Zone Delineation:
The fuel modification plan shall identify one or more of the following zones: A –Setback Zone; B – Irrigated Zone; C –Thinning Zone; D –Interface Thinning Zone. The actual width of zone(s) will depend on the ability to provide desirable clearance from around structures and a defensible space for firefighters.
The size and type of the fuel modification zone(s) will be determined by the Fire Department upon review of the preliminary plans for the project. Fuel modification distances are designed for typical worst-case fire weather scenarios and are not intended to be a blanket requirement for all fuel modification plans. Planting of low-volume, fire resistive and drought tolerant vegetation may be required, for erosion control.
PL A B C D
ZONE A = Setback Zone:
20 feet setback minimum, No
Combustible construction allowed.
ZONE B = Irrigated Zone:
50 feet minimum width. Cleared, irrigated and
re-planted with fire resistive/drought tolerant vegetation.
Some native vegetation may remain with Fire Dept. approval.
ZONE C = Thinning Zone:
50 feet minimum width. All dead and/or dying vegetation removed.
Per Fire Dept., a percentage of native vegetation to be removed.
ZONE D = Interface Thinning Zone:
50 feet minimum width. All dead and/or dying vegetation removed.
Per Fire Dept., a percentage of native vegetation to be removed.
The location of property lines will vary, if property lines are located within the fuel modification areas, appropriate documentation e.g., maintenance easements and/or deed restrictions, shall be established to: 1) Restrict certain activities and uses on those portions of any private property within the fuel modification areas and: 2) Identify those parties responsible for the establishment and continued maintenance of the fuel modification areas located on private property.
Regardless of the entity responsible for fuel modification maintenance, the continued maintenance shall be in accordance with the Maintenance and Enforcement Section of this guideline.
FUEL MODIFICATION PLAN GUIDELINES
INTRODUCTION:
A fuel modification plan identifies specific zones within a property which are subject to fuel modification. The submittal of fuel modification plans that meet the requirements of these guidelines will enable the Fire Department and other city agencies to expedite the processing of the applicant’s project.
A fuel modification zone is a strip of land where combustible native or ornamental vegetation has been modified and/or partially or totally replaced with drought tolerant, fire resistive plants.
Fuel modification plans will vary in complexity and reflect the fire history and potential fire activity of the area, the amount and type of vegetation, the arrangement of the fuels, topography, local weather patterns and construction, design and placement of structures.
PURPOSE OF FUEL MODIFICATION:
Fuel modification reduces the radiant and convective heat, and provides fire suppression forces a defensible space in which to take action against an approaching fire. Fuel modification zones are strategically placed as a buffer to open space, or areas of natural vegetation and generally would occur surrounding the perimeter of a subdivision, commercial development or isolated development of a single family dwelling.
Protected Land Areas: Any project located contiguous to protected lands, as defined in Government Code Section 51184, shall be handled on a case-by-case basis as identified within this code section.
Special Constraints Areas: Information regarding physical, environmental, and legal constraints that may compromise the ability to complete the fuel modification requirements of the project should be addressed in the first stages of design and planning, at the time of preliminary review. Alternative solutions to conflicts may include modifications in the zone widths as a result of set backs, structure orientation, building design and materials selection, utilization of streets, parks, golf courses, natural barriers, existing development or increased irrigation zones.
SUBDIVISION REQUIREMENTS:
Fire Code requirements for subdivisions including access, fire flow, fire sprinklers, and fire resistive construction techniques will be considered and credited, as appropriate, by the Fire Department in establishing the final fuel modification requirements for a project. Alternative fuel modification proposals may be submitted to the Fire Department for review and approval.
Extreme Fire Hazard Areas: If the Fire Department concludes an extreme fire hazard exists on the property, additional mitigation measures may be required. The Fire Department shall review each project on a case-by-case basis to identify the contributing extreme fire hazard conditions including, but not limited to:
a. wind direction, normal/prevailing & special weather patterns b. wind velocity, normal/prevailing & special weather patterns c. fuel loading
d. topography, slope & aspect
e. access for firefighting apparatus
f. water supply, delivery systems & adequacy
g. construction standards & types
h. neighboring land uses
FUEL MODIFICATION ZONES; ZONE DELINEATION:
The size of the fuel modification zone(s) will be determined by the Fire Department upon review of the preliminary plans. Fuel modification distances are designed for typical fire weather scenarios and are not intended to be a blanket requirement for all fuel modification plans. Planting of low-volume, fire retardant, drought tolerant plants may also be required for erosion control. Approved zone delineation markers shall be shown on the plans and installed so as to be permanent and visible for physical identification of zones on site.
