibit C-1.
II. Contractor shall perform On-Call Services and Extraordinary Maintenance at the rates
provided in the "Additive Bid — Labor and Equipment Rates" and "Additive Bid —
Additional Work"sections ofthe Bid Schedule provided in Exhibit C-1.However,the City
does not expressly or by implication agree that the actual amount ofwork 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 Contract
Officer. Payment will be based upon the actual quantities installed or constructed,
unless otherwise specified.
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 $20,000 per year as provided in
Section 2.1 of this Agreement.
01247.0026/740766.2
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EXHIBIT C-1
BID SCHEDULE
01247.00261740766.2
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1
BID SCHEDULE
FOR
TRAFFIC SIGNAL MAINTENANCE AND ON-CALL EMERGENCY SERVICES
BIDDER: ---- = St. Francis Electric, LLC.
Company Name)
BASE_ BID
ITEM ESTIMATED' UNIT
NO._ DESCRIPTION OF ITEMS - --QUANTITY-' -UNIT-PRICE IN WORDS- -- PRICE TOTAL COST
S' One Dollars and- ; -- - -
1 Routine Maintenance a 9 61.95 $557.55
Ninel .-Five Cents
MONTHLY TOTAL Five Hundred Fifty-Seven- - 557.55
Dollarsand Fifty-Five Cen s-
ANNUAL TOTAL Six Thousand Six Hundr d
6,690.60fine ,Dollars and Six C nts
TOTAL BASE BID!
Six Thousand Six Hundred Ninety Dollars and Sixty Cents
WORDS) -
600.60
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.
ADDITIVE BID -LABOR AND EQUIPMENT RATES
ITEM
NO. DESCRIPTION OF ITEMS REGULAR-TIME OVERTIME
1. Labor Hourly Rates N/A N/A
la. Traffic Signal Maintenance Technician 102.00 139.00
1 b. Laborer 98.00 135.00
1c. Licensed Senior Traffic Engineer 275.00 375.00
1d. Licensed Associate Traffic Engineer 250.00 350.00
le. Traffic Engineering Technician 200.00 300.00
1f. Traffic Signal and Safety Light 102.00 139.00Inspector
C-5
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2. Equipment Hourly Rates, N/A N/A
2a. Bucket Truck 33.00 33.00
2b. Crane Truck 99.00 99.00
ADDITIVE BID-ADDITIONAL WORK.
ITEM UNIT PRICE IN
NO. . __DESCRIPTION OF ITEMS UNIT WORDS UNIT PRICE
Clean and Paint Traffic
Each .
Three Hundred
1. Signal Head and Twenty-Five Dolla's $325.00
Framework
Clean and Paint Five Hundred2. Controller and Service Each 550.00
Cabinet Fifty Dollars
Clean and Paint One HundredIPedestrianButtonsandEach 150.00FiftyDollarsFramework
4 Replace Type A Detector Per Eight Hundred soo.00Loop (1 to 6 loops) goo- Dollars
5 Replace Type.A Detector Per Six Hundred 600.00Loop (.7 or more loops) Loop Dollars
6. Replace Type D Detector ;
Per :Eight Hundred
850.00Loop (1 to 6 loops) LOOP Fife Dollars
Replace Type D Detector
Per Six Hundred
Loop,(7 or more loops) WO .Fift Dollars 650.00
G
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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. Further, Contractor shall perform all work timely and in
accordance with a Project Schedule to be developed by Contractor and the Contract Officer
and subject to written approval by the Contract Officer.
II. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
01247.00261740766.2
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01247.0006/867989.1
AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF GRAND TERRACE AND ST. FRANCIS ELECTRIC FOR
MAINTENANCE AND ON-CALL SERVICES
This AMENDMENT NO. 1 TO THE AGREEMENT FOR CONTRACT SERVICES BY
AND BETWEEN THE CITY OF GRAND TERRACE AND ST. FRANCIS ELECTRIC FOR
MAINTENANCE AND ON-CALL SERVICES (“Amendment No. 1”) by and between the CITY
OF GRAND TERRACE (“City”) and ST. FRANCIS ELECTRIC, a California corporation
(“Consultant”) is effective as of the 28th day of March, 2023.
RECITALS
A. The City and Consultant entered into that certain Agreement for Contract Services
By and Between the City of Grand Terrace and St. Francis Electric for maintenance and on-call
services, dated May 24, 2022, with a total compensation of $60,000, and for a term of 3 years that
may be extended by the City for two terms by 1 year (“Agreement”).
B. By this Amendment NO. 1, the City and Consultant desire to amend the total
compensation of the Agreement from $20,000 per year to $60,000 total, removing the yearly
limitation.
TERMS
1. Contract Amendments. The Agreement is amended as provided herein:
1.1 Section 2.1 (Contract Sum) is hereby amended as follows (strikethrough
represents deleted language while bold italics represents added language):
“Subject to any limitation 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 Twenty Thousand
Dollars ($20,000) per year Sixty Thousand Dollars and No Cents ($60,000) (the
“Contract Sum”), unless additional compensation is approved pursuant to Section
1.8.”
1.2 Section V of Exhibit “C” (Schedule of Compensation) is hereby amended
in its entirety and shall now read as follows (strikethrough represents deleted language while bold
italics represents added language):
“The total compensation for the Services shall not exceed $20,000 per year Sixty
Thousand Dollars and No Cents ($60,000) for the term of this Agreement, as
provided in Section 2.1 of this Agreement.”
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, whenever the term “Agreement” appears in the Agreement, it
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01247.0006/867989.1
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.
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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01247.0006/867989.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment NO. 1 on
the date and year first-above written.
CITY:
CITY OF GRAND TERRACE,
a municipal corporation
___________________________
Bill Hussey, Mayor
ATTEST:
___________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_______________________
Adrian R. Guerra, City Attorney
CONSULTANT:
ST. FRANCIS ELECTRIC,
a Colorado corporation
By:
Name:
Title:
By:
Name:
Title:
Address: 975 Carden St,
San Leandro, CA 94577
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.
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01247.0006/867989.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2023 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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01247.0006/867989.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2023 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.8.b
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AGENDA REPORT
MEETING DATE: March 28, 2023 Council Item
TITLE: Fund Appropriation for Replacement of Gasoline Powered
Senior Bus
PRESENTED BY: Shanita Tillman, Senior Management Analyst
RECOMMENDATION: Appropriation of AQMD funds (Fund 15) in the amount of
$11,000, the appropriation of $107,000.00 is needed from
the General Fund account 65-425-700-001-000 to fund the
remaining balance of the electric bus that is not covered by
the VW Environmental Mitigation Trust Grant or AQMD.
BACKGROUND:
Over the past few years, the City of Grand Terrace has pursued two grants
(Volkswagen Environmental Mitigation Trust and Omnitrans/Green Commuter) to
replace the Blue Mountain Silver Liner Bus.
Currently, the City operates one gasoline-powered bus driven by one bus driver to
transport seniors around the City. There was interest in replacing the existing bus with
an electric-powered bus.
On January 25, 2022, Council approved proceeding with the selection of the
Volkswagen Environmental Mitigation Trust Grant for the purchase of an electric bus.
On February 28, 2023, Council approved the FY2022-23 Mid-Year & Year-End Budget
Review which indicated the request to purchase the electric senior bus.
DISCUSSION:
VW Mitigation Trust Fund Electric Bus Grant
The maximum grant award of $160,000 aids the City in securing one new electric
shuttle bus for the Senior Transportation Program. This grant does not provide a
charger for the bus, but the current charging stations on-site would be compatible with
the electric bus acquired, and the grant requires the City to scrap the existing bus. The
VW grant does not include the cost of bus maintenance. Staff recommends the
appropriation of funds to finance the purchase of the electric bus.
Fiscal Impact
Fund Description Amount
REVENUES
65-400-30 Volkswagen Grant $160,000
65-800-10 General Fund transfer to Fund 65 $107,000
65-800-15 AQMD Fund transfer to Fund 65 $11,000
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$278,000
FundDescription
Amount
REVENUES
65-425-700-001 Electric Senior Bus $278,000
Appropriation of AQMD funds in the amount of $11,000, the appropriation of $107,000
from the General Fund to finance the remaining balance of the electric bus that is not
covered by the VW Environmental Mitigation Trust grant or AQMD.
APPROVALS:
Shanita Tillman Completed 03/17/2023 4:10 PM
Finance Completed 03/20/2023 11:09 AM
City Manager Completed 03/20/2023 11:12 AM
City Council Pending 03/28/2023 6:00 PM
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AGENDA REPORT
MEETING DATE: March 28, 2023 Council Item
TITLE: Second Reading and Adoption of an Ordinance of the City
Council of Grand Terrace, California, Amending Title 18 of
the Grand Terrace Municipal Code, Establishing Objective
Design Standards for Multi-Family Housing and Mixed Use
Developments
PRESENTED BY: Haide Aguirre, Senior Planner
RECOMMENDATION: 1. Direct the City Attorney to Read the title of the
Ordinance, waive further reading, and adopt AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, STATE OF CALIFORNIA, FINDING
ZONING CODE AMENDMENT 22-03 IS EXEMPT FROM
CEQA PURSUANT TO SECTION 15061(B)(3) AND
AMENDING TITLE 18 OF THE GRAND TERRACE
MUNICIPAL CODE BY ADDING CHAPTER 18.64
ESTABLISHING OBJECTIVE DESIGN STANDARD
REQUIREMENTS
2030 VISION STATEMENT:
This staff report supports our Mission Statement, to preserve and protect our community
and its exceptional quality of life through thoughtful planning, within the constraints of
fiscally responsible government; and
Goal No. 3, to promote economic development by updating zoning and development
codes in preparation of future development.
BACKGROUND:
The City of Grand Terrace desires to establish Objective Design Standard requirements
in accordance with Senate Bill 35 (SB 35) and Senate Bill 330 (SB 330).
These objective design standards intend to respond to State law by making changes to
the zoning Ordinance (Title 18) establishing Chapter 18.64 Objective Design Standards
(Attachment A).
The proposed Objective Design Standards (“ODS”) will supplement the City’s existing
development standards as outlined in each zoning district. The regulations do not affect
or change allowable land use types and do not replace individual zoning district
development standards established for lot size, setbacks, lot coverage, building height,
etc. The process to review and approve development projects relying upon
implementation of these standards aligns with the State requirements that the City
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adopt a ministerial review and approval process for multifamily residential development
and mixed-use development with a residential component comprising at least two-thirds
of the project.
In addition, the proposed ODS contain standards for sustainable design, building
design, site design, and establishes the procedures for conducting ministerial design
review, including provisions that allows for discretionary review of a project by the
Planning Commission should an applicant choose to deviate from the established
standards.
On May 19, 2022, the Planning Commission received a presentation introducing the
proposed ODS requirements and on June 16, 2022, a joint Special Workshop Meeting
was held by the City Council and Planning Commission/Site and Architecture Review
Board to provide feedback to staff.
On January 19, 2023, the Planning Commission/Site and Architecture Review Board
conducted a duly noticed public hearing and voted unanimously 5-0 adopting a
Resolution recommending City Council adoption.
The Planning Commission recommendation included a couple of additional provisions:
1. Compliance with San Bernardino County Fire; and
2. Directed staff to include additional requirements to mitigate privacy issues. Multi-
family residential units have limited privacy due to the type of development;
however, a 10-foot landscaping setback has been included requiring vertical
evergreen trees at a minimum height of 20-feet, and maximum spacing of 10-feet
on-center at installation to provide landscape privacy screening to adjacent
existing residential development.
On Tuesday, February 14, 2023, the City Council conducted a duly noticed public
hearing and voted unanimously 4-0 to continue this item and directed staff to hold an
additional ODS community workshop.
A community workshop was scheduled for Tuesday, March 14, 2023, from 4:00 p.m. to
6:00 p.m. in the Council Chamber. The ODS workshop flyer was posted in the city’s
kiosk, on the city’s Website, Facebook, Twitter, and e-mail blast. In addition, the ODS
workshop flyer was printed in the local adjudicated newspaper on March 2, 2023, and
March 9, 2023.
On Tuesday, March 14, 2023, the City Council continued the duly noticed Public
Hearing and voted unanimously 4-0 adopting an Ordinance amending Title 18
establishing Chapter 18.64 - Objective Design Standards.
No changes have been made to the proposed Ordinance since its introduction. The
Ordinance is now ready for second reading and adoption by the City Council.
ENVIRONMENTAL:
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The proposed zoning code amendment is exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines, Section 15061(b)(3), which states
the activity is covered by the general rule that CEQA applies only to projects [that] have
the potential for causing a significant effect on the environment. Where it can be seen
with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA. Amending the
Grand Terrace Code to include Objective Design Standards (ODS) would not result in
any environmental impacts. Future development projects subject to the proposed
ordinance would be reviewed for potential environmental impacts.
FISCAL IMPACT:
There will be no expenditure on the part of the city to adopt this ordinance.
