Calimesa City Council
February 18, 2025

Regular Meeting of the Calimesa City Council
Tuesday, February 18, 2025

CALL TO ORDER
ROLL CALL: MAYOR MOLINA, MAYOR PRO TEM CERVANTEZ, COUNCIL MEMBER CUNDIEFF, COUNCIL MEMBER GARCIA AND COUNCIL MEMBER MANLY.

STAFF: CITY MANAGER KOLBOW, CITY ATTORNEY FLOWER, CITY CLERK

GERDES, FINANCE DIRECTOR REID, PLANNING DIRECTOR LUCIA, INTERIM

PUBLIC WORKS DIRECTOR SHAKIR, CITY ENGINEER THORNTON, FIRE CHIEF O’CONNELL AND SHERIFF CAPTAIN NORTHRUP.

PLEDGE OF ALLEGIANCE
PRESENTATIONS Dave Armstrong, General Manager - South Mesa Water Company

COMMUNICATIONS FROM THE PUBLIC
Pursuant to the Brown Act, this is the opportunity for members of the public to directly address the Council on any item within the Council’s subject matter jurisdiction. Please note that this is also the time in which members of the public may address the Council on any item on the Consent Calendar. This is not the time for City Council discussion of non-agenda items. After receiving public comments, Council Members, or staff, after being recognized by the Mayor, may briefly respond to statements made by the public or questions posed by the public. In addition, Council Members may ask questions for clarification or make a referral to staff for factual information to be reported back to the Council at a later meeting.

Regular Meeting of the Calimesa City Council
Meeting Agenda
Tuesday, February 18, 2025 – 6:00 p.m.

Norton Younglove Multipurpose Senior Center
908 Park Avenue, Calimesa, CA 92320
Linda Molina, Mayor  Jeff Cervantez, Mayor Pro Tem
Eric Cundieff, Council Member  Edgar Garcia, Council Member  John Manly, Council Member Will Kolbow, City Manager  Steven Flower, City Attorney The Calimesa City Council will be conducting this meeting in the Norton Younglove Senior Center. Members of the public may attend this meeting in person at the Norton Younglove Senior Center, 908 Park Avenue, Calimesa, CA 92320, or the public may view the City Council meetings live at https://www.youtube.com/@calimesacity900/live beginning at 6:00 p.m.

Submission of Public Comments: Public comment will be allowed by completing a speaker slip and providing it to the City Clerk at the meeting. Please observe a time limit of three (3) minutes when giving your presentation. When called upon, please step forward to the microphone, state your name for the record, whom you represent and any statement you wish to make. Please be advised that you may not defer your three (3) minutes to another speaker.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Clerk’s Office, (909) 795-9801. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Any public writings distributed by the City to at least a majority of the Council Members regarding any item on this regular meeting agenda will be made available at the public counter at City Hall located at 908 Park Avenue, Calimesa, CA 92320.

Regular Meeting of the Calimesa City Council
Tuesday, February 18, 2025

APPROVAL OF THE AGENDA, CONSENT CALENDAR AND WAIVER OF FULL READING OF ORDINANCES This is the time for the City Council to notify the public of any changes to the agenda; such as removal of an agenda item, rearrangement of the agenda, postponement of an agenda item or continuance of an item to a future meeting. This is also the time for the City Council to remove items from the Consent Calendar for individual consideration. Waiver of full reading of ordinances does not take policy action or approve or disapprove any ordinances on the agenda, it simply means that the entire text of the ordinance will not be read.

RECOMMENDATION: Move to approve the agenda and consent calendar Motion________________________ Second_______________________ Vote___________________________ CONSENT CALENDAR (Items 1 – 7)
The following items on the Consent Calendar are routine and customary items and are enacted by a single motion, with the exception of items previously removed during “Approval of the Agenda” for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.

1. APPROVAL OF CITY COUNCIL ACTION MINUTES.
a) City Council action minutes of February 3, 2025 regular meeting.

2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) Library Commission action minutes of December 3, 2024 regular meeting. b) Parks, Trails & Community Services action minutes of December 4, 2024 regular meeting.

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $1,050,497.90 (Check Nos. 43100 to 43169). b) January 30, 2025 Payroll of $171,176.77
February 1, 2025 Council Payroll of $5,441.45

4. COUNCIL TRAVEL EXPENSES.

RECOMMENDATION: That the City Council move to approve the Council Travel Training and Meeting/Mileage Expenses Report through January 31, 2025.

5. TREASURER’S REPORT FOR THE MONTH ENDED DECEMBER 31, 2024.

RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended December 31, 2024.

6. PARK AND CFD LANDSCAPE MAINTENANCE AWARD OF CONTRACT.

RECOMMENDATION: That the City Council award a contract to Garden Hills Landscape to provide landscape maintenance services at Summerwind Park, Mountainview Park and the Singleton Heights CFD in the amount of $148,420 per year.

7. APPOINTMENT OF STEVEN FLOWER AS CITY ATTORNEY WITH THE ADOPTION OF RESOLUTION 2025-06 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA APPOINTING STEVEN FLOWER AS CITY ATTORNEY FOR THE CITY OF CALIMESA.

RECOMMENDATION: That the City Council appoint Steven Flower as City Attorney of the City of Calimesa by the adoption of Resolution No. 2025-06.

CALIMESA CHAMBER OF COMMERCE REPORT

page 128

Regular Meeting of the Calimesa City Council
Tuesday, February 18, 2025

PUBLIC HEARINGS
The order of business for the Public Hearing shall be:

A. Open Public Hearing
B. Staff Presentation
C. Applicant/Representative Presentation
D. Public Testimony
E. Applicant Rebuttal (if necessary)
F. Public Testimony Closed
G. Close Public Hearing
H. Council Discussion
I. Council Motion and Vote

8. PUBLIC HEARING - PROPOSED ORDINANCE TO UPDATE PARTICIPATION IN THE TUMF PROGRAM; RESOLUTION ADOPTING A TUMF SCHEDULE.

RECOMMENDATION: That the City Council:

1. Open the Public Hearing, take public testimony; and

2. Adopt First Reading by title only Ordinance No. 408, An Ordinance of the City Council of the City of Calimesa amending and superseding Ordinance No. 351 to amend chapter 18.105 of the Calimesa Municipal Code to update participation in the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) program and making a finding of exemption under CEQA; and

3. Adopt Resolution No. 2025-01, A Resolution of the City Council of the City of Calimesa amending the applicable Transportation Uniform Mitigation Fee (TUMF) applicable to all developments in the City of Calimesa.

BUSINESS ITEMS

9. COMMUNITY PARTNERSHIPS
RECOMMENDATION: That the City Council provide direction on the City’s Community Partnership Program.

MAYOR & COUNCIL MEMBER REPORTING OF COUNTY & REGIONAL MEETINGS/CONFERENCES This is the time for general comments, announcements, reports on meetings attended at public expense as required by AB 1234, requests of staff, and other issues of concern to Council Members may be presented briefly at this time. The Council may not legally take action on any item presented at this time other than to direct staff to investigate a complaint or place an item on a future agenda unless (1) by a majority vote, the Council determines that an emergency situation exists, as defined by Government Code § 54956.5 or (2) by a four-fifths vote, the Council determines that there is a need for immediate action and the need for action arose subsequent to the agenda being posted as required by Government Code § 54954.2(b).

CITY MANAGER COMMENTS & REPORTS

ADJOURNMENT
Adjourn to the Regular Meeting of the City Council on Monday, March 3, 2025 at 6:00 p.m.

Speakers are encouraged to be brief and remain within the established time limit of three (3) minutes per speaker.

Once the public hearing has been closed, no further testimony will be taken.

City Council Meeting
Agenda Report
Agenda Item No. 1
SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES
MEETING DATE: February 18, 2025
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Regular City Council meeting of February 3, 2025.

ATTACHMENTS:

Attachment A: City Council action minutes of February 3, 2025 regular meeting.

City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: February 18, 2025
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Library Commission regular meeting of December 3, 2024 and the Parks, Trails & Community Services Commission Regular meeting of December 4, 2024.

ATTACHMENTS:

Attachment A: Library Commission action minutes of December 3, 2024 Attachment B: Parks, Trails & Community Services action minutes of December 4, 2024

City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: February 18, 2025
PREPARED BY: Celeste Reid, Finance Director
RECOMMENDATION: That the City Council approve the Warrant Register as presented.

SUMMARY: The attached Check Register Report for City Council’s approval is as follows:
a) Check Register Report with a total of $1,050,497.90 (Check Nos.43101-43169) b) January 30, 2025 Payroll of $171,176.77
February 1, 2025 Council Payroll of $5,441.45

City Council Meeting
Agenda Report
Agenda Item No. 4
SUBJECT: COUNCIL TRAVEL, TRAINING AND MEETING/MILEAGE

EXPENSES
MEETING DATE: February 18, 2025
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the Council Travel, Training and Meeting/Mileage Expenses Report through January 31, 2025.

ATTACHMENTS:

Attachment A: Council Travel, Training and Meeting/Mileage Expenses Report through January 31, 2025.

FISCAL YEAR 2024-25

COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 4A
MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
14-Aug State of District 5 Event $ 100.00
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ 100.00 REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 500.00 MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
11/20/20204Mayor/Council Academy - Cundieff $ 675.00 8-Jul Cal Cities Riverside Division Mtg $ 60.00 1/29-2/1 Conference Hotel 1-29-2-1-2025 $ 542.61 19-Sep Beaumont State of the City $ 75.00 10-Sep Calimesa Chamber Breakfast $ 30.00
9-Oct Banning SOTC $ 90.00
8-Oct Calimesa Chamber Breakfast $ 25.00
14-Nov LOCC Riverside Division $ 60.00
12/5/2024 Pass EDA City Manager Forum $ 25.00
1/13/2025 LOCC Riverside Division Mtg $ 60.00
1/29 -2/1 mileage costs $ 92.40
TOTAL TRAVEL/TRAINING $ 1,217.61 TOTAL MEETING/MILEAGE $ 517.40 REMAINING BALANCE $ 232.39 REMAINING BALANCE $ 82.60

JEFF CERVANTEZ TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585

WENDY HEWITT - ERIC CUNDIEFF TRAVEL - MEETING/MILEAGE EXPENSES TRAVEL/TRAINING 01-1100-7585

FISCAL YEAR 2024-25

COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 4A
MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
9-Dec Mayor/Council Academy - Garcia $ 675.00 1/29-2/1 Conference Meals $ 89.72 1/29-2/1 Conference Hotel $ 581.69
$500 transferred to new Mayor $ 500.00
TOTAL TRAVEL/TRAINING $ 1,756.69 TOTAL MEETING/MILEAGE $ 89.72 REMAINING BALANCE $ 143.31 REMAINING BALANCE $ 510.28
MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
10-16-10-18 LOCC Annual Conference Hotel $ 555.42 8-Jul Cal Cites Riverside Division Mtg $ 60.00 10-16-20204food expenses $ 40.00 14-Aug State of District 5 Event $ 100.00 17-Oct food expenses $ 57.97 8-Sep Cal Cites Riverside Division Mtg $ 65.00 16-Oct LOCC Riverside Div Lunch $ 80.00 9-Oct Banning SOTC $90.00 16-Dec Mayor/Council Academy (January) $ 675.00 14-Nov LOCC Riverside Division $60.00 1/23/2025 Hotel Sacramento LOCC Meeting $ 401.97 5-Dec Pass EDA City Manager Forum $ 25.00 1/29/-1/31 Hotel Garden Grove Conference $ 443.02 23-Jan gas to Sacramento Meeting $ 115.00

1.29-1/31 Mileage to Garden Grove Conf. $ 99.40
Molina Mayor $500 transferred from Davis
TOTAL TRAVEL/TRAINING $ 2,253.38 TOTAL MEETING/MILEAGE $ 614.40 REMAINING BALANCE $ 541.61 REMAINING BALANCE $ (14.40)

LINDA MOLINA TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585

BILL DAVIS - EDGAR GARCIA TRAVEL - MEETING/MILEAGE EXPENSES TRAVEL/TRAINING 01-1100-7585

FISCAL YEAR 2024-25

COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 4A
MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DESCRIPTION AMOUNT
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ -
REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 600.00

JOHN MANLY TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585

City Council Meeting
Agenda Report
Agenda Item No. 5
SUBJECT: TREASURER’S REPORT FOR THE MONTH ENDED
DECEMBER 31,2024
MEETING DATE: February 18, 2025
PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended December 31, 2024.

BACKGROUND: Pursuant to Council Resolution No. 2024-60 approved on November 4, 2024, the monthly Treasurer’s Report is hereby submitted. The report complies with the aforementioned Council resolution, as well as Government Code Section 53646.

DISCUSSION: The investment report provides information in accordance with the Investment Policy approved by Council Resolution No. 2024-60. Information includes the reporting of realized and unrealized gain and loss activity for the respective month of reporting. Generally, unrealized gains and losses are the day-to-day increases or decreases in an assets value. Until an investment is sold for cash, the gains or losses remain unrealized. Realized gains and losses reflect the results of selling of investments and are the difference between the cost basis and the market value as of the transaction date of sale. The City will continually have reportable changes of unrealized gain and loss activity between cost basis and market value as underlying investments are subject to the variability of market conditions. Staff evaluates investment options on an ongoing basis to ensure reasonable access to funds and reserves are set aside to maintain availability of cash position for general operations and capital assets.

Significant transactions during the month include interest and dividend earnings of $8,464 and a transfer of $500,000 from Bank of America to LAIF Fund.

FISCAL IMPACT: Revenue of $8,464 of interest and dividend earnings was recognized for the CFD and Successor Agency funds.

ATTACHMENTS:

Attachment A: Treasurer’s Report for the month ended December 31, 2024.

City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: PARK AND CFD LANDSCAPE MAINTENANCE AWARD OF

CONTRACT
MEETING DATE: February 18, 2025
PREPARED BY: Robert Hagan, Public Works Maintenance Lead Mari Shakir, Interim Public Works Director
RECOMMENDATION: That the City Council award a contract to Garden Hills Landscape to provide landscape maintenance services at Summerwind Park, Mountainview Park and the Singleton Heights CFD in the amount of $148,420 per year.

BACKGROUND: On February 7, 2022, the City awarded a contract to Excel Landscape for landscape maintenance services at Singleton Heights in the amount of $134,840 annually. The initial contract term expires February 28, 2025. On October 7, 2024, the City accepted Summerwind Park into maintenance CFD 2018-1 and authorized the developer’s contractor, Artistic Maintenance, Inc to continue the landscape maintenance for up to one year until formal bidding procedures could be completed. Staff currently maintains Phase One of Mountainview Park (4th Street Park). To increase efficiency, staff is proposing that all three areas be lumped into one maintenance contract DISCUSSION: On January 6, 2025, staff released a Notice Inviting Bids with a bid opening date of February 3, 2025. Six bids were received with the apparent low bidder being Garden Hills Landscape in the amount of $148,420. The second lowest bidder is Universal Green in the amount of $158,400. Awarding this contract to Garden Hills Landscape relieves the limited Public Works Staff from having to do landscape maintenance at Mountainview Park and allows them to spend more time doing much needed street maintenance. Staff will continue to maintain the trash, restrooms, dog park, ball field, and play equipment at both parks.

FISCAL IMPACT: The landscape maintenance for Singleton Heights is paid for by the annual maintenance assessment for CFD 2012-1. Landscape maintenance for Summerwind Ranch is paid for by the annual maintenance assessment for CFD 2018-1. The landscape maintenance at Mountainview Park is paid for out of General Fund. The Fiscal Year 2024-25 budget contains funding for the services described above. No additional appropriation is being requested at this time.

ATTACHMENTS:

Attachment A: Bidder’s Listing
Attachment B: Garden Hills Landscape Bid
Attachment C: Contract Documents

#
BIDDER Q&A SHEET?
NONCOLLUSION
AFFIDAVIT?
Item 1
Singleton Heights
CFD 2012-1
Item 2
Summerwind Park
1000 Engleman
Item 3
Mountainview Park
– Phase 1
(960 4th Street)
Item 4
Mountainview
Park – Phase 2
(941 5th Street)
Total Annual Bid Price
1 Innovative Growth Landscape
1151 Laurelhurst Heights
San Jacinto, CA 92582 X X $176,300 $104,500 $64,500 $50,200 $219,300 2 Inland Empire Landscape, Inc.
202 E. Airport Drive, Suite 100
San Bernardino, CA 92408 X X $296,560 $101,776 $66,876 $203,708 $668,920 3 Garden Hills Landscape Services
1055 Douglas Street
Calimesa, CA 92320 X X $90,120 $24,640 $19,280 $14,380

APPARENT LOW
BIDDER
$148,420
4 Mariposa Landscapes, Inc.
6232 Santos Diaz Street
Irwindale, CA 91702 X X $146,993.29 $57,105.94 $21,802.82 $13,054.48 $238,956.53 5 Landscape West
1234 N. Blue Gum Street
Anaheim, CA 92806 X X $120,000 $37,400 $23,200 $22,700 $203,300 6 Integrity Arborist & Ecoscape Inc.
10000 Indiana Ave., Suite 206
Riverside, CA 92503 X X $115,583.72 $28,896.20 $10,836.36 $7,223.92 $162,540.20 7 Universal Green, LLC
17989 Corkill Road 63
Desert Hot Springs, CA 92241 X $120,000 $30,000 $6,000 $2,400 $158,400 8 Excel Landscape
1185 Magnolia Ave, Suite E-400
Corona, CA 92879 X X $149,964 $29,644 $19,452 $10,804 $209,864 BIDDERS LISTING – City of Calimesa, 908 Park Ave., Calimesa, CA 92320 PROJECT NUMBER: BID NO. 2024-10 Bid Opening 02/03/2025 – 2:30 p.m.

PROJECT NAME: LANDSCAPE MAINTENANCE SERVICES – SH CFD, Summerwind Park, Mt. View Park 1&2 ENGINEERS ESTIMATE: STAFF PRESENT: Darlene Gerdes, Yaiza Benson, Mari Shakir & Kyle Coney

CITY OF CALIMESA

CONTRACT DOCUMENTS
FOR

LANDSCAPE MAINTENANCE SERVICES
BID NO. 2024-10

NO BONDING REQUIRED
PREPARED BY:
____________________
Mari Shakir
Interim Public Works Director
City of Calimesa
908 Park Ave.