The fuel modification plan shall identify one or more of the following zones based upon preliminary plan review by the Fire Department:
A Setback Zone
B Irrigated Zone
C Thinning Zone
D Interface Thinning Zone
ZONE A – SETBACK ZONE
Purpose:
• Provides defensible space for fire suppression forces • Offers protection from intense flames and sparks or embers carried by strong winds common to a wildfire, by reducing the probability of ignition through increased moisture content of existing vegetation and removal of fine fuels
General Requirements:
• Zone in closest proximity to property line.
• Minimum 20 feet beyond the property line.
• Most vegetation in this zone is limited to ground covers, green lawns and a limited number of selected ornamental plants.
Special Requirements:
• Structures, attached accessory structures, appendages or projections must comply with construction requirements for High Fire Hazard Severity Zone areas • Combustible detached accessory structures such as patio covers, decks, carports, trellises or similar accessory structures, within 20 of a combustible structure must comply with construction requirements for High Fire Hazard Severity Zone areas • Irrigation away from native Oak trees and outside the dripline • Pruning of foliage to reduce duel load, vertical continuity, removal of plant litter and dead wood • Complete removal of undesirable plant species, minimal allowance for retention of selective native vegetation
• Plants in this zone shall be highly fire resistant and selected from the approved planting list for the setback zone
• Targeted trees are not allowed within 10 feet of combustible structures. Other tree species may be allowed pursuant to the Fire Code regarding clearance of brush and vegetative growth but are not recommended
• Special consideration will be given for rare and endangered species, geologic hazards, tree ordinances or other conflicting restrictions
Maintenance:
• Requires continual removal and/or thinning of undesirable combustible vegetation, replacement of dead/dying natural vegetation and replacement with fire resistant plants, maintenance of the operational integrity and programming of the irrigation systems. • Regular trimming to prevent ladder fuels.
• Compliance with the Fire Code is a year-round responsibility. Enforcement will occur following inspection by the Fire Department annually or as needed.
ZONE B – IRRIGATION ZONE
Purpose:
• Provide defensible space for fire suppression forces
• Augment irrigation and planting required by the City, relating to remanufactured slopes and landscape ordinances
General Requirements:
• Structures of combustible material not allowed
• Some native or existing vegetation may remain if spaced according to planting guidelines and maintained free of dead wood, and individual plants are thinned to a percentage as specified during the preliminary review to reduce the fuel loading • A large percentage of existing vegetation shall be removed and replaced with appropriate irrigated fire resistant and drought tolerant plant material Specific Requirements:
• With the exception of specimen native vegetation approved for retention, irrigated surface fuels shall be maintained at a height not to exceed 18 inches • Irrigation shall be designed to supplement native vegetation, and establish and maintain planted natives and ornamentals
• Planting will be in accordance with planting guidelines and spacing standards established in these guidelines to avoid erosion
• Special consideration will be given for rare and endangered species, geologic hazards, tree ordinances, or other conflicting restrictions as identified in the environmental documents submitted for project approval, or upon further review
• Removal of undesirable plant species as determined during preliminary review Maintenance:
• Requires continual removal and/or thinning of undesirable combustible vegetation, replacement of dead/dying natural vegetation and replacement with fire resistant plants, maintenance of the operational integrity and programming of the irrigation systems • Regular trimming to prevent ladder fuels
• Compliance with the Fire Code is a year-round responsibility. Enforcement will occur following inspection by the Fire Department annually or as needed.
ZONE C – THINNING ZONE
Purpose:
• Designed to slow the rate of spread, reduce flame length, and intensities of the fire front, prior to reaching the irrigated areas
• Designed to eliminate the spread of fire from one plant to another via ladder fuels and eliminate horizontal continuity by properly spacing remaining vegetation and limiting large masses of unbroken vegetation
• Reduce the fuel load of a wildland area adjacent to a structure, thereby, reducing the radiant and convective heat of wildland fires upon structures
General Requirements:
• Predominantly existing vegetation with removal of the majority of undesirable plant species including trees and tree-form shrubs
• Reduce fuel loading by reducing the fuel in each remaining shrub or tree without substantial decrease in the canopy cover or removal of soil holding root systems • Some replacement planting with ornamental or less flammable native species to meet minimum slope coverage requirements of city landscape or hillside ordinances • Natural vegetation is thinning by reduced amounts as the zone moves away from the development
Specific Requirements:
• Removal of all dead and dying vegetation, all fine fuels reduced to 3 inches in height. • Any plants selected for planting in this zone will be chosen from the approved plant list for the setback, irrigated, or thinning zone for a given geographical area. • Special consideration will be given for rare and endangered species, geologic hazards, tree ordinances, or other conflicting restrictions as identified in the environmental documents submitted for project approval review.