ATTACHMENTS:
• Ord No. 348 - Objective Design Standards (DOC)
• Exhibit_ Grand Terrace Draft ODS (DOCX)
APPROVALS:
Haide Aguirre Completed 03/16/2023 10:36 AM
City Manager Completed 03/23/2023 12:06 PM
City Council Pending 03/28/2023 6:00 PM
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ORDINANCE NO. 348
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, STATE OF CALIFORNIA, FINDING ZONING CODE
AMENDMENT 22-03 IS EXEMPT FROM CEQA PURSUANT TO SECTION
15061(B)(3) AND AMENDING TITLE 18 OF THE GRAND TERRACE
MUNICIPAL CODE BY ADDING CHAPTER 18.64 ESTABLISHING
OBJECTIVE DESIGN STANDARD REQUIREMENTS
WHEREAS, the City of Grand Terrace (“City”) adopted a zoning code, which has
been amended from time to time; and
WHEREAS, pursuant to Sections 65800 and 65850 of the California Government
Code, the City may adopt ordinances to regulate the use of buildings in compliance with the
California Government Code; and
WHEREAS, the proposed Zone Code Amendment 22-03 to the Municipal Code is
consistent with the goals and policies of the City of Grand Terrace General Plan; and
WHEREAS, this Ordinance proposes to amend the Municipal Code, Title 18
(Zoning), Chapter 18.64 establishing Objective Design Standard requirements as provided
in Zone Code Amendment 22-03, which is attached hereto and incorporated herein by this
reference as Exhibit A; and
WHEREAS, the City Council has determined that Objective Design Standards meet
the intent of Assembly Bill 35 to streamline the review process for multi-family residential
projects while maintaining high development standards; and
WHEREAS, pursuant to Chapter 18.90 (Amendments) of the City of Grand Terrace
Municipal Code, the City Council shall hold a public hearing on any proposed amendment
to the Zoning Code; and
WHEREAS, Zoning Code Amendment 22-03 is exempt from California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) which states the activity
is covered by the general rule that CEQA applies only to projects [that] have the potential
for causing a significant effect on the environment. Where it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA. Amending the Grand Terrace Municipal
Code to include objective design standards would not result in any significant
environmental impacts due to the narrow scope of the project; and
WHEREAS, on May 19, 2022, the Planning Commission received a presentation
introducing the proposed Objective Design Standard requirements and provided comments
to staff; and
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WHEREAS, on June 16, 2022, the Grand Terrace City Council and Planning
Commission/Site and Architectural Review Board (“Planning Commission”) conducted a
joint workshop discussing Objective Design Standard requirements providing comments to
staff; and
WHEREAS, on January 19, 2023, the Grand Terrace Planning Commission
conducted a duly noticed public hearing at a regular meeting of the Planning Commission
on Zoning Code Amendment 22-03 at the Grand Terrace City Hall Council Chamber
located at 22795 Barton Road, Grand Terrace, California and concluded the hearing by
adopting a Resolution recommending 5-0 that the City Council determine that this
Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) and approve this
Ordinance establishing Objective Design Standard requirements; and
WHEREAS, on February 14, 2023, the Grand Terrace City Council conducted a duly
noticed public hearing on Zoning Code Amendment 22-03 at the Grand Terrace Council
Chamber located at 22795 Barton Road, Grand Terrace, California 92313 and voted
unanimously 4-0 to continue the hearing and directed staff to schedule a Community
Workshop; and
WHEREAS, on March 14, 2023, a Community Workshop was held from 4:00 p.m. to
6:00 p.m. at the Council Chamber located at 22795 Barton Road, Grand Terrace, California
on Zoning Code Amendment 22-03 proposing Objective Design Standards. The Objective
Design Standards workshop flyer was posted in the city’s kiosk, on the city’s Website,
Facebook, Twitter, and e-mail blast. In addition, the Objective Design Standards workshop
flyer was printed in the local adjudicated newspaper on March 2, 2023, and March 9, 2023;
and
WHEREAS, on March 14, 2023, the Grand Terrace City Council conducted a duly
noticed public hearing at the regular meeting on Zoning Code Amendment 22-03 at the
Grand Terrace City Hall Council Chamber located at 22795 Barton Road, Grand Terrace,
California and concluded the hearing and voting unanimously 4-0 to adopt a Resolution on
March 14, 2023, and to conduct a second reading on March 28, 2023; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all the facts set forth in
the above Recitals, are true and correct and, further, incorporated such facts herein.
SECTION 2. Based upon the forgoing and all oral and written testimony by members
of the public and City staff (including, but not limited to, staff reports and attachments)
made at the public hearing, the City Council hereby finds that the Project is not subject to
environmental review pursuant to Section 15061(b)(3) of Title 14 of the California Code of
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Regulations because the revisions are regulatory in nature and will not in themselves
create impacts to the environment.
SECTION 3. Based upon the forgoing and all oral and written testimony by members
of the public and City staff (including, but not limited to, staff reports and attachments)
made at the public hearing, the City Council specifically finds as follows:
1. Zoning Code Amendment 22-03 will not be detrimental to the health, safety,
morals, comfort, or general welfare of the persons residing or working within
the City because these amendments establish “Objective Design Standard”
requirements that will support State requirements to provide ministerial review
on multi-family projects and mixed-use development while preserving the
architectural standards to create and promote visual character of the
community and protecting the quality of life of residents and visitors.
2. Zoning Code Amendment 22-03 is consistent with the General Plan and the
Municipal Code because these amendments establish “Objective Design
Standard” requirements that support the goals and policies of the General Plan
programs and policies that will preserve and enhance the quality and character
of the city, encourage street oriented mixed-use and multi-family residential
projects while maintaining the highest standards to provide development that
will enhance the surrounding development.
3. Zoning Code Amendment 22-03 will not be injurious to property or
improvements in the neighborhood or within the city. The establishment of
“Objective Design Standards” create a set of requirements that maintain high
quality of design and construction for multi-family and mixed-use development.
The Objective Design Standard requirements will allow the construction of
high-density development that will revitalize the city’s image and enhance the
visual character of the community as well as curb the negative impacts of
multi-family and mixed-use developments in general.
SECTION 4. Based upon the forgoing and all oral and written testimony by members
of the public and City staff (including, but not limited to, staff reports and attachments)
made at the public hearing, the City Council finds this Ordinance, adopting Objective
Design Standards 22-03, is exempt from CEQA pursuant to section 15061(b)(3).
SECTION 5. Based upon the forgoing and all oral and written testimony by members
of the public and City staff (including, but not limited to, staff reports and attachments)
made at the public hearing, the City Council hereby amends Title 18 (Zoning) of the Grand
Terrace Municipal Code as provided in Exhibit A, attached hereto and incorporated herein
by reference.
SECTION 6. Inconsistencies. Any provision of the Grand Terrace Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such
C.10.a
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inconsistencies and no further, is hereby repealed or modified to that extent necessary to
affect the provisions of this Ordinance.
SECTION 7. Severability. Should any provision of this Ordinance, or its application
to any person or circumstance, be determined by a court of competent jurisdiction to be
unlawful, unenforceable or otherwise void, that determination shall have no effect on any
other provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable. The City Council of the
City of Grand Terrace declares that it would have adopted all the provisions of this
Ordinance that remain valid if any provisions of this Ordinance are declared invalid.
SECTION 8. Effective Date. This Ordinance shall become effective thirty (30) days
from and after its adoption.
SECTION 9. First read at a regular meeting of the City Council held on the 14th day of
March 2023, and adopted the Ordinance after the second reading at a regular meeting held
on the 28th day of March 2023.
SECTION 10. Certification. The Mayor shall sign, and the City Clerk shall certify to
the passage and adoption of this Ordinance and shall cause the same to be published and
posted pursuant to the provisions of law in that regard and this Ordinance shall take effect
30 days after its final passage.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 28th day of March 2023.
__________________________
Bill Hussey, Mayor
ATTEST:
Debra L. Thomas City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra City Attorney
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Exhibit A
Chapter 18.64
OBJECTIVE DESIGN
STANDARDS
Sections:
18.64.010 Purpose, Intent and Applicability
18.64.020 Other Standards and Requirements
18.64.030 Definitions
18.64.040 Sustainable Design
18.64.050 Building Design
18.64.060 Site Design
18.64.070 Additional Standards
18.64.080 Additional Mixed Use Standards
18.64.090 Permits and Approvals
18.64.010 Purpose, Intent and Applicability
This chapter is intended to implement the provisions consistent with Senate Bill No. 35 and
Senate Bill 330, Government Code Sections 65400
A. Purpose. The purpose of this Chapter is to establish design standards that are
objective for multifamily residential development and mixed-use development with a
residential component to ensure that such development is attractively designed,
maintains positive aesthetic characteristics, and to provide property owners and
developers with predictable design approval standards for such development. The
standards established in this Chapter are supplemental to the development standards
applicable to multifamily residential development and mixed-use development as
established within the Municipal Code for each zoning district allowing such use.
This Chapter also establishes conditions and procedures for processing streamlined
housing projects consistent with Government Code Section 65913.4.
B. Intent. It is the intent of this Chapter to provide design standards that are
objective while also ensuring that the City’s requirements for quality design of
multifamily residential development and mixed-use development with a
residential component are satisfied. These design expectations are to be applied
uniformly, and without discretion, to enhance the built environment within the
City for both affordable and market-rate multifamily residential development.
C. Applicability. The provisions of this Chapter apply to all multifamily residential
developments and mixed-use development with a residential component as defined
herein. Regarding the permitting process in particular, any application that complies
with all provisions of this Chapter and regulations of the applicable zoning district
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shall be eligible for a ministerial review process, as set forth in Section 18.64.080
(Permits and Approval). When an applicant elects to deviate from the objective
design standards set forth in this Chapter, a ministerial review process
shall not apply and the development application shall be subject to any required
discretionary application types, review and approvals as set forth in Chapter 18.63 (Site
and Architectural Review).
18.64.020 Other Standards and Requirements
A. Zoning and Development Standards. A multifamily residential development or
mixed-use development with a residential component that is designed in
conformance with this Chapter shall also comply with all development standards
and regulations of the designated zoning district and other applicable provisions
of Title 18 (Zoning).
B. Subdivision Regulations. A multifamily residential development or mixed-use
development with a residential component that is designed in conformance with this
Chapter that requires the approval of a subdivision action in order to establish a legal
building site for such development, shall comply with all applicable requirements of
Title 17 (Subdivisions).
C. Building/Fire Codes. A multifamily residential development or mixed-use
development project with a residential component that is designed in conformance
with this Chapter shall also comply with all applicable regulations of Title 15
(Buildings and Construction), including but not limited to plan check review, permit
issuance and applicable fees. Projects must comply with San Bernardino County Fire
submittal and review requirements.
D. California Environmental Quality Act (CEQA). A multifamily residential
development or mixed-use development project with a residential component that is
designed in conformance with this Chapter, qualifying for a ministerial review
process, shall be considered exempt from CEQA pursuant to Government Code
Section 65913.4. This exemption does not preclude a determination by the City that
certain technical reports (e.g., stormwater quality management plan, water and sewer
studies, traffic studies, noise studies, parking studies, biological survey, historical
survey) are required as part of the standard submittal checklist established by the
Director, or as required through the imposition of standard conditions of approval.
Any required technical reports shall conform to City requirements established for such
reports. Projects that do not qualify for a ministerial review process shall be reviewed in
compliance with the applicable CEQA guidelines for discretionary application types.
18.64.030 Definitions
For purpose of this chapter, the following terms shall be defined as follows:
A. “Multifamily Residential Development” means a building(s) with two or more
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attached residential units. It also includes a mixed-use development with a
residential use as defined herein. This term does not apply to accessory dwelling
units generally unless the application is for new construction of a single-family
home with an attached accessory dwelling unit.
B. “Mixed-Use Development” means a building(s) and site where at least two-thirds
(2/3) of the square footage of the building(s) shall be designated for residential use.
The two-thirds (2/3) calculation is based upon the ratio of gross square floor area
(square feet) of residential units and related residential facilities to gross building(s)
floor area (square feet) for the nonresidential use, such as commercial. Buildings that
include both residential and nonresidential uses shall be credited proportionate to the
intended use. The calculations of building(s) square footage shall not include non-
conditioned building floor area or below-grade floor area, such as basements, or
underground parking garages.
C. “Ministerial Review Process” means a process for development approval
involving little or no personal judgment by the City as to the wisdom or manner
of carrying out the project. The ministerial review process simply ensures that
the proposed development meets all the requirements of this Chapter.
D. “Objective Design Standards” are defined in Government Code Sections 65913.4
and 66300 (a)(7) to mean that no personal or subjective judgment is used by the
City. The standards are uniformly verifiable by reference to an external and
uniform benchmark or criterion available and knowable by both the development
applicant/proponent of the project and City prior to submittal of a development
application.
18.64.040 Sustainable Design
A. LEED Platinum Requirement. For the purposes of this Chapter, all multifamily
residential buildings and sites and mixed-use buildings and sites with a residential
use shall demonstrate that the application qualifies for the “Platinum Level
Certification,” or an equivalent standard as defined by the Leadership in Energy and
Environmental Design (LEED) of the United States Green Building Council. Plans
and/or supplemental specifications shall be provided at the time an application is
submitted for preliminary or formal review as required by City application
forms/checklists as established by the Director.
B. Water Efficient Landscape Requirement. For the purposes of this Chapter, all
multifamily residential development and mixed-use development with a residential
use shall demonstrate that the application is in compliance with all applicable
requirements by the Riverside Highland Water Company and compliance with the
City’s Water Efficient Landscape regulations in Chapter 15.56. The landscaping
application shall demonstrate conformance with the latest Model Water Efficient
Landscape Ordinance (MWELO) guidelines by the California Department of Water
Resources. Plans and/or supplemental specifications shall be provided at the time an
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application is submitted for preliminary or formal review as required by City
application forms/ checklists established by the Director.
18.64.050 Building Design
Unless otherwise noted, development shall comply with the Municipal Code design
development standard requirements of the underlining zoned district in which they are
located, including but not limited to front setback requirements, distance between buildings,
required height, and lot coverage.
A. Residential Entries. The following standards apply to first floor street or publicly
accessible common open space-facing façades of residential or mixed-use buildings. The
primary orientation of a building or unit entrance in multifamily residential site shall be
designed in accordance with the following standards:
1. Street-oriented Entries. Buildings fronting a public street shall have a primary
residential door entrance oriented to the public street or oriented to within 45
degrees of the line parallel to a public street intersection as illustrated in Figure
18.64.050A. Direct and unobstructed universal access shall be provided between the
public sidewalk and the residential primary building entrance. Where a site is
located on two or more public streets, the primary building first floor residential
entry shall be oriented toward the street with the highest roadway classification as
defined in the Circulation Element of the Grand Terrace General Plan. If a multi-
family site fronts two public streets of equal roadway classification, either street
frontage may be used to meet the entry standard.
2. Individual Residential Unit Entries. Multi-family residential buildings with exterior
residential unit entries shall front and be setback a minimum of ten (10) feet from
the public sidewalk. Entries shall be linked to the public sidewalk with a ten (10)
foot minimum width access walkway, ramp, and/or stairs as illustrated in Figure
18.64.050 A.
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3. Common Open Space-oriented Entries. Multi-family residential building primary
entries are permitted to be located at the first floor and directly accessible from
publicly accessible common open space paseos, courtyards, plazas, or a street
fronting residential setback as illustrated in Figure 18.64.050B. Common open space
entries shall have direct sightlines and continuous and unobstructed universal access
sidewalk routes between the entries and the street public sidewalk.
4. Exterior Multiple Unit Entries. Residential entrances serving multiple units shall be
accessed from a first floor lobby or stairwell that is linked to a public sidewalk,
publicly accessible open space, or residential front setback. Exterior entrances to
individual units on upper floors utilizing an exterior access corridor visible and/or
connecting to a public street shall serve a maximum of four units and shall be
recessed with a minimum depth of ten (10) feet as illustrated in Figure 18.64.050 B.
