Regular Meeting of the Calimesa City Council
Monday, September 15, 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, PLANING DIRECTOR LUCIA, PUBLIC
WORKS DIRECTOR SHAKIR, CITY ENGINEER THORNTON, FIRE DEPUTY CHIEF SHAW AND SHERIFF CAPTAIN NORTHRUP.
PLEDGE OF ALLEGIANCE
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.
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, consent calendar and waive full reading of ordinances.
Motion________________________ Second_______________________ Vote___________________________ Regular Meeting of the Calimesa City Council
Meeting Agenda
Monday, September 15, 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
Monday, September 15, 2025
CONSENT CALENDAR (Items 1 – 14)
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 the August 18, 2025 regular meeting b) City Council action minutes of the September 4, 2025 adjourned regular meeting.
2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) Library Commission action minutes of the August 5, 2025 regular meeting.
3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $1,959,657.52(Check Nos. 44035-44165) b) August 14, 2025 Payroll of $137,823.43
August 28, 2025 Payroll of $151,246.52
September 1, 2025 Council Payroll of $3,886.75.
September 11, 2025 Payroll of $164,888.43
4. COUNCIL TRAVEL EXPENSES.
RECOMMENDATION: That the City Council move to approve the Council Travel Training and Meeting/Mileage Expenses Report through August 31, 2025.
5. PROFESSIONAL SERVICES AGREEMENT SUNSET AUDIO VISUAL FOR AUDIO SOUND SYSTEM IMPROVEMENTS IN CITY COUNCIL CHAMBER.
RECOMMENDATION: That the City Council approve the Professional Services Agreement with Sunset Electrical Contractors, Inc. (dba Sunset Audio Visual) for audio sound system improvements in the City Council Chamber in the amount of $46,049.54.
6. TRACT MAP NO. 30386, 30386-1 AND 30386-2: BOND RELEASE.
RECOMMENDATION: That the City Council:
a) Approve the Street Improvement Warranty Bond and Payment Bond (Bond No. SUR0053413) for Tract 30386-1 and 30386-2 to be released.
b) Approve the Storm Drain Warranty Bond and Payment Bond (Bond No. SUR0053415) for Tract 30386-1 and 30386-2 to be released.
c) Approve the Street/Drainage Improvement Faithful Performance and Payment Bond (Bond No.
SNN4012718) for Tract 30386 to be released.
d) Approve the Subdivision Monumentation Bond (Bond No. SUR0053416) for Tract 30386 to be released.
7. SUMMERWIND TRAILS AT OAK VALLEY: PARK DIF BOND RELEASE.
RECOMMENDATION: That the City Council approve the release of the Summerwind Trails Public Park DIF Bond.
8. NOTICE OF COMPLETION FOR CONSTRUCTION OF CONTRACT FOR CITYWIDE PAVEMENT REHABILITATION PROJECT, PROJECT NO. CIP 24-08 FOR ONYX PAVING COMPANY, INC.
RECOMMENDATION: That the City Council accept the Citywide Pavement Rehabilitation Project, Project No. CIP 24-08 as complete, authorize the City Engineer to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the County Recorder’s Office and, if no claims are filed as of 35 days after recordation, release the 5% retention payment in the amount of $78,584.29 to Onyx Paving Company, Inc.
Regular Meeting of the Calimesa City Council
Monday, September 15, 2025
9. AUTHORIZATION TO SURPLUS EXISTING 2011 DODGE RAM PUBLIC WORKS VEHICLE.
RECOMMENDATION: That the City Council approve the surplus of the existing 2011 Dodge Ram 2500 Public Works vehicle and adopt Resolution No. 2025-48, a Resolution of the City Council of the City of Calimesa, California declaring one vehicle as surplus property and providing for the sale of said property.
10. CONTRACT AWARD FOR SENIOR CENTER TILED ROOF REPAIR.
RECOMMENDATION: That the City Council:
a) Award a construction contract to Titans Group Corporation in the amount of $88,025.00 for the Norton Younglove Senior Center Tile Roof Repair Project (Bid No. 2025-03). b) Approve a 10% construction contingency of $8,803.00 for a total not-to-exceed amount of $96,828.00.
11. AWARD OF A PUBLIC WORKS CONTRACT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT NO. 5.CM.05-24, CALIMESA LIBRARY SIDEWALK IMPROVEMENT, PHASE I, PROJECT NO 2023-09 AND APPROVE THE PLANS AND SPECIFICATIONS AND A BUDGET ALLOCATION FOR THE SAME.
RECOMMENDATION: That the City Council:
a) adopt Resolution No. 2025-49 approving the Plans and Specifications for Community Development Block Grant Project No. 5.CM.05-24, Calimesa Library Sidewalk Improvement, Phase I, Project No 2023-09 (the “Project”);
b) award a public works contract for the Project in the amount of $41,610.00 to Kormex Construction, Inc. of Ontario, California;
c) authorize a construction contingency for the amount of $4,500; and d) allocate additional funding for the Project.