Calimesa, CA 92320
(909) 795-9801

i

TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS 1
SCOPE OF WORK 1
LIQUIDATED DAMAGES 1
DEPARTMENT OF INDUSTRIAL RELATIONS 1
PREVAILING WAGES 2
PAYROLL RECORDS 2
INSURANCE REQUIREMENTS 2
GENERAL INSTRUCTIONS 2
INSTRUCTIONS TO BIDDERS 4
PROPOSAL FORMS 4
NON-COLLUSION AFFIDAVIT 4
PROPOSAL BID SHEET 4
DELIVERY OF PROPOSAL 4
WITHDRAWAL OF PROPOSALS 5
IRREGULAR PROPOSALS 5
TAXES 5
DISQUALIFICATION OF BIDDERS 5
INTERPRETATION OF PLANS AND DOCUMENTS 5
ADDENDA OR BULLETINS 6
LEGAL RESPONSIBILITIES 6
AWARD OF CONTRACT 6
LABOR CODE 7
WORKER’S COMPENSATION CERTIFICATE 7
DRUG FREE WORKPLACE 8
ATTORNEY FEES 8
ARBITRATION 8
WORK PERFORMANCE 8
CLAYTON ACT AND CARTWRIGHT ACT 8
SUBSTITUTION OF SECURITIES 9
SUBLETTING AND SUBCONTRACTING 9
LICENSES AND PERMITS 9
PROPOSAL FORM 10
PROPOSAL FORM – BID SCHEDULE 12
TIME FOR COMPLETION 14
LIQUIDATED DAMAGES 14
UNIT PRICE PROPOSAL 14
SEPARATE COST LIST 17

ii

TABLE OF CONTENTS
LIST OF SUBCONTRACTORS 18
REFERENCES 19
ABILITY TO DELIVER 20
NON-COLLUSION AFFIDAVIT 21
SECTION 1 – GENERAL PROVISIONS 22
1-1. SCOPE OF WORK 22
1-2. DEFINITIONS 22
1-3. LOCATION OF WORK 22
1-4. TRAFFIC REQUIREMENTS 22
1-5. UTILITY REQUIREMENTS 23
1-6. STANDARD SPECIFICATIONS 24
1-7. WAGE RATES AND LABOR CODE REQUIREMENTS 24
1-8. INSURANCE REQUIREMENTS 25
SECTION 2 – SPECIAL PROVISIONS 29
2-1. TIME OF COMPLETION AND LIQUIDATED DAMAGES 29
2-2. SPECIFICATIONS 30
2-3. WORK SCHEDULE 30
2-4. UTILITIES: CONTRACTOR’S RESPONSIBILITY 30
2-5. BUSINESS LICENSE 31
2-6. PERMITS 31
2-7. ADDITIONAL WORK AND EXTRA WORK 31
2-8. INCREASED OR DECREASED QUANTITIES 32
2-9. PAYMENT 32
2-10. SAFETY REGULATIONS 32
2-11. AVOIDANCE OF DUST NUISANCE 33
2-12. RECYCLING OF MATERIALS AND NON-STORM WATER DISCHARGES 33 2-13. WEED/DISEASE – PESTICIDE USAGE 33
2-14. LITTER REMOVAL 34
SECTION 3 – CONSTRUCTION MATERIALS AND METHODS 35
3-1. REMOVAL AND DISPOSAL OF MATERIALS 35
3-2. AVOIDANCE OF DUST NUISANCE 35
3-3. STORAGE OF MATERIALS IN PUBLIC STREETS 35
3-4. MATERIALS AND METHODS ADDITIONS 35
3-5. MOBILIZATION 35
3-6. SCOPE OF WORK 35
3-7. TURF MAINTENANCE 44
3-8. GROUND COVER AND SHRUB MAINTENANCE 45
3-9. TREE MAINTENANCE 45

City of Calimesa
iii
3-10. DG PATHWAY MAINTENANCE 45
3-11. FUEL MODIFICATION AREA MAINTENANCE 46
3-12. “V” GUTTER MAINTENANCE 46
3-13. DETENTION BASIN MAINTENANCE 47
3-14. AERATING AND FERTILIZING 47
3-15. IRRIGATION TESTING, MONITORING AND ADJUSTING 47
3-16. POCKET PARK MAINTENANCE 47
3-17. ROSE GARDEN MAINTENANCE 48
APPENDIX “A” – CONTRACT AGREEMENT DOCUMENTS 49
EXHIBIT “A” – SITE MAPS AND PLANS 64
EXHIBIT “B” – FUEL MODIFICATION PLAN GUIDELINES 65

City of Calimesa
1 CITY OF CALIMESA

NOTICE INVITING SEALED BIDS
FOR

LANDSCAPE MAINTENANCE SERVICES
BID NO. 2024-10
PUBLIC NOTICE IS HEREBY GIVEN that the City of Calimesa, as City, invites sealed bids for the above stated project and will receive such bids in the offices of the Public Works Department at 908 Park Avenue, Calimesa, California, 92320, up to the hour of 2:30 PM, on Monday, the 3rd day of February 2025, at which time they will be publicly opened and read aloud. A bid summary will then be prepared and posted for three (3) days. Award of the Contract will be made during a subsequent meeting of the City Council. Bid packages are available at no cost at the City’s web page: www.cityofcalimesa.net. To access the bid documents, select the “RFPs/Bids” link. If you have any questions regarding this matter, please contact Mari Shakir at (909) 795-9801. You may contact any reproduction company to download these documents for reproduction purposes at your cost.

A MANDATORY JOB WALK will be held on:

TUESDAY JANUARY 21, 2025 AT 8AM
Job walk will meet at 908 Park Avenue and include visits of each project site.

Scope of Work
The contract work for this project shall consist of providing COMPLETE LANDSCAPE MAINTENANCE SERVICES in a safe and timely manner in accordance with the maintenance standards set forth in this specification. Contractor shall furnish all labor, equipment, material, and supervision required to properly maintain the landscaped areas in an attractive condition throughout the terms of the contract. Mulch will be supplied by the CITY, Contractor will install. Costs for all items of work, no additional compensation will be paid. The construction and completion of the project indicated above shall be in accordance with the GREENBOOK Standard Specifications for Public Works Construction (Latest Edition) and the Plans and Specifications as prepared for this project.

Liquidated Damages
There will be a Five Hundred Dollars ($500.00) assessment for each calendar day that work remains incomplete beyond the time stated in the Proposal Form. Refer to the Proposal Form for specific details.

Department of Industrial Relations
For all bid proposals submitted, Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the Department of Industrial Relations (DIR) before bidding on or performing any public works contract. A contractor or subcontractor will need to be registered with the DIR in order to be qualified to bid on, be listed in a bid proposal as a subcontractor or engage in any component of the work for a public works contract. Proof of current registration with DIR for the prime

City of Calimesa
2 contractor and all listed subcontractors must be included in the bid. Failure to provide proof of registration with the DIR may result in the bid being considered nonresponsive.

Prevailing Wages
In accordance with the provisions of Section 1770 et. seq., of the Labor Code, the Director of the Industrial Relations of the State of California has determined the general prevailing rate of wages applicable to the work to be done.

The Contractor will be required to pay to all workers on the project sums not less than the sums set forth in the documents entitled “General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1”.

A copy of said document(s) is on file and may be inspected in the office of the Public Works Director, located at 908 Park Avenue, Calimesa, California, 92320.

Attention is directed to the provisions of Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor. The Contractor and any subcontractor under the Contractor shall comply with the requirements of said sections in the employment of apprentices.

Information relative to apprenticeship standards and administration of the apprenticeship program may be obtained from the Director of Industrial Relations, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

Payroll Records
The Contractor’s attention is directed to Section 1776 of the Labor Code, relating to accurate payroll records, which impose responsibility upon the Contractor for the maintenance, certification and availability for inspection of such records for all persons employed by the Contractor or by the subcontractors in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code.

Insurance Requirements
The Contractor shall provide insurance in accordance with these Specifications.

General Instructions
Bids must be prepared on the approved proposal forms in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside: ATTN. PUBLIC WORKS DEPARTMENT, SEALED BID FOR
LANDSCAPE MAINTENANCE SERVICES NO. 2024-10.

The City of Calimesa reserves the right to reject any or all bids, to award each item separately, and/or waive any informality on any bid. No bid may be withdrawn for sixty (60) days after the time set for the opening thereof.

City of Calimesa
3 Failure by the successful bidder to enter into a contract with the City, or to deliver goods and/or services in accordance with the bid may result in a declaration by the City that the bidder is not a responsible bidder and elimination from consideration in future bidding.

At the time of contract award, the prime contractor shall possess the appropriate contractor’s license and/or any combination of specialty contractor’s license(s) sufficient to perform the work.

Dated this 6th day of January, 2025.

By: ______________________________________________
Mari Shakir
Interim Public Works Director
City of Calimesa
907 Park Avenue, Calimesa, California 92320
(909) 795-9801

City of Calimesa
4 CITY OF CALIMESA

INSTRUCTIONS TO BIDDERS
FOR

LANDSCAPE MAINTENANCE SERVICES
BID NO. 2024-10
Proposal Forms
Bids shall be submitted in writing on the proposal forms provided by the City. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The City will not consider any proposal not meeting these requirements.

Non-Collusion Affidavit
Bidder shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of the City is personally interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the proposal is in all respects fair and without collusion or fraud.

The Non-Collusion Affidavit shall be executed and submitted with the proposal.

Proposal Bid Sheet
Bidders shall give unit prices for each and all of the items set forth. No aggregate bids will be considered. The Bidder shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose. The quantities listed in the Bid sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed and the Bidder shall make his/her own estimates from the data contained in Appendix A and on-site inspections. In case of a variation between the unit price and the totals shown by the Bidder, the unit price will be considered to be the bid. “Notice Inviting Sealed Bids” may be required to provide for the best interests of the City. In no event will an award by made until all necessary investigations are made as to the responsibility and qualifications of the Bidder to whom the award is contemplated. No Bidder may withdraw his/her proposal for a period of sixty (60) days after the time set for opening thereof. However, the CITY will return all proposal guarantees within ten (10) days after the award of the contract or rejection of the bids, as the case may be, to the respective bidders whose proposals they accompany.

Delivery of Proposal
Proposals may be mailed or delivered by messenger. However, it is the bidder’s responsibility alone to ensure delivery of the proposal to the hands of the City’s designated official prior to the bid opening hour stipulated in the “Notice Inviting Sealed Bids”. Late proposals will not be considered. Proposals shall be enclosed in a sealed envelope plainly marked on the outside: ATTENTION: PUBLIC

WORKS DEPARTMENT, SEALED BID FOR LANDSCAPE MAINTENANCE
SERVICES NO. 2024-10.

City of Calimesa
5 Mailed bids should be addressed as follows:

City of Calimesa
Attn. Public Works Department
908 Park Avenue
Calimesa, CA 92320
RE: LANDSCAPE MAINTENANCE SERVICES NO. 2024-10
Plainly mark the proposal bid title in the upper left-hand corner with “Sealed Bid”, the name and address of the bidder, and the contract being bid.

Withdrawal of Proposals
A proposal may be withdrawn by a written request signed by the Bidder. Such requests must be delivered to the City’s designated official prior to the bid-opening hour stipulated in the “Notice inviting Sealed Bids”. The withdrawal of a proposal will not prejudice the right of the Bidder to submit a new proposal, providing there is time to do so. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee.

Irregular Proposals
Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.

Taxes
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable.

Disqualification of Bidders
In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the Bidder will be disqualified.

This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one Bidder and, while doing so, may also submit a formal proposal as a prime contractor.

No contract will be executed unless the Bidder is licensed in accordance with the provision of the State Business and Professions Code.

Interpretation of Plans and Documents
If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning of any part of the services to be performed, they may

City of Calimesa
6 submit a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery.

Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to be delivered to each person receiving a set of such documents. The Director will not be responsible for any other explanation or interpretations of the proposed documents.

Addenda or Bulletins
All Bidders are advised as to the possibility of issuance of addenda affecting the items, scope or quantity of the work required for this project. Each Bidder shall be fully responsible for informing themselves as to whether or not any such addends have been issued. The effect of all addends to the Contract Documents shall be considered in the bid and said addends shall be made a part of the Contract Documents and shall be returned with them. Failure to cover in a bid any such addenda issued may render the bid irregular and may result in its rejection by the City.

Legal Responsibilities
All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same are expressly referred to herein or not. Any Bidder submitting a proposal shall by such action thereby agree to each and all terms, conditions, provisions and requirements set forth, contemplated and referred to in the Contract Documents and to full compliance therewith.

Award of Contract
Following a review of the bids, the City shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsible Bidder as determined solely by the City. Additionally, the City reserves the right to reject any or all proposals, to accept any bid or portion thereof, to waive any irregularity, and to take the bids under advisement for the period of time stated in the legal notice inviting sealed bids, as may be required to provide for the best interests of the City. The Contractor’s original signature on the Bid Proposal Form shall constitute a commitment on the part of the Bidder to furnish the items as set forth in the Bid Proposal Form, the Instructions to Bidders, the Plans, the Special Provisions and the Notice Inviting Sealed Bids. The Bidder to whom the contract is awarded shall be notified upon approval of the contract by the City Council. The Notice Inviting Bids, the Instructions to Bidders, the Bid Proposal Form, the Plans, Special Provisions and Standard Specifications, together with any attachments, shall be considered as part of the contract between the City and the Contractor to whom a Purchase Order is issued. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Bidder to whom the award is contemplated.

No Bidder may withdraw his/her proposal for a period of sixty (60) days after the time set for opening thereof. However, the City will return all proposal guarantees within ten (10) days after the award of the contract and execution of the contract

City of Calimesa
7 documents or rejection of the bids, in as the case may be, to the respective bidders whose proposals they accompany.

In order to demonstrate that the Contractor can properly fulfill all of the services and conditions of the specifications, the Contractor shall meet the following criteria:

1. The Contractor shall have satisfactorily performed other contracts of a similar nature and magnitude and shall have been in business at least five (5) years.

2. The Contractor shall have the requisite organization of skilled and experienced workers under its direct employment and supervision.

Labor Code
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California (herein referred to as Labor Code) the City has obtained the general provisions rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type or worker needed to execute the contract from the Director of the Department of Industrial Relations.

These rates are on file with the Clerk of the City.

Travel and subsistence payments to each worker needed to execute the work shall be made as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Section 1773.1 of the Labor Code.

The Contractor shall comply with the provisions of Section 1774 of the Labor Code.

Failure to comply with the subject section will subject the Contractor to penalty and forfeiture provisions of Section 1775 of the Labor Code. Pursuant to the provisions of Section 1770 of the Labor Code, the general prevailing rate of wages has been ascertained (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of worker concerned.

The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its bid, and will not, under any circumstances, be considered as the basis of a claim against the City on the contract. The Contractor and subcontractors shall comply with Section 1777.6 of the Labor Code which stipulates that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age of such employee, except as provided in Section 3077 of the Labor Code.

Worker’s Compensation Certificate
Section 3700 of the Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations. In accordance with this section and with

City of Calimesa
8 Section 1861 of the Labor Code, the Contractor shall sign a Compensation Insurance Certificate, which is included with the Contract Agreement, and submit the same to the City along with the other required contract documents, prior to performing any work. Reimbursement for this requirement shall be considered as included in the various items of work.

Drug Free Workplace
Contractor agrees to comply with the City’s Drug Free Workplace Policy.

Attorney Fees
In the event of any action between City and Contractor seeking enforcement of any of the terms and conditions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, all costs, attorney’s fees and expenses actually incurred.

Arbitration
All claims, disputes, and other matters in question between the parties to this agreement arising out of, or relating to, this Agreement or the breach thereof, may be decided by arbitration if the parties mutually agree. No consolidation, joinder or in any other manner, any additional person not an arbitration arising out of, or relating to, this Agreement shall include, by party to this Agreement except by written consent containing a specific reference to this Agreement and signed by the Project Manager, the owner and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall consent to arbitration of any dispute not described therein or with any person not named or described therein.

This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this agreement shall be specifically enforceable.

Notice of request for arbitration shall be filed in writing with the other party to this Agreement, and a copy shall be filed with the Architect. The request shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceeding based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations.

Work Performance
All work shall be conducted and completed in accordance with all current, applicable state and federal laws, including, but not limited to Labor Code Sections 1770 et. seq. where applicable; local laws, ordinances and regulations; and all maps, plans and specifications on file with the City. Where any such work has been partially completed prior to this Agreement, Contractor agrees to complete them in accordance with this paragraph.

Clayton Act and Cartwright Act
Section 4552 of the State Government Code specifies that in executing a public works contract with the City to supply goods, services or materials, the Contractor or Subcontractor offers and agrees to assign to the City all rights, title and interest

City of Calimesa
9 in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract.

This assignment shall become effective when the City tenders final payment to the Contractor without further acknowledgment by the parties.

Substitution of Securities
In conformance with the State of California Public Contract Code Section 22300, the Contractor may substitute securities for any funds withheld by the City to ensure performance under the contract.

At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a State or Federally chartered bank as the escrow agent who shall pay such funds to the Contractor upon notification by the City of Contractor’s satisfactory completion of the contract. The type of securities deposited, and the method of release shall be approved by the City Attorney’s office.

Subletting and Subcontracting
The City expects qualified Weed Control contractors to complete the work required.

Therefore, no subcontractors will be necessary.

Licenses and Permits
The Contractor shall have in full force and effect all licenses required by law for the performance of the services described in the scope of work for the entire duration of the project. The Contractor shall obtain a City Business license prior to the City issuing the notice to Proceed. The current annual fee for a Business License is FiftyTwo Dollars ($52.00).

City of Calimesa
10 CITY OF CALIMESA

PROPOSAL FORM
FOR

LANDSCAPE MAINTENANCE SERVICES
BID NO. 2024-10
Bidder’s Name:
______________________________________________________________________ TO CITY OF CALIMESA, as CITY:

In accordance with City’s “Notice Inviting Sealed Bids,” the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor and incidentals required for the above stated project as set forth in the Contract Documents and to perform all work in the manner and time prescribed.

BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders and Contract Documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with the City at the unit and/or lump sum prices set forth in the following Proposal Bid Sheet. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of the Bid Bond accompanying this proposal.

BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.

BIDDER agrees and acknowledges that he/she is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and that the BIDDER will comply with such provisions of that code before commencing the performance of this Contract if awarded it.

BIDDER certifies to be properly licensed by the State of California as a contractor to perform work of this specialty. The undersigned agrees to furnish the City satisfactory proof of ability to perform the work, as well as records of performance of similar jobs completed recently, if and when requested to do so by the Public Works Director.

BIDDER agrees that the insurance and bonding requirements set forth can and will be fulfilled.

BIDDER certifies that in all previous contracts and subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

City of Calimesa
11 BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent or employee of the City is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.

BIDDER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder.

Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.

City of Calimesa
12 PROPOSAL FORM
FOR

LANDSCAPE MAINTENANCE SERVICES
BID NO. 2024-10

BASE BID SCHEDULE
(UNIT PRICE IS WEEKLY, UNLESS SPECIFIED)
Item 1 – Singleton Heights – CFD 2012-1
ITEM
NO. QTY. DESCRIPTION FREQ UNIT PRICE
TOTAL
(ANNUAL)
1 1 LS Ground Cover and Shrub Maintenance 52 $ $
2 1 LS Fuel Mod Maintenance 3 $ $
3 1 LS Pocket Park Maintenance 52 $ $
4 1 LS Tree Maintenance 52 $ $
5 1 LS Aerate & Fertilize (Quarterly) 4 $ $
6 1 LS “V” Gutter Maintenance 12 $ $
7 1 LS Detention Basin Maintenance 12 $ $
8 1 LS
Irrigation Testing, Monitoring and
Adjusting 12 $ $
Sub Total: $
Item 2 – Summerwind Park (1000 Engleman)
ITEM
NO. QTY. DESCRIPTION FREQ UNIT PRICE
TOTAL
(ANNUAL)
1 1 LS Turf Maintenance 42 $ $
2 1 LS Ground Cover and Shrub Maintenance 52 $ $
4 1 LS Aerate and Fertilize (Quarterly) 4 $ $
5 1 LS Tree Maintenance 52 $ $
6 1 LS Detention Basin Maintenance 12 $ $
7 1 LS
Irrigation Testing, Monitoring and
Adjusting 12 $ $
Sub Total: $

City of Calimesa
13 Item 3 – Mountainview Park – Phase 1 (960 4th Street) ITEM
NO. QTY. DESCRIPTION FREQ UNIT PRICE
TOTAL
(ANNUAL)
1 1 LS Turf Maintenance 42 $ $
2 1 LS Ground Cover and Shrub Maintenance 52 $ $
3 1 LS Rose Garden Maintenance 52 $ $
4 1 LS Aerate and Fertilize (Quarterly) 4 $ $
5 1 LS Tree Maintenance 52 $ $
6 1 LS
Decomposed Granite (DG) Pathway
Maintenance 12 $ $
7 1 LS
Irrigation Testing, Monitoring and
Adjusting 12 $ $
Sub Total: $

Item 4 – Mountainview Park - Phase 2 In Construction (941 5th Street) ITEM
NO. QTY. DESCRIPTION FREQ UNIT PRICE
TOTAL
(ANNUAL)
1 1 LS Turf Maintenance 42 $ $
2 1 LS Ground Cover and Shrub Maintenance 52 $ $
3 1 LS Aerate and Fertilize (Quarterly) 4 $ $
4 1 LS Tree Maintenance 52 $ $
5 1 LS
Decomposed Granite (DG) Pathway
Maintenance 12 $ $
6 1 LS
Irrigation Testing, Monitoring and
Adjusting 12 $ $
Sub Total: $

Total Items$ _____________________
TOTAL ANNUAL BID PRICE FOR THE BASE BID SCHEDULE for the cost of labor, materials, equipment parts, implements, taxes and supplies necessary to complete the project, as based on the Public Works Director’s estimate of quantities of work to be done (Summation of preceding subtotals of item 1 through 4 inclusive). ___________________________________________________________ DOLLARS (Words)
and __________________________ CENTS. Total: $________________________

City of Calimesa
14 (Words) (Figures)
All blank spaces appearing above must be filled in. In case of discrepancy between words and figures, the words shall prevail.

Basis of Contract Award
If the City elects to award, the award will be made to the lowest responsible bidder based upon the BASE BID only.

Time for Completion
If awarded the contract, the undersigned agrees to start work on this project as directed by the Public Works Director in accordance with these specifications and agrees to complete the work at the scheduled unit prices through the following 12-month period.

In case all work called for is not completed in all parts and requirements within the time specified, the City shall have the right to grant or deny an extension of time for completion, as may best serve the interest of the City.