C.10.b
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B. Modulation and Articulation. The massing and articulation of buildings in multifamily
residential development shall be designed in accordance with the following standards:
1. Setbacks. Multifamily units that are anticipated to have impact adjacent development
privacy. To mitigate the impacts, the following standards shall apply, as illustrated in
Figure 18.64.050C.
a. Minimum requirements. When a multifamily residential building is constructed
adjacent to any parcel that includes an existing structure, a fifteen (15) foot setback is
required wherever the multifamily building is located within ten (10) feet of a required
side or rear setback. The setback shall be for stories that are one (1) story greater than
the highest roof line elevation of any existing residential structure.
C.10.b
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b. Size and location of windows. To mitigate privacy impacts, residential units shall
reduce the number and locate residential windows to minimize sightlines to existing
development. All California Building Code egress window requirements for residential
occupied units shall be met.
c. Landscape privacy screening. When adjacent to existing residential development, a 10-
foot landscaped setback shall include vertical evergreen trees, at a minimum height of
20 feet, and maximum spacing of 10 feet on-center at installation. All privacy
screening trees shall be planted at a minimum of twenty-five (25) percent of full
growth maturity. All trees shall be provided at a minimum size of 36-inch box.
1. Facade Modulation. As illustrated in Figure 18.64.050D, all building facades shall be
articulated horizontally a minimum of every fifty (50) feet along all sides, using
facade projections, recesses, or step backs of upper floors. Façade area used to meet
this standard shall be a minimum of five feet in depth and 10 feet in width and shall
be articulated vertically a minimum of two-thirds (2/3) of the height of the structure.
C.10.b
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2. Façade Articulation. Articulation of any facade greater than 20 feet in length along
any street- facing frontage, or 30 feet along any façade. These facades shall be
articulated by incorporating at least three (3) of the following features each of which
is illustrated in Figure 18.64.050E:
a. Window and door fenestration. All individual or window and door systems shall
project a minimum of two (2) inches in depth from the primary wall plane or shall
be recessed from the primary wall plane a minimum of three (3) inches;
b. Recessed ground floor modulation. Exterior arcades, porticos or cantilevered
ground floor building recesses that provide sheltered walkways, patios, stoops or
porches within the building footprint, having a minimum area of fifty (50) square
feet;
c. Horizontal modulation. Projected or recessed bay, oriel, or alcove of a minimum two
(2) foot depth variations from the primary wall plane for 30 percent of building frontage;
d. Modulated entries. A recessed stoop or porch or projected vestibule or foyer unit entry
with a minimum area of fifty (50) square feet; or
e. Vertical articulation pilasters which project a minimum of six (6) inches in
depth from the primary façade and extend the full height of the building from
the first story finished floor elevation to the rooftop eave or top of parapet or
cornice line.
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3. Roofline Articulation. All building rooflines shall be vertically articulated at least
every fifty (50) feet, through one of the following techniques as illustrated in Figure
18.64.050F:
a. Option 1- An increase or decrease in height of a minimum four (4) feet;
b. Option 2- A change in at least one (1) roof pitch or form; or
c. Option 3- Articulation of the roofline utilizing of one (1) of the following- dormers,
gables, varying height cornices, and/or clerestory windows.
C.10.b
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4. Horizontal Articulation. Buildings three (3) stories or greater in height shall be
horizontally articulated a minimum of every one hundred (100) feet along all
frontages through the use of either façade recesses or façade projections. Setbacks or
projections shall be a minimum of five (5) feet in depth and ten (10) feet in width and
shall extend the full height of the building from the first story finished floor elevation to the
roof eave or top of parapet or cornice line.
5. Vertical Articulation. Buildings three stories or greater in height shall vertically
differentiate the function and use of the first story from the upper story(s) by
providing a façade cladding material change between the first story and upper stories
for a minimum of 75 percent of all facades. Facades shall incorporate at least two of the
following to achieve this differentiation as illustrated in Figure 18.64.050G:
a. Recesses or Projections. Variation in the primary façade plane projecting or
recessing a minimum of four (4) inch in depth at the vertical transition line
between the first story and upper story(s) façade materials.
b. Horizontal Banding. Horizontal articulation between the first story and upper
story(s) primary façade planes utilizing a twelve (12) inch projecting ornamental
or functional water table, belt course, molding or ledge.
c. Masonry Base. The first floor primary façade shall consist of a masonry
material, including hand laid and mortared field stone, brick, split face, sand
blasted, or burnished concrete masonry units (CMU), projecting a minimum
depth of one inch from the primary façade of the building. Alternative masonry
materials include tile, wood siding, shakes, or metal panels.
C.10.b
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d. Step Backs. Recessing the top story(s) of the façade a minimum of five (5) feet from
the lower story(s) primary façade(s).
C. Architectural Elements. Buildings in multifamily residential development parcels shall be
designed in accordance with the following standards:
1. Four (4) Sided Architecture. All buildings and structures within a multifamily
development parcel shall utilize the same façade design elements, utilized the same
materials and roof materials and articulation and modulation treatment on all building
facades, including the use of paint colors.
2. Quality. Mixed income multi-family development parcels that include both affordable
residential units and market rate residential units are required to be constructed using
the same façade articulation and modulation treatment, façade colors, and materials
such that the façades of affordable and market rate units are indistinguishable.
3. Private Open Space Amenity. All first (1) floor residential units shall include a
private terrace or patio. All upper floor residential units shall include a private
balcony or rooftop terrace.
4. Architectural Projections. All building façades and/or roofs shall include a minimum
of two (2) of the following features above the first (1) floor of the building along all street
frontages as illustrated in Figure 18.64.050 G. The horizontal distance between features shall
be no greater than twenty-five (25) feet. The minimum width and depth of these features
shall be as follows:
a. Greenhouse or garden windows- must be at least eight (8) inches in depth at the
farthest point from the primary façade of the building, and five (5) feet in width.
b. Bay Windows- must be at least ten (10) inches in depth measured at the farthest
point, and five feet in width.
c. Roof dormers- must be at least two (2) feet in depth measured at the farthest point
from the roof surface of the building, and four (4) feet in width.
d. Balconies and Rooftop decks- must be at least five (5) feet in depth and ten (10) feet
in width.
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5. Blank Walls. First floor façade without doors or windows shall be no greater than two
hundred (200) square feet where fronting sidewalks, multi-use paths, or publicly
accessible outdoor common space areas. Blank wall frontages shall include front or
side yard setback landscape screening foundation planting beds that must be a
minimum of three (3) feet in width for the entire façade length.
6. Blank Wall Standards. Blank walls shall be mitigated where it is infeasible to provide
openings, such as a parking garage, trash room, mechanical room, or electrical room.
One of the following treatments shall be provided for any blank wall greater than
twenty (20) feet in length:
a. Wall treatment. Wall treatment in the form of permitted graphic or sculptural art;
decorative ceramic tile; or painted metal or treated wood latticework combined
with living plant material shall be provided along the blank wall. A minimum of
fifty (50) percent of the blank façade shall be treated.
b. Surface texture. Surface articulation that recesses or projects a minimum of two
(2) inches from the face of the primary facade shall be provided. Stone, stone
veneer, cast in place or precast concrete, and finished concrete block are permitted
surface treatments. A minimum of fifty (50) percent of the blank facade shall be
treated.
C.10.b
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c. Screen Landscaping. Planting in the form of any combination of climbing vines,
perennials, annual flowers, decorative grasses or shrubs, shall be provided in
planting beds, raised planting beds or planter boxes in front of the blank wall.
Such planting bed or planter boxes shall extend to a depth of at least three (3)
feet, inclusive of any structure containing the planted material. Any individual
planted area shall have a width and height of at least five (5) feet at time of
landscape installation. A minimum of fifty (50) percent of the blank façade shall
be screened by planted material.
D. Building Colors and Materials.
1. Primary Façade Material. Building primary façades shall be wood, stone, brick, stucco,
fiber cement or other cementitious material, or composite wood or stone.
2. Secondary Façade Material. At least two (2) secondary façade materials shall be used on
all building façades.
3. Building Color. Buildings shall have a minimum of one (1) primary façade color,
one (1) secondary façade color, and two (2) accent window and door frame, or trim
colors, and one (1) roof color.
4. Façade Color Standards. Facade colors shall be select that are appropriate for
Grand Terrace’s Inland Empire setting. Paint color and finish shall be muted and
flat to imitate colors found naturally in nearby Blue Mountain soil, trees, rocks,
and other organic materials.
a. The use of color and materials shall strengthen and complement building
vertical and horizontal modulation.
b. All building facades shall be painted equally.
c. Facade Colors. The primary color and secondary colors shall be limited to warm
white shades and rich, warm colors containing some brown (ranging from neutral
tan to deep brown).
i. The outer ring of the color wheel illustrates the range of colors that are of an
earth tone and are acceptable for use. Facade colors within the illustrated earth
tone spectrum may vary in tint and tone but are not allowed to use the hue
(pure color) as illustrated in Figure 18.64.050 H.
C.10.b
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5. Fenestration Color Standards. Windows, doors, and trim shall be limited to a minimum
of two (2) and a maximum of three (3) paint colors.
a. Window and door trim is permitted to utilize all the tints and tones of the
full color spectrum.
b. Windows shall be limited to shades of black or warm colors containing deep brown.
c. Doors shall be permitted to utilize the tints and tones of the full color spectrum.
d. Prohibited Colors. Trim, Doors and Windows are prohibited from utilizing the
hue of any color.
6. Color Sources. Building shall use the hex color palettes identified as earth tones in
Hexcolorpedia
https://hexcolorpedia.com/?s=earth+tonespage%2F2page%2F2page%2F2 or
equivalent on-line color tool that provides information about earth tone color.
Buildings shall be limited to:
a. Primary Building Façade Colors. The primary hex color tints, tones and shades.
b. Primary Color Blending. Blending two hex color values to create a gradual
transition.
c. Secondary Color Schemes. Complementary, analogous, triadic, tetradic,
aesthetic, hue rotation and monochromatic hex colors schemes.
7. Prohibited Façade Materials. The following materials shall not be used for multi-
C.10.b
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family residential building façade. Cladding shall include the following prohibited
materials: vinyl siding, corrugated fiberglass siding, chain link fencing parapet or
mechanical equipment screens, crushed colored rock veneer panel siding, corrugated
metal, engineered oriented OSB sheathing panels, tongue and groove and T1-11
plywood siding. No more than five (5) percent of a façade may be of reflective vision
and/ or spandrel glazing, tumbled glass tiles, ceramic tiles or architectural metal
paneling. MDO or CDX grade or better weather protected painted or stained plywood
panels used for board and batten cladding is permitted. No cladding shall have
exposed or unfinished edges.
8. Windows. True divided lite window types are permitted. Simulated divided lite
windows with decorative grilles embedded or applied to window glass glazing is
prohibited. Window tinting is prohibited.
9. Doors. Fifty (50) percent minimum transparent glass doors for multiple unit
lobby entrances shall be required but shall not be required for individual
residential unit entries.
18.64.060 Site Design
A. At-Grade Parking Lots and Individual Residential Unit Parking Garages/Carports. In
addition to the requirements of Chapter 18.60 (Off-Street Parking), multifamily
residential sites with at-grade parking lots, or where units are served by individual
residential unit garages/carports, shall be designed in accordance with the following:
1. Location. At-grade parking lots, parking spaces, or loading zones shall not be located
between the building frontage and public streets. If a site consists of multiple
buildings, this standard only applies to the building(s) fronting public streets. At-
grade parking lots shall only be located behind street fronting buildings.
2. Pedestrian Access. Publicly accessible six (6) foot minimum width sidewalks shall
be provided through at-grade parking lots at a minimum of every four rows of
parking or at a minimum of every one hundred thirty (130) feet, whichever is less.
Publicly accessible sidewalks shall be designed to connect to buildings with
consolidated entries and linked to other public sidewalks, and publicly accessible sidewalks
within the site. All such pathways shall be clearly marked and differentiated from at-grade
parking lot drive lanes areas by colored and or surface textured asphalt, unit pavers, or
stamped concrete pavement treatment. Public accessible sidewalks shall meet the right-of-
way established in the Grand Terrace, Circulation Element and shall include the required
street landscape, per Municipal Code, Chapter 12.28-Street and Parkway Trees.
3. Motor Vehicle Access. At-grade parking lot motor vehicle access shall be taken from
an any existing alley. For sites without an alley, at-grade parking lot motor vehicle
access shall be from a public street curb cut and driveway with the lowest roadway
classification as identified in the Grand Terrace Circulation Element. Alleys shall be
considered part of the multi-family site and shall be maintained by the property
owner as a condition of use.
4. Garage Door Setback. Individual residential unit parking garage doors that front the
street shall be setback a minimum of five (5) feet behind the front primary façade of
the multi-family building or the front façade of a covered porch or stoop that
projects in front of the primary façade.
C.10.b
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5. Garage/Carport Design. Individual residential unit parking garages and/or carports
shall include equivalent façade design elements, fenestration, material and color
application as those of the residential buildings within the site.
B. Structured Parking. In addition to the requirements of Chapter 18.60 (Off-Street
Parking), multifamily residential buildings that include structured parking shall be
designed in accordance with the following standards:
1. Screening. Where multifamily building fronts public streets, structured parking
shall not comprise more than fifty (50) percent of the first floor building width
subject to the following:
a. Any two hundred (200) square feet or greater facade shall include required
façade articulation, landscaping, and/or other requirements of C. Architectural
Elements 5. Blank Walls.
2. Ventilation. Façade natural exhaust ventilation openings shall be screened with
wrought iron grilles and/or landscaping. Ventilation openings shall not exceed
twenty (20) percent of any street fronting first floor façade.
3. Control and Access. Mechanically or manually-controlled structured parking doors or
gates shall be setback a minimum of forty (40) feet behind the back of a public
sidewalk. For mixed use buildings or sites, the use of controlled entrances shall be
limited to the portion of a structured parking reserved for resident parking spaces. At
controlled structured parking driveway entrances, lanes shall be dimensioned to
permit motor vehicle U-turns to allow a vehicle to exit without backing into the street.
Parking spaces provided for multi-family building guest, service and delivery use
shall be provided outside of any controlled entrance parking structure.
C. Site Access and Connectivity. Multifamily residential site streets, sidewalks, and multi-
use pathways shall include:
1. Internal Sidewalks. Sites shall provide unobstructed American with Disabilities
Act (ADA) compliant five (5) foot minimum width surface separated by a
minimum three (3) foot wide planting bed where fronting any building.