Maintenance:
• Requires continual removal and/or thinning of undesirable combustible vegetation, replacement of dead/dying natural vegetation and replacement with fire resistant plants, maintenance of the operational integrity and programming of the irrigation systems • Compliance with the Fire Code is a year-round responsibility. Enforcement will occur following inspection by the Fire Department annually or as needed. • Debris and trimmings produced by thinning and pruning shall be removed from the site or chipped and evenly dispersed in the same area to a maximum depth of 5 inches ZONE D – INTERFACE THINNING ZONE
Purpose:
• Designed to slow the rate of spread, reduce flame length, and intensities of the fire front, prior to reaching the irrigated areas
• Designed to eliminate the spread of fire from one plant to another via ladder fuels and eliminate horizontal continuity by properly spacing remaining vegetation and limiting large masses of unbroken vegetation
• Reduce the fuel load of a wildland area adjacent to a structure, thereby, reducing the radiant and convective heat of wildland fires upon structures
General Requirements:
• Area serving as the initial interface between wildland areas and fuel modification zones • Consists of native vegetation individually thinned to reduce foliage mass or fuel loading. This does not necessarily require removing plants but thinning those that exist. • Proper thinning and spacing of the remaining trees and tree-form native shrubs, reducing fuel load without overly exposing the soil to the treat of erosion • Natural vegetation is thinned by reduced amounts as the zone moves away from the structure or development
Specific Requirements:
• Maintain sufficient cover to prevent erosion without requiring planting • Special consideration will be given for rare and endangered species, geologic hazards, tree ordinances, or other conflicting restrictions as identified in the environmental documents submitted for project approval review
• Any plants selected for planting in this zone will be chosen from the approved plant list for the setback, irrigated, or thinning zone for a given geographical area • Special consideration will be given for rare and endangered species, geologic hazards, tree ordinances, or other conflicting restrictions as identified in the environmental documents submitted for project approval review
Maintenance:
• Maintenance of this zone requires removal of overgrowth and major pruning every 3 years • Debris and trimmings produced by thinning and pruning shall be removed from the site or chipped and evenly dispersed in the same area to a maximum depth of 5 inches • Compliance with the Fire Code is a year-round responsibility. Enforcement will occur following inspection by the Fire Department annually or as needed.
OFF-SITE FUEL MODIFICATION
Off-site fuel modification is generally not recommended due to problems inherent with enforcement of regulations on adjacent property and the potential for confusion regarding responsibility for fuel modification area outside legal ownership. However, if the applicant should voluntarily request and obtain permission from neighboring property owners for fuel modification, it shall be taken into consideration by the Fire Department as part of the project’s fuel modification plan.
The intent of these guidelines is to provide for a fuel modification within the proposed project’s or structure’s property boundaries. If the fuel modification zones, consistent with these guidelines, cannot be fully contained on the subject property, on-site alternative means and methods should be sought to provide an equal level of protection from wildland fire. Alternative means and methods may include, but are not limited to the following:
1. Increasing the width of the setback or irrigated zones to reduce thinning zone dimensions.
2. Enhancing fire protection construction techniques.
3. Structure orientation.
4. Construction of non-combustible fencing material.
COMPLIANCE
Map Recordation:
• Fuel Modification Plan review and approval is required prior to recordation of map.
Building permits:
• Implementation of the fuel modification plan (other than that which will be assigned to the home owner) is required prior to the issuance of building permits.
Long Term Maintenance/Enforcement:
• The builder/developer is responsible for providing new property owners with recorded CC&R’s or disclosure statements identifying the responsibilities for maintaining the fuel modification zone(s) within their property as defined in the approved Fuel Modification Plan. • Compliance with the Fire Code is a year-round responsibility. Enforcement will occur following inspection by the Fire Department annually or as needed. • The Fire Chief or Fire Marshal may require increased zone widths if in their opinion an increased threat of wildfire exposure exists as a result of topography, vegetation, geological or environmental features.