12. AGREEMENT WITH CHARLES ABBOTT ASSOCIATES, INC. FOR NPDES PROGRAM MANAGEMENT AND INSPECTION SERVICES.
RECOMMENDATION: That the City Council authorize the City Manager to execute a Professional Services Agreement with Charles Abbott Associates, Inc. (CAA) for National Pollutant Discharge Elimination System (NPDES) Program Management and Inspection Services in an amount not-toexceed $62,500 for Fiscal Year 2025/2026.
13. AGREEMENT FOR PARK SERVICES AT SUMMERWIND PARK WITH BEAUMONT CHERRY VALLEY RECREATION AND PARK DISTRICT.
RECOMMENDATION: That the City Council approve a new Agreement with Beaumont Cherry Valley Recreation and Park District for Recreation and Maintenance Services at Summerwind Park.
14. STATEMENT OF INVESTMENT POLICY.
RECOMMENDATION: That the City Council adopt Resolution No. 2025-50 a Resolution of the City Council of the City of Calimesa, California adopting a Statement of Investment Policy for effective September 15, 2025.
CALIMESA CHAMBER OF COMMERCE REPORT
Regular Meeting of the Calimesa City Council
Monday, September 15, 2025
BUSINESS ITEMS
15. URGENCY ORDINANCE NO. 416-U AND ORDINANCE NO 416 - ADOPTING BY REFERENCE PART 7 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE CALIFORNIA WILDLAND-URBAN INTERFACE CODE, 2025 EDITION (PART 7, TITLE 24, CALIFORNIA CODE OF REGULATIONS), INCLUDING APPENDICES A,
B, C, F, G AND H AMENDS THE INTERNATIONAL WILDLAND-URBAN INTERFACE CODE , 2025 EDITION; PART 9 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE CALIFORNIA FIRE CODE, 2025 EDITION (PART 9, TITLE 24, CALIFORNIA CODE OF REGULATIONS), INCLUDING APPENDIX CHAPTER 4 AND APPENDICES B, BB, C, CC, D, E, F, G, H, I, K, N, O, P AND Q AND AMENDING TITLE 15 OF THE CALIMESA MUNICIPAL CODE REGARDING THE SAME.
RECOMMENDATION: That the City Council:
1. Adopt an Urgency Ordinance read by title only ORDINANCE NO. 416-U - AN URGENCY
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALIMESA ADOPTING BY REFERENCE PART 7 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE CALIFORNIA WILDLAND-URBAN INTERFACE CODE, 2025 EDITION (PART 7, TITLE 24,
CALIFORNIA CODE OF REGULATIONS), INCLUDING APPENDICES A, B, C, F, G AND H AMENDS THE INTERNATIONAL WILDLAND-URBAN INTERFACE CODE , 2025 EDITION; PART 9 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE CALIFORNIA FIRE CODE, 2025 EDITION (PART 9, TITLE 24, CALIFORNIA CODE OF REGULATIONS), INCLUDING APPENDIX CHAPTER 4 AND APPENDICES B, BB, C, CC, D, E, F, G, H, I, K, N, O, P AND Q AND AMENDING TITLE 15 OF THE CALIMESA MUNICIPAL CODE
REGARDING THE SAME
2. Introduce by title only, ORDINANCE NO. 416 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALIMESA ADOPTING BY REFERENCE PART 7 OF TITLE 24 OF THE CALIFORNIA
CODE OF REGULATIONS, COMPRISING THE CALIFORNIA WILDLAND-URBAN INTERFACE CODE, 2025 EDITION (PART 7, TITLE 24, CALIFORNIA CODE OF REGULATIONS), INCLUDING
APPENDICES A, B, C, F, G AND H AMENDS THE INTERNATIONAL WILDLAND-URBAN INTERFACE CODE , 2025 EDITION; PART 9 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE CALIFORNIA FIRE CODE, 2025 EDITION (PART 9, TITLE 24, CALIFORNIA CODE OF REGULATIONS), INCLUDING APPENDIX CHAPTER 4 AND APPENDICES B, BB, C, CC, D, E, F, G, H, I, K, N, O, P AND Q AND AMENDING TITLE 15 OF THE CALIMESA MUNICIPAL CODE REGARDING THE SAME.
3. Set a public hearing on second reading and adoption of Ordinance No. 416 for October 6, 2025.
16. CITY COMMISSION APPOINTMENT.
RECOMMENDATION: That Mayor Molina appoint one member to the Parks Trails & Community Services Commission and that the City Council ratify the appointment by a majority vote and adopt Resolution No. 2025-51 providing for the appointment made.
17. CALIMESA LIBRARY COMMISSION REPORT.
RECOMMENDATION: That the City Council receive and file the report as presented by the Calimesa Library Commission.
18. APPOINTMENT OF TWO COUNCILMEMBERS TO AN ANNEXATION AD HOC COMMITTEE.