2. Site Design. For multi-family sites, the following standards shall apply as
illustrated in Figure 18.64.060A:
a. Internal Circulation. Multi-family sites that include internal streets or driveways
shall provide uninterrupted continuous vehicle and walking connections through the
site and a minimum of two (2) access points to fronting public streets or alleys and
sidewalks.
b. All site internal streets, driveways, alleys, sidewalks, and multi-use pathways
shall align with all existing and planned streets, alleys, sidewalks, and multi-use
pathways external and fronting to the site.
c. Any internal site cul-de-sac or other dead-end street longer than three hundred
(300) feet shall provide sidewalk or multi-use pathway connections between
internal or external streets sidewalks or multi-use pathways.
d. Multi-family sites shall not be greater than six hundred (600) feet in length,
measured from any fronting cross-street centerline, alley center line, or side
property line. Walking and biking midblock access connections shall be
C.10.b
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provided at distances no greater than three hundred fifty (350) feet measured
from a cross-street center line, alley center line, or side property line to the mid-
block sidewalk or multi-use pathway center line. All connecting midblock
sidewalks or multi-use pathways shall have a ten (10) feet minimum width.
C.10.b
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D. Landscaping and Common Open Space Amenities. Multi-family buildings and sites
shall comply with all open space requirements of each zoning district and the
following additional site design standards:
1. Minimum Requirements. Sites shall include live landscape plant and/or mulch
materials throughout except where paved parking lots, streets, driveways, sidewalks,
patios, service or utility structures/ pads, recreation facilities, or water elements
occur. Live landscape planting will comprise a minimum of seventy-five (75) percent
coverage and planted at fifty (50) percent (minimum) at installation.
2. Minimum Size. All site trees and shrubs shall be planted at a minimum of twenty-
five (25) percent of full growth maturity. Trees within landscaped areas shall be
provided at a minimum size of 36-inch box, or a minimum 48-inch box if tree
specimen has a 20-foot canopy.
3. Concrete Surface Standards. Multi-use pathways adjacent to common open space
areas that include flat work concrete surfaces greater than ninety-six (96) square feet
shall be poured in place concrete. A minimum of fifty (50) percent shall be a
stamped, salt, or exposed aggregate finish or utilize multiple colors of concrete with
no individual section having more than ninety- six (96) square feet of one color.
Stamped, or aggregate finish shall be used in high traffic areas.
4. Other Landscape Requirements. Landscape requirements not specifically stated
on this Ordinance shall comply with the Municipal Code, Chapter 18.61-
Landscape Requirements
5. Walls and Fences
a. Walls and fences within the front setback shall not exceed 3 feet in height.
b. Concrete or Concrete Masonry Unit (CMU) Will be constructed with split faced
or shot blast CMU; or stone veneer over precision block; or monolithic poured
concrete with surface resembling either stone veneer, or split face finish; or
monolithic poured concrete with raised or depressed patterns of at least one half
inch (1/2”) covering 50% of the surface.
c. Fences must be constructed of cedar or vinyl materials. All posts must have caps.
Acceptable type of wood fence are illustrated in Figure 18.64.060 B.
C.10.b
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d Other fences include:
i. Wrought iron or decorative iron, must have twelve (12) inches by twelve (12)
inches pilaster a minimum of every ten (10) feet
ii. Brick, stone, or brick or stone veneer over precision block.
iii. Glass fencing panels
iv. Columns of brick, stone, stone veneer or CMU as above no more than ten (10)
feet apart with any of allowed fencing materials between the columns
6. Multi-family development sites shall comply with the parkway requirements
included on Chapter 12.28 – Street and Parkway Trees.
7. Common Open Space Standards (parkway requirements). Common open space
resident amenities areas shall have a minimum dimension of 15 feet in depth and
width and shall be contiguous to accommodate passive individual or group
active recreational activity areas.
8. Common Open Space Siting Criteria. Location of common open space amenity areas
shall be determined by the following siting criteria:
a. Equal distance or less to no less than fifty (50) percent of all residential units within
the multifamily building or site.
b. Solar orientation. Preferred Option- oriented no more than thirty (30) degrees off
of a true south facing axis line. Alternative Option- oriented no more than thirty
(30) degrees off of a true east or west facing axis line. Prohibited- oriented off a
north facing axis line.
C.10.b
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c. Screening. Visually obstructed from first floor windows, streets, service areas
and parking lots with a minimum five (5) wide landscaped planting bed and/or
fencing excluding chain link materials. All fencing shall be subject to the height
limitations of the zoning district and requirements of Chapter 18.73.070 (Fences
and Wall Height).
9. Required Common Open Space Amenities. Common open space areas shall be
designed to provide specific amenities as shown in Table 18.64.060A based upon the
number of units within a multifamily residential development. The required amenities
outlined in Table 18.64.060B are additive and require that the Base Amenity Type
and Minimum Size of Amenity be satisfied for the applicable number of units
threshold, plus all preceding Base Amenity Type and Minimum Size of Amenity
Type, plus any additional increase in number or size of the amenity based upon the
Additive Amenity Ratio. As an example, a multifamily residential development
consisting of 16 units shall provide a business center with at least two work stations
or a 250 square foot gym, plus an outdoor active use area or facility, plus 48 square
feet of community garden area (32 sf + 16 sf), and two barbecue areas with seating.
Table 18.64.060A
Multifamily Residential Development Amenity
Standards
# Of
Unit
s
Base Amenity Type
And Minimum Size of
Amenity
Additive Amenity Ratio
4 Barbecue with table seating 1/10 Units
8 32 sf Community Garden 8 sf/4 Units
12 1200 sf Outdoor Active Use Area 50 sf/1 Unit
16
Provide One of Two:
• Business Center with 2 Work Stations
• 250 sf of Gym
• 1 Workstation/8 Units
• 5sf/I Unit
24
Provide Two of Three:
• Business Center with 3 Work Stations
• 290 sf Gym
• Clubhouse with 400 sf Kitchen
• 1 Workstation/8 Units
• 5sf/I Unit
• 5sf/I Unit
32
Provide all of the following:
• Business Center with 4 Work Stations
• 290 sf Gym
• Clubhouse with 440 sf Kitchen
• 1 Workstation/8 Units
• 5sf/I Unit
• 5sf/I Unit
C.10.b
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Table 18.64.060B
Multifamily Residential Development Amenity Standards
Number
of Units
Base Amenity Type
And Minimum Size of
Amenity
Additive Amenity Ratio
40 Provide all Amenities listed as the Base for 32
Units, and: Provide
• One 36 SF In-Ground Outdoor Spa
Same rate as 32 Units 1.5 sf
Increase/ 1 Unit > 100 Units
65
Provide all Amenities listed as the Base for 40
Units, and: Provide One of Two:
• 800 sf Pool
• 1000 sf Children's Play Area1
Same rate as 40 Units
• 10sf/1 Unit
• 10sf/1 Unit
80 All Amenities Listed as the Base for 65 Units Same Rate as 65 Units
100
All Amenities2 Listed for 80 Units
and Provide one of two3:
• One full sized Basketball Court
• One full sized Tennis Court
• 1 Court + 75 Units
• 1 Court + 100 Units
150 All Base Amenities2 Listed for 100 Units Same Rates for All Apply
Notes:
1. Substitute 400 sf Wellness Facility 55+ Age Restricted Development, with an
Additive Amenity Ratio calculated at 5 sf/1 Unit.
2. Allows Wellness Facility Substitution for 55+ Age Restricted Development
3. For 55+ Age Restricted Development May Substitute the Basketball Court with a
Bocce Ball Court and/or replace the tennis Court with a Pickleball Court
E. Illumination. Multifamily residential sites and building façades shall comply with the
following parking lot areas, pedestrian pathways, and building and structure exteriors
illumination standards:
1. Common Area/Private Open Space. All publicly accessible common areas and private
residential open space areas shall comply with the illumination foot-candle (fc) level
standards as follows:
a. Service areas and vehicular traffic areas: minimum two tenths (0.2) fc, maximum
four (4) fc.
b. Sidewalks and building entries: minimum one (1) fc, maximum five (5) fc, with
an average of two (2) fc.
c. Parking lot and area: minimum one (1) fc, maximum four (4) fc.
2. Sidewalks. Sidewalk lighting shall have a maximum light pole and fixture height of
fifteen (15) feet.
C.10.b
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3. Parking Lots. Parking lot and area light fixtures shall be fully shielded and dark sky
rated. The light pole and fixture height shall be no greater than eighteen (18) feet
above the parking lot finished grade.
4. Accent Lighting. Glare-free direct accent light fixtures with an illumination ratio
of less than thirty to one (30:1) shall be permitted to highlight façade articulation,
artwork and landscape specimen plantings. The extent of light coverage of all site
light installations shall not exceed two (2) foot candle maximum illuminance
impact on any fronting residential or commercial sites.
F. Equipment and Service Areas. Multifamily residential buildings and sites shall comply with
the following equipment and service area standards:
1. Underground. All service connections and on-site utilities including wires, cable,
and pipelines and equipment shall be installed underground.
2. Roof-top Screening. All exterior mechanical and electrical equipment, which
includes, but is not limited to roof-mounted, façade-mounted, or ground-mounted
heating, venting, and cooling (HVAC) units, gas and electric utility meters,
telecommunication equipment, backflow preventions, assemblies, irrigation control
valves boxes, electrical transformers, pull boxes, and all HVAC ducting shall be
screened. Roof-mounted equipment shall not be visible from eye level at five (5) feet
above grade of fronting streets centerlines and/or first floors of buildings within
twenty (20) feet of the multi-family site property lines. Screen façades shall utilize
the same façade design elements, colors and materials of the building. All roof-
mounted equipment shall be screened from public view by screening materials of the
same nature as the building. Mechanical equipment shall be located below the
highest vertical element of the building. Ground mechanical equipment units shall be
screened in a manner consistent with the building façade.
3. Ground-mounted Screening. All ground-mounted mechanical equipment, shall not
be visible from eye level at five (5) feet above grade from any publicly accessible
open space (rights-of- way, public trails, and parks). Screen façades shall utilize the
same design elements, colors and materials of the building.
4. Refuse Standards. Refuse collection and storage areas shall comply with the
requirements of the City’s service provider and the following standards:
a. Utilization of individual dwelling unit refuse containers shall be limited to buildings
of four (4) units or less. The containers shall be stored within an unobstructed area of
each resident’s assigned parking garage space or within a common enclosed refuse
container structure that utilizes the same façade design elements, materials, and
colors of the residential building.
b. For multifamily residential buildings consisting of five (5) or more units,
common container areas shall be provided and comply with the following
standards:
i. An enclosed refuse container structure that utilizes the same façade
design elements, materials, and colors of the residential building(s).
ii. Enclosed structure(s) shall be separated by a minimum of twenty (20) feet from
any dwelling unit located within the multifamily residential site or from any
property line.
C.10.b
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iii. The enclosed structures shall be located a maximum of one hundred (100)
feet distance from the dwelling units served.
iv. Trash enclosures shall be completely sheltered by a roof.
v. No minimum distance from dwelling units is required if the containers are
located within a fully enclosed refuse room of a residential building. The
enclosed refuse room shall be located a maximum of seventy (75) feet from
the dwelling units served.
vi. Refuse container structures shall comply with Burrtec requirements.
18.64.070 Additional Standards
A. Electric Vehicle Charging Stations (EVCS) Standards. A minimum of one (1) Electric
Vehicle Supply Equipment (EVSE) per garage and one (1) EVSE per five parking spaces
will be required on a multi-family building site. Parking spaces shall be exclusively
dedicated for Electric Vehicle (EV) charging use.
1. Minimum Space Requirements. A parking space served by EVSE shall count as one
(1) parking space for the purpose of complying with any applicable minimum parking
space requirements for multi-family development as established by the Municipal
Code Chapter 18.60.030 Off-street Parking Regulations.
2. Electric Vehicle Charging Space (EV Space) Locations. Where undedicated/guest
parking is provided at least one EV space shall be located in the common use
parking area and shall be available for use by all residents or guests. All EV
spaces shall be located under a weather protected carport, within a parking
structure, or private garage. Electrical equipment shall be located in areas that are
well drained and shield from any landscape bed irrigation spray.
3. Accessibility. EV parking spaces shall comply with at least one of the following options:
a. The EV space shall be located adjacent to an accessible parking space meeting
the requirements of the California Building Code, Chapter 11A, to allow use of
the EV charger from the accessible parking space.
b. The EV space shall be located on an accessible route, as defined in the
California Building Code, Chapter 2, to the building.
4. Electric Vehicle Charging Space (EV Space) Dimensions. The EV spaces shall be
designed to comply with the following:
a. The minimum length of each EV space shall be nineteen (19) feet.
b. The minimum width of each EV space shall be nine (9) feet.
c. Surface slope for accessible EV space and the aisle shall not exceed one (1) inch
vertical in forty-eight (48) inches horizontal (2.083 percent slope) in any direction.
d. Where vertical pole or pylon-mounted chargers are utilized, a minimum of thirty-
six (36) inches of clearance shall be provided to ensure safe and easy movement
around the charging station.
5. Level 2 Electric Charging Requirements. A maximum of eighty (80) percent of
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EVSEs shall have a minimum 40-ampere 208/240-volt dedicated EV branch
circuit and shall be installed in close proximity to the proposed location of an EV
charger, in accordance with the California Electrical Code.
6. Direct Current Fast Charging (DCFC) with Combo Connector Requirements. A
minimum of twenty (20) percent of EVSEs shall have a minimum 40-ampere
208/240-volt dedicated EV branch circuit and shall be installed in close
proximity to the proposed location of an EV charger, in accordance with the
California Electrical Code.
7. Smart Metering. Separate or sub-metering that allows electricity used to be isolated
from the rest of the building’s energy use shall be provided.
8. Signage and Wayfinding. All EV parking spaces shall be identified as EV ONLY
with a vertical pole or wall sign, and pavement shall be marked with a EV painted
symbol as well. Manual on Uniform Traffic Control Devices (MUTCD) compliant
signs shall be provided for reserved American Disabilities Act (ADA) accessible EV
spaces. Additional information for tenant EVSE use including time limits for
charging and enforcement; safety information; and host-operator information shall
be provided.
9. Host-Operator Agreements. The building owner/operator or Home Owner
Association (HOA) shall be responsible for establishing any agreements and costs
associated with EV charging for tenants.
10. Equity. A minimum of ten (10) percent of electricity generated from solar panels
installed on carports over EV spaces shall be credited to low income tenants for
EVSE use. Host-Operator Agreements shall identify qualifications and process for
low income tenants EV use.