CHECK LIST FOR REQUIRED FUEL MODIFICATION PLANS
1. The applicant (builder/developer) shall submit 3 sets of Fuel Modification Plans, with contour lines; indicating building/structure envelopes to the Fire Prevention Department.
2. Indicate existing land uses contiguous in all directions up to 200 feet outside of the project boundaries (i.e., construction, natural vegetation, geological features. roads, parks, etc.)
3. Indicate who will be responsible for the initial construction of the fuel modification zone(s).
Indicate who will be responsible for long term maintenance of fuel modification zone(s) (property owner, adjacent property owner, landscape maintenance district, Homeowners Association, etc.).
4. Submit copies of environmental documents which may disclose conflict with fuel modification plan requirements (i.e., endangered species habitat mitigation, Oak tree preservation, etc).
5. Indicate the areas to be irrigated and the type of irrigation system to be installed. Indicate type of sprinkler head, and include manufacturers information to verify coverage.
6. Identify the location and type of all supplemental plantings and location, and the type and size of the plants to remain on site following modification. Include a complete list of all plants/vegetation/scrubs/trees identified by their common and scientific name. Indicate any specific maintenance intended for the site/zone(s) such as special pruning, mowing, etc.
7. Indicate zone (A, B, C, D) delineation and fuel modification actions planned for each zone.
8. Attach a copy of the recorded CC&R’s pertaining to the fuel modification maintenance requirements and responsibilities.
NOTE:
Documents prepared specifically to meet requirements of other agencies may be submitted, provided the necessary information is included, Approval of a Fuel Modification Plan by the Fire Department does not eliminate the requirement or the responsibility of the applicant to obtain appropriate environmental, grading, building, and zoning clearances or permits from the agencies having jurisdiction.
City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: AWARD CONSTRUCTION CONTRACT FOR SENIOR CENTER
RESTROOM RENOVATION, PROJECT NO 2024-05.
MEETING DATE: January 21, 2025
PREPARED BY: Will Kolbow, City Manager
Mari Shakir, Public Works Director
RECOMMENDATION: That the City Council:
1. Award a construction contract to California Custom Builders of Ventura, California. for the amount of $131,233 for the Senior Center Restroom Renovation, Project No. 2024-05; and
2. Approve a construction contingency for the amount of $13,100, a design budget of $12,000 for expenses to date for staff time for advance planning, plans, specifications, estimates, bidding and project management, and a budget for the management of construction including inspection and permits in the amount of up to $25,202; for a total additional project cost of $50,302.00; and
3. Approve the Plans and Specifications.
BACKGROUND: Staff developed preliminary plans for the Renovation of the Senior Center Restrooms and multiple city department’s input. City Council approved the FY 2024-25 Budget which included an appropriation to the Capital Improvement Project Fund for Senior Center Restroom Renovation. On October 21, 2024 Council approved a budget for the project including the advance purchase of fixtures and equipment in anticipation of the project in the amount of $18,150.
DISCUSSION: Staff advertised for public bidding on the construction project in plan rooms, newspaper as well as multiple personal contacts with contractors. A non-mandatory bid walk was held on October 29 and was attended by 2 plan holders. The bid opening was held on November 12, 2024. Four bids were received as follows:
1 EBSA Construction $163,900.00
2 BCM Group, Inc. $168,222.00
3 Preferred General Services $171,779.60
4 California Custom Builders $131,233.00
The apparent low bidder was California Custom Builders of Ventura, California. Staff recommends awarding the construction contract to California Custom Builders for the bid amount of $131,233.
Their bid has been deemed responsive, licenses and references are all favorable.
FISCAL IMPACT: The bid is $131,233. The total budget and estimate for the project, including costs incurred to date, is as follows:
BUDGET AMOUNT
Available Funding
1 Capital Improvement Project Fund Senior Center Restroom Renovation Budget
$200,000
Design, Construction, Management
1 Design/Bidding/Project Management $ 12,000
2 Construction $131,233
3 Construction Contingency $13,100
4 Plumbing Fixtures and Furnishings, Equipment Purchase $18,150 5 Construction Permits, Inspection $14,310
6 Construction management, estimated $10,892
GRAND TOTAL $199,685
Based on the table above, the FY 2024-25 Budget for the Capital Improvement Project Fund Senior Center Restroom Renovation contains sufficient funding to complete the project. It should be noted that the Design/Bidding/Project Management and construction permits, inspection, management portions of the project, totaling $37,202, will be provided by Charles Abbott and Associates staff, whom the City contracts with for Public Works and Building and Safety staff augmentation.