The Contractor shall not be assessed with penalties during the delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, fire not due to acts of contractors or subcontractors, floods, epidemics, quarantine, restrictions, strikes, freight embargo or unusually severe weather, or delays of subcontractors due to such causes provided that the Contractor shall, within ten (10) calendar days from the beginning of such delay, notify the City, in writing of the cause of the delay, and the findings thereon shall be final and conclusive.

Liquidated Damages
Time is of the essence on this contract, and should the Contractor fail to finish the work on or before the time stated above, the Contractor shall be charged by the City, as liquidated and ascertained damages, the sum of Five Hundred Dollars ($500.00) for each calendar day extension of time duly granted in the manner and for the causes specified in the Special Provisions) it being hereby expressly impracticable and extremely difficult to fix the actual damage which would or will be suffered in the event that the Contractor should fail fully to complete the work within the time specified, and it would be further agreed that the charges per day as aforementioned shall be reasonable and proper in premise. The amount so charged shall be deducted by the City from any monies which otherwise are, or become, payable to the Contractor.

Unit Prices Proposal
Unit prices in each and every case shall represent a true unit price used in preparing the bid schedule totals (PROPOSAL FORM). Unit prices listed herein shall include all material, installation and appurtenant work as is necessary to have the item complete and in place, meeting the full intent of plans and specifications. Unbalanced unit prices including additive alternates shall be sufficient cause for rejection of the bid. The purpose of the unit pricing is for bid evaluation and changes in the work during services.

The undersigned hereby declares that the cost of all necessary items for completion of this project are included in the unit prices quoted, all incidentals have been taken into

City of Calimesa
15 consideration even though said incidentals are not specifically listed in the specifications or shown on the plans. The undersigned is likewise aware of the fact that distances, quantities and other estimated figures appearing on the plans or mentioned in the specifications or on the Proposal Form are only approximate and declares that the unit prices shown above for the various items of work are based on distances and quantities calculated as the result of actual measures performed at the site project.

The Contractor shall not be paid for Item 4 – Mountainview Park – Phase 2 until construction is completed and maintenance services have commenced.

Contractor shall include in their unit prices the cost of all materials (except mulchCity will furnish) that may be required for the maintenance of these and any additional parks, medians and detention basins that the City may add to the contract. No additional compensation will be paid for any materials purchased by the contractor in the performance of required maintenance duties (Includes but not limited to fertilizers and DG).

City of Calimesa
16 Respectfully submitted, Date: ___________________________ ______________________________ ________________________________ Firm Name: ____________________________________________________________ Signature:_____________________________________________________________ Address:_______________________________________________________________ _____________________________________________________________________ Email: ________________________________________________________________ Business Phone: ______________________
Residence Phone: _____________________
Is BIDDER currently certified DBE/WBE? _____YES ______NO Contractor’s License No. ________________ Class ______
Expiration Date: ___________
If a partnership, names of partners. If a corporation, names of *BIDDER is ______________________ President or Vice-President and the Secretary or Assistant Secretary.

NAME ADDRESS
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ I (we) hereby state and declare, under the penalty of perjury under the laws of California, that the representatives made herein are true and correct.

Executed: ______________, 2025 at ________________________, California.

By: ____________________________ By: _________________________________ Title: __________________________ Title: ________________________________ *Please state whether the bidder is an individual, a partnership, a corporation or an individual doing business under a fictitious name. If the BIDDER is a corporation, the following is required:

1. Signatures of two corporate offices; or,

2. A certified copy of the corporation bylaws and a resolution of the Board of Directors which gives authority to the officers signing this agreement to execute contracts on behalf of the corporation.

City of Calimesa
17 SEPARATE COST LIST FOR FURNISHING

AND PLANTING OF LANDSCAPE MATERIALS

THESE ITEMS AND COSTS WILL BE USED TO REPLACE ANY DAMAGED, DEAD, OR DISEASED PLANTS AND PLANTING MATERIAL AT THE CITY REQUEST and

INCLUDE FURNISHING PLANTS, MATERIAL, LABOR, AND EQUIPMENT

REQUIRED

ITEM SIZE UNIT UNIT COSTS
SHRUB 5 GALLON EACH $
SHRUB 10 GALLON EACH $
SHRUB 15 GALLON EACH $
GROUND COVER 1 GALLON EACH $
GROUND COVER 2 GALLON EACH $
GROUND COVER FLAT EACH $
TREES- SINGLE TRUNK 15 GALLON EACH $
TREES- SINGLE TRUNK 24” BOX EACH $
TREES- SINGLE TRUNK 36” BOX EACH $
TREES- SINGLE TRUNK 48” BOX EACH $
TREES- SINGLE TRUNK 60” BOX EACH $
TREES- MULTI-TRUNK 15 GALLON EACH $
TREES- MULTI-TRUNK 24” BOX EACH $
TREES- MULTI-TRUNK 36” BOX EACH $
TREES- MULTI-TRUNK 48” BOX EACH $
TREES- MULTI-TRUNK 60” BOX EACH $
VINES 5 GALLON EACH $
VINES 10 GALLON EACH $
VINES 15 GALLON EACH $
SOD REPLACEMENT < 1,000 SQ FEET SQUARE FOOT $
SOD REPLACEMENT > 1,000 SQ FEET SQUARE FOOT $
IRRIGATION REPAIR (LABOR)* TECH HOUR $
IRRIGATION REPAIR (MATERIALS)* N/A EACH $
* Irrigation repair shall be billed at time per unit hourly and materials at purchase price plus 5%.

City of Calimesa
18 LIST OF SUBCONTRACTORS
The undersigned is required to fill in the following blanks in accordance with the provisions of Section 4104 of the Public Contract Code of the State of California and Section(s) 2-3 of the Standard Specifications.

Agency and
Month of DBE/ Specific Sub-Contractor
Name Under Which Sub- License WBE Certification Location of the Description of Total Contract Contractor is Licensed Number (If Applicable) Place of Business Subcontract Amount _____________________ __________ __________________ _________________ _________ _____________ _____________________ __________ __________________ _________________ ________ _____________ _____________________ __________ __________________ _________________ _____________ _________ _____________________ __________ __________________ _________________ _____________ _________ _____________________ __________ __________________ _________________ _____________ _________ _____________________ __________ __________________ _________________ _____________ _________ ____________________ __________ __________________ _________________ _____________ _________ ____________________ __________ __________________ _________________ _____________ _________ ____________________ __________ __________________ _________________ _____________ _________ ____________________ __________ __________________ _________________ _____________ _________ ____________________ __________ __________________ _________________ _____________ _________ ____________________ __________ __________________ _________________ _____________ _________ Subcontractors listed in accordance with the provision of Section(s) 2-3 must be properly licensed under the laws of the State of California for the type of work that they are to perform.

Do not list alternate subcontractors for the same work. The undersigned agrees to furnish proof that all contractors and subcontractors performing any work related to this improvement are complying with all the requirements of Social Security Legislation, both State and Federal, and also agrees to conform with the provisions of Sections 4100 to 4113, inclusive, of the Public Contract Code, as amended, concerning subcontractors and subcontracts.

City of Calimesa
19 REFERENCES
The following are the names, address and phone numbers for three public agencies for which BIDDER has performed similar work within the past two years: If additional space is required, please duplicate this sheet (do not write on the back).

1. _______________________________________________________________

2. _______________________________________________________________

3. ________________________________________________________________

4. _______________________________________________________________

City of Calimesa
20 ABILITY TO DELIVER
The proposal shall include a description as to how the Service Provider will be able to deliver on the proposed contract work. This should include a description of the current work load and the available staffing to do the scope of work including an estimate of the amount of staffing and equipment needed to meet the needs of the proposed contract: If additional space is required, please duplicate this sheet (do not write on the back).

1. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________

City of Calimesa
21 NON-COLLUSION AFFIDAVIT
To be Executed by Bidder and Submitted with Bid
State of California
County of _________________________
_______________________________, being first duly sworn, deposes and says that he or she is of the party making the forgoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; communication, or conference with anyone to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract on anyone interested in the proposed contract; that all statements contained in the bid are true, and further, that the bidder has not directly or indirectly, submitted his or her bid price or any breakdown thereof, or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

__________________________________________
Contractor
__________________________________________
Signature of Bidder
__________________________________________
Printed Name and Title
Street Address City State Zip
Place of Residence
(Attach appropriate Notary Acknowledgments)

City of Calimesa
22 SPECIFICATIONS
SECTION 1 – GENERAL PROVISIONS
FOR

LANDSCAPE MAINTENANCE SERVICES
BID NO. 2024-10
1-1. Scope of Work
The contract work for this project shall consist of providing complete landscape maintenance services in a safe and timely manner in accordance with the maintenance standards set forth in this specification, including litter/debris removal at locations specified by the bid items. Contractor shall furnish all labor, equipment, material, and supervision required to properly maintain the landscaped areas in an attractive condition throughout the term of the contract. Material shall include, but not be limited to fertilizer and seed. No additional compensation will be allowed for items required for the maintenance of the parks, medians, and detention basins. Mulch will be supplied by the CITY and the Contractor will install at no additional cost. Mulch will be replenished by the Contractor at no expense to the City. The completion of the project indicated above shall be in accordance with the Standard Specifications for Public Works Construction projects, the Standard Drawings, CBC 2007 (Latest Edition) and the Plans and Specifications as prepared for this project.
1-2. Definitions
Whenever in the Standard Specifications, the following terms are used, they shall be understood to mean the following:

Agency: The City of Calimesa
Board: The Mayor and City Council for the City of Calimesa Engineer: The Public Works Director for the City of Calimesa or Designated Landscape Architect
Laboratory: The laboratory to be designated by the City of Calimesa to test materials and work involved in the contract.

Notice Advertising for Bids: Notice Inviting Bids.

Standard Specifications: Standard Specifications for Public Works Construction
Other terms appearing in the Standard Specifications and these Special Provisions, shall have the intent and meaning specified in Section 1-2, “Definitions,” in the Standard Specifications.
1-3. Location of Work

The general location and limits of the work to be completed are at various locations throughout the CITY as designated by the plans and specifications. 1-4. Traffic Requirements

City of Calimesa
23 All streets must remain open to public traffic. Temporary street closures may be made with the prior approval of the Public Works Director. If street closures are approved by the Public Works Director, the Contractor must install signs in both directions seven (7) days prior to closure to inform the public of the dates of the street closure or traffic delay. The Contractor is responsible for providing a pilot car(s), when applicable. Contractor shall notify affected residents, businesses, post office, main transit agency, and trash collection company by mail seven days prior to the start of work.
1-5. Utility Requirements
The Contractor is advised of the existence of the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the precise location(s) of their substructures in the construction area when the Contractor gives at least forty-eight (48) hours’ notice to the Underground Service Alert by calling 1-800-422-4133. Contractor shall contact USA as specified and shall provide the City with proof of contact with proof of contact with USA upon request. The Contractor shall notify the following agencies at least forty-eight (48) hours in advance of excavating around any of their structures.

The California Public Utilities Commission mandates that, in the interest of public safety, main line gas valves be maintained in a manner to be readily accessible and in good operating condition.

The Contractor shall notify the Southern California Gas Company’s Headquarters Planning Office at 909-335-7716, at least two (2) working days prior to the start of construction.

The Contractor shall exercise extreme care to protect all existing utilities in place whether shown on the plans or not and shall assume full responsibility for all damage resulting from Contractor’s operations. The Contractor shall coordinate with each utility company as to the requirements and methods for protection of their facilities during the construction period and shall be responsible for the preparation and processing of any required plans or permits. The Contractor shall assume full responsibility to maintain uninterrupted service for all utilities, including temporary service connections.

By submitting a bid, the Contractor acknowledges that utility work may be done in conjunction with this project. The Contractor shall schedule the work and conduct operations so as to permit access and time for required utility work to be accomplished during the progress of the work. The Contractor shall coordinate with each utility company as to the extent of required work and the time required to do so. Southern California Edison, Company, Southern California Gas Company, General Telephone Company, Yucaipa Valley Water District and Southland and/or TCI Cablevision may each install facilities within the project area.

Contractor shall coordinate the activities with the utility companies that construction may proceed in an orderly manner. The Contractor shall include this time in the schedule. Payment for the above, including coordination, protection in place and temporary connections shall be deemed as included in the items of work as shown on the Proposal Bid Sheet and no additional compensation will be allowed.

City of Calimesa
24 1-6. Standard Specifications
The Standard Specifications of the Agency are contained in the most current edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, LATEST EDITION “GREENBOOK”, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated, P.O. Box 3031 Terminal Annex, Los Angeles, California 90051.

Phone: 213-202-7775.

The Standard Specifications set forth above will control the general provisions for this Contract except as amended by the Plans, Special Provisions, or other contract documents.

The Section Numbers of the following Special Provisions coincide with those of the said Standard Specifications. Only those Sections requiring amendment or elaboration or specifying options are called out. In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions.

References in the Special Provisions to ‘CALTRANS Standard Specifications” shall mean the Standard Specifications (2003) of the State of California, Department of Transportation. Copies of these specifications and standard drawings may be obtained from: State of California – Department of Transportation, Central Publication Distribution unit, 6002 Folsom Boulevard, Sacramento, California 95819.

References in the Special Provisions to Standard Plans shall mean the Standard Plans for the City of Yucaipa or other governing agency as specified. Applicable Standard Plans for this project are contained in Appendix A of these Specifications.

Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Contract. 1-7. Wage Rates and Labor Code Requirements
Wage Rates
The Contractor and all Subcontractors shall be required to adhere to the general prevailing rate of per diem wages as determined and published by the State Director of the Department of Industrial Relations, pursuant to Sections 1770, 1773 and 1773.2 of the California Labor Code. Copies of these rates and the latest revisions thereto are on file in the Office of the Clerk of the Agency and are available for review upon request.

City of Calimesa
25 Attention is directed to the provisions of Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the State Labor Code. Sections 1774 and 1775 require the Contractor and all Subcontractors to pay not less than the prevailing wage rates to all workers employed in the execution of the Contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and Subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location.

Apprentices (If Applicable)
Section 1777.5 requires the Contractor or Subcontractor(s) employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project and which administers the apprenticeship program if Contractor employees registered apprentices or journeypersons in any apprenticeable trade and if other contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards.

Clayton Act and Cartwright Act
Section 4551 of the State Government Code specifies that in executing a public works contract with the Agency to supply goods, services or materials, the Contractor or Subcontractor(s) offers and agrees to assign to the Agency all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C., Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from the purchase of goods, services or materials pursuant to the contract or subcontract. This assignment shall become effective when the Agency tenders final payment to the Contractor without further acknowledgment by the parties.
1-8. Insurance Requirements
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage [Occurrence Form CG 00 01].

2. Insurance Services Office Form Number CA 0001 [Ed. 1/87] covering Automobile Liability, Code 1 [any auto].

City of Calimesa
26 3. Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance.

4. Professional Liability (if Design/Build).

5. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards).

Minimum Limits of Insurance
Contractor shall maintain limits no less than:

1. General Liability: $2,000,000 per occurrence for products and completed operations, property damage, bodily injury and personal & advertising injury. If Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

4. Professional Liability: $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

5. Contractors’ Pollution Legal Liability: $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as insured’s with respect to liability arising out of automobiles owned, leased, hired or borrowed by, or on behalf of, the Contractor; and with respect to liability arising out of work or operations performed by, or on behalf of, the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.

City of Calimesa
27 2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

Course of construction policies shall contain the following provisions:

1. The City shall be named as loss payee.

2. The insurer shall waive all rights of subrogation against the City.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-VIII.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City’s forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the requirements stated herein.

Contractor’s Liability and Indemnification
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,

City of Calimesa
28 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 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, 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.

If, in the opinion of the Director, the precautions taken by the Contractor are not safe or adequate at any time during the life of the Contract, the Director may order the Contractor to take further precautions, and if the Contractor shall fail to do so, the Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any monies due or becoming due the Contractor. Failure of the Director to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety.

City of Calimesa
29 CITY OF CALIMESA SPECIFICATIONS
SECTION 2 – SPECIAL PROVISIONS
FOR

LANDSCAPE MAINTENANCE SERVICES
BID NO. 2024-10
2-1. Time of Completion and Liquidated Damages
Time of Completion – Three (3) Year Contract with Possible Contract Extensions
If awarded the Contract, the undersigned agrees to start work on this project within ten (10) working days or as otherwise directed by the Public Works Director in accordance with these specifications and agrees to continue performing the maintenance and repair work for a required period of three (3) years with contract extensions to be approved mutually by the CITY and contractor.

Failure by the Contractor to complete any item completely as awarded will result in payment for said item to be deleted from that monthly payment.

Continuous failure by the contractor to complete any said item may result in the City deleting the appropriate item payment from the contractor’s pay request and the City hiring another contractor to complete items not completed with said costs for the replacement contractor’s work being deducted from the contractor’s payments.

In case all the work called for is not completed in all parts and requirements within the time specified, the CITY shall have the right to grant or deny an extension of time for completion, as may seem best to serve the interest of the City. The Contractor will not be assessed with liquidated damages during the delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, fire not due to acts of Contractors or Subcontractors, floods, epidemics, quarantine, restrictions, strikes, freight embargo or unusually sever weather or delays of Subcontractors due to such causes provided that the Contractor shall, within ten (10) calendar days from the beginning of such delay, notify the City, in writing, of the cause of the delay. The City will ascertain the facts and the extent of the delay, and the findings thereon shall be final and conclusive.

Liquidated Damages
Time is of the essence on this Contract and should the Contractor fail to finish the work on or before the time stated above, the Contractor shall be charged by the CITY, as liquidated and ascertained damages, the sum of Five Hundred Dollars ($500.00) for each working day that the work remains incomplete beyond the date(s) specified (subject, however, to extension of time duly granted in the manner and for the causes specified above) it being hereby expressly impracticable and extremely difficult to fix the actual damage which would or will be suffered in the event that the Contractor should fail fully to complete the work within the time specified and it would be further agreed that the charges per day as aforementioned shall be reasonable and proper in premise. The amount so

City of Calimesa
30 charged shall be deducted by the CITY from any monies which may otherwise be or become payable to the Contractor.
2-2. Specifications
The specifications showing character of the work and details of construction are on file at the office of the Public Works Director, located at 908 Park Avenue, Calimesa, California 92320.

Estimates of quantities appearing in these specifications, Notice to Bidders and Proposal Form are merely entered for the convenience of the Contractor’s bidding on this project and as a check of the independent estimates that are required by the Contractor’s to be made in the field before bids are submitted. It must be understood that payment to the successful Contractor will be made on the basis of the unit prices for the various items of work and on the actual quantities of work done as measured in the field by the Public Works Director.

Copies of the Plans and Specifications and Proposal Form may be inspected and obtained at the office of the Public Works Director.

Contractors wishing to obtain the most current edition of the book “Standard Specifications for Public Works Construction” may purchase the copies directly from the Publisher, Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034. There is no charge or deposit for the other items listed above. 2-3. Work Schedule
Time Schedule

1. The Contractor shall coordinate workdays as necessary with CR&R, post office, and street sweeper to minmize conflicts with normal services.

2. The Contractor will coordinate inspections with the Public Works Inspector 48 hours prior to any work being done during evenings or Saturdays.

Work Schedule
The Contractor shall distribute notices about various construction operations to affected residents and commercial establishments 48 hours prior to start of work.

In the event the work is not accomplished on the scheduled day, a 48-hour notice is required for the reschedule.

The Contractor shall submit to the Public Works Director a schedule indicating the sequence of work, estimated time for completion of requested portions of the project and the method of operation required to complete those portions in the time specified. The Contractor’s schedule shall be submitted to the Public Works Director prior to commencing operations at any location. Contractor shall not leave any streets unpaved during weekends unless approved by the Engineer. 2-4. Utilities: Contractor’s Responsibility

City of Calimesa
31 The Contractor shall verify the location of all underground utilities and services before proceeding with the excavation work, requesting in advance the services of inspectors from the utility companies in order to ascertain said locations. The Contractor shall protect in place all electrical vaults, water valves, sewer, storm drain, and telephone manholes to ensure proper adjusting of these to street grade.

Damage to underground utilities resulting from neglect on the part of the Contractor shall be corrected and paid for by the Contractor.

Notification
The Contractor shall notify all owners of public utilities forty-eight (48) hours in advance of excavating around any of the substructures and shall also provide the same notice to Underground Service Alert of Southern California, telephone number 1 (800) 422-4133. Upon request, the Public Works Director will furnish the Contractor a list of the various offices and numbers to call.

The Contractor shall notify all residents adjacent to project areas in writing fortyeight (48) hours in advance of commencing work.