B. Public Art Standards. All multi-family development(s) shall comply with Ordinance 343,
Chapter 18.81 Art in Public Places of Title 18 of the Municipal Code.
C. Bicycle Parking Standards. These standards ensure that required bicycle parking is
designed so people of all ages and abilities can access the bicycle parking and securely
lock their bicycle. Bicycle parking shall be provided in areas that are safeguarded from
theft and accidental damage. The standards allow for a variety of bicycle types,
including but not limited to standard bicycles, tricycles, hand cycles, tandems, electric
motor assisted cycles and cargo bicycles.
1. Minimum Bicycle Parking Requirements. Long-term bicycle parking shall be
provided in secure, weather protected facilities for multi-family building residents
who need bicycle parking for several hours or longer. Short-term bicycle parking
shall be located in publicly accessible, highly visible locations that serve the main
entrance of a multi-family building. Short-term bicycle parking shall be visible to
bicyclists on the street and is intended for visitors. Amounts of required long-term and
short-term bicycle parking shall be provided as follows:
a. Long term Requirement. Multi-family buildings with 5 or more units, shall provide
one (1) space per unit.
i. In-unit allowance standards. For sites with 20 or fewer units, up to 100%
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of bicycle parking spaces are permitted to be in dwelling units.
ii. For sites with more than twenty (20) units, up to 20% of bicycle parking are
permitted in dwelling units.
iii. Elderly or disabled multi-family uses shall provide 1 bicycle parking space per
10 units.
b. Long Term Additional Requirements. Multi-family buildings with more than
twenty (20) units, shall include:
i. Cargo or long tail bicycle parking. A minimum of five ( 5) percent of bicycle
spaces shall be provided for larger bicycles.
ii. Electrical bicycle charging. A minimum of five (5) percent of spaces shall have
access to electrical outlets.
c. Short Term Requirement. Multi-family buildings with more than twenty (20) units
shall provide a minimum of one (1) space per twenty units.
2. Uniform Standards for All Bicycle Parking. Where long-term and short-term
bicycle parking must be provided in lockers or racks, the following standards
shall be met:
a. Bicycle parking area. The area devoted to bicycle parking must be hard surfaced.
b. Bicycle Racks. Racks must be designed so that the bicycle frame and one wheel
can be locked to a rigid portion of the rack with a U-shaped shackle lock when
both wheels are left on the bicycle.
c. Bicycle Parking Space, Maneuvering Area, and Clearance Dimensions.
Bicycle parking spaces, aisles and clearances must meet the minimum
dimensions of the following:
i. Standard Bicycle Parking Spaces Requirements. The standard required
bicycle space is two (2) feet in width, six (6) feet in length and three (3) feet
four (4) inches in height. There must be at least five (5) feet behind all
bicycle parking spaces to allow room for bicycle maneuvering. Where short-
term bicycle parking is adjacent to a sidewalk, the maneuvering area may
extend into the right-of-way; A wall clearance of two (2) feet six (6) inches
must be provided. A minimum of one (1) foot five (5) inches shall be
provided between spaces.
ii. Vertical Bicycle Parking Spaces Requirements. Vertical bicycle parking
secures the parked bicycle perpendicular to the ground is permitted as an
alternative to standard spaces. The vertical required bicycle space shall be two
(2) feet in width, six (6) feet in height and two (2) feet in depth. There must be
at least 5 feet behind all bicycle parking spaces to allow room for bicycle
maneuvering. A minimum of one (1) foot five (5) inches shall be provided
between spaces.
iii. Stacked Bicycle Parking Spaces Requirements. Stacked bicycle parking
are racks that are stacked, one tier on top of another are permitted as an
alternative to standard spaces. Bicycles shall be horizontal when in the
final stored position. The rack must include a mechanically-assisted
lifting mechanism to mount the bicycle on the top tier. There must be at
least 5 feet behind all bicycle parking spaces to allow room for bicycle
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maneuvering. A minimum of one (1) foot five (5) inches shall be provided
between spaces.
iv. Larger Cargo or Long Tail Bicycle Parking Spaces Requirements. These
standard space dimensions shall be ten (10) feet in depth by three (3) feet
in width by three (3) feet four (4) inches in height. At least 5’ feet behind
the pace shall be provided for maneuvering. A minimum of one (1) foot
five (5) inches shall be provided between spaces.
d. Bicycle Lockers. Bicycle lockers that are fully enclosed and secured are
permitted. The locker must be anchored to the ground, and an aisle a minimum
width of five (5) feet in width behind all bicycle lockers to allow room for bicycle
maneuvering shall be provided. The locker space shall have a minimum depth of 6
feet and an access door that is a minimum of 2 feet in width.
i. One (1) bicycle locker with one hundred and twenty (120) volt ac power per
four (4) units and one (1) bicycle rack parking per every four (4) dwelling
units no more than one hundred (100) feet from furthest unit served
3. Standards for Long-Term Bicycle Parking. Long-term bicycle parking must be
provided in lockers or racks that meet the following standards:
a. Security Standards. Long-term bicycle parking must be provided in one or
more of the following:
i. A restricted access, lockable room or enclosure, designated exclusively
for bicycle parking.
ii. A bicycle locker.
iii. In a residential dwelling unit.
b. In-unit Parking Standards. Long-term bicycle parking spaces may be provided in
a dwelling unit if following conditions are met:
i. The residential unit shall include a dedicated bicycle parking area that meets the
standard bicycle parking spacing dimensions above.
ii. For buildings with no elevators, long-term in-unit bicycle parking shall be
permitted only for first floor units.
ii. Balconies, terraces, or patios are prohibited for in-unit parking.
iv. Signage Standard. If bicycle parking is not visible from the public realm, a sign
must be permanently posted at the main building or site entrance indicating the
location of the bicycle parking.
4. Standards for Short-term Bicycle Parking. Short-term bicycle parking
must meet the following standards:
a. Location. Bicycle parking must be on-site, outside the building, at the same
grade as the sidewalk or at a location that can be reached by an accessible
route.
b. Main Entrance Proximity. The bicycle parking must be within 50 feet of the main
entrance to the building as measured along the most direct pedestrian access
route.
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18.64.080 Additional Mixed Use Standards
A. Conformance with Standards and Requirements. Mixed-use sites and buildings that
include residential dwelling units shall comply with both development standards of the
zoning district and all applicable multi-family design standards of this Chapter.
B Low Income Units. Developments proposing twenty (20) residential units or more are
required to provide ten (10) percent low income units or five (5) percent very-low income
units. No in-lieu fee shall be accepted.
C. Off-street Parking. Mixed use sites shall comply with all requirements of the
Municipal Code Chapter 18.60–Off-Street Parking
D. Ground Floor Use and Height. First floor residential dwelling units shall be prohibited
along street facing building frontages. The minimum first floor commercial building
height shall be fourteen (14) feet, measured from the first finished floor elevation to the
second floor finished floor or rooftop elevation. Upper floor to floor heights shall be no greater
than the first floor height.
E. First Floor Window and Door Transparency. All non-residential first floor street
fronting uses shall comply with all applicable standards:
1. Commercial or retail uses: exterior walls facing a street shall include window and
door openings that comprise a minimum of seventy-five (75) percent of the first floor
primary façade area, measured vertically between two and eight feet above the
finished grade of fronting public sidewalks and horizontally only where first floor
conditioned commercial tenant space occurs along the fronting façade.
2. Office, hotel, and other non-residential uses: exterior walls facing a street shall
include window and door openings that comprise a minimum of seventy-five (75)
percent of the first floor primary façade area, measured vertically between two (2)
and eight (8) feet above the finished grade of fronting public sidewalks and
horizontally only where first floor conditioned office, hotel, and other non-
residential use tenant space occurs along the fronting façade.
3. First (1) floor conditioned tenant space shall include window and/or door openings
spaced no greater than ten (10) feet apart measured horizontally along the street
facing primary building façade. Reflective, tinted, or mirrored window glazing that
prevents views of interior work areas, sales areas, lobbies, or storefront displays at a
minimum five (5) foot depth from the face of the primary first façade is prohibited.
F. Storefront Treatment. First (1) floor non-residential building façades shall comply with all
applicable standards listed and illustrated in Figure 18.64.070A:
1. Awnings and Canopies. Awnings or canopies shall not extend horizontally beyond
first floor non-commercial use window and door openings. Awning and canopy
structural hardware shall not be lower than eight (8) feet above the fronting sidewalk
finished grade elevation. Signage or branding graphics of any type are prohibited on
the exterior surface of the awning or canopy.
2. Base Panels. A wood, metal, or masonry base panel shall be provided across the
entire width of the storefront window system and between any vertically articulated
primary façade projections or recesses. The base panels shall be no greater than
twenty-four (24) inches in height, measured from the bottom of the sill of the window
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system to the adjacent sidewalk finished grade.
3. Signage. A projecting or recessed tenant signage horizontal molding band or frieze
shall be provided to articulate the top of only buildings with multiple storefronts. All
tenant signage shall comply with all applicable requirements of Chapter 18.80
(Signs).
18.64.090 Permits and Approvals
A. Ministerial Action. The review of and action on the design of multifamily residential
development or mixed-use development with a residential component that complies with
the provisions of this Chapter is a ministerial action not subject to further discretionary
review or action. The Director has the authority to review applications for completeness
and compliance with the provisions of this Chapter.
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1. Ministerial design review shall be administered through the Precise Plan of Design
requirements as outlined in Chapter 18.63 (Site and Architectural Review), unless
modified herein by this Chapter; and shall not require public notice, public hearing or
be subject to any required findings for approval.
2. Ministerial design review approval by the Director shall determine that the proposed
application and plans:
a. Complies with all applicable design standards of this Chapter.
b. Complies with all applicable development standards of Title 18 (Zoning) without
requiring a Minor Deviation or Variance. If the Director is unable to make the
above determination, review of the project design shall be subject to all
application types, reviews and procedures as outlined in Chapter 18.63 (Site and
Architectural Review).
3. The Director may, from time to time, provide a summary report as an
informational item, to the Planning Commission, of any ministerial design review
action on a development proposal subject to the provisions of this Chapter. No
action by the Planning Commission shall be required.
B. Other Application Submittals and Types of Review. The following other types of
application submittals and types of review may also apply, subject to the provisions
outlined in this Section:
1. The SB 330 Preliminary Application review process is an additional review by the
Director and provides early identification of all standards and requirements
applicable to a project. A review under this procedure is subject to all requirements
and information and materials listed on the City’s SB 330 Preliminary Application.
The availability of this type of review shall sunset on January 1, 2025, unless
extended by the State legislature. The preliminary application review process is at
the option of a project proponent and may only be implemented when all
requirements of this Chapter are satisfied, including all timeframes required for
submittal of a formal application.
2. If a development qualifies under the Senate Bill 35 eligibility criteria as outlined in
this Section, information and materials as listed on the City’s SB 35 Application
(Affordable Housing Streamlined Review) shall be submitted for review by the
Director to determine eligibility.
3. The provisions, including any requirement for review, hearing and action for
Minor Deviation as provided in Chapter 18.89 (Minor Deviations), Variance as
provided in Chapter 18.86 (Variance), or Conditional Use Permit as provided in
Chapter 18.83 shall apply to any multifamily residential development or mixed-
use development with a residential component that proposes to deviate from any
standard of this Chapter and when it is a requirement established by the proposed
commercial use. Such deviation shall null and void any ministerial design
review action or eligibility for an affordable housing streamlined review process.
4. All development shall be required to comply with San Bernardino County Fire
(SBCF) standards and requirements. All infill development and tenant
improvement projects subject to ODS standards shall be required to submit to
SBCF to obtain conditions of approval for the project.
5. For multifamily development with mixed uses that include restaurants, all
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clearances with San Bernardino County Health Department shall be obtained.
C. Building Permit. All development subject to the requirements of this Chapter shall require
a Building Permit, subject to all the standard application, review and processing fees and
procedures that apply to Building Permits generally.
D. Fees. All development subject to the requirements of this Chapter shall be
accompanied by the required application fee. Application fees are established by
Council resolution.
E. Preliminary Application. In compliance with Government Code Section 65941.1, a
proponent of a multifamily residential development or mixed-use development with a
residential component has the option of submitting a Preliminary Application subject to
all the following requirements:
1. All of the information listed in City’s SB 330 Preliminary Application form and
payment of the Preliminary Application processing fee shall be submitted to the
City.
2. If the City determines that the Preliminary Application for the development project is
incomplete, the project proponent must submit the specific information needed to
complete the application within 90 days of receiving the City’s written identification
of the necessary information. If the project proponent does not submit this information
within the 90-day period, then the preliminary application shall expire and have no
further force or effect, and if any portion of the ministerial design review was
completed or approved, it shall be deemed null and void.
3. After submittal of all of the information required, if the project proponent revises the
project to change the number of residential units or square footage of construction
changes by 20 percent or more, excluding any increase resulting from Density Bonus
Law, the development proponent must resubmit the required information so that it
reflects the revisions.
4. The project proponent shall submit a formal application for a development project
within 180 calendar days of submitting a complete preliminary application. If the City
determines that the formal application for the development project is incomplete, the
project proponent shall submit the specific information needed to complete the
application within 90 days of receiving the City’s written identification of the
necessary information. If the project proponent does not submit this information
within the 90-day period, then the preliminary application shall expire and have no
further force or effect, and any such ministerial design review approval shall be
deemed null and void.
5. If the applicant revises the project between the Preliminary Application phase and the
formal application phase, such that the number of residential units or square footage of
construction changes by 20 percent or more, exclusive of any increase resulting from
the receipt of a density bonus, incentive, concession, waiver, or similar provision, the
project shall not be deemed to have submitted a Preliminary Application, in
satisfaction of State and City requirements, until the project proponent resubmits the
required information, and if any portion of the ministerial design review was
completed or approved, it shall be deemed null and void.
6. Compliance with all applicable provisions of this Chapter; specifically, the process
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and timeframes outlined in this Section, shall constitute a ministerial design review
approval in conjunction with the Preliminary Application review if the Director
determines that the proposed application and plans:
a. Complies with all applicable design standards of this Chapter.
b. Complies with all applicable development standards of Title 18 (Zoning Code)
without requiring a Minor Deviation, Variance, or Conditional Use Permit. If the
Director is unable to make the above determination, review of the project design
shall be subject to all application types, reviews and procedures as outline in
Chapter 18.63 – Site and Architectural Review. Additional review procedures
may be required.
7. The Director may, from time to time, provide a summary report as an informational
item, to the Planning Commission, of SB 330 Preliminary Application reviews and
associated ministerial design review action on a development proposal subject to the
provisions of this Chapter. No action by the Planning Commission shall be required.