ATTACHMENTS:
Attachment A: California Custom Builders bid.
Attachment B: Contract Agreement
Attachment 8A
1 AGREEMENT
THIS AGREEMENT is made and entered into this _______ day of ___________ 2024, by and between the City of Calimesa, a municipal corporation, hereinafter referred to as “City”, and , located at
Contractor / Company Name Street Address
hereinafter referred to as
“Contractor".
City State Zip Code Phone
PROJECT: SENIOR CENTER RETROOM RENOVATION PROJECT 2024-05 .
WITNESSETH, in this consideration of their covenants, the parties hereto agree as follows:
The contract documents for the Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications and appendices; together with this Agreement and all required bonds, indemnity insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively, the “Contract Documents”). The Contract Documents are made a part hereof as though fully set forth herein.
In consideration of such work, City agrees to pay Contractor and Contractor agrees to accept the sum of _____________________________________________________and No/Cents, ($____________) in the manner provided in the Contract Documents and subject to adjustment provided therein.
Concurrently with the execution of this Agreement, Contractor shall file with the City the bonds and certificates of insurance specified in the Contract Documents and subject to adjustment provided therein.
This Contract shall not be assigned without the written permission of the City Council.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.
ATTEST: CITY OF CALIMESA
A Municipal Corporation
Darlene Gerdes, City Clerk Date Mayor Date
FUNDS AVAILABLE: CONTRACTOR:
Celeste Reid, Finance Director Date Date
Mari Shakir, Public Works
Director
Date Date
APPROVED AS TO FORM:
Quinn Barrow, City Attorney Date
Attachment 8B
2 CONTRACTOR’S PAYMENT BOND
Public Contract
KNOW ALL BY THESE PRESENTS: That
As Principal (herein called “Principal”) and
As Surety (herein called “Surety”)
are held and firmly bound unto the City of Calimesa, a Municipal Corporation of the State of California (herein called “Obligee”), in just and full sum of ($______________________), lawful money of the United States of America, (said sum being equal to 100% of the estimated amount payable by the terms hereinafter described Contract) for the payment of which, well and truly to be made, we hereby bind ourselves and our, and each of our, heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, Principal has been awarded a Contract for the following described work of improvement and is required by Obligee to give this bond in connection with the execution of the written Contract therefore, NOW, THEREFORE, if Principal or his subcontractors shall fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, the Surety will pay for the same, in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney’s fee to be fixed by the court. This bond shall insure to the benefit of any and all persons entitled to file claims under the Civil Code so as to give a right of action to them or their assigns in any suit brought upon the bond. No extension of time granted to the Principal and no change or alteration in any of the terms of the Contract or the Contract documents or the work to be performed hereunder, whether made after notice of not, shall release or otherwise affect the obligations of the Surety hereunder, and the Surety waives notice of any such extension, change, or alteration. The Surety, by the execution of this bond, represents and warrants that this bond has also been duly executed by the Principal with proper authority, and the Surety hereby waives any defense, which it might have by reason of any failure of the Principal to execute or properly execute this bond. In the event suit is brought upon this bond by the Obligee and judgment is recovered by the Obligee, court costs, including reasonable attorney’s fees, shall be an additional obligation of this bond for which Principal and Surety shall be liable.
Signed and Sealed this ____________________ day of ___________________, 2024,
PRINCIPAL
APPROVED AS TO FORM:
SURETY
NOTE TO SURETY COMPANY:
The following form of acknowledgment should be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of
authority for the attorney-in-fact.
By:
Date:
(SURETY CO. ATTORNEY-IN-FACT)
ATTACH APPROPRIATE JURAT (S)
3 PERFORMANCE BOND
Public Contract
KNOW ALL BY THESE PRESENTS: That
As Principal (herein called “Principal”) and
As Surety (herein called “Surety”)
are held and firmly bound unto the City of Calimesa, a municipal corporation of the State of California (herein called “Obligee”), in just and full sum of ($_____________________), lawful money of the United States of America, (said sum being equal to 100% of the estimated amount payable by the terms of the hereinafter described Contract) for the payment of which, well and truly to be made, we hereby bind ourselves and our, and each of our, heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, Principal has been awarded a Contract for the following described work of improvement and is required by Obligee to give this bond in connection with the execution of the written Contract therefor, NOW, THEREFORE, if Principal shall well and truly do and perform each and all of the covenants, conditions, and agreements of said Contract on the Principal’s part to be done and performed, and any and all alterations thereof made herein provided, at the time and in the manner therein specified, and shall indemnify and save harmless the Obligee, its officers, agents, and employees, as therein stipulated, then this obligation shall be null and void, otherwise it shall remain in full force and effect.