Interference (Utilities in Use)
Utilities which are found, by exploratory location or by excavation to interfere with the construction of this project will be relocated, altered, or reconstructed by others, or the Public Works Director may order changes in location, line or grade of the project structure, to be built in order to avoid said utility. The cost of such changes will be paid for as described in Section 2-10 of these Specifications.

Interference (Abandoned Utilities)
Abandoned utilities that interfere with the construction of any portion of this project may be cut by the Contractor, the interfering portion of the utility removed, and open ends of the pipe sealed with a suitable plug or cap. The cost of this work shall be included in the unit prices bid for the particular items of work where such interference occurs unless otherwise specified.
2-5. Business License
The Contractor shall obtain a City of Calimesa Business License prior to the City issuing the Notice to Proceed.
2-6. Permits (If applicable)
Prior to the commencement of the work, the Contractor shall obtain an encroachment permit at no cost from the City of Calimesa Public Works Department, located at 908 Park Avenue, Calimesa, California 92320. The permit shall be kept in a readily available place on the job site at all times during construction.

While no fee will be charged for the permit, no permit will be issued unless the Contractor provides a code reference number from USA confirming they have received appropriate advance notification as required in Section 2-05.2 above and provides evidence of a current copy of a City of Calimesa business license. 2-7. Additional Work and Extra Work

City of Calimesa
32 The City reserves the right to order additional works over and above the quantities listed in the Proposal Form. In the event that additional work is required and is so ordered by the Public Works Director, payment to the Contractor will be based on the actual quantity of additional work ordered and measured in the field by the Public Works Director and will be paid for at the lump sum price bid by the Contractor. Likewise, the City reserves the right to order extra work not shown on the plans and not listed in the Proposal Form. Any extra work done shall conform to the provisions of Section 3.3, “Extra Work,” or the Standard Specifications, subject to the restrictions of Section 20452 and 20455 of the Public Contract Code.

However, equipment rental rates and labor rates shall conform to State of California Business and Transportation Agency, Department of Transportation, Division of Construction, “LABOR AND EQUIPMENT RENTAL RATES,” latest edition, unless the extra work is done for a negotiated price. 2-8. Increased or Decreased Quantities
If the total pay quantity of any item of work subject to the provisions in Section 3-

2.2.1, “Contract Unit prices”, “increased or decreased quantities,” of the Standard Specifications varies by more than 25 percent, compensation payable to the Contractor will be determined in accordance with said Section 3-2.2.1 and these Special Provisions.

The total of all contract and subcontract administrative and insurance, overhead and profit costs for extra work for which unit prices have not been established in the original contract shall not exceed 20 percent.

When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer’s Estimate is less than $1,500.00 at the applicable contract unit price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor’s request shall be accompanied by adequate, detailed data to support costs of the item.

Should the total pay quantity of any items of work required under the contract be less than 75 percent of the Engineer’s Estimate, therefore, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested by the Contractor. Such Contractor’s request shall be accompanied by adequate, detailed data to support costs of item. 2-9. Payment
Upon completion of the assigned work by the Contractor an acceptance of the work by the Public Works Director, the Contractor shall submit an invoice for said work based on mutually agreed quantities. The monthly payment will be made on the basis of the amount of mutually agreed work completed, less five percent (5%) retention (if applicable). The final payment will be made approximately thirty-five (35) days after acceptance of the work by the City Council and recordation by the County. The Public Works Director may release portions of the retention prior to City Council acceptance.
2-10. Safety Regulations

City of Calimesa
33 The Contractor shall comply with the requirements set forth in Section 7-10.4.1 of the Standard Specifications.
2-11. Avoidance of Dust Nuisance
During the process of breaking and removal of any material from the site of the project and until completion of the contract work, the Contractor shall take all necessary measures in order to avoid the nuisance of excessive dust. Refer to Section 7-8.1 of the Standard Specifications.
2-12. Recycling of Materials and Non-Storm Water Discharges (If applicable) Recycling of Materials
The Contractor is required to recycle all materials. The Contractor shall provide the City all documentations as to the weight of materials removed during excavations in accordance with the requirements of AB 939 and City Ordinance No. 333.

Discharges into Storm Drain
Storm water/urban runoff discharges to the public storm drainage system shall be prohibited for all discharges not wholly comprised of storm water or permitted by a valid National Pollution Discharge Elimination System (NPDES) permit issued by the California Regional Water Quality Control Board and the City of Yucaipa. “Storm drain system” includes all roads with drainage systems, municipal streets, catch basins, curbs, gutter, ditches, man-made channels, storm drain or pipes or culverts. The Contractor shall prevent all non-storm water discharges from the construction site (i.e., mixing and cleaning materials, concrete washout, and disposal of paints, adhesives, solvents and landscape products). Only clear water shall enter the storm drain system.
2-13. Weed/Disease – Pesticide Usage
All landscaped areas shall be maintained free of weeds, disease, insects.

A disease/pest control program to prevent all common diseases from causing serious damage shall be provided on an as needed basis. Weed, disease/pest control shall be provided by a licensed California Pest Control Applicator.

Insects and pests shall be eliminated immediately by appropriate, approved exterminating techniques.

All work involving pesticides shall be in compliance with all Federal, State and Local laws and shall be accomplished by or under the direction of a California Licensed Pest Control Advisor.

Records of all operations, including applicators names, stating times, dates, material used, pesticide formulations and methods of applications shall be maintained per the regulatory agencies regulations.

City of Calimesa
34 The contractor shall provide the City with Material Safety Data Sheets (MSDS) and labels for all pesticide products used or stored within the City.

Frequency of disease, pest control operations shall be daily as needed.

Cost for all weed/disease control will be included in all other items of work and no additional compensation will be paid.

2-14. Litter Removal
As needed, complete policing (litter pick-up) of all maintenance areas, including landscaping and shrub areas, no additional compensation will be paid.

City of Calimesa
35 CITY OF CALIMESA SPECIFICATIONS
SECTION 3 – CONSTRUCTION MATERIALS AND METHODS
FOR

LANDSCAPE MAINTENANCE SERVICES
BID NO. 2024-10
3-1. Removal and Disposal of Materials
All materials removed must be hauled away from the project site on the same working day and legally disposed of and/or recycled at a site located outside the city limits of the City of Calimesa. The Contractor shall recycle materials whenever possible. If the Contractor recycles materials in accordance with the requirements of AB 939, the City shall be provided documentation as to the weight of the material.

Except as otherwise specifically authorized by the City Engineer, all self-propelled equipment used by the Contractor in excavation, breaking and removal operations for street improvement work shall be equipped with rubber tires. 3-2. Avoidance of Dust Nuisance
The Contractor shall take all necessary measures in order to avoid the nuisance of excessive dust resulting from the process of breaking, reconstructing and removing any materials on the project site. Such measures shall be employed for the duration of the contract work. Refer to Section 7-8.1 of the Standard Specifications for Public Works Construction (Green book). 3-3. Storage of Materials in Public Streets
The Contractor shall comply with the requirements set forth in Section 7-10.2 of the Standard Specifications.
3-4. Materials and Methods Additions
References in this section refer to the most recent CALTRANS Standard Specifications unless otherwise specified.
3-5. Mobilization
GENERAL – Mobilization shall comply with the requirements of Section 9-3.4, “Mobilization,” of the Standard Specifications.

PAYMENT - Work under this item shall be paid for under various bid items.

Said price includes full compensation for furnishing all labor, materials, tools, equipment and for doing all the work specified herein. No additional compensation will be paid.
3-6. Scope of Work

City of Calimesa
36 The Contractor’s prime responsibility will be to provide COMPLETE LANDSCAPE MAINTENANCE SERVICES in a safe and timely manner in accordance with the maintenance standards as set forth in this specification. Contractor shall furnish all labor, equipment, materials, and supervision required to properly maintain the landscaped areas and irrigation in an attractive condition throughout the term of the contract. (Material shall include but not be limited to fertilizers and seed. No additional compensation will be allowed for items required for the maintenance of the parks, medians, and basins.) Mulch will be supplied by the City and the Contractor will install it at no additional costs to the City.

Schedule:

The Contractor will provide the City with a maintenance schedule for the City’s approval. This schedule will include times for general maintenance and specialized maintenance for the items such as (but not limited too):

1. Turf Maintenance (Including Mowing-Weekly; Bi-Weekly-November to February)

2. Ground Cover Maintenance (Weekly)

3. Tree Maintenance (Weekly)

4. Decomposed Granite (DG) Pathway Maintenance (Monthly)

5. Concrete “V” Gutter/Cobble Swale Maintenance (Monthly)

6. Detention Basin Maintenance (Weekly)

7. Fuel Modification Area Maintenance (Tri-Annually)

8. Irrigation Repair (As Needed)

9. Litter Removal
The costs submitted in the contractor’s proposal will be applied to all the existing parks, medians, detention basins, and City property at the unit prices bid and the amount/type of work to be performed at each park, median, detention basin, and City property. These costs will also be applied to parks, medians, detention basins, and City property that may be accepted by the CITY for maintenance.

A. Workforce and Performance

1. Landscape Maintenance Contractor shall have a valid California Landscape Contractor License (C-27).
a. All workers shall be under the supervision of an experienced maintenance supervisor.
b. All work shall be scheduled to assure that horticultural tasks are completed at the proper times. Schedules may vary throughout the year as weather conditions indicate. Contractor to furnish schedule for all landscaping maintenance.
c. Contractor shall repair or replace at his own expense any and all damage to property caused by any act or omission of the Contractor, his employees or his agent.

B. Contractor Liability

1. All damage to existing improvements located within areas, and adjacent to areas under maintenance, which in the opinion of the City are due to the Contractor’s operation, shall also be repaired or replaced at the Contractor’s expense with similar materials and in an approved manner.

City of Calimesa
37 2. Such repairs and/or replacement shall be performed by the Contractor at no cost to the City and shall be accomplished as directed by the City or its representative.

Repairs shall be made immediately after damage or alteration occurs. Deductions shall be made from the Contractor’s payment in the amount necessary to compensate the City for such repairs in the event such repair work is done by City staff. Irrigation damage shall be repaired or replaced within the following time limits:
a. All damages to turf (when applicable), ground cover, shrubs, vines or trees shall be repaired or replaced within five (5) working days. i. Damage to turf shall be repaired by replacement with the appropriate variety of sod, reseeding shall not be considered as an adequate repair. (if applicable)
ii. Damage to groundcover shall be repaired by replacement with the appropriate variety of plant material. The City shall determine size and spacing.
iii. Damage to shrubs may be corrected by appropriate pruning; however, if in the opinion of the City the damage is severe, the shrub shall be removed and replaced with a similar variety and size.

3. Damage to trees shall be repaired in the following manner:
a. A qualified Tree Surgeon or Arborist shall remedy minor damage such as bark lost from mechanical equipment.
b. If the damage results in the loss of the tree; or, if in the opinion of the City the damage is severe, the damaged tree shall be removed and replaced with a similar variety and size.

4. All damage resulting from chemical application and/or operation, either by spraydrift, improper application, lateral leaching, or other means, shall be corrected in accordance with the previous provisions and the soil conditioned to ensure its ability to support plant life.

5. All work shall be inspected, verified, and completed to the satisfaction of the City, or its authorized representative.

C. Inspection
A detailed walk-around inspection between Contractor and/or Contractor’s designated representative and the designated City representative shall be required on the first and third week of each month to ensure adequacy of maintenance and methods of performing the work are in compliance with the contract. However, this shall not be construed to relieve the Contractor of the duty to provide continuous inspection of the work area. Discrepancies and deficiencies in the work shall be brought to the attention of the Contractor and corrected in the manner and time frame specified by the City. The time and location of inspections shall be determined upon execution of this Agreement. Failure of the Contractor to comply with this requirement may result in a reduction of compensation, as specified and/or termination of the Agreement, as specified. This requirement may be modified by written mutual consent of City and Contractor.

D. Work Schedule

1. Normal Work Schedule: The Contractor shall accomplish all construction work between the hours of 7:00 a.m. and 5:00 p.m. during the normal workweek, Monday through Friday. Deviation from these hours will not be permitted without the prior consent of the City Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The

City of Calimesa
38 service fees will be calculated at overtime rates, including benefits, overhead and travel time. The Contractor will coordinate inspections with the Public Works Inspector 24 hours prior to any work being done during evenings or Weekends.

2. Contractors shall submit to the Public Works Department a weekly detailed job schedule, time sheet, names and titles of all persons working on the project within ten (10) days after the start of the maintenance contract. The City or its representative shall approve materials and/or chemicals to be used on any site.

The City shall be notified within five (5) working days of any deviation from this schedule or material usage.

3. Contractors shall maintain and keep current a report form that records all on-going, seasonal, and additional work maintenance functions performed on a daily basis by the Contractor’s personnel. Said report shall be in a form and content acceptable to the City and shall be submitted to the City monthly. The monthly payment will not be made until the City receives such report.

E. General Maintenance

1. Contractor shall have the duty to provide complete landscape maintenance of all work sites including, but not limited to, the following:

2. Fertilize, prune, shape and trim trees, shrubs and ground cover plants. Before the fertilization process the contractor shall obtain a soils analysis and recommendation for the fertilization of the specific types of items to be fertilized.

That analysis and recommendation will be submitted to the City for approval prior to fertilization. The cost for the analysis (yearly) and recommendation will be at the contractor’s expense and no additional compensation will be paid. Furnish and install any mulch products (City furnished) which have become deficient per the City, no additional compensation will be paid. Coordinate mulch delivery with the City’s representative.

3. Control weeds (pulling not weed whacking) and spraying, plant disease, no additional compensation will be paid.

4. Mow, edge, fertilize, renovate and over seed turf grass, no additional compensation will be paid.

5. Maintain plant material in a healthy condition with horticulturally acceptable growth and color, no additional compensation will be paid.

6. As needed, complete policing (litter pick-up) of all maintenance areas, including landscaping and shrub areas, no additional compensation will be paid.

7. Maintenance of all planters (pulling weeds not weed whacking, replanting etc.), no additional compensation will be paid.

8. Contractor shall be responsible for collection and disposal of all waste material; this includes cleaning sidewalks, benches, curbs and gutters of trimming litter and weeds, no additional compensation will be paid.

9. In the event of a windstorm or other severe weather event, Contractor shall do a complete review of all maintenance areas within 24-hours following the storm and notify City of any work needed. Emergencies that involve maintenance work included in these general conditions; no additional compensation will be paid.

10. Contractors shall perform a biweekly maintenance inspection, during daylight hours, of all areas.

11. As part of the general maintenance the contractor shall maintain the DG in the designated trails in a smooth even surface filling of ruts and depressions is required within 24 hrs. of notice by the City. No additional compensation will be paid.

12. Irrigation repair shall be billed at time per unit hourly price list and materials at purchase price plus 5%. Repairs may include, but are not limited to replacement

City of Calimesa
39 of worn/broken irrigation equipment, quick couplers, valves, etc. Contractor shall perform these services after being provided written authorization or work order.

F. Turf Maintenance (Weekly)

1. Frequency (weekly) and height of mowing will depend on type of turf and current weather and growing conditions. Edging along sidewalks and curbs shall be performed with each mowing. Lawns bordering ground cover and trail areas shall be edged to prevent grasses from spreading into ground cover area. No additional compensation will be paid.

2. Turf shall be edged around all sprinklers and other objects, as necessary, to allow proper functioning and prevent damage, no additional compensation will be paid.

3. All turf maintained under the Contract shall be mowed with power mowers. The mowers shall be maintained so as to provide a smooth even cut without tearing.

The reel or blade adjustment will provide a uniform, level cut without ridges or depressions. Recycler mowers shall only be used upon acceptance by the City. All clippings and debris shall be removed concurrent with mowing operations. No PTO driven mowers will be allowed.

4. All clippings and trimmings shall be removed from the work site the same day work is performed and prior to a Contractor vacating the work site, no additional compensation will be paid. Contractor will provide City with a monthly accounting of said green waste.

G. Ground Cover Maintenance (Weekly)

1. Edging and Trimming of Ground Cover:
a. Edging of ground cover areas shall be performed weekly, no additional compensation will be paid.
b. All ground cover adjacent to sidewalks, trails, curbs, mowing strips, or where no improved surface exists, shall be edged in a neat, uniform line, no additional compensation will be paid.
c. All groundcover shall be continually trimmed at the dripline of all shrubs, no additional compensation will be paid.
d. All groundcover shall be continually trimmed along walls, valve boxes, water meter boxes, backflow devices, or other structures located within the ground cover area as determined by the City. No additional compensation will be paid.
e. Trimming of groundcover may be required around sprinklers to provide maximum irrigation coverage. No additional compensation will be paid. f. All clippings and trimmings shall be removed from the work site the same day work is performed and prior to a Contractor vacating the work site. No additional compensation will be paid. Contractor will provide City with a monthly accounting of said green waste.
g. Furnish and install any mulch products or dead plants which have become deficient per the City. No additional compensation will be paid.

2. Cultivation of Ground Cover Areas:
a. The open soil between plants shall be cultivated weekly where the planting permits. No additional compensation will be paid.

3. Renovation of Ground Cover Areas:
a. Ground cover plantings shall be thinned and pruned for the health of the planting and the appearance of the site, or as required by the City. No additional compensation will be paid.

4. Replanting of Ground Cover Areas:

City of Calimesa
40 a. Replanting shall be required to maintain the continuity of the ground cover area. Cost for this replanting shall be paid per the contractor’s attached material replacement costs lists and as directed by City.

5. Ground Cover Fertilization:
a. The ground cover shall be continually fertilized to provide a healthy and vigorously growing ground cover with horticultural acceptable growth and appearance, as determined by the City. Before the fertilization process the contractor shall obtain a soils analysis and recommendation for the fertilization of the specific types of items to be fertilized. That analysis and recommendation will be submitted to the City for approval prior to fertilization.

The cost for the analysis and recommendation will be at the contractor’s expense and no additional compensation will be paid.
b. All fertilizer applications shall be performed with properly calibrated equipment to provide a uniform application.
c. Contractor shall notify the City, in writing, five (5) working days prior to any fertilizer application. This written document shall include the following:
i. Location and exact date the fertilizer application will be performed. ii. Type of fertilizer and method of application to be used.

H. Shrub Care (Weekly)

1. Pruning of Shrubs
a. All shrubs growing in the work areas shall be pruned annually in February, or more frequently as determined by the City, to encourage healthy growth habits, removal of dead or damaged branches, and maintain natural shape.

No additional compensation will be paid.
b. Shrubs shall be pruned with sharp pruning tools.
c. Shrubs shall be continually pruned, as necessary, to prevent encroachment of passageways, walks, streets, and view of signs. Shrubs shall be tapered to provide irrigation coverage and an aesthetically pleasing landscape. No additional compensation will be paid.
d. All pruning cuts shall be one-quarter (1/4) inch above a node (bud). No projections or stubs shall be allowed to remain.
e. Contractor shall remove all clippings the same day shrubbery is pruned and prior to vacating the work site. No additional compensation will be paid. f. Pruning shall be done to maintain a natural well-groomed, laced-out appearance, and encourage air movement through the shrub. g. Shearing, hedging or severe pruning shall not be permitted without prior written permission from the City.
h. Contractor shall notify the City five (5) working days prior to the annual pruning, in writing, stating the exact location and date the annual pruning shall be performed.

2. Shrub Fertilization
a. Shrubs shall be fertilized as necessary to maintain horticultural acceptable health and color. Before the fertilization process the contractor shall obtain a soils analysis and recommendation for the fertilization of the specific types of items to be fertilized. That analysis and recommendation will be submitted to the City for approval prior to fertilization. The cost for the analysis and recommendation will be at the contractor’s expense and no additional compensation will be paid.
b. Foliar fertilization may be performed when appropriate.

3. Shrub Replacement

City of Calimesa
41 a. All damaged, diseased (untreatable) or dead shrubs shall be replaced with the exact same species and size of plant material that existed. If approved by the City the Contractor shall be responsible for the complete removal and replacement of shrubs lost. Compensation for the replacement of the shrubs will be at the price quoted by the contractor from his list of costs and as directed by City.
b. Substitutions for any plant materials must have prior written approval by the City.
c. Original plans and specifications shall be consulted to determine correct identification of species.
d. Care shall be taken to prevent soil build-up around the crown of shrubs.

I. Vine Care (Weekly)
Vines and espalier plants shall be checked regularly and secured to the wall or support on a weekly basis. No additional compensation will be paid.

1. Vine Trimming
a. All vines shall be trimmed a minimum of every three months. No additional compensation will be paid.
b. All vines shall be maintained so encroachment into adjacent pedestrian rightof-way shrubs, ground cover or private property is inhibited.