F. Affordable Housing Streamlined Review Eligibility Criteria. In compliance with
Government Code Section 65913.4, also known as Senate Bill 35 (SB 35), a qualifying
multifamily housing development project may submit to the Director a request for an
affordable housing streamlined approval. The Director will determine if the project is
eligible for streamlined approval within 60 days after application submittal for projects of
150 or fewer units, or within 90 days for larger projects. If the Director denies the
application as incomplete or ineligible for SB 35, the applicant may revise the project to
comply with SB 35 and resubmit the application, subject to the same timeline for review.
Once the application is accepted for review under SB 35, the Director will approve or
deny the project within 90 days after application submittal for projects of 150 or fewer
units, or within 180 days for larger projects. To be eligible for streamlined processing
under SB 35, the development project must satisfy all of the following criteria:
1. The project must be a multifamily housing development that contains at least two
residential units and comply with the minimum and maximum residential density
range permitted for the site, plus any applicable density bonus.
2. If more than ten residential units are proposed, at least ten percent of the project’s
units must be dedicated as affordable to households making below 80 percent of the
area median income. If the project will contain subsidized units, the applicant has
recorded or is required by law to record, a land use restriction for either a minimum of
55 years for rental type units, or a minimum of 45 years for ownership type units.
3. The project must be located on a legal parcel or parcels within the incorporated City
limits. At least 75 percent of the perimeter of the site must adjoin parcels that are
developed with urban uses; which means any current or former residential,
commercial, public institutional, transit or transportation passenger facility, or retail
use, or any combination of those uses. Parcels that are only separated by a street or
highway shall be considered adjoined.
4. The project must be located on a site that is either zoned or has a General Plan
designation allowing for multifamily residential development or mixed-use
development with a residential component.
5. The project must meet all objective design standards in effect at the time the application
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is submitted.
6. The project must provide at least one parking space per unit without regard to unit
size, number of bedrooms, or guest parking spaces; however, no parking is required if
the project meets any of the following criteria:
a. The project is located within one-half mile of public transit.
b. The project is located within an architecturally and historically significant historic
district.
c. On-street parking permits are required but not offered to the occupants of the project.
d. There is a car share vehicle within one block of the development.
7. The project must be located on a property that is outside each of the following areas:
a. Either prime farmland or farmland of statewide importance, as defined pursuant
to United States Department of Agriculture land inventory and monitoring
criteria, as modified for California, and designated on the maps prepared by the
Farmland Mapping and Monitoring Program of the Department of Conservation, or
land zoned or designated for agricultural protection or preservation by the City.
b. Wetlands, as defined in the United States Fish and Wildlife Service.
c. A very high fire hazard severity zone, as determined by the Department of
Forestry and Fire Protection, or within a high or very high fire hazard severity
zone as indicated on maps adopted by the Department of Forestry and Fire
Protection pursuant to Section 4202 of the Public Resources Code.
d. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous
waste site designated by the Department of Toxic Substances Control pursuant to
Section 25356 of the Health and Safety Code, unless the Department of Toxic
Substances Control has cleared the site for residential use or residential mixed-
uses.
e. A delineated earthquake fault zone as determined by the State Geologist in any
official maps published by the State Geologist, unless the development complies
with applicable seismic protection building code standards adopted by the
California Building Standards Commission under the California Building
Standards Law (Part 2.5 (commencing with Section 18901)
of Division 13 of the Health and Safety Code), and by any local building department
under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
f. A flood plain as determined by maps promulgated by the Federal Emergency
Management Agency, unless the development has been issued a flood plain
development permit pursuant to Part 59 (commencing with Section 59.1) and
Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title
44 of the Code of Federal Regulations.
g. A floodway as determined by maps promulgated by the Federal Emergency
Management Agency, unless the development has received a no-rise
certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of
Federal Regulations.
h. Lands identified for conservation in an adopted natural community
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conservation plan pursuant to the Natural Community Conservation Planning
Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish
and Game Code), habitat conservation plan pursuant to the Federal
Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other
adopted natural resource protection plan.
i. Habitat for protected species identified as candidate, sensitive, or species of
special status by State or Federal agencies, fully protected species, or species
protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531
et seq.), the California Endangered Species Act (Chapter 1.5 (commencing
with Section 2050) of Division 3 of the Fish and Game Code), or the Native
Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division
2 of the Fish and Game Code).
j. Lands under conservation easement.
k. A site that would require demolition of housing that is subject to recorded
restrictions or law that limits rent to levels affordable to moderate, low, or very-
low-income households; subject to rent control; or currently occupied by tenants
or that was occupied by tenants within the past ten years.
l. A site that previously contained housing occupied by tenants that was demolished
within the past ten years.
m. A site that would require demolition of an historic structure that is on a
local, State, or Federal register.
n. A parcel of land or site governed by the Mobilehome Residency Law, the
Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the
Special Occupancy Parks Act
8. The project does not involve an application to create separately transferable
parcels under the Subdivision Map Act.
9. The project proponent must certify to at least one of the following:
a. The entirety of the project is a public work as defined in Government Code Section
65913.4(8)(A)(i).
b. The project is not in its entirety a public work and all construction workers
employed in the execution of the development will be paid at least the general
prevailing rate of per diem wages for the type of work and geographic area.
c. The project includes ten or fewer units, is not a public work and does not require
subdivision.
10. If the project consists of 50 or more units that are not 100 percent subsidized
affordable housing, the project proponent must certify that it will use a skilled and
trained workforce, as defined in Government Code section 65913.4(8)(B)(ii).
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AGENDA REPORT
MEETING DATE: March 28, 2023 Council Item
TITLE: Award of Contract for the Capital Improvement Project (CIP
2023-1)
PRESENTED BY: Kamran Dadbeh, Interim City Engineer
RECOMMENDATION: Staff recommends that the City Council take the following
actions:
1. Adopt a resolution of the City Council of the City of
Grand Terrace of the County of San Bernardino, State of
California, adopting the revision to Fiscal Year 2022-23 of
Five-Year Capital Improvement Plan (CIP) for Fiscal Years
2022-23 through 2026-27
2. Find that the Capital Improvement Project (CIP 2023-
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.
3. Award the Capital Improvement Project (CIP 2023-1)
to Hardy & Harper, Inc. on the Base Bid and approve the
public works agreement with Hardy & Harper, Inc, in the
amount of $1,780,000, plus a 10% contingency ($178,000)
for the construction of the Capital Improvement Project (CIP
2023-1) and authorize the City Manager to execute the
agreement subject to City Attorney approval as to form;
4. Award a contract to Willdan for Inspection Services
for Capital Improvement Project (CIP 2023-1) 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.
2030 VISION STATEMENT:
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This staff report supports Goal #2 "Maintain Public Safety" by investing in improvements
to public infrastructure.
BACKGROUND:
The City of Grand Terrace received American Rescue Plan Act (ARPA) funds in 2021 in
the amount of $3,010,360 and $2.35M was designated to address deferred maintenance
on the streets and sidewalks.
DISCUSSION:
Evaluation of the streets designated for FY 2022-23 CIP revealed that Mt. Vernon
Avenue is in good condition and should be replaced with other streets that need
immediate attention. It is recommended that Van Buren Street, Palm Avenue, Vivienda
Avenue/Court be added to the FY 2022-23 CIP.
A bid package for the revised FY 2022-23 CIP, (CIP 2023-1) which included
construction plans, technical specifications, and bid documents were prepared and
advertised for construction bids. The project will include street rehabilitation to include
paving, striping and sidewalk replacement, on the following locations and as shown on
the attached map:
La Cadena Drive, Michigan Avenue, Pico Street, Van Buren Street, Palm Avenue,
Vivienda Avenue and Vivienda Court.
The project was advertised for bids on March 2, 2023. Bids were accepted until 10:00
a.m. on Monday, March 13, 2023. The City Clerk received three timely bids as follow:
Hardy & Harper Inc., Lake Forest $1,780,000
All American Asphalt, Corona $1,789,223
Onyx Paving Company, Inc. Anaheim $2,112,000
Staff solicited proposals from the City’ current on-call inspection consulting firms, Willdan
and Interwest. By the deadline of March 13, 2023, only Willdan submitted a proposal and
based on their price and availability, it was determined that they would provide quality
inspections for this project.
Staff recommends the selection of Hardy & Harper Inc. as the contractor for the
construction and Willdan for inspection services.
CEQA FINDING:
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Paving projects are categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA Regulations Section 15301(c) because it relates to
repair/maintenance of existing streets.
FISCAL IMPACT:
This project will be funded by ARPA funding, should City Council approve the
recommendations, the expense appropriations are as follows:
Proposed Expenditure Account
94-175-257-000-000 Contractual Svcs – Road Maintenance
94-175-257-010-000 Contractual Svcs – Concrete Rehabilitation
ATTACHMENTS:
• Attachment 1: Construction Agreement (PDF)
• Attachment 2: Contract Inspect Svcs Agreement Willdan (DOC)
• Attachment 3: Project Locations (PDF)
• Attachment 4: Willdan Proposal (PDF)
APPROVALS:
Shanita Tillman Completed 03/17/2023 3:02 PM
Finance Completed 03/17/2023 3:48 PM
City Manager Completed 03/20/2023 11:04 AM
City Council Pending 03/28/2023 6:00 PM
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01247.0006/868565.1
PUBLIC WORKS AGREEMENT
By and Between
CITY OF GRAND TERRACE
and
HARDY & HARPER INC.
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AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF GRAND TERRACE AND
HARDY & HARPER INC.
This AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF
GRAND TERRACE AND HARDY & HARPER INC. (herein “Agreement”) is made and entered
into this ____ day of March, 2023 by and between the City of GRAND TERRACE, a California
municipal corporation (“City”) and HARDY & HARPER 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 Incorporation of Green Book.
The provisions of the 2021 Edition of the Standard Specifications for Public Works
Construction, as updated by errata, (“Greenbook”) are incorporated herein, except as explicitly
modified by the Bid Documents. In the event of any conflict between the provisions of the
Greenbook and this Agreement, the terms of this Agreement shall govern.
1.5 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
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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
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.”
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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
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.
1.6 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.
1.7 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.
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(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
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.
1.8 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.
1.9 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
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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.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon
demand.
1.10 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.
1.11 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.
C.11.a
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(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
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.
1.12 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 ONE MILLION SEVEN HUNDRED EIGHTY THOUSAND
DOLLARS AND NO CENTS ($1,780,000) (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.
C.11.a
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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 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.
2.6 Substitution of Securities.
C.11.a
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(a) In conformance with the State of California Public Contract Code, Part 5,
Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure
performance under this Agreement.
(b) At the request and expense of Contractor, Contractor has the option of
establishing an escrow account with a state or federally chartered bank which shall serve as an
escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings
required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as
evidenced by the City’s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent
shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days
after deposit of the securities. The market value of the securities at the time of the substitution shall
be at least equal to the cash amount then required to be withheld as retention. Securities shall be
held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively,
on written request of Contractor, the City shall make payments of the retention earnings directly
to the escrow account.
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.
C.11.a
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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”).
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:
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.
C.11.a
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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
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
C.11.a
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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.
(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”.
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5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Contractor shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Services hereunder by
Contractor, its agents, representatives, employees or subcontractors.
(c) Primary/noncontributing. Coverage provided by Contractor shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
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
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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
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,
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lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Contractor’s performance
under this Agreement, and that involve or may involve coverage under any of the required liability
policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and
hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims
or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein of
Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’
reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a) Contractor will defend any action or actions filed in connection with
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
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Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor
is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors
and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore,
and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Contractor in the performance of professional
services and work hereunder. The provisions of this Section do not apply to claims or liabilities
occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence,
except that design professionals’ indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Contractor and shall survive
termination of this Agreement.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating
to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable
costs incurred in providing such notification.
5.5 Performance and Payment 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.
All bonds shall be on the applicable forms provided in Exhibit “D” and Exhibit “E”
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
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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 Project has been accepted; and
(c) after passage of the time within which lien claims are required to be made
pursuant to applicable laws; if lien claims have been timely filed, City shall hold the 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
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
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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.
(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
C.11.a
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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 dispute through mediation. This
Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
C.11.a
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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.
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
C.11.a
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of One Thousand Dollars ($1,000) 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.
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
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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 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
C.11.a
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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.
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
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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 _______
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]
C.11.a
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01247.0006/868565.1
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:
Hardy & Harper Inc.
By:
___________________________________
Name: Corey R. Kirschner
Title: CEO, President, Vice President,
Secretary, Treasurer
By:
___________________________________
Name:
Title:
Address: 2890 E. La Cresta Ave.
Anaheim, CA 92806
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.
C.11.a
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01247.0006/868565.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2023 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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01247.0006/868565.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2023 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.11.a
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01247.0006/868565.1 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” and Addenda 1.
II. Brief description of the work to be performed under this Agreement is as follows
(“Project”):
A. 2022/2023 Capital Improvement Project CIP No. 2023-1 in accordance with
approved plans, specifications, Addenda 1 and submitted proposal. This includes,
but is not limited to, the removal and replacement of existing asphalt paving
(various depths) at designated locations shown on the plans; cold mill existing AC
2” deep and construct 2” asphalt rubber hot mix (ARHM) overlay; reinstall
pavement markings and striping, and remove and replace concrete sidewalk,
driveway and curb & gutter.
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
the 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.
C.11.a
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01247.0006/868565.1
EXHIBIT “A-1”PERFORMANCE BOND
PROJECT NO. 2022/2023 Capital Improvement Project CIP No. 2023-1
We, _________, 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
Grand Terrace (“City”) for payment of the penal sum of __________ U.S. Dollars and ____ Cents
($_______). 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.11.a
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01247.0006/868565.1
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.
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01247.0006/868565.1
EXHIBIT A-2
PAYMENT BOND
PROJECT NO. 2022/2023 Capital Improvement Project CIP No. 2023-1
We, ______, 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
Grand Terrace (“City”) and those for whose benefit this bond insures in the sum of
______________ U.S. Dollars and ______ Cents ($________). 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.11.a
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01247.0006/868565.1
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.11.a
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01247.0006/868565.1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
C.11.a
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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 (10%) 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 sub budget 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 $1,780,000 as provided in Section
2.1 of this Agreement.
C.11.a
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C.11.a
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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 within
60 working days of the Notice to Proceed issued by the Contract Officer.
II. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
C.11.a
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01247.0006/868560.1 3/22/2023 1
CITY OF GRAND TERRACE
AGREEMENT FOR CONTRACT SERVICES FOR
INSPECTION SERVICES FOR THE
2022-23 PAVEMENT REHABILITATION PROJECT
This “CITY OF GRAND TERRACE AGREEMENT FOR CONTRACT SERVICES
FOR INSPECTION SERVICES FOR THE 2022-23 PAVEMENT REHABILITATION
PROJECT” (herein “Agreement”) is made and entered into this ____ day of March, 2023, by and
between the CITY OF GRAND TERRACE, a California municipal corporation (“City”) and
Willdan, a California limited liability company (herein “Consultant”).
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of
this Agreement, the Consultant shall perform the work or services set forth in the “Scope of
Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant
warrants that it has the experience and ability to perform all work and services required
hereunder and that it shall diligently perform such work and services in a professional and
satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall
be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 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 the Agreement.
1.4 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.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with the “Schedule of Compensation” attached
hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum
contract amount of Thirty Thousand Two Hundred Forty Dollars ($30,240.00) (“Contract
Sum”).
2.2 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
C.11.b
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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, 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 the City of any invoice provided by the Consultant
shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.3 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 cost 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 but not exceeding a total contract amount of Five
Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved
by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be
approved by the City Council. 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.
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 thirty (30) 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
C.11.b
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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) year from the date hereof, except as otherwise provided in the
Schedule of Performance (Exhibit “D”).
4. COORDINATION OF WORK
4.1 Representative of Consultant. Chris Baca is hereby designated as being
the representative of Consultant authorized to act on its behalf with respect to the work and
services specified herein and make all decisions in connection therewith. All personnel of
Consultant and any authorized agents shall be under the exclusive direction of the representative
of Consultant. 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, and shall keep City informed of any changes.
4.2 Contract Officer. City Manager, or such person as may be designated by
the City Manager, is hereby designated as being the representative the City authorized to act in
its behalf with respect to the work and services specified herein and to make all decisions in
connection therewith (“Contract Officer”).
4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of the City. Neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior written
approval of City. Any such prohibited assignment or transfer shall be void.
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. Consultant shall perform all
services required herein as an independent contractor of City 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, or that it is a member of a joint
enterprise with City.
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:
C.11.b
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(a) Commercial 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,
either the general aggregate limit shall apply separately to this contract/location, or 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
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
either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and
property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability
of $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and
any other 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) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
(f) 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 be subject to all of the requirements stated
herein.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or 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, officers, employees and agents and their respective
insurers. 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
C.11.b
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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 this 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 endorsement to all
required insurance policies at any time. Any failure to comply with the reporting or other
provisions of the policies including breaches or warranties shall not affect coverage provided to
City.
The 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 City’s Risk
Manager or other designee of the City due to unique circumstances.
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, 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.
C.11.b
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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.
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 and shall keep such
records for a period of three years following completion of the services hereunder. 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.
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 or as the Contract Officer shall require.
6.3 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 the City without prior written
authorization from the Contract Officer.
(b) Consultant 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 the City notice of such court order
or subpoena.
(c) If Consultant provides any information or work product in violation of this
Agreement, then the 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.
C.11.b
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(d) Consultant shall promptly notify the City should Consultant 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 thereunder. The 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 the City and to provide the City
with the opportunity to review any response to discovery requests provided by Consultant.
6.4 Ownership of Documents. All studies, surveys, data, notes, computer
files, reports, records, drawings, specifications, maps, designs, photographs, documents and other
materials (the “documents and materials”) prepared by Consultant in the performance of this
Agreement shall be the property of the City and shall be delivered to the City upon request of the
Contract Officer or 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 the City of its
full rights of ownership use, reuse, or assignment of the documents and materials hereunder.
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.
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. 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, 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. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article.
7.3 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 any
legal action under this Agreement.
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
C.11.b
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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.
7.4 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 at any time 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. 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, but not exceeding the compensation provided
therefore in the Schedule of Compensation Exhibit “C”. 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.
7.5 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.
8. MISCELLANEOUS
8.1 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 ensure 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
8.2 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.
8.3 Notice. 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
C.11.b
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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 if mailed as provided in this Section.
8.4 Integration; Amendment. 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. This Agreement
may be amended at any time by the mutual consent of the parties by an instrument in writing.
8.5 Severability. In the event that part of 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 portions 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.
8.6 Waiver. No delay or omission in the exercise of any right or remedy by
non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party’s consent to or approval of any act by the other party requiring the party’s
consent or approval shall not be deemed to waive or render unnecessary the other party’s consent
to or approval of any subsequent act. 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.
8.7 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 any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees,
whether or not the matter proceeds to judgment.
8.8 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.
8.9 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.
8.10 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
C.11.b
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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. 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 of no force or
effect.
Consultant’s Authorized Initials _______
8.11 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 the following page.]
C.11.b
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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
CONSULTANT:
Willdan
By: __________________________________
Name:
Title:
By: __________________________________
Name:
Title:
Address: 13191 Crossroads Parkway North, Suite
405, Industry, CA 91746
______________________________
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.
C.11.b
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2023 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.11.b
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2023 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.11.b
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A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
1. Review plans, specifications, and all other contract- and construction-related documents
regarding Capital Improvement Project (CIP 2023-1) (“Project”).
2. Conduct a field investigation of the Project area to become familiar with the existing
facilities and the Project environment.
3. Become familiar with traffic control plans, construction schedule, construction sequence,
and permit requirements from other agencies.
4. Verify that the Project contractor conforms to the design survey line and grades.
5. Attend weekly progress meetings with the Project’s construction manager, contractor,
and subcontractors.
6. Assist with review of up to (8) shop drawings/submittals, including resubmittals.
7. Provide full-time and as-needed construction inspection, including night inspection, of
the Project to monitor materials and methods for compliance with plans, specifications,
and contract documents; address and document nonconforming items as they are
discovered.
8. Monitor Project’s compliance with Cal OSHA requirements and compliance with all
local, state, and federal regulations. Although Willdan will monitor the activities, it is the
contractor’s sole responsibility to provide workers with a safe working environment.
9. Provide City’s labor compliance manager with federally-compliant labor and equipment
reports.
10. Monitor Project’s compliance with the Clean Air Act and the Clean Water Act (National
Pollutant Discharge Elimination System – NPDES best management practices). Also,
monitor the contractor’s compliance with approved SWPPP.
11. Meet with the Project contractor at the beginning of each day and review the proposed
work plan, including specific details that may affect progress.
12. Conduct daily measurements of quantities of work with the contractor.
C.11.b
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13. Review actual Project contractor performance throughout the day and discuss
discrepancies with the contractor as they occur.
14. Assist in coordination of engineering support, surveying, specialty inspections, and
fieldwork by utility companies.
15. Ensure compliance of Underground Service Alert notification/delineation.
16. Evaluate the Project contractor’s operation and production with respect to quality and
progress and report to the City’s Project Manager and Construction Manager.
17. Photograph continuous property frontages along the street alignment once prior to
construction and once immediately following construction. Maintain a photographic
record of key elements of each major operation of work each day, with increased detail in
situations of potential changes or claims.
18. Closely monitor testing results and require the Project contractor to provide corrective
measures to achieve compliance.
19. Maintain copies of all permits needed to construct the Project and enforce special
requirements of each.
20. Prepare and maintain detailed daily diary inspector reports on construction progress.
21. Prepare clear and concise letters and memoranda, as needed. Establish a solid paper trail.
22. Maintain field file bound workbooks and Willdan electronic file during construction,
including a cumulative record of quantities constructed, daily and weekly reports,
working day reports, change order documentation, photographs, and other
documentation.
23. Analyze delays and review claims on a timely basis and make recommendations to the
construction manager.
24. Assist with the review and evaluation of up to (3) change orders.
25. Provide complete measurements and calculations documented to administer progress
payments.
26. Maintain and submit a clean set of plans marked in red for as-built corrections on record
drawings to be filed with the City. (City’s design consultant will transfer the contractor’s
record drawings to original Mylar drawings).
27. Prepare a punch list at substantial completion and follow up with the Project contractor
regarding progress of corrections.
C.11.b
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28. Schedule a final inspection with the City and applicable agencies; prepare, distribute, and
inspect corrections to the final punch list for completion; and recommend final
acceptance.
29. Prepare documentation for final payment to the Project contractor.
30. Upon Project completion, provide the finished set of Project workbooks to the City.
C.11.b
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01247.0006/868560.1 3/22/2023 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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01247.0006/868560.1 3/22/2023
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. The total compensation for the Services shall not exceed $30,240.00 as provided in
Section 2.1 of this Agreement.
II. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.8.
IV. The City will compensate Consultant 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.
C.11.b
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01247.0006/868560.1 3/22/2023
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform and complete all Services within 60 days from the date of
Notice to Proceed issued by the Contract Officer.
C.11.b
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City of Grand Terrace
Page | 1
March 7, 2023
Luis Gardea, MPA, Building Official
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
Subject: Pavement Rehabilitation on La Cadena Dr from Litton Ave to Barton Rd, Michigan Ave
from W. Main St to Commerce Way, Palm Ave from Barton Rd to Honeyhill Dr, Van Buren
St. from Mt. Vernon to Observation Dr, Pico St from West End to East End, and Vivienda
Ave/CT from Barton RD to Cul-de-Sac, CIP 2023-1
Dear Mr. Gardea:
Willdan Engineering is pleased to present the City of Grand Terrace with this proposal to assist with managing
and inspecting the Pavement Rehabilitation Project, CIP 2023-1. Willdan Engineering has been providing
inspection services to California cities and counties for 58 years, including Rancho Cucamonga, Redlands,
Highland, Yucca Valley, as well as within the City of Grand Terrace. We are well suited to partner with the City
of Grand Terrace to achieve a fast-track approach for planned infrastructure projects.
Willdan will provide a staffing professional who is committed to providing the City with top-quality service.
Serving public agencies is the cornerstone of Willdan’s business. Willdan's proposed staff members are
experienced in working together as an integral part of municipal agency improvement projects and can provide
exemplary staff for the City’s role requests. The following strengths are what set us apart from the competition
and make us the best-qualified team for this assignment:
Highly Skilled Construction Manager and Inspector. Our proposed Public
Works Inspector, Joseph Putrino, has 35 years of experience in Public Works,
with strong leadership qualities and the ability to manage projects
successfully. He possesses exceptional decision-making capabilities and is
meticulous in ensuring project specifications are compliant with contracts and
requirements.
Joseph Putrino offers
extensive pavement and
slurry seal experience to the
City of Grand Terrace.
Unmatched Grading and Pavement Improvement Project Experience.
Willdan has provided construction management and/or inspection on an
extensive amount of pavement related projects for over 58 years, including
overlays, bike lanes, rehabilitations, slurry seals, and street widening.
Our project team has
experience working together
on hundreds of public works
projects throughout the
region.
City of Grand Terrace Experience. Willdan has provided construction
management and inspection services to several of the City of Grand Terrace’s
projects. These include 23400 Westwood Street Improvements, 12040 La
Cadena Drive Improvements, Civil Work Tract 18071, San Bernardino Indian
Health Center, 22200 Barton Road, and the Sidewalk 2017 improvements.
Our staff has hands‐on
working knowledge and
direct experience
implementing City of Grand
Terrace standards.
Willdan looks forward to the opportunity to assist the City of Grand Terrace on this very important project.
Should you have any questions regarding our proposal, please do not hesitate to contact me at (562) 364-
8198.
Respectfully submitted, Approval and Authorization to Proceed By:
WILLDAN ENGINEERING CITY OF GRAND TERRACE
Chris Baca, RCI, CESSWI
Director of Construction Management Signature
and Inspection Services
Date
910005\06-140\P23-066_24180
C.11.d
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City of Grand Terrace
Page | 2
SCOPE OF WORK
The Construction Manager and Inspector will
observe work performed by the contractor for
general conformance with the plans and
specifications. The project inspector will be
expected to be onsite at all times during
construction activities.
1. Review plans, specifications, and all other
contract- and construction-related documents.
2. Conduct a field investigation of the project area
to become familiar with the existing facilities and
the project environment.
3. Become familiar with traffic control plans,
construction schedule, construction sequence,
and permit requirements from other agencies.
4. Verify that the contractor conforms to the design
survey line and grades.
5. Attend weekly progress meetings with the
construction manager, contractor, and
subcontractors.
6. Assist with review of up to (8) shop
drawings/submittals, including resubmittals.
7. Provide full-time and as-needed construction
inspection, including night inspection, of the work
to monitor materials and methods for compliance
with plans, specifications, and contract
documents; address and document non-
conforming items as they are discovered.
8. Monitor compliance with Cal OSHA requirements
and compliance with all local, state, and federal
regulations. Although Willdan will monitor the
activities, it is the contractor’s sole responsibility
to provide workers with a safe working
environment.
9. Provide City’s labor compliance manager with
federally-compliant labor and equipment reports.
10. Monitor compliance with the Clean Air Act and
the Clean Water Act (National Pollutant
Discharge Elimination System – NPDES best
management practices). Also, monitor the
contractor’s compliance with approved SWPPP.
11. Meet with the contractor at the beginning of each
day and review the proposed work plan, including
specific details that may affect progress.
12. Conduct daily measurements of quantities of
work with the contractor.
13. Review actual contractor performance
throughout the day and discuss discrepancies
with the contractor as they occur.
14. Assist in coordination of engineering support,
surveying, specialty inspections, and fieldwork by
utility companies.
15. Ensure compliance of Underground Service Alert
notification/delineation.
16. Evaluate the contractor’s operation and
production with respect to quality and progress
and report to the City’s Project Manager and
Construction Manager.
17. Photograph continuous property frontages along
the street alignment once prior to construction
and once immediately following construction.
Maintain a photographic record of key elements
of each major operation of work each day, with
increased detail in situations of potential changes
or claims.
18. Closely monitor testing results and require the
contractor to provide corrective measures to
achieve compliance.
19. Maintain copies of all permits needed to construct
the project and enforce special requirements of
each.
20. Prepare and maintain detailed daily diary
inspector reports on construction progress.
21. Prepare clear and concise letters and
memoranda, as needed. Establish a solid paper
trail.
22. Maintain field file bound workbooks and Willdan
electronic file during construction, including a
cumulative record of quantities constructed, daily
and weekly reports, working day reports, change
order documentation, photographs, and other
documentation.
23. Analyze delays and review claims on a timely
basis and make recommendations to the
construction manager.
24. Assist with the review and evaluation of up to (3)
change orders.