No extension of time granted to the Principal and no change or alteration in any of the terms of the Contract or the Contract Documents or the work to be performed there under, whether made after notice or not, shall release or otherwise affect the obligation of the Surety hereunder, and the Surety waives notice of any such extension, change, or alteration. The Surety, by the execution of this bond, represents and warrants that this bond has also been duly executed by the Principal with proper authority, and the Surety hereby waives any defense, which it might have by reason of any failure of the Principal to execute or properly execute this bond.
In the event suit is brought upon this bond by the Obligee and judgment is recovered by the Obligee, court costs, including reasonable attorney’s fees, shall be an additional obligation of this bond for which Principal and Surety shall be liable.
Signed and Sealed this ____________________ day of ___________________, 2024.
PRINCIPAL
APPROVED AS TO FORM:
SURETY
NOTE TO SURETY COMPANY:
The following form of acknowledgment should be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of
authority for the attorney-in-fact.
By:
Date:
(SURETY CO. ATTORNEY-IN-FACT)
ATTACH APPROPRIATE JURAT (S)
4 CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:
Named Insured
(Contractor)
Companies Affording
Coverage:
Address: A
.
B
.
C
.
Policy
Number
Company
A,B,C
Coverage Expiration
Date
B.I. Limits
P.D.
Aggregate
Automobile Liability
General Liability
Product / Completed Operation
Blanket Contractual
Contractor’s Protective
Personal Injury
Other
Excess Liability
Worker’s Compensation
It is hereby understood, and agreed, that the City of Calimesa, its City Council and each member thereof and every officer and employee of the City shall be named as a joint and several assureds with respect to claims arising out of the following project:
It is further agreed that the following indemnity agreement between the City of Calimesa and the named insured is covered under the Policy. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, actions challenging the award of this contract, stop notices, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
The Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of the Contractor in the performance of the Contract. If the Contractor fails to obtain such indemnity obligations, the Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of the Contractor’s Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that the Contractor’s Subcontractor shall bear the legal liability thereof) in the performance of the Contract, 5 including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company’s liability and that insurer waives any right on contribution with insurance which may be available to City of Calimesa. In the event of cancellation or material change in the above coverage, the company will give forty-five (45) days written notice of cancellation or material change to the certificate holder.
Except to certify that the policy(ies) described above have the above-endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all terms, exclusions and conditions of such policies.
Date: By:
Agency: Title:
Address:
6 CERTIFICATE OF INSURANCE
Worker’s Compensation
WHEREAS, the City of Calimesa has required certain insurance to be provided by:
NOW, THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time.
1. This certificate is issued to: City of Calimesa, City Hall, 908 Park Avenue, Calimesa, CA 92320.
2. The insureds under such policy or policies are:
3. Worker’s Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds, as follows:
Policy Number Effective Date Expiration Date
4. Said policy or policies shall not be canceled, nor shall there be any reduction in coverage or limits or liability, unless and until thirty (30) days written notice thereof has been served upon the City Clerk of the City of Calimesa.
APPROVED AS TO FORM:
City Attorney
Date:
City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: PUBLIC HEARING - REQUEST TO CONTINUE ITEM - PROPOSED ORDINANCE TO UPDATE PARTICIPATION IN THE TUMF PROGRAM;
RESOLUTION ADOPTING A TUMF SCHEDULE
MEETING DATE: January 21, 2025
PREPARED BY: Will Kolbow, City Manager
Michael Thornton, City Engineer
RECOMMENDATION: That the City Council open the public hearing and continue it to the City Council Meeting of February 3, 2025, as staff needs more time to review the draft ordinance provided by WRCOG prior to presenting the updated ordinance.
City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: CITY COMMISSION APPOINTMENTS
MEETING DATE: January 21, 2025
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION:
1. That Mayor Molina appoint one member to the Library Commission and that the City Council ratify the appointment by a majority vote and adopt Resolution No. 2025-03 providing for appointment made.