J. Tree Care (Weekly)

1. Tree Trimming
a. Contractor shall be responsible for all tree trimming, to a height of fifteen feet (15 feet). No additional compensation will be paid.
b. Contractor shall perform tree pruning annually between November-February to provide a natural well groomed, "laced out" appearance. c. Contractor shall notify the City in writing five (5) days prior to any tree pruning, except when pruning is required for public safety.
d. All trees in the work site shall be maintained in their natural shapes. This work shall be accomplished in a manner which will ensure that each individual tree is trimmed carefully to promote the tree's health and appearance. No additional compensation will be paid.
e. All work shall be of the highest quality and performed in accordance with approved ISA professional tree trimming standards.
f. All trees shall be pruned within 48-hours upon notification to remove or prevent encroachment where it blocks vision or encroaches in any manner deemed undesirable by the City. No additional compensation will be paid. g. All trees shall be continually maintained free of all dead, diseased (mistletoe) and damaged branches back to the point of breaking. Cuts must be made per I.S.A. Pruning Standards. Pruning tools shall be adequately sharpened to provide clean cuts and shall be properly sterilized to reduce spread of disease. No additional compensation will be paid.
h. All sucker growth is to be removed from trees as it occurs. No additional compensation will be paid.
i. Contractors shall maintain all branches which encroach sidewalks and paths at a minimum height of eight (8) feet clearance and a minimum fourteen (14) foot clearance for branches, which encroach beyond the curb line into the travel ways. No additional compensation will be paid.
j. All branches that encroach over private property shall be removed as directed. No additional compensation will be paid.

City of Calimesa
42 k. Contractors shall not remove or disturb any tree central leader without prior written approval from the City.

2. Tree Staking
a. Contractor shall, at no additional cost to the City, stake and tie all trees that require support.
b. Tree stakes shall be pentachlorophenol treated lodgepole pine not less than eight (8) feet in length. Two (2) tree stakes are required per tree. c. Trees shall be secured to stakes with cinch ties or equivalent. Do not use wire and hose.
d. Stakes shall be placed outside of the root ball.
e. Stakes and ties shall be placed so no chafing of bark occurs and shall be checked frequently, and re-tied as necessary, to prevent girdling.

3. Tree Replacement
a. Contractor shall be responsible for the complete removal and replacement (Compensation for the replacement of the trees will be at the price quoted by the contractor from his list of costs.) of trees lost, as determined by the City. b. Replacement shall be made by the worksite Contractor with the kind and size determined by the City. Downed trees, due to any cause, shall be removed and the stump ground to a depth of 12" and re-filled the same day of identification or notification. The City may specify a species of tree for replacement different from the one lost. Compensation for the replacement of the trees will be at the price quoted by the contractor from his list of costs and as directed by City.

4. Fertilization - Contractors shall fertilize trees as necessary to maintain horticultural acceptable health and color. The time and type of fertilization shall be approved by the City prior to any application. No additional compensation will be paid.

K. Green Waste Disposal

1. Contractor shall be responsible for recycling all green waste generated from their contract performance. No additional compensation will be paid.

2. Contractor shall have the duty to keep all green waste from being contaminated to an extent it no longer can be recycled.

3. Contractor shall deliver all green waste to a city approved reclamation site, for the purposes of recycling.

4. Contractor shall submit a monthly report identifying the weight and/or volume of green waste recycled during the preceding month. No additional compensation will be paid.

L. General Clean-Up

1. Trash Removal: Remove all contractor generated trash and accumulated debris from the work sites. No additional compensation will be paid.

2. Walkway Maintenance: Walkways shall be cleaned immediately following mowing and edging and cleaned by use of power sweeping or blower equipment not less than once per week. No additional compensation will be paid.

3. Removal of Leaves: Accumulation of leaves shall be removed from all areas not less than once per week. No additional compensation will be paid.

4. Removal of Damaged Plant Material: All dead, damaged, declining, hazardous or broken plant material (trees, shrubs, vines, ground cover, turf), shall be removed by the contractor at no additional cost to the City.

M. Weed Control and Fertilization

City of Calimesa
43 1. All planted areas, areas around shrubs and trees, next to buildings, fences, sidewalks and curbs shall be kept essentially free of weeds. Weeds shall be controlled preferably with pre-emergent herbicides but also with selective systemic herbicides as recommended by a licensed pest control/herbicide advisor. Pull weeds throughout the project areas and hoe weeds as little as possible, since this may result in plant damage. It will be considered unsatisfactory to allow weeds to grow unabated for more than one (1) week (see attached weed list). No additional compensation will be paid.

2. Contractor shall take reasonable steps necessary to maintain landscape areas essentially free of harmful horticultural insects and disease infestations as customarily occur in the vicinity of the project and as preventable by application of available chemical or cultural practices.

3. Plant material shall be fertilized according to their individual needs to maintain good health, vigor and color throughout the year the cost for all material including fertilizers and weed control agents and labor to apply the same is considered incidental to all other items of work.

4. All materials used in the maintenance of the landscaping and irrigation shall comply with local, state and federal laws.

5. Application of all materials should be carefully timed to promote positive results and promote safety.

6. The cost of chemicals and their applications is the responsibility of the Contractor.

7. Before the fertilization process the contractor shall obtain a soils analysis and recommendation for the fertilization of the specific types of items to be fertilized.

That analysis and recommendation will be submitted to the City for approval prior to fertilization. The cost for the analysis and recommendation will be at the contractor’s expense and no additional compensation will be paid.

N. Additional Work

1. The CITY may, at its discretion, authorize the Contractor to perform additional work. Additional work shall be defined as work not included in this Agreement. All extra work must have written approval prior to the work being performed.

Contractor shall submit an invoice for compensation with attached photocopies of all original invoices for materials. Compensation shall not exceed the written estimate. The Contractor’s invoice shall be subject to audit and review by the City prior to payment.

O. Performance Evaluation
The performance of the maintenance work will be reviewed and monitored by the City on a monthly basis. Both the City representative and the Contractor’s representative shall walk the maintained location and sign off on the inspection sheet. During these reviews, the City will utilize the inspection sheet for that location, which is included in this specification, to document the findings. Overall performance will be evaluated on a grading system. A grade of an “A” represents acceptable work and the contractor shall receive 100% payment for that month. If the Contractor does not sign the inspection report for any given location, the invoice for that location will be reduced by 10% (City and Contractor buy-off is essential to this contract). A grade of a “B” represents that there are issues that should have been addressed as part of the contract, such as excessive amounts of weeds, incomplete mowing, missed fertilization, or any items not addressed that were listed on the prior inspection, and the contractor shall receive 75% payment for that month. A grade of a “C” means excessive items are on the list and there

City of Calimesa
44 are carry-over items from the previous inspection, and the contractor shall receive 60% payment for that month. A failing grade for the park means that major components of the contract were missed, and the contractor shall receive zero payment for that month.

Any overall rating falling below a B will be deemed unsatisfactory. Two consecutive unsatisfactory ratings may, at the discretion of the City, result in the termination of the entire contract.

P. Guarantee and/or Replacement Policy

1. All new plant material and irrigation installed shall be guaranteed for a period of one (1) calendar year except due to "Acts of God," i.e., damage or death of plant material due to wind or storm. No additional compensation will be paid.

Q. Contract Length and Extension

1. This contract shall be for a period of three (3) years from the signing of the contract. If agreed mutually by the contractor and the City the contract may be extended for two (2) additional years at the contract prices bid originally. After the 3 rd year the City and Contractor may agree to extend the contract in one-year increments for a period of two more years. The years 4 - 5 would be extended if mutually agreed by the City and Contractor at the end of each year with an adjustment being allowed equal to the CPI for the years 4 and 5. The CPI is defined as the Consumer Price Index for the Riverside-San Bernardino-Ontario Area for All Urban Consumers (1982-84=100).

R. Re-Seeding at Various Locations
The contractor shall on an annual basis, re-seed areas that are bare as selected by the City’s representative. The seed shall be applied at a rate of 6 pounds/1000sf and the City shall approve the type of seed proposed by the Contractor to be used, Triple Crown Extreme (Aquawise), or approved equal. The seed shall be spread using a mechanical applicator. The schedule for applying the seed shall be coordinated with the City representative so that the proper amount of water may be applied to the re-seeded area. The seed shall be immediately topped with a topper, 1/8” thick. The topper proposed for the application shall be approved by the City’s representative, weed-free, organic product. In areas where the seed requires that the grass be closed off to public use, the City will provide and install necessary fencing.

S. Litter Removal
As needed, complete policing (litter pick-up) of all maintenance areas, including landscaping and shrub areas, no additional compensation will be paid. 3-7. Turf Maintenance (Weekly)
GENERAL: The Contractor’s prime responsibility will be to provide for complete “TURF MAINTENANCE”. This will include all mowing, seeding, trimming, weeding, fertilizing, replanting of any dead areas and the overall maintenance required. The Contractor shall furnish all labor, equipment, MATERIAL and supervision required to properly maintain the turf areas in an attractive condition throughout the term of the contract. All of the above maintenance procedures shall be performed weekly except for the aerating, seeding and fertilizing which will be performed quarterly on a schedule approved by the City prior to commencing any work on this contract.

City of Calimesa
45 The City will also reserve the right to adjust any schedules after a consultation with the contractor.

The mowing schedule will be changed from weekly to every other week from November to February. Contractor shall adjust bid price accordingly, such that the unit prices do not change from month to month.

PAYMENT: The contract unit price paid per Lump Sum for “TURF MAINTENANCE”, shall include full compensation for furnishing all labor, MATERIAL, tools, equipment, and incidentals, and for doing all work involved in the turf AREA maintenance as directed by the Engineer and as stated above, and no additional or separate compensation will be allowed therefore. 3-8. Ground Cover and Shrub Maintenance (Weekly)
GENERAL: The Contractor’s prime responsibility will be to provide for complete “GROUND COVER AND SHRUB MAINTENANCE”. This will include all ground cover and SHRUBS trimming, weeding, fertilizing, removal of dead or diseased plants (city pays unit costs for installation and plants/plant material per contractor’s attached unit cost list) and the overall maintenance required. The Contractor shall furnish all labor, equipment, MATERIAL and supervision required to properly maintain the ground cover maintenance areas and irrigation in an attractive condition throughout the term of the contract. All of the above maintenance procedures shall be performed weekly except for the fertilizing which will be performed quarterly on a schedule approved by the City prior to commencing any work on this contract.

The City will also reserve the right to adjust any schedules after a consultation with the contractor.

PAYMENT: The contract unit price paid per Lump Sum for “GROUND COVER AND SHRUB MAINTENANCE”, shall include full compensation for furnishing all labor, MATERIAL, tools, equipment, and incidentals, and for doing all work involved in the ground cover area maintenance as directed by the City and as stated above, and no additional or separate compensation will be allowed therefore.
3-9. Tree Maintenance (Weekly)
GENERAL: The Contractor’s prime responsibility will be to provide for complete “TREE MAINTENANCE”. This will include all trimming, fertilizing, removal of dead or diseased trees (city pays unit costs for installation and trees/tree material per contractor’s attached unity cost list) and the overall maintenance required. All trimming shall be performed per the ISA Pruning Standards. The Contractor shall furnish all labor, equipment, MATERIAL and supervision required to properly maintain the trees in an attractive condition throughout the term of the contract.

PAYMENT: The contract unit price paid per Lump Sum for “TREE MAINTENANCE”, shall include full compensation for furnishing all labor, MATERIAL, tools, equipment, and incidentals, and for doing all work involved in the tree maintenance as directed by the Engineer and as stated above, and no additional or separate compensation will be allowed therefore. 3-10. DG Pathway Maintenance (Monthly)

City of Calimesa
46 GENERAL: The Contractor’s prime responsibility will be to provide for complete “DG PATHWAY MAINTENANCE”. This will include all grading for proper drainage, placing and compacting decomposed granite (city will order and pay costs for DG), as part of the overall maintenance requirement. The Contractor shall furnish all labor, equipment and supervision required to properly maintain the walkways in an attractive, useful condition throughout the term of the contract.

PAYMENT: The contract unit price paid per Lump Sum for “DG PATHWAY MAINTENANCE”, shall include full compensation for furnishing all labor, tools, equipment, and incidentals, and for doing all work involved in the DG maintenance as directed by the City and as stated above, and no additional or separate compensation will be allowed therefore.
3-11. Fuel Modification Area Maintenance (Tri-Annual – Late Spring/Summer/Early Fall)
GENERAL: The Contractor’s prime responsibility will be to provide for complete “FUEL MODIFICATION AREA MAINTENANCE”. This will include all cutting and removal of brush, trees and other material within the fuel modification per Fire Marshall requirements (Exhibit A). The Contractor shall furnish all labor, equipment, MATERIAL and supervision required to properly maintain the fuel modification areas free from plant growth to ensure proper fire protection throughout the term of the contract. All of the above maintenance procedures shall be performed three times a year on a schedule approved by the City prior to commencing any work on this contract. The City will also reserve the right to adjust any schedules after a consultation with the contractor.

PAYMENT: The contract unit price paid per Lump Sum for “FUEL MODIFICATION AREA MAINTENANCE”, shall include full compensation for furnishing all labor, MATERIAL, tools, equipment, and incidentals, and for doing all work involved in the fuel modification area maintenance as directed by the Engineer and as stated above, and no additional or separate compensation will be allowed therefore.
3-12. “V” Gutter Maintenance (Monthly – As Needed)
GENERAL: The Contractor’s prime responsibility will be to provide for complete ““V” GUTTER MAINTENANCE”. This will include all debris removal from within the concrete drainage swale and any structure attached to that swale. The Contractor shall furnish all labor, equipment and supervision required to properly maintain the concrete drainage swales and associated drainage structures. All of the above maintenance procedures shall be performed on a schedule approved by the City prior to commencing any work on this contract. The City will also reserve the right to adjust any schedules after a consultation with the contractor.

PAYMENT: The contract unit price paid per Lump Sum for “”V” GUTTER MAINTENANCE”, shall include full compensation for furnishing all labor, tools, equipment, and incidentals, and for doing all work involved in the maintenance of the concrete drainage swales and associated drainage structures as directed by the Engineer and as stated above, and no additional or separate compensation will be allowed therefore.

City of Calimesa
47 3-13. Detention Basin Maintenance (Monthly)
GENERAL: The Contractor’s prime responsibility will be to provide for complete “DETENTION BASIN MAINTENANCE”. This will include vegetation removal for basin capacity management, invasive plant removal, weeding, and maintenance called out in all other various items of work for the overall maintenance required. The Contractor shall furnish all labor, equipment, MATERIAL and supervision required to properly maintain the trails in an attractive, useful condition throughout the term of the contract.

PAYMENT: The contract unit price paid per Lump Sum for “DETENTION BASIN MAINTENANCE”, shall include full compensation for furnishing all labor, MATERIAL, tools, equipment, and incidentals, and for doing all work involved in the trail maintenance as directed by the Engineer and as stated above, and no additional or separate compensation will be allowed therefore. 3-14. Aerating and Fertilizing (Quarterly)
GENERAL: The Contractor’s prime responsibility will be to provide for complete “AERATING AND FERTILIZING”. This will include maintenance called out in all other various items of work for the overall maintenance required. The Contractor shall furnish all labor, equipment, MATERIAL and supervision required to properly aerate and fertilize per the specifications, throughout the term of the contract. All of the above maintenance procedures shall be performed on a schedule approved by the City prior to commencing any work on this contract.

PAYMENT: The contract unit price paid per Lump Sum for “AERATING AND FERTILIZING” on a quarterly basis, shall include full compensation for furnishing all labor, material, tools, equipment, and incidentals, and for doing all work involved in aerating and fertilizing and required soils testing to determine fertilization rates as directed by the Engineer and as stated above, and no additional or separate compensation will be allowed therefore.
3-15. Irrigation Testing, Monitoring, and Adjusting (Monthly) GENERAL: The Contractor’s prime responsibility will be to provide for complete “IRRIGATION TESTING, MONITORING, AND ADJUSTING”. This will include maintenance called out in all other various items of work for the overall maintenance required. The Contractor shall furnish all labor, equipment, MATERIAL, and supervision required to properly maintain the irrigation system in an efficient, operational condition throughout the term of the contract.

PAYMENT: The contract unit price paid per Lump Sum for “IRRIGATION TESTING, MONITORING, AND ADJUSTING”, shall include full compensation for furnishing all labor, MATERIAL, tools, equipment, and incidentals, and for doing all work involved in the irrigation system operation as directed by the Engineer and as stated above, and no additional or separate compensation will be allowed therefore.
3-16. Pocket Park Maintenance

City of Calimesa
48 GENERAL: The Contractor’s prime responsibility will be to provide for complete “POCKET PARK MAINTENANCE”. This will include all landscape and irrigation maintenance and trash removal. The Contractor shall furnish all labor, equipment, MATERIAL, and supervision required to properly maintain the pocket park in an attractive condition throughout the term of the contract.

PAYMENT: The contract unit price paid per Lump Sum for “POCKET PARK MAINTENANCE”, shall include full compensation for furnishing all labor, MATERIAL, tools, equipment, and incidentals, and for doing all work involved in the maintenance of the pocket park as directed by the Engineer and as stated above, and no additional or separate compensation will be allowed therefore. 3-17. Rose Garden Maintenance
GENERAL: The Contractor’s prime responsibility will be to provide for complete “ROSE GARDEN MAINTENANCE”. This will include hedging and fertilization. The Contractor shall furnish all labor, equipment, MATERIAL, and supervision required to properly maintain the rose garden in an attractive condition throughout the term of the contract.

PAYMENT: The contract unit price paid per Lump Sum for “ROSE GARDEN MAINTENANCE”, shall include full compensation for furnishing all labor, MATERIAL, tools, equipment, and incidentals, and for doing all work involved in the maintenance of the rose garden as directed by the Engineer and as stated above, and no additional or separate compensation will be allowed therefore.

City of Calimesa
49 APPENDIX A

CONTRACT AGREEMENT DOCUMENTS

City of Calimesa
50 CITY OF CALIMESA

AGREEMENT FOR

LANDSCAPE MAINTENANCE SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this day of , 20___, by and between the City of Calimesa, a municipal organization organized under the laws of the State of California with its principal place of business at 908 Park Avenue, Calimesa, California 92320 ("City") and [INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; CORPORATION; LIMITED LIABILITY COMPANY; ETC.], with its principal place of business at [INSERT ADDRESS] ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of professional Weed Abatement Contractor services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is licensed in the State of California and is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the Landscape Maintenance Services ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Landscape Maintenance Services necessary for the Project ("Services"). All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

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.

3.1.2 Term. The term of this Agreement shall be from March 01, 2025, to February 29, 2028, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one-year terms.

Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certification (IRS Form W-9) prior to

City of Calimesa
51 commencement of any Services under this Agreement. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in the contract documents and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work performed by Contractor shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Contractor at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAME(S)].

3.2.5 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Public Works Director, or his or her designee, as the City's contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.

3.2.6 Contractor's Representative. Contractor hereby designates [INSERT NAME OR TITLE], or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services.

Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-Contractors who is determined by the City

City of Calimesa
52 to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Contractor in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so. (a) Commercial General Liability: Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
(c) Contractors Pollution Liability: and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
(d) Professional Liability: (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. (e) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

City of Calimesa
53 3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(A) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability and (c) Contractor's Pollution Liability shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the Agreement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium. (B) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and (d) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium. (C) The policy or policies of insurance required by Section 3.2.10.2 (e) Workers' Compensation shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium.

3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.10.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall

City of Calimesa
54 be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 Failure to Maintain Coverage. Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Agreement.

In the event that the Contractor's operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.

3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.10.10 Insurance for Subcontractors. All Subcontractors shall be included as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing Subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subcontractor's policies.

3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.12 Business License. Contractor shall procure a City of Calimesa Business License and renew it annually during the term of the Agreement.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the proposal form and incorporated herein by reference. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City.

City of Calimesa
55 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section

3.1.2, the rates set forth in the proposal form may be adjusted each year at the time of renewal in accordance with the March Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties up to a maximum percentage of five percent.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement.

Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:
[INSERT NAME, ADDRESS & CONTACT PERSON]

City of Calimesa
56 City:

City of Calimesa
908 Park Avenue
Calimesa, CA 92320
Attn: Mari Shakir, Associate Engineer
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 Confidential Information. The City shall refrain from releasing Contractor’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Contractor of its intention to release Proprietary Information. Contractor shall have five (5) working days after receipt of the Release Notice to give City written notice of Contractor's objection to the City's release of Proprietary Information. Contractor shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Contractor fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.6 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.7 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

City of Calimesa
57 3.5.8 Indemnification.