25. Provide complete measurements and
calculations documented to administer progress
payments.
26. Maintain and submit a clean set of plans marked
in red for as-built corrections on record drawings
to be filed with the City. (City’s design consultant
will transfer the contractor’s record drawings to
original Mylar drawings).
27. Prepare a punch list at substantial completion
and follow up with the contractor regarding
progress of corrections.
28. Schedule a final inspection with the City and
applicable agencies; prepare, distribute, and
inspect corrections to the final punch list for
completion; and recommend final acceptance.
29. Prepare documentation for final payment to the
contractor.
30. Upon project completion, provide the finished set
of project workbooks to the City.
C.11.d
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Page | 3
PROJECT FEE
Willdan proposes to perform the required inspection services on a time and materials (T&M) basis. Willdan’s proposal is based upon the City’s
estimated 60 Working Days construction schedule. Our proposed not-to-exceed fee for the Scope of Work identified above is $30,240.00.
Classification Rate Hrs. Total
Construction Manager and Public Works
Inspector (Senior Public Works Inspector No. V) $126 240 Hrs. $30,240
Total Not-to-Exceed Fee
$30,240.00
1 Hours are estimated and will be depended upon the Contractor’s final phasing and scheduling of the work.
2 Additional service needed beyond this duration will be provided on a time-and-material basis at Willdan's standard hourly rates.
3 Overtime inspection services are not included but will be billed at 1.5 times normal hourly rate if required and may require adjustment to
the approved budget. Work performed by support staff with titles not explicitly listed herein will be charged in accordance with Willdan's
Grand Terrace Project specified hourly rates.
C.11.d
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City of Grand Terrace
Page | 4
Joseph Putrino
Construction Manager/Senior Public Works Observer
Profile Summary
Education: College of the Desert, Palm Desert
Uniform Building Code, Fire Code, and ADA Codes, Bergen Community College
Construction Management, Architectural Drafting, and Blueprint Reading Courses
Registration: Certified Building Inspector, International Code Council
Certified Plumbing Inspector, International Code Council
Certified Mechanical Inspector, International Code Council
Contractor License Class A and B, No. 636747
Experience: 35 Years
Mr. Joseph Putrino is experienced in all aspects of public works construction projects. He possesses
extensive experience with estimating project costs, progress schedules, bid preparation, and complete
project administration.
Relevant Project Experience
Plan Review and Inspection Services for the City of Grand Terrace – 22220 Barton Rd. / New Starbucks
GR0-000-067 & PW0-001-011, City of Grand Terrace, California. Public Works Inspector. The project
includes inspection for the public improvements associated with the construction of the new Starbucks
building at 22220 Barton Road.
22051 Grand Terrace Road, City of Grand Terrace, California. Public Works Inspector. The project
includes inspection for the public improvements associated with the construction of the new building at
22051 Grand Terrace Road.
22200 Barton Road, City of Grand Terrace, California. Public Works Inspector. The project includes
public works inspection for the public improvements associated with the construction of the new 5,342
SF multi-tenant building located at 22200 Barton Road.
23400 Westwood Rough Grading Project, City of Grand Terrace, California. Public Works Inspector. The
project included construction of new on and off-site improvements at the remodeled San Bernardino
Indian Health Center. The project involved the installation of new curb/gutter, rough grading and finish
grading of new parking lot, drainage structures, asphalt repair, and other appurtenant work.
Slurry Seal, De Luz Community Service District, California. Construction Manager. Willdan provided
construction management, inspection, and labor compliance for the De Luz Community Service District’s
Slurry Seal project.
22172 Barton Road/Taco Bell Rough Grading Project, City of Grand Terrace, California. Public Works
Inspector. The project included construction of new on and off-site improvements at the remodeled Taco
Bell at 22172 Barton Rd. The project involved the installation of new curb/gutter, rough grading and finish
grading of new parking lot, drainage structures, asphalt repair, and other appurtenant work.
Police Substation CP 15-07, City of Palm Springs, California. Public Works Inspector. The project includes
ADA upgrades to the police station restrooms, water features, and landscape improvements.
Fire Station No. 4 Remodel and Expansion City Project 15-25, City of Palm Springs, California. Senior
Public Works Observer. The project involved remodeling and expanding the fire station approximately
2,820 square feet to address sleeping quarter separation, decontamination areas, and general ADA
compliance issues. The project construction encompassed demolition, asbestos remediation, structural
foundations, structural retrofit and framing, utility equipment yard enclosure, electrical service
transformer, wet and dry utilities, fire line, sprinkler and alarm systems, keyless entry system, vehicle
emission exhaust system, sand/oil separator, site furnishings and furniture, lighting fixtures, doors and
windows, miscellaneous concrete work, ADA-compliant ramps, site drainage, landscaping, signing and
striping, emergency alerting system, back-up generator, and fuel tank.
C.11.d
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AGENDA REPORT
MEETING DATE: March 28, 2023 Council Item
TITLE: Approve Agreement with Martin Lucio (CSLB# 1031403) for
Construction of a New Trash Enclosure at Veterans
Freedom Park
PRESENTED BY: Luis Gardea, Building Official
RECOMMENDATION: 1. Approve Agreement with Martin Lucio (CSLB#
1031403) for Construction of a New Trash Enclosure at
Veterans Freedom Park in the amount of $33,000 with a
10% Contingency ($3,300).
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 Veterans Freedom Park currently has a deteriorated trash
enclosure in need of replacement to accommodate use for future events held at the
park including City and Community sponsored events. Usage of the park is frequently
used by members of the community during the Little League softball and baseball
seasons in addition to the City’s annual Veterans Day Ceremony.
DISCUSSION:
On February 1, 2023, City staff sent out an invitation to submit bids and contacted
various contractors including “B-General” and “C-29 Masonry” licensed contractors in
the area qualified to build a new trash enclosure. A total of three bids were received and
submitted to staff.
Below are the three bids received by City staff including the compensation amounts.
Total Compensation
Bid 1 Concrete the World
(CTW) Inc.
$54,100.62
Bid 2 Martin Lucio $33,000.00
Bid 3 Jonescape Inc. $39,710.00
The contractor's and subcontractor’s licenses are currently valid, in good standing, and
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references provided positive feedback. The total compensation for Concrete the World
is proposed at $54,100.62, with Martin Lucio at $33,000, and Jonescape Inc. at
$39,710.00
The scope of work includes demolition of the existing trash enclosure and construction
of a new enclosure at a different location at the park that is far more accessible for
guests to use. Work will also include building a retaining concrete curb on the left and
rear side of the enclosure, resurfacing of concrete slab, a new wooden cover on top of
the enclosure, and installation of existing gates to the new trash enclosure with any
needed upgrades.
RECOMMENDATION:
Staff is recommending that Council approve an Agreement with Martin Lucio, (attached
hereto) in an amount not to exceed $33,000 for demolition and construction of a new
trash enclosure 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
proposal.
ENVIRONMENTAL IMPACT:
None
FISCAL IMPACT:
The $33,000 plus 10% contingency of $3,300 for a total of $36,300 will come from the
General Fund account #10-450-710-000-000.
ATTACHMENTS:
• Bid #1 - CTW Inc (PDF)
• Bid #2 - Martin Lucio (PDF)
• Bid #3 - Jonescape Inc (PDF)
• Grand Terrace Public Works Agreement with Martin Lucio (DOCX)
• Grand Terrace Public Works Agreement with Martin Lucio_JT's Edits(DOCX)
APPROVALS:
Luis Gardea Completed 03/20/2023 5:39 PM
City Attorney Completed 03/21/2023 10:08 AM
Finance Completed 03/21/2023 10:43 AM
City Manager Completed 03/21/2023 9:39 AM
City Council Pending 03/28/2023 6:00 PM
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01247.0026/740766.1
PUBLIC WORKS AGREEMENT
By and Between
CITY OF GRAND TERRACE
and
MARTIN ESPARZA LUCIO
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01247.0026/740766.1
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 MARTIN ESPARZA LUCIO. (herein “Agreement”) is made and
entered into this 28 day of March, 2023 by and between the City of GRAND TERRACE, a
California municipal corporation (“City”) and MARTIN ESPARZA LUCIO, 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 thirty-three thousand dollars ($33,000) (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,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
G.12.d
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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
the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
G.12.d
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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”).
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:
G.12.d
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Martin Esparza Lucio 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
G.12.d
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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.
G.12.d
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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’ compensation insurance. Contractor shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Contractor shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Services hereunder by
Contractor, its agents, representatives, employees or subcontractors.
(c) Primary/noncontributing. Coverage provided by Contractor shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
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.
G.12.d
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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
G.12.d
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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.
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of
payroll records in compliance with all applicable laws, or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of 3 years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Contractor’s business, custody of the
books and records may be given to City, and access shall be provided by Contractor’s successor
in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in
providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such
reports concerning the performance of the services required by this Agreement as the Contract
Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the
cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor
agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Contractor is providing design services, the cost of the project being designed, Contractor
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Contractor is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data,
notes, computer files, reports, records, documents and other materials (the “documents and
materials”) prepared by Contractor, its employees, subcontractors and agents in the performance
of this Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use,
reuse or assignment of such completed documents for other projects and/or use of uncompleted
documents without specific written authorization by the Contractor will be at the City’s sole risk
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.
G.12.d
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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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-22-
01247.0026/740766.1
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
G.12.d
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-23-
01247.0026/740766.1
“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]
G.12.d
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-24-
01247.0026/740766.1
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:
MARTIN ESPARZA LUCIO
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.
G.12.d
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01247.0026/740766.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2023 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.
G.12.d
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01247.0026/740766.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2023 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.
G.12.d
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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. Demolition of an existing trash enclosure and construction of a new enclosure at a
different location at the park that is far more accessible for guests to use. Work will
also include building a retaining concrete curb on the left and rear side of the
enclosure, resurfacing of concrete slab, a new wooden cover on top of the
enclosure, and installation of existing gates to the new trash enclosure with any
needed upgrades.
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.
G.12.d
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01247.0026/740766.1
EXHIBIT “A-1”
G.12.d
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01247.0026/740766.1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
G.12.d
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01247.0026/740766.1
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 $33,000 as provided in Section
2.1 of this Agreement.
G.12.d
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01247.0026/740766.1
EXHIBIT C-1
BID SCHEDULE FOR
______
G.12.d
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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 such work shall be completed by June
02, 2023.
II. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
G.12.d
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01247.0006/867431.1
PUBLIC WORKS AGREEMENT
By and Between
CITY OF GRAND TERRACE
and
MARTIN ESPARZA LUCIO
G.12.e
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-1-
01247.0006/867431.1
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF GRAND TERRACE AND
MARTIN ESPARZA LUCIO
This AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF
GRAND TERRACE AND MARTIN ESPARZA LUCIO. (herein “Agreement”) is made and
entered into this 28 day of March, 2023 by and between the City of GRAND TERRACE, a
California municipal corporation (“City”) and MARTIN ESPARZA LUCIO, 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 Incorporation of Green Book.
The provisions of the 2021 Edition of the Standard Specifications for Public Works
Construction, as updated by errata, (“Greenbook”) are incorporated herein, except as explicitly
modified by the Bid Documents. In the event of any conflict between the provisions of the
Greenbook and this Agreement, the terms of this Agreement shall govern.
1.4 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.
1.5 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
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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
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.”
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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
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.
1.6 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.
1.7 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.
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(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
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.
1.8 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.
1.9 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
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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.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon
demand.
1.10 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.
1.11 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.
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(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
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.
1.12 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 thirty-three thousand dollars ($33,000) (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.
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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 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.
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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”).
G.12.e
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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:
Martin Esparza Lucio Principal
(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.
G.12.e
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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.
G.12.e
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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.
G.12.e
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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.
G.12.e
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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’
G.12.e
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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.
G.12.e
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5.5 Labor Bond.
Concurrently with execution of this Agreement, Contractor shall deliver to the City, a labor
and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by
the City Clerk, which secures the payment of all persons furnishing labor and/or materials in
connection with the work under this Agreement (“Labor Bond”).
The Labor Bond required under this Section 5.5 shall contain the original notarized
signature of an authorized officer of the surety and affixed thereto shall be a certified and current
copy of his power of attorney. The bond shall be unconditional and remain in force during the
entire term of the Agreement and shall be null and void only if the Contractor promptly and
faithfully performs all terms and conditions of this Agreement and pays all labor and materials for
work and services under this Agreement. The bond shall be in the form as provided in Exhibit “A-
2” as applicable.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued
by companies qualified to do business in California, rated “A” or better in the most recent edition
of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a
financial category Class VII or better, unless such requirements are waived by the Risk Manager
of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more
than 3 years duration, or in the event the Risk Manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the
Contractor agrees that the minimum limits of the insurance policies and the performance bond
required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk
Manager.
5.7 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent
securities for any funds withheld to ensure performance under this Agreement may be permitted
at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to
an escrow agreement in a form prescribed by Public Contract Code Section 22300, request
payment of retentions funds earned directly to the escrow agent at the sole expense of the
Contractor.
5.8 Release of Securities.
City shall release the Labor 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 has been accepted; and
(c) after passage of the time within which lien claims are required to be
made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor
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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]
G.12.e
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-25-
01247.0006/867431.1
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:
MARTIN ESPARZA LUCIO
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.
G.12.e
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01247.0006/867431.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2023 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.
G.12.e
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01247.0006/867431.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2023 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.
G.12.e
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01247.0006/867431.1 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. Demolition of an existing trash enclosure and construction of a new enclosure at a
different location at the park, as approved by the Public Works Director, that is far
more accessible for guests to use. Work will also include building a retaining
concrete curb on the left and rear side of the enclosure, resurfacing of concrete slab,
a new wooden cover on top of the enclosure, and installation of existing gates to
the new trash enclosure with any needed upgrades.
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.
G.12.e
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01247.0006/867431.1
EXHIBIT “A-1”
G.12.e
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01247.0006/867431.1
EXHIBIT “A-2”
PAYMENT BOND
We, __________, 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 Grand Terrace (“City”) and those for whose benefit this bond insures in the
sum of ___________ ($_______). 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.
G.12.e
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01247.0006/867431.1
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.
G.12.e
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01247.0006/867431.1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
G.12.e
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01247.0006/867431.1
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 $33,000 as provided in Section
2.1 of this Agreement.
G.12.e
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01247.0006/867431.1
EXHIBIT C-1
BID SCHEDULE FOR
______
G.12.e
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01247.0006/867431.1
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 such work shall be completed by June
02, 2023.
II. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
G.12.e
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