2. That Council Member Garcia appoint one member to the Planning Commission and that the City Council ratify the appointment by a majority vote and adopt Resolution No. 2025-04 providing for appointment made.
SUMMARY: Calimesa Municipal Code Chapter 2.20 provides for the regulations and processes of City established Commissions and Boards. Chapter 2.25 established the Parks, Trails & Community Services Commission, Chapter 2.30 established the Library Commission and Chapter 2.45 established the Planning Commission.
Appointments were made by the City Council at the December 16, 2024 meeting, however, there were two vacancies that were not filled at that time. One vacancy exists on the Library Commission and on vacancy exists on the Planning Commission. The Library Commission appointment will be made by Mayor Molina, and the Planning Commission appointment will be made by Council Member Garcia. Applications have been received, and Mayor Molina and Council Member Garcia have informed City staff of their intended appointments to fill these two vacancies. The applications are attached as Attachments C and D.
Resolutions 2025-03 and 2025-04 will need to be adopted ratifying the appointments made by Mayor Molina and Council Member Garcia.
ATTACHMENTS:
Attachment A: Resolution No. 2025-03
Attachment B: Resolution No. 2025-04
Attachment C: Citizen Service Application submitted for Library Commission by Julie Saba Attachment D: Citizen Service Application submitted for Planning Commission by Louis Enciso RESOLUTION NO. 2025-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA, PROVIDING FOR APPOINTMENTS TO
THE LIBRARY COMMISSION.
WHEREAS Section 2.20.050 of the Calimesa Municipal Code requires that the City Council shall, by resolution, establish policies and procedures for appointing and removing Commissioners.
WHEREAS, Resolution No. 98-26, Section 2(a) requires that members of each Commission shall be appointed and shall serve for a period of time set forth in the ordinance creating the commission.
WHEREAS, Chapter 2.30.010 of the Calimesa Municipal Code requires that the Library Commission shall consist of five (5) members and be appointed as follows:
Each Council Member shall appoint one (1) Commissioner who shall serve at the pleasure of that appointing City Council Member for the term (or remainder thereof) of the City Council Member or to fill the unexpired term of a former incumbent, in which case, the appointment shall be for the unexpired term. Each Library Commissioner shall serve at the pleasure of the City Council. Appointments to the Library Commission shall be ratified by a majority vote of the City Council.
WHEREAS, Mayor Molina appoints Julie Saba to the Library Commission, for a term to expire December 2028.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES HEREB Y RESOLVE AS FOLLOWS:
The City Council ratifies Mayor Molina’s appointment of Julie Saba to the Library Commission.
PASSED, APPROVED AND ADOPTED this 21st day of January 2025. ________________________________
LINDA MOLINA, MAYOR
ATTEST:
_____________________________________
DARLENE GERDES, CITY CLERK
Attachment 10A
RESOLUTION NO. 2025-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA, PROVIDING FOR APPOINTMENTS TO
THE PLANNING COMMISSION.
WHEREAS Section 2.20.050 of the Calimesa Municipal Code requires that the City Council shall, by resolution, establish policies and procedures for appointing and removing Commissioners.
WHEREAS, Resolution No. 98-26, Section 2(a) requires that members of each Commission shall be appointed and shall serve for a period of time set forth in the ordinance creating the commission.
WHEREAS, Chapter 2.45.020 of the Calimesa Municipal Code requires that the Planning Commission shall consist of five (5) members and be appointed as follows: Each Council Member shall appoint one (1) Commissioner who shall serve at the pleasure of that appointing City Council Member for the term (or remainder thereof) of the City Council Member or to fill the unexpired term of a former incumbent, in which case, the appointment shall be for the unexpired term. Each Planning Commissioner shall serve at the pleasure of the City Council. Appointments to the Planning Commission shall be ratified by a majority vote of the City Council.
WHEREAS, Council Member Garcia appoints Louis Enciso to the Planning Commission, for a term to expire December 2028.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES HEREB Y RESOLVE AS FOLLOWS:
The City Council ratifies Council Member Garcia’s appointment of Louis Enciso to the Planning Commission.
PASSED, APPROVED AND ADOPTED this 21st day of January 2025. ________________________________
LINDA MOLINA, MAYOR
ATTEST:
_____________________________________
DARLENE GERDES, CITY CLERK
Attachment 10B
Attachment 10C
Attachment 10D