3.5.7.1 Scope of Indemnity. 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 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, 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.

3.5.8.2 Additional Indemnity Obligations. Contractor shall defend, with Counsel of City's choosing and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.7.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.5.9 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.10 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

3.5.11 Time of Essence. Time is of the essence for each and every provision of this Agreement.

City of Calimesa
58 3.5.12 City's Right to Employ Other Contractors. City reserves right to employ other Contractors in connection with this Project.

3.5.13 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.14 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.15 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.16 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.17 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.5.18 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.19 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.20 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Further, Contractor warrants that it has not promised or paid to any city employee or official, any rebates, kickbacks, or other unlawful considerations contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.21 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.22 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

City of Calimesa
59 3.5.23 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.24 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]

City of Calimesa
60 IN WITNESS WHEREOF, the parties have executed this instrument on this ____ day of __________, 202__.

CITY OF CALIMESA [INSERT NAME OF CONTRACTOR]
By: By:_____________________________
Will Kolbow
City Manager Name:___________________________
Title:____________________________
Attest:
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND

CORPORATE SEAL OF CONTRACTOR
REQUIRED]
By:

Darlene Gerdes By:_____________________________
City Clerk
Name:___________________________
Approved as to Form: Title:____________________________

RICHARDS WATSON GERSHON

By:

Quinn Barrow
City Attorney

City of Calimesa
61 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
Compan
y
A,B,C
Coverage Expiratio
n 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,

City of Calimesa
62 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, 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:

City of Calimesa
63 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.

City of Calimesa
64 EXHIBIT A

SITE MAPS AND PLANS

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Open Space Zone B Zone C Zone C Landscape Area
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SINGLETON HEIGHTS CFD-12

Default Title

City of Calimesa
65 EXHIBIT B
Fire Prevention Bureau Fuel Modification Plan
Guideline

CITY OF CALIMESA
908 Park Avenue  Calimesa, California 92320
Phone: (909) 795-9801  Fax: (909) 795-4399

FIRE PREVENTION BUREAU

FUEL MODIFICATION PLAN GUIDELINE

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. 7
SUBJECT: APPOINTMENT OF STEVEN FLOWER AS CITY ATTORNEY WITH THE ADOPTION OF RESOLUTION 2025-06 – A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CALIMESA APPOINTING STEVEN FLOWER

AS CITY ATTORNEY FOR THE CITY OF CALIMESA
MEETING DATE: February 18, 2025
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council appoint Steven Flower as City Attorney of the City of Calimesa by the adoption of Resolution No. 2025-06.

BACKGROUND/DISCUSSION: Quinn Barrow has served as City Attorney for the City since April 19, 2021. City Attorney Barrow has informed City Council Members that there is a need to transition the position of City Attorney to Steven Flower, with the City Council’s concurrence.

Mr. Flower has been employed by the law firm of Richards, Watson & Gershon (the “Firm”) for 19 years, and pursuant to the City’s contract with the Firm, the City Council designates the person to serve as the appointed City Attorney. Once designated, other attorneys of the Firm may be assigned by the City Attorney to serve as Assistant or Deputy City Attorneys.

Mr. Flower is an experienced City Attorney with substantial experience in Land Use, Telecommunications and Water Law practice groups. Mr. Flower has extensive experience advising boards and commissions at public meetings on matters of municipal governance and operation, including the Brown Act, parliamentary procedure, conflicts of interest rules, election law, the Public Records Act, public contracts, public works, land use, CEQA, free speech activities, and telecommunications. Mr. Flower regularly works with public agency staffs, developers, and decisionmakers on all manner of land use issues, from specific plans for large mixed-use developments to Environmental Impact Reports for controversial developments.

Mr. Flower currently serves as General Counsel to the Six Basins Watermaster and Tri-City Mental Health Authority and Assistant City Attorney and Planning Commission Counsel for the City of Brea.

He has previously served as the City Attorney of the cities of Upland, San Marino, and Seal Beach, and Assistant City Attorney and Planning Commission Counsel for the cities of Banning and Rancho Cucamonga.

Mr. Barrow and his predecessor Kevin Ennis will remain involved with the City and available to assist on projects as Senior Counsel. This will ensure a smooth transition and allow for Mr. Flower

and the City to utilize the institutional experience and knowledge of Ms. Barrow and Mr. Ennis in upcoming matters.

FISCAL IMPACT: None. No changes to the City’s contract with Richards, Watson & Gershon are being made in connection with this appointment.

ATTACHMENTS:

Attachment A: Resolution No. 2025-06

-1-
RESOLUTION NO. 2025-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CALIMESA APPOINTING STEVEN FLOWER AS CITY

ATTORNEY FOR THE CITY OF CALIMESA
WHEREAS, Quinn Barrow has served as City Attorney since 2021, and has announced his intention to transition the position to Mr. Steven Flower, with the concurrence of the City Council; and
WHEREAS, Mr. Steven Flower is an experienced City Attorney, having practiced municipal law at the law firm of Richards, Watson & Gershon (the “Firm”) since 2006; and
WHEREAS, Prior to joining the Firm, Mr. Flower graduated with a Bachelor of Arts degree from Wesleyan University, a Master of Philosophy degree from the University of Cambridge, and a Juris Doctorate degree from the University of Southern California Gould School of Law; and
WHEREAS, the City and the Firm have a contract by which the Firm provides legal services as City Attorney to the City; and
WHEREAS, Mr. Flower is currently General Counsel to the Six Basins Watermaster and Tri-City Mental Health Authority and Assistant City Attorney and Planning Commission Counsel for the City of Brea, and previously served as the City Attorney of the cities of Upland, San Marino, and Seal Beach, and Assistant City Attorney and Planning Commission Counsel for the cities of Banning and Rancho Cucamonga; and
WHEREAS, Mr. Flower advises public agencies on day-to-day operations and complex regulatory and transactional issues. He has extensive experience advising boards and commissions at public meetings on matters of municipal governance and operation, including the Brown Act, parliamentary procedure, conflicts of interest rules, election law, the Public Records Act, public contracts, public works, land use, CEQA, free speech activities, and telecommunications; and
WHEREAS, Mr. Flower brings to Calimesa the long experience of working with a variety of cities and a wealth of knowledge and experience to the position; and WHEREAS, based upon Mr. Flower’s background, experience and expertise, he is qualified to serve as City Attorney for the City of Calimesa.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS:

Section 1. Steven Flower is hereby appointed as City Attorney for the City of Calimesa.

-2-
Section 2. Mr. Flower shall serve as City Attorney pursuant to the current Legal Services Agreement between the City and the law firm of Richards, Watson & Gershon, as such Agreement may be amended from time to time.

Section 3. The City Clerk shall certify to the passage and adoption of this Resolution.

PASSED, APPROVED and ADOPTED this 18th day of February 2025. _____________________________________

LINDA MOLINA, MAYOR
ATTEST:
__________________________________

DARLENE GERDES, CITY CLERK

City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: PROPOSED ORDINANCE TO UPDATE PARTICIPATION IN THE TUMF PROGRAM; RESOLUTION ADOPTING A TUMF SCHEDULE
MEETING DATE: February 18, 2025
PREPARED BY: Will Kolbow, City Manager
Michael Thornton, City Engineer
RECOMMENDATION: That the City Council:

1. Open the Public Hearing, take public testimony; and

2. Adopt First Reading by title only Ordinance No. 408, An Ordinance of the City Council of the City of Calimesa amending and superseding Ordinance No. 351 to amend chapter 18.105 of the Calimesa Municipal Code to update participation in the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) program and making a finding of exemption under CEQA; and

3. Adopt Resolution No. 2025-01, A Resolution of the City Council of the City of Calimesa amending the applicable Transportation Uniform Mitigation Fee (TUMF) applicable to all developments in the City of Calimesa.

BACKGROUND: The City is a Member Jurisdiction of the Western Riverside Council of Governments (“WRCOG”), a joint powers agency comprised of the County of Riverside and eighteen (18) cities located in Western Riverside County. Acting in concert, in 2002-2003 the WRCOG Member Jurisdictions developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials due to new development in Western Riverside County could be made up in part by a Transportation Uniform Mitigation Fee (“TUMF”) on future residential, commercial and industrial development. As a Member Jurisdiction of WRCOG and as a TUMF Participating Jurisdiction, the City participated in the preparation of a certain “Western Riverside County Transportation Uniform Fee Nexus Study,” (“2002 Nexus Study”) later adopted by the WRCOG Executive Committee. Based on the 2002 Nexus Study, the City adopted and implemented an ordinance authorizing the City’s participation in a TUMF Program.

Pursuant to the Mitigation Fee Act (Gov. Code §§ 66000 et seq.), WRCOG has prepared a new nexus study (“2024 Nexus Study”) to update the fees. On September 9, 2024 the WRCOG Executive Committee reviewed the 2024 Nexus Study and recommended TUMF Participating Jurisdictions update their fees by amending their applicable TUMF ordinances to reflect changes in the TUMF network and the cost of construction.

DISCUSSION: The proposed Ordinance provides the legal basis for a revised TUMF schedule. The actual TUMF schedule will be established through the Resolution.

In accordance with the Mitigation Fee Act, the proposed Ordinance and 2024 Nexus Study: (i) identify the purpose of the revised fees; (ii) identify the use to which the revised fees is to be put, including identification of any facilities to be financed; (iii) determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed; (iv) determine how there is a reasonable relationship between the need for the public facilities and the type of development project upon which the fees are imposed; and (v) determine how there is a reasonable relationship between the amount of the fees and the cost of the public facilities or portion or the public facility attributable to the development on which the fees are imposed.

The resolution will establish the Fee Schedule for TUMF as follows:

1. $12,380 per single family residential unit 1,800 square feet or less

2. $13,927 per single family residential unit between 1,801 and 2,300 square feet

3. $15,476 per single family residential unit between 2,301 and 2,700 square feet

4. $19,344 per single family residential unit greater than 2,700 square feet

5. $7,816 per multi-family residential unit

6. $2.33 per square foot of an industrial project

7. $7.72 per square foot of a retail commercial project

8. $4.89 per square foot of a service commercial project

9. $2.45 per square foot of a service Class A and B Office FISCAL IMPACT: None
ATTACHMENTS:

Attachment A: Ordinance No. 408
Attachment B: Resolution No. 2025-01

ORDINANCE NO. 408

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CALIMESA AMENDING AND SUPERSEDING ORDINANCE
NO. 351 TO AMEND CHAPTER 18.105 OF THE CALIMESA

MUNICIPAL CODE TO UPDATE PARTICIPATION IN THE

WESTERN RIVERSIDE COUNTY TRANSPORTATION

UNIFORM MITIGATION FEE (TUMF) PROGRAM AND

MAKING A FINDING OF EXEMPTION UNDER CEQA
The City Council of the City of Calimesa, California “(City”) ordains as follows:

Section 1. Findings.

A. The City is a member agency of the Western Riverside Council of Governments (“WRCOG”), a joint powers agency comprised of the County of Riverside and 18 cities located in Western Riverside County. Acting in concert, the WRCOG Member Agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials in Western Riverside County (the “Regional System”) could be made up in part by a Transportation Uniform Mitigation Fee (“TUMF”) on future residential, commercial and industrial development.

A map depicting the boundaries of Western Riverside County and the Regional System is attached here as Exhibit “A” and incorporated herein as though set forth in full. As a Member Agency of WRCOG and as a TUMF Participating Jurisdiction, the City participated in the preparation of a certain “Western Riverside County Transportation Uniform Fee Nexus Study,” dated October 18, 2002 (the “2002 Nexus Study”) prepared in compliance with the Mitigation Fee Act (Gov. Code §§ 66000 et seq.) and adopted by the WRCOG Executive Committee. Based on the 2002 Nexus Study, the City adopted and implemented an ordinance authorizing the City’s participation in a TUMF Program.

B. In 2016, the TUMF Nexus Study (“2016 Nexus Study”) was updated for the purpose of updating the fees. On July 10, 2017, the WRCOG Executive Committee reviewed the 2016 Nexus Study and TUMF Program and recommended TUMF Participating Jurisdictions amend their applicable TUMF ordinances to reflect changes in the TUMF network and the cost of construction in order to update the TUMF Program.

C. On August 21, 2017, the City adopted Ordinance No. 351 which adopted the 2016 Nexus Study and updated the TUMF.

D. In 2018, the TUMF Program was altered to adopt a process in which WRCOG calculates and collects TUMF on behalf of member agencies under the Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance of 2018.

E. The City adopted Ordinance No. 362 on February 4, 2019 allowing WRCOG to calculate and collect TUMF on behalf of the City.

F. WRCOG, with the assistance of TUMF Participating Jurisdictions, has prepared an updated nexus study entitled “Transportation Uniform Mitigation Fee Nexus Study: 2024 Update” (“2024 Nexus Study”) pursuant to California Government Code sections 66000 et seq. (the Mitigation Fee Act), for the purpose of updating the fees.

On September 9, 2024, the WRCOG Executive Committee reviewed the 2024 Nexus Study and TUMF Program and recommended TUMF Participating Jurisdictions amend their applicable TUMF ordinances to reflect changes in the TUMF network and the cost of construction in order to update the TUMF Program.

G. Consistent with its previous findings made in the adoption of Ordinance No. 351, the City Council has been informed and advised and hereby finds that if the capacity of the Regional System is not enlarged and unless development contributes to the cost of improving the Regional System, the result will be substantial traffic congestion in all parts of Western Riverside County, with unacceptable Levels of Service. Furthermore, the failure to mitigate growing traffic impacts on the Regional System will substantially impair the ability of public safety services (police and fire) to respond and, thus, adversely affect the public health, safety and welfare. Therefore, continuation of a TUMF Program is essential.

H. The City Council finds and determines that there is a reasonable and rational relationship between the use of the TUMF and the type of development projects on which the fees are imposed because the fees will be used to construct the transportation improvements that are necessary for the safety, health and welfare of the residential and non-residential users of the development in which the TUMF will be levied.

I. The City Council finds and determines that there is a reasonable and rational relationship between the need for the improvements to the Regional System and the type of development projects on which the TUMF is imposed because it will be necessary for the residential and non-residential users of such projects to have access to the Regional system. Such development will benefit from the Regional System improvements and the burden of such developments will be mitigated in part by payment of the TUMF.

J. The City Council finds and determines that the cost estimates set forth in the new 2024 Nexus Study are reasonable cost estimates for constructing the Regional System improvements and the facilities that compromise the Regional System, and that the amount of the TUMF expected to be generated by new development will not exceed the total fair share cost to such development.

K. The fees collected pursuant to this Ordinance shall be used to help pay for the design, planning, construction of and real acquisition for the Regional System improvements and its facilities as identified in the 2024 Nexus Study. The need for the improvements and facilities is related to new development because such development results in additional traffic and creates the demand for the improvements.

L. On February 18, 2025, the City Council held a duly noticed public hearing on the 2024 Nexus Study, this Ordinance amending Chapter 15.08, and the TUMF fees set forth in Resolution No. 2025-01. The public hearing was noticed by publication in a newspaper of general circulation at least ten (10) days prior to this hearing. The City made the following documents available to the public on the City’s website at least ten (10) days prior to the public hearing: 1) 2024 Nexus Study; 2) this Ordinance amending Chapter 18.105; 3) the Resolution approving the new TUMF fees; and 4) other data and information concerning the new TUMF.

M. On March 5, 2025, the City mailed a Notice of the Public Hearing to interested parties who had filed a written request with the City for mailed notice of the meeting on new or increased fees or service charges within the previous twelve (12) months.

N. At the time and place set for the hearing, the City Council duly considered data and information provided by the public relative to the cost of the improvements and facilities for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing.

O. The City Council finds and determines that the 2024 Nexus Study proposes a fair and equitable method for distributing a portion of the unfunded costs of improvements and facilities to the Regional system.

P. The City Council hereby adopts the 2024 Nexus Study and its findings.

The 2024 Nexus Study and its findings is attached and incorporated herein as Exhibit “B” as though set forth in full.

Section 2. Chapter 18.105 of Title 18 (“Zoning, Land Use and Development Regulations”) of the Calimesa Municipal Code is hereby amended in its entirety to read as follows:
“Chapter 18.105

WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM

MITIGATION FEE PROGRAM
Sections:

18.105.010 Title.

18.105.020 Definitions.

18.105.030 Establishment of the transportation uniform mitigation fee.

18.105.040 Reimbursements.

18.105.050 Procedures for the levy, collection and disposition of fees.

18.105.060 Appointment of the TUMF administrator.

18.105.070 Effect.

18.105.010. Title.

This Ordinance shall be known as the “Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance of 2025”.

18.105.020 Definitions.

For the purpose of this chapter, the following words, terms and phrases shall have the following meanings:

A. “Class ‘A’ Office” means an office building that is typically characterized by high quality design, use of high end building materials, state of the art technology for voice and data, on-site support services/maintenance, and often includes full service ancillary uses such as, but not limited to a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office

building classified as Class ‘A” Office shall be as follows: (i) minimum of three stories (exception will be made for March JPA, where height requirements exist); (ii) minimum of 10,000 square feet per floor; (iii) steel frame construction; (iv) central, interior lobby; and (v) access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/ exits for commercial uses within the building.

B. “Class ‘B’ Office” means an office building that is typically characterized by high quality design, use of high end building materials, state of the art technology for voice and data, on-site support services/maintenance, and often includes full service ancillary uses such as, but not limited to a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as Class ‘B” Office shall be as follows: (i) minimum of two stories; (ii) minimum of 15,000 square feet per floor; (iii) steel frame, concrete or masonry shell construction; (iv) central, interior lobby; and (v) access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/exits for commercial uses within the building.

C. “Development Project” or “Project” means any project undertaken for the purposes of development, including the issuance of a permit for construction.

D. “Disabled Veteran” means any veteran who is retired or is in process of medical retirement from military service who is or was severely injured in a theatre of combat operations and has or received a letter of eligibility for the Veterans Administration Specially Adapted Housing (SAH) Grant Program.

E. Government/public buildings, public schools, and public facilities means any owned and operated facilities by a government entity in accordance with CMC 18.105.030(F)(2). A new development that is subject to a long-term lease with a government agency for government/public buildings, public schools, and public facilities shall fall under this defintion only if all of the following conditions are met:
(a) The new development being constructed is subject to a long-term lease with a government agency.
(b) The project shall have a deed restriction placed on the property that limits the use to government/public facility for the term of the lease, including all extension options, for a period of not less than 20 years. Any change in the use of the facility from government shall trigger the payment of the TUMF in effect at the time of the change is made. (c) No less than ninety percent of the total square footage of the building is leased to the government agency during the term of the deed restriction the long term and any extensions thereof.
(d) The new development is constructed at prevailing wage rates. (e) A copy of the lease is provided to the applicable jurisdiction and to WRCOG.
(f) Based on the facts and circumstances WRCOG determines that the intent of the lease is to provide for a long-term government use, and not to evade payment of TUMF.

F. “Gross Acreage” means the total property area as shown on a land division of a map of record, or described through a recorded legal description of the property. This area shall be bounded by road rights of way and property lines.

G. “Guest Dwellings” and “Detached Second Units” according to the State of California legal definition as following: 1) Complies with the State of California Department of Housing and Community Development Accessory Dwelling Unit Handbook and 2) Are ministerially approved by each jurisdiction’s local codes.

H. “Habitable Structure” means any structure or part thereof where persons reside, congregate or work and which is legally occupied in whole or part in accordance with applicable building codes, and state and local laws.

I. “Industrial Project” means any development project that proposes any industrial or manufacturing use allowed in CMC Title 18 zoning classifications L-I (light industrial), B-P (business park) or S-P (specific plan) with one of the aforementioned zones used as the base zone.

J. “Long-Term Lease” as used in the TUMF Program, a “long-term lease” shall mean a lease with a term of no less than twenty years.

K. “Low Income Residential Housing” means ”Residential Affordable Units”: (A) for rental housing, the units shall be made available, rented and restricted to “lower income households” (as defined in Health and Safety Code Section 50079.5) at an “affordable rent” (as defined in Health and Safety Code Section 50053); and (B) for for-sale housing, the units shall be sold to “persons or families of low or moderate income” (as defined in Health and Safety Code Section 50093) at a purchase price that will not cause the purchaser’s monthly housing cost to exceed “affordable housing cost (as defined in Health and Safety Code Section 50052.5). Affordable units that are rental housing shall be made available, rented, and restricted to lower income households at an affordable rent for a period of at least fifty-five (55) years after the issuance of a certificate of occupancy for new residential development. Affordable units that are forsale housing units shall be restricted to ownership by persons and families of low or moderate income for at least forty-five (45) years after the issuance of a certificate of occupancy for the new residential development.

L. “Mixed-Use Development” as used in the TUMF Program, means Developments with the following criteria: (1) three or more significant revenue-producing uses, and (2) significant physical and functional integration of project components.

M. “Multi-Family Residential Unit” means a structure with two or more legal independent residential dwelling units intended for human habitation.

N. “Non-profit Organization” means an organization operated exclusively for exempt purposes set forth in section 501(c)(3) of the Internal Revenue Code, and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial portion of its activities and it may not participate in any campaign activity for or against political candidates. For the purposes of the TUMF Program, the non-profit may be a 501(c) (3) charitable organization as defined by the Internal Revenue Service.

O “Non-Residential Unit” means retail commercial, service commercial and industrial development which is designed primarily for non-dwelling use, but shall include hotels and motels.

P. “Recognized Financing District” means a Financing District as defined in the TUMF Administrative Plan as may be amended from time to time.

Q. “Residential Dwelling Unit” means a building or portion thereof used by one (1) family and containing but one (1) kitchen, which is designed primarily for residential occupancy including single-family and multi-family dwellings. “Residential Dwelling Unit” shall not include hotels or motels.

R. “Retail Commercial Project” means any development project that proposes any retail commercial activity use not defined as a service commercial project allowed in the following CMC Title 18 zoning classifications: C-N (neighborhood commercial), C-C (community commercial), C-R (regional commercial), O-P (office professional) or S-P (specific plan) with one of the aforementioned zones used as the base zone.

S. “Service Commercial Project” means any development project that is predominately dedicated to business activities associated with professional or administrative services, and typically consists of corporate offices, financial institutions, legal, and medical offices eating/dining facilities, and other uses related to personal or professional services.

T. “Single Family Residential Unit” means each residential dwelling unit development which is situated on one lot which shares no common wall, foundation, or other interconnection with another dwelling unit.

U. “TUMF Administrative Plan” means that the TUMF Administration Plan adopted by the WRCOG Executive Committee May 5, 2003, as amended, setting forth detailed administration procedures and requirements for the TUMF program.

V. “TUMF Participating Jurisdiction” means a jurisdiction in Western Riverside County which has adopted and implemented an ordinance authorizing participation in the TUMF Program and complies with all regulations established in the TUMF Administrative Plan, as adopted and amended from time to time by the WRCOG.

18.105.030. Establishment of the Transportation Uniform Mitigation Fee.

A. Adoption of TUMF Schedule. The City Council shall adopt an applicable TUMF schedule through a separate resolution, which may be amended from time to time.

B. Fee Calculation. The fees shall be calculated by WRCOG according to the calculation methodology fee set forth in the WRCOG TUMF Fee Calculation Handbook adopted July 14, 2003, as amended from time to time. In addition to data in the Fee Calculation Handbook, WRCOG Staff may consider the following items when establishing the appropriate fee calculation methodology:
• Underlying zoning of the site

• Land-use classifications in the latest Nexus Study
• Project specific traffic studies
• Latest Standardized reference manuals such as the Institute of Traffic Engineers Trip Generation Manual
• Previous TUMF calculations for similar uses
• WRCOG staff shall approve final draft credit / reimbursement agreement prior to execution
WRCOG shall have final determination regarding the appropriate methodology to calculate the fee based on the information provided by the local agency. In case of a conflict between the applicant, WRCOG, and/or the local agency regarding the fee calculation methodology, the dispute resolution process in the TUMF Administrative Plan will apply.

C. Fee Adjustment. The fee schedule may be periodically reviewed and the amounts adjusted by the WRCOG Executive Committee. By amendment to the Resolution referenced in subsection A, above, the fees may be increased or decreased to reflect the changes in actual and estimated costs of the Regional System including, but not limited to, debt service, lease payments and construction costs. The adjustment of the fees may also reflect changes in the facilities required to be constructed, in estimated revenues received pursuant to this chapter, as well as the availability or lack thereof of other funds with which to construct the Regional System. WRCOG shall review the TUMF Program no less than every four (4) years after 2025.

D. Purpose. The purpose of the TUMF is to fund those certain improvements to the Regional System as depicted in Exhibit “A” and identified in “Exhibit “B” of the 2024 Nexus Study.

E. Applicability. The TUMF shall apply to all new development within the City, unless otherwise exempt hereunder.

F. Exemptions. The following types of new development shall be exempt from the provisions of this chapter and in the TUMF Administrative Plan:

1. Low income residential housing as described in CMC Section

18.105.020(K) and in the TUMF Administrative Plan.

2. Government/public buildings, public schools, and public facilities as described in CMC Section 18.105.020(E) and in the TUMF Administrative Plan.

Airports that are public use airports and are appropriately permitted by Caltrans or other state agency also fall under this exemption.

3. Development projects which are the subject of a Public Facilities Development Agreement entered into pursuant to Government Code section 65864 et seq, prior to the effective date of Ordinance No. 204, wherein the imposition of new fees are expressly prohibited, provided that if the term of such a Development Agreement is extended by amendment or by any other manner after the effective date of Ordinance No. 204, the TUMF shall be imposed.

4. The rehabilitation and/or reconstruction of any habitable structure in use on or after January 1, 2000, provided that the same or fewer traffic trips are generated as a result thereof.

5. Guest Dwellings and Detached Second Units as described in CMC Section 18.105.020(G) and in the TUMF Administrative Plan.

6. Kennels and Catteries established in connection with an existing single family residential unit.

7. Any sanctuary, or other activity under the same roof of a church or other house of worship that is not revenue generating and is eligible for a property tax exemption (excluding concert venues, coffee/snack shops, book stores, for-profit pre-school day-cares, etc., which would be assessed TUMF.)

8. Any nonprofit corporation or nonprofit organization offering and conducting full-time day school at the elementary, middle school or high school level for students between the ages of five and eighteen years.

9. New single-family homes, constructed by non-profit organizations, specially adapted and designed for maximum freedom of movement and independent living for qualified Disabled Veterans as defined in CMC Section

18.105.020(D).

10. Other uses may be exempt as determined by the WRCOG Executive Committee as further defined in the TUMF Administrative Plan.

G. Credit. Regional System improvements may be credited toward the TUMF in accordance with the TUMF Administrative Plan and the following:

1. Regional Tier
a. Arterial Credits: If a developer constructs arterial improvements identified on the Regional System, the developer shall receive credit for all costs associated with the arterial component based on approved Nexus Study for the Regional System effective at the time the credit agreement is entered into. WRCOG staff must pre-approve any credit agreements that deviate from the standard WRCOG approved format.
b. Other Credits: In special circumstances, when a developer constructs off-site improvements such as an interchange, bridge, or railroad grade separation, credits shall be determined by WRCOG and the City in consultation with the developer. All such credits must have prior written approval from WRCOG. c. The amount of the development fee credit shall not exceed the maximum amount determined by the Nexus Study for the Regional System at the time the credit agreement is entered into or actual costs, whichever is less.

2. Local Tier
a. The local jurisdictions shall compare facilities in local fee programs against the Regional System and eliminate any overlap in its local fee program except where there is a Recognized Financing District has been established. b. If there is a Recognized Financing District established, the local agency may credit that portion of the facility identified in both programs against the TUMF in accordance with the TUMF Administrative Plan.

18.105.040 Reimbursements.

Should the developer construct Regional System improvements in excess of the TUMF fee obligation, the developer may be reimbursed based on actual costs or the

approved Nexus Study effective at the time the agreement was entered into, whichever is less. Reimbursements shall be enacted through an agreement between the developer and the City, contingent on funds being available and approved by WRCOG.

In all cases, however, reimbursements under such special agreements must coincide with construction of the transportation improvements as scheduled in the five-year Zone Transportation Improvement Program’s adopted annually by WRCOG.

18.105.050 Procedures for the Levy, Collection and Disposition of Fees.

A. Authority of the Building Department. The Director of Building & Safety, or his/her designee, is hereby authorized to provide WRCOG with development project specifics for the calculation of TUMF in a manner consistent with the TUMF Administrative Plan.

B. Payment and Collection. Payment of the fees shall be as follows:

1. All fees collected hereunder shall be collected by WRCOG for deposit, investment, accounting and expenditure in accordance with the provisions of this Ordinance, TUMF Administrative Plan, and the Mitigation Fee Act.

2. The fees shall be paid at the time a certificate of occupancy is issued for the Development Project or upon final inspection, whichever comes first (the “Payment Date”). However, this section should not be construed to prevent payment of the fees prior to issuance of an occupancy permit or final inspection. Fees may be paid at the issuance of a building permit, and the fee payment shall be calculated based on the fee in effect at that time, provided the developer tenders the full amount of his or her TUMF obligation. If the developer makes only a partial payment prior to the Payment Date, the amount of the fee due shall be based on the TUMF fee schedule in place on the Payment Date.

The fees shall be calculated according to fee schedule set forth in the this chapter, or resolution adopted pursuant thereto, and the calculation methodology set forth in the Fee Calculation Handbook adopted July 14, 2003, as amended from time to time.

3. The fees required to be paid shall be the fee amounts in effect at the time of payment is due under this chapter, not the date the Ordinance adopting this chapter, or any amendment thereto, is initially adopted. The City shall not enter into a development agreement which freezes future adjustments of the TUMF.

4. If all or part of any development project is sold prior to payment of the fee, the property shall continue to be subject to the requirement for payment of the fee. The obligation to pay the fee shall run with the land and be binding on all the successors in interest to the property.

5. Fees shall not be waived.

C. Issuance of Certificate of Occupancy. The City shall not issue a certificate of occupancy for any Development Project until WRCOG has provided written evidence that it has collected the fee.

D. Appeals. Appeals shall be filed with WRCOG in accordance with the provisions of the TUMF Administrative Plan. Appealable issues shall be the application of the fee, application of credits, application of reimbursement, application of the legal action stay and application of exemption.

E. Reports to WRCOG. The Director of Building and Safety, or his/her designee, shall prepare and deliver to the Executive Director of WRCOG, periodic reports as will be established under Section 18.105.070 of this chapter.

18.105.060 Appointment of the TUMF Administrator.

WRCOG is hereby appointed as the Administrator of the Transportation Uniform Mitigation Fee Program. WRCOG is hereby authorized to collect all fees generated from the TUMF within the City, and to invest, account for and expend such fees in accordance with the provisions of this chapter and the Mitigation Fee Act. The detailed administrative procedures concerning the implementation of this chapter shall be contained in the TUMF Administrative Plan . Furthermore, the TUMF Administrator shall use the Fee Calculation Handbook adopted July 14, 2003, as amended from time to time, for the purpose of calculating a developer’s TUMF obligation. In addition to detailing the methodology for calculating all TUMF obligations of different categories of new development, the purpose of the Fee Calculation Handbook is to clarify for the TUMF Administrator, where necessary, the definition and calculation methodology for uses not clearly defined in the respective TUMF ordinances.

WRCOG shall expend only that amount of the funds generated from the TUMF for staff support, audit, administrative expenses, and contract services that are necessary and reasonable to carry out its responsibilities and in no case shall the funds expended for salaries and benefits exceed two percent (2%) of the revenue raised by the TUMF Program. The TUMF Administrative Plan further outlines the fiscal responsibilities and limitations of the Administrator.

18.105.070 Effect.

No provisions of this chapter shall entitle any person who has already paid the TUMF to receive a refund, credit or reimbursement of such payment. This chapter does not create any new TUMF.”
Section 3. CEQA.

The amendments to the Transportation Uniform Mitigation Fee Program as described in this Ordinance is not a “project” within the meaning of Section 15378(b)(4) of the CEQA Guidelines and is therefore exempt from the requirements of CEQA.

Section 15378(b)(4) of the CEQA Guidelines states that a project does not include the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. The Ordinance does not approve the construction nor cause the construction of any specific transportation improvements within Riverside County. This Ordinance will have no effect on the environment.

Pursuant to CEQA Guidelines Section 15061(d) and 15062, a Notice of Exemption will be prepared, executed and filed for the foregoing determination in the manner required by law, that this is not a project under the California Environmental Quality Act and therefore, no environmental impact assessment is necessary.

Section 4. Severability.

If any one or more of the terms, provisions or sections of this Ordinance shall to any extent be judged invalid, unenforceable and/or voidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable.

Section 5. Judicial Review.

In accordance with State law, any judicial action or proceeding to attack, review, set aside, void or annul this Ordinance shall be commenced within ninety (90) days of the date of adoption of this Ordinance.

Section 6. Ordinance No.

This Ordinance supersedes the provisions of Ordinance No. 351 provided this Ordinance is not declared invalid or unenforceable by a court of competent jurisdiction.

If, for whatever reason, this Ordinance is declared invalid or unenforceable by a court of competent jurisdiction, Ordinance No. 351 all other related ordinances and polices shall remain in full force and effect.

Section 7. Effective Date. This Ordinance shall take effect on April 1, 2025.

INTRODUCED AND PASSED UPON FIRST READING by title only, this 18th day of February, upon the following vote
AYES:

NOES:

ABSENT:

ABSTAIN:

PASSED, APPROVED AND ADOPTED this 3
rd day of March upon the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

LINDA MOLINA, MAYOR
ATTEST:

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:

STEVEN FLOWER, CITY ATTORNEY

EXHIBIT “A”
EXHIBIT “A”

MAP OF REGIONAL SYSTEM

EXHIBIT “B”

NEXUS STUDY

TRANSPORTATION UNIFORM MITIGATION FEE

NEXUS STUDY
2024 UPDATE

FINAL REPORT
Prepared for the Western Riverside Council of Governments In Cooperation with
The City of Banning
The City of Beaumont
The City of Calimesa
The City of Canyon Lake
The City of Corona
The City of Eastvale
The City of Hemet
The City of Jurupa Valley
The City of Lake Elsinore
The City of Menifee
The City of Moreno Valley
The City of Murrieta
The City of Norco
The City of Perris
The City of Riverside
The City of San Jacinto
The City of Temecula
The City of Wildomar
The County of Riverside
Eastern Municipal Water District
March Joint Powers Authority
Riverside County Superintendent of Schools
Riverside Transit Agency
Western Water
Prepared by GHD
As adopted by the WRCOG Executive Committee, September 9, 2024

WRCOG Adopted by WRCOG Executive Committee
TUMF Nexus Study – 2024 Program Update September 9, 2024 i

TABLE OF CONTENTS
TABLE OF CONTENTS ...................................................................................................................i LIST OF TABLES ............................................................................................................................. ii ES.0 Executive Summary ........................................................................................................iii ES.1 Introduction and Purpose of the Nexus Study ........................................................iii ES.2 Future Growth ............................................................................................................ vi ES.3 Need for the TUMF ..................................................................................................... vi ES.4 The TUMF Network ....................................................................................................viii ES.5 TUMF Nexus Analysis ...................................................................................................x ES.6 Fair-Share Fee Calculation ........................................................................................x ES.7 Conclusions ................................................................................................................ xi

1.0 INTRODUCTION AND PURPOSE OF THE NEXUS STUDY ................................................ 1

1.1 Background .............................................................................................................. 1

1.2 TUMF Nexus Study History ......................................................................................... 3

1.3 TUMF Nexus Study Process ....................................................................................... 5

2.3.1. Establish the TUMF Network Project List ............................................................... 7

2.3.2. Determine the TUMF Network Project Costs ....................................................... 8

2.3.3. Determine the TUMF Transit Component ............................................................ 9

2.3.4. Computing the Fee for Residential Developments ..........................................10

2.3.5. Computing the Fee for Non-Residential Developments ..................................10

2.0 FUTURE GROWTH .........................................................................................................13

2.1 Recent Historical Trend ...........................................................................................13

2.2 Available Demographic Data ...............................................................................13

2.3 Demographic Assumptions Used for the Nexus Study Analysis ...........................14

3.0 NEED FOR THE TUMF ....................................................................................................21

3.1 Future Highway Congestion Levels ........................................................................21

3.2 Future Transit Utilization Levels ................................................................................24

3.3 The TUMF Concept ..................................................................................................25

4.0 THE TUMF NETWORK .....................................................................................................27

4.1 Identification of the TUMF Roadway Network ......................................................27

4.2 Backbone Network and Secondary Network .......................................................30

4.3 Future Roadway Transportation Needs .................................................................33

4.4 Public Transportation Component of the TUMF System .......................................37

4.5 Existing Obligated Funding .....................................................................................40

4.6 Unfunded Existing Improvement Needs ................................................................40

4.7 Maximum TUMF Eligible Cost ..................................................................................42

4.8 TUMF Network Evaluation .......................................................................................53

5.0 TUMF NEXUS ANALYSIS .................................................................................................55

5.1 Future Development and the Need for Improvements .......................................55

5.2 Application of Fee to System Components ..........................................................56

5.3 Application of Fee to Residential and Non-Residential Developments .............59

6.0 FAIR-SHARE FEE CALCULATION ...................................................................................60

6.1 Residential Fees .......................................................................................................60

6.2 Non-Residential Fees ...............................................................................................62

7.0 CONCLUSIONS .............................................................................................................64

8.0 APPENDICES .................................................................................................................65

WRCOG Adopted by WRCOG Executive Committee
TUMF Nexus Study – 2024 Program Update September 9, 2024 ii

LIST OF TABLES
Table ES.1 - Transportation Uniform Mitigation Fee for Western Riverside County ............ xii Table 2.1 - Base Year Socioeconomic Estimates for Western Riverside County ................14 Table 2.3 - Population, Households and Employment in Western Riverside County (2018 to 2045) .............................................................................................................................17 Table 2.4 - Population, Households and Employment in Western Riverside County (Existing to Future Change Comparison) .......................................................................19 Table 3.1 - Regional Highway System Measures of Performance (2018 Existing to 2045 No-Build) ...........................................................................................................................22 Table 4.1 - Unit Costs for Arterial Highway and Street Construction ...................................35 Table 4.2 – Forecasted Daily Traffic in Western Riverside County .......................................36 Table 4.3 - Unit Costs for Transit Capital Expenditures ..........................................................39 Table 4.4 - TUMF Network Cost Estimates ..............................................................................45 Table 4.5 – TUMF Transit Cost Estimates .................................................................................53 Table 4.6 – Regional Highway System Measures of Performance (2018 Existing and 2045 No-Build Scenarios to 2045 TUMF Build Scenario) ..........................................................54 Table 5.1 - 2045 No-Build Peak Period Vehicle Trips by WRCOG Zone ...............................57 Table 5.2 – 2045 No-Build Percent Peak Period Vehicle Trips By WRCOG Zone ................57 Table 5.3 - Backbone-Secondary Network Share Calculation ...........................................58 Table 5.4 - Daily VMT Growth by Trip Purpose for Western Riverside County (2018 - 2045) ..........................................................................................................................................59 Table 6.1 - Fee Calculation for Residential Share .................................................................61 Table 6.2 – Single-Family Residential Fee Adjustments by Unit Size ....................................62 Table 6.3 - Fee Calculation for Non-Residential Share ........................................................63 Table 7.1 - Transportation Uniform Mitigation Fee for Western Riverside County ..............64

LIST OF FIGURES
Figure ES.1 - Flowchart of Key Steps in the TUMF Nexus Study Process ................................. v Figure ES.2 - Population, Households and Employment in Western Riverside County (2018 to 2045) ......................................................................................................................vii Figure ES.3 - Regional System of Highways and Arterials–TUMF Network Improvements ...ix Figure 1.1 - Flowchart of Key Steps in the TUMF Nexus Study Process ................................. 6 Figure 2.1 – Base Year Socioeconomic Estimates for Western Riverside County ..............15 Table 2.2 - Horizon Year Socioeconomic Estimates for Western Riverside County ............16 Figure 2.2 - Horizon Year Socioeconomic Estimates for Western Riverside County ...........16 Figure 2.3 - Population, Households and Employment in Western Riverside County (2018 to 2045) .............................................................................................................................18 Figure 2.4 - Population, Households and Employment in Western Riverside County (Existing to Future Change Comparison) .......................................................................20 Figure 4.1 - Regional System of Highways and Arterials for Western Riverside County .....29 Figure 4.2 - The Backbone Network of Highways and Arterials for Western Riverside County ..............................................................................................................................31 Figure 4.3 - Western Riverside County Area Planning Districts (TUMF Zones) .....................32 Figure 4.4 - Regional System of Highways and Arterials–TUMF Network Improvements ...44

WRCOG Adopted by WRCOG Executive Committee
TUMF Nexus Study – 2024 Program Update September 9, 2024 iii
ES.0 EXECUTIVE SUMMARY
ES.1 Introduction and Purpose of the Nexus Study
Western Riverside County includes 18 incorporated cities and the unincorporated county covering an area of approximately 2,100 square miles. Through the mid 2000’s, this portion of Riverside County was growing at a pace exceeding the capacity of existing financial resources to meet increasing demand for transportation infrastructure.

Although the economic recession of the late 2000’s, and the associated crises in the mortgage and housing industries, slowed this rate of growth, the regional economy has recovered and the projected rate of development in Western Riverside County remains high. Similarly, the impact of the COVID-19 pandemic on travel demand in the region has also passed, with travel demands, especially for the highway network, surpassing pre-pandemic levels. Continued high growth in households and jobs in Western Riverside County could significantly increase congestion and degrade mobility if substantial investments are not made in transportation infrastructure. This challenge is especially critical for arterial roadways of regional significance, since traditional sources of transportation funding (such as the gasoline tax and local general funds) will not be nearly sufficient to fund the needed improvements.

In February 1999, the cities of Temecula, Murrieta and Lake Elsinore, the Western Riverside Council of Governments (WRCOG), the Riverside County Transportation Commission (RCTC) and the Building Industry Association (BIA) met to discuss the concept of a Transportation Uniform Mitigation Fee (TUMF) for southwest Riverside County. In August 2000, the concept was expanded to include the entire WRCOG subregion.

Continued high growth in households and jobs in Western Riverside County could significantly increase congestion and degrade mobility if substantial investments are not made in transportation infrastructure. This challenge is especially critical for arterial roadways of regional significance, since traditional sources of transportation funding (such as the gasoline tax and local general funds) will not be nearly sufficient to fund the needed improvements. While the TUMF cannot fund all necessary transportation system improvements, it is intended to address a current transportation funding shortfall by establishing a new revenue source that ensures future new development will contribute toward addressing its indirect cumulative traffic impacts on regional transportation infrastructure. Funding accumulated through the TUMF Program will be used to construct transportation improvements such as new arterial highway lanes, reconfigured freeway interchanges, railroad grade separations and new regional express bus services that will be needed to accommodate future travel demand in Western Riverside County. By levying a fee on new developments in the region, local agencies will be establishing a mechanism by which developers and in turn new county residents and employees will effectively contribute their “fair share” toward sustaining the regional transportation system.

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This TUMF Draft Nexus Study is intended to satisfy the requirements of California Government Code Chapter 5 Section 66000-66008 Fees for Development Projects (also known as California Assembly Bill 1600 (AB 1600) or the Mitigation Fee Act) which governs imposing development impact fees in California. The initial WRCOG TUMF Nexus Study was completed in October 2002 and adopted by the WRCOG Executive Committee in November 2002. The results of the first review of the Program were documented in the TUMF Nexus Study 2005 Update adopted by the WRCOG Executive Committee on February 6, 2006. A second comprehensive review of the TUMF Program was adopted by the WRCOG Executive Committee on October 5, 2009. A third comprehensive review of the TUMF Program was conducted following the adoption of the Southern California Association of Governments (SCAG) 2016-2040 Regional Transportation Plan/ Sustainable Communities Strategy (2016 RTP/SCS) on April 7, 2016.

The WRCOG TUMF Nexus Study 2016 Update Report was adopted by the WRCOG Executive Committee on July 10, 2017.

On September 3, 2020, SCAG adopted Connect SoCal; The 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy of the Southern California Association of Governments (2020 RTP/SCS). The adoption of the 2020 RTP/SCS confirmed new growth forecasts for the region that provide a foundational element for updating the TUMF program and the associated nexus determination prompting WRCOG to initiate the current program update. These forecasts are also integrated into the Riverside County Transportation Analysis Model (RivCoM) used to forecast the cumulative regional traffic impacts of new development on the arterial highway network in Western Riverside County.

The overall process for establishing the TUMF nexus is illustrated in Figure ES.1. Each technical step is denoted with a number on the flow chart with the numbers correlating to the detailed description of each step provided in Section 1.3 of the Nexus Study Report. The flow chart also incorporates color coding of the steps to indicate those steps that involved the application of RivCoM, steps that utilized other input data, steps that are computations of various inputs, and steps that required specific actions of the various WRCOG committees to confirm major variables. Where appropriate, the flow chart also includes specific cross references to the sections or tables included in the Nexus Study document that correlate to the particular step.

This version of the WRCOG TUMF Nexus Study Report documents the results of the fourth comprehensive review of the TUMF Program. This version of the document also incorporates revisions in response to comments received during the formal review of the earlier Draft TUMF Nexus Study 2024 Update. The findings of this report were ultimately adopted by the WRCOG Executive Committee on September 9, 2024.

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Figure ES.1 - Flowchart of Key Steps in the TUMF Nexus Study Process

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ES.2 Future Growth
In preparation for the 2020 RTP/SCS, SCAG undertook robust stakeholder engagement, including participation by WRCOG, Riverside County and the various cities in Western Riverside County, to develop regional demographic forecasts. Using input from regional stakeholders regarding anticipated patterns and rates of development, SCAG compiled and disseminated the forecasts that were ultimately adopted in 2020. The SCAG forecasts adopted for the 2020 RTP/SCS were subsequently used as the basis for RivCoM and are used as the basis for this TUMF Nexus Study Update.

A major distinction between data used for the TUMF Nexus Study 2016 Update and the SCAG 2020 RTP/SCS data used for this 2024 Update is the change in the base year from 2012 to 2018, as well as the change in the horizon year from 2040 to 2045. This shift in the base year and horizon year demographic assumptions of the program carries through all aspects of the nexus analysis, including the travel demand forecasting, network review and fee calculation.

The population of Western Riverside County is projected to increase by 33% in the period between 2018 and 2045. During the same period, employment in Western Riverside County is anticipated to grow by 48%. Figure ES.2 illustrates the forecast growth in population, household and employment for Western Riverside County.

ES.3 Need for the TUMF
The WRCOG TUMF study area was extracted from the greater RivCoM model network for the purpose of calculating measures for Western Riverside County only. Peak period performance measures for the TUMF study area included total vehicle miles of travel (VMT), total vehicle hours of travel (VHT), total combined vehicle hours of delay (VHD), and total VMT experiencing unacceptable level of service (LOS E).

As a result of the new development and associated growth in population and employment in Western Riverside County, additional pressure will be placed on the transportation infrastructure, particularly the arterial roadways, with the peak period VMT on the TUMF Network estimated to increase by 38% between 2018 and 2045. By 2045, 37% of the total VMT on the TUMF Network is forecast to be traveling on facilities experiencing peak period LOS E or worse. Without improvements to the arterial highway system, the total vehicle hours of delay (VHD) experienced by area motorists on the TUMF Network will increase over 5.0% per year. The need to improve these roadways and relieve future congestion is therefore directly linked to the future development which generates the travel demand.

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Figure ES.2 - Population, Households and Employment in Western Riverside County (2018 to 2045)
As population and employment in Western Riverside County grows because of new development, demand for regional transit services in the region is also expected to grow. Weekday system ridership for RTA bus transit services is approximately 16,575 riders per day in Western Riverside County in 2023. By 2045, bus transit services are forecast to serve approximately 57,282 riders per weekday. This represents an average increase of 1,850 weekday riders each year. Based on this rate of ridership growth, weekday ridership is estimated to increase by 40,707 riders per weekday between 2018 and 2045.

The idea behind a uniform mitigation fee is to have new development throughout the region contribute equally to paying the cost of improving the transportation facilities that serve these longer-distance trips between communities. Thus, the fee should be used to improve transportation facilities that serve trips between communities within the region (primarily arterial roadways) as well as the infrastructure for public transportation.

The fee should be assessed proportionately on new residential and non-residential development based on the relative impact of each use on the transportation system.

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ES.4 The TUMF Network
The Regional System of Highways and Arterials (also referred to as the TUMF Network) is the system of roadways that serve inter-community trips within Western Riverside County and therefore are eligible for improvement funding with TUMF funds. Transportation facilities in Western Riverside County that generally satisfied these guidelines were initially identified, and a skeletal regional transportation framework evolved from facilities where several guidelines were observed. Representatives of all WRCOG constituent jurisdictions reviewed this framework in the context of current local transportation plans to define the TUMF Network, which was subsequently endorsed by the WRCOG Public Works Committee, WRCOG Technical Advisory Committee, TUMF Policy Committee and the WRCOG Executive Committee.

The TUMF Network was reviewed as part of the 2024 Nexus Update to ensure facilities generally still met the previously described performance guidelines, and/or that the scope and magnitude of specific improvements to the TUMF Network were roughly proportional to the impacts needing to be mitigated. This review process resulted in the removal of various facilities from the TUMF Network, as well as various changes in the scope and magnitude of specific improvements to the TUMF Network.

Figure ES.3 illustrates the TUMF improvements to the Regional System of Highways and Arterials.

The total cost of improving the TUMF system is $5.28 billion. Accounting for obligated funds and unfunded existing needs, the estimated maximum eligible value of the TUMF Program is $4.24 billion. The maximum eligible value of the TUMF Program includes approximately $3.87 billion in eligible arterial highway and street related improvements and $154.8 million in eligible transit related improvements. An additional $53.9 million is also eligible as part of the TUMF Program to mitigate the impact of eligible TUMF related arterial highway and street projects on critical native species and wildlife habitat, while $161.2 million is provided to cover the costs incurred by WRCOG to administer the TUMF Program.

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ES.5 TUMF Nexus Analysis
There is a reasonable relationship between the future growth and the need for improvements to the TUMF system. These factors include:
 Western Riverside County is expected to continue growing as a result of future new development.
 Continuing new growth will result in increasing congestion on arterial roadways.  The future arterial roadway congestion is directly attributable to the cumulative regional transportation impacts of future development in Western Riverside County.  Capacity improvements to the transportation system will be needed to mitigate the cumulative regional impacts of new development.
 Roads on the TUMF network are the facilities that merit improvement through this fee program.
 Improvements to the public transportation system will be needed to provide adequate mobility for transit-dependent travelers and to provide an alternative to automobile travel.

The split of fee revenues between the backbone and secondary highway networks is related to the proportion of highway vehicle travel that is relatively local (between adjacent communities) and longer distance (between more distant communities but still within Western Riverside County). To estimate a rational fee split between the respective networks, the future travel forecast estimates were aggregated to a matrix of peak period trips between zones. The overall result is that 51.1% of the regional travel is attributable to the backbone network and 48.9% is assigned to the secondary network.

In order to establish the approximate proportionality of the future traffic impacts associated with new residential development and new non-residential development, peak period growth in VMT between 2018 and 2045 was derived from RivCoM and aggregated by trip purpose. It was concluded that home-based person trips represent

77.7% of the total future person trips, and the non-home-based person trips represent

22.3% of the total future person trips.

ES.6 Fair-Share Fee Calculation
The balance of the unfunded TUMF system improvement needs is $4.24 billion which is the maximum value attributable to the mitigation of the cumulative regional transportation impacts of future new development in the WRCOG region and will be captured through the TUMF Program. By levying the uniform fee directly on future new developments (and indirectly on new residents and new employees to Western Riverside County), these transportation system users are assigned their “fair share” of the

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costs to address the cumulative impacts of additional traffic they will generate on the regional transportation system.

Of the $4.24 billion in unfunded future improvement needs, 77.7% ($3.30 billion) will be assigned to future new residential development and 22.3% ($946.5 million) will be assigned to future new non-residential development.

ES.7 Conclusions
Based on the results of the Nexus Study evaluation, it can be demonstrated that there is reasonable relationship between the cumulative regional transportation impacts of new land development projects in Western Riverside County and the need to mitigate these transportation impacts using funds levied through the proposed TUMF Program.

Factors that reflect this reasonable relationship include:
 Western Riverside County is expected to continue growing as a result of future new development.
 Continuing new growth will result in increasing congestion on arterial roadways;  The future arterial roadway congestion is directly attributable to the cumulative regional transportation impacts of future development in Western Riverside County;  Capacity improvements to the transportation system will be needed to mitigate the cumulative impacts of new development;
 Roads on the TUMF network are the facilities that merit improvement through this fee program;
 Improvements to the public transportation system will be needed to provide adequate mobility for transit-dependent travelers and to provide an alternative to automotive travel.

The Nexus Study evaluation has established a proportional “fair share” of the improvement cost attributable to new development based on the impacts of existing development and the availability of obligated funding through traditional sources. The fair share fee allocable to future new residential and non-residential development in Western Riverside County is summarized for differing use types in Table ES.1.

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Table ES.1 - Transportation Uniform Mitigation Fee for Western Riverside County Land Use Type Units Development
Change
Fee Per Unit Total Revenue
($ million)
Single-Family Residential DU 167,491 $15,476 $2,592.0
Multi-Family Residential DU 90,335 $7,816 $706.1
Industrial SF GFA 61,489,565 $2.33 $143.1
Retail SF GFA 6,557,500 $11.21 $73.5
Service SF GFA 66,735,957 $9.76 $651.1
Government/Public SF GFA 3,420,665 $23.07 $78.9
MAXIMUM TUMF VALUE $2,961.0

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TUMF Nexus Study – 2024 Program Update September 9, 2024 1 1.0 INTRODUCTION AND PURPOSE OF THE NEXUS STUDY

1.1 Background
Western Riverside County includes 18 incorporated cities and the unincorporated county covering an area of approximately 2,100 square miles. Through the mid 2000’s, this portion of Riverside County was growing at a pace exceeding the capacity of existing financial resources to meet increasing demand for transportation infrastructure.

Although the economic recession of the late 2000’s, and the associated crises in the mortgage and housing industries, slowed this rate of growth, the regional economy has recovered and the projected rate of development in Western Riverside County remains high. Similarly, the impact of the COVID-19 pandemic on travel demand in the region has also passed, with travel demands, especially for the highway network, surpassing pre-pandemic levels.

Continued high growth in households and jobs in Western Riverside County could significantly increase congestion and degrade mobility if substantial investments are not made in transportation infrastructure. This challenge is especially critical for arterial roadways of regional significance, since traditional sources of transportation funding (such as the gasoline tax and local general funds) will not be nearly sufficient to fund the needed improvements. Development exactions only provide improvements near the development site, and the broad-based county-level funding sources (i.e., Riverside County’s half-cent sales tax known as Measure A) designate only a small portion of their revenues for arterial roadway improvements.

In anticipation of the continued future growth projected in Riverside County, several county-wide planning processes were initiated in 1999. These planning processes include the Riverside County General Plan Update, the Community Environmental Transportation Acceptability Process (CETAP) and the Multi-Species Habitat Conservation Plan (MSHCP). Related to these planning processes is the need to fund the mitigation of the cumulative regional transportation impacts of future new development.

Regional arterial highways in Western Riverside County are forecast to carry significant traffic volumes by 2045. While some localized fee programs exist to mitigate the local impacts of new development on the transportation system in specific areas, and while these programs are effective locally, they are insufficient in their ability to meet the regional demand for transportation infrastructure. Former Riverside County Supervisor Buster recognized the need to establish a comprehensive funding source to mitigate the cumulative regional transportation impacts of new development on regional arterial highways. The need to establish a comprehensive funding source for arterial highway improvements has evolved into the development of the Transportation Uniform Mitigation Fee (TUMF) for Western Riverside County.

In February 1999, the cities of Temecula, Murrieta and Lake Elsinore, the Western Riverside Council of Governments (WRCOG), the Riverside County Transportation Commission (RCTC) and the Building Industry Association (BIA) met to discuss the

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TUMF Nexus Study – 2024 Program Update September 9, 2024 2 concept of a TUMF. The intent of this effort was to have the southwest area of Western Riverside County act as a demonstration for the development of policies and a process for a regional TUMF Program before applying the concept countywide. From February 1999 to September 2000, the Southwest Area Transportation Infrastructure System Funding Year 2020 (SATISFY 2020) Program progressed with policy development, the identification of transportation improvements, traffic modeling, cost estimates, fee scenarios and a draft Implementation Agreement.

In May 2000, Riverside County Supervisor Tavaglione initiated discussions in the northwest area of Western Riverside County to determine the level of interest in developing a TUMF for that area of the county. Interest in the development of a northwest area fee program was high. In August 2000, the WRCOG Executive Committee took action to build upon the work completed in the southwest area for the SATISFY 2020 program and to develop a single consolidated mitigation fee program for all of Western Riverside County. This action was predicated on the desire to establish a single uniform mitigation fee program to mitigate the cumulative regional impacts of new development on the regional arterial highway system, rather than multiple discrete and disparate fee programs with varying policies, fees and improvement projects. A TUMF Policy Committee comprising regional elected officials was formed to recommend and set policies for staff to develop the TUMF Program and provide overall guidance to all other staff committees.

While the TUMF cannot fund all necessary transportation system improvements, it is intended to address a current transportation funding shortfall by establishing a new revenue source that ensures future new development will contribute toward addressing its indirect cumulative traffic impacts on regional transportation infrastructure. Funding accumulated through the TUMF Program will be used to construct transportation improvements such as new arterial highway lanes, reconfigured freeway interchanges, railroad grade separations and new regional express bus services that will be needed to accommodate future travel demand in Western Riverside County. By levying a fee on new developments in the region, local agencies will be establishing a mechanism by which developers and in turn new county residents and employees will effectively contribute their “fair share” toward sustaining the regional transportation system.

This TUMF Nexus Study is intended to satisfy the requirements of California Government Code Chapter 5 Section 66000-66008 Fees for Development Projects (also known as California Assembly Bill 1600 (AB 1600) or the Mitigation Fee Act), which governs imposing development impact fees in California. The Mitigation Fee Act requires that all local agencies in California, including cities, counties, and special districts follow two basic rules when instituting impact fees. These rules are as follows:
1) Establish a nexus or reasonable relationship between the development impact fee’s use and the type of project for which the fee is required. 2) The fee must not exceed the project’s proportional “fair share” of the proposed improvement and cannot be used to correct current problems or to make improvements for existing development.

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TUMF Nexus Study – 2024 Program Update September 9, 2024 3 1.2 TUMF Nexus Study History
The TUMF Program is implemented through the auspices of WRCOG. As the council of governments for Western Riverside County, WRCOG provides a forum for representatives from 18 cities, the Riverside County Board of Supervisors, the Eastern Municipal Water District, Western Water, the Riverside County Superintendent of Schools, the March Joint Powers Authority and the Riverside Transit Agency to collaborate on issues that affect the entire subregion, such as air quality, solid waste, transportation and the environment. WRCOG strives to "respect local control, provide regional perspective, and make a difference" to elevate the quality of life throughout the subregion. A current list of the standing WRCOG committees and committee membership that oversee the TUMF program is included in Appendix A.

The initial WRCOG TUMF Nexus Study was completed in October 2002 and adopted by the WRCOG Executive Committee in November 2002. Its purpose was to establish the nexus or reasonable relationship between new land development projects in Western Riverside County and the proposed development impact fee that would be used to improve regional transportation facilities. It also identified the proportional “fair share” of the improvement cost attributable to new development.

Consistent with the provisions of the Mitigation Fee Act, the WRCOG Executive Committee has established that the TUMF Nexus Study will be subject of a comprehensive review of the underlying program assumptions at least every five years to confirm the Nexus. Acknowledging the unprecedented and unique nature of the TUMF Program, the Executive Committee determined that the first comprehensive review of the Program should be initiated within two years of initial adoption of the Program primarily to validate the findings and recommendations of the study and to correct any program oversights. The results of the first review of the Program were documented in the TUMF Nexus Study 2005 Update adopted by the WRCOG Executive Committee on February 6, 2006. A second comprehensive review of the TUMF Program was conducted in 2008 and 2009 in part to address the impacts of the economic recession on the rate of development within the region and on transportation project costs. The findings of the 2009 review of the program were adopted by the WRCOG Executive Committee on October 5, 2009.

A third comprehensive review of the TUMF Program was conducted in 2014 and 2015 leading to a Draft Nexus Study document being distributed for review in August 2015.

The WRCOG Executive Committee subsequently considered comments related to the Draft Nexus Study 2015 Update at the meeting held on September 14, 2015, where it was resolved to “delay finalizing the Nexus Study for the TUMF Program Update until the 2016 Southern California Association of Governments’ 2016 Regional Transportation Plan / Sustainable Communities Strategy growth forecast is available for inclusion in the Nexus Study”. The Southern California Association of Governments (SCAG) adopted the 2016-2040 Regional Transportation Plan/ Sustainable Communities Strategy (2016 RTP/SCS) on April 7, 2016, enabling WRCOG staff to proceed with finalizing the update of the TUMF Nexus Study. The WRCOG TUMF Nexus Study 2016 Update Report was ultimately adopted by the WRCOG Executive Committee on July 10, 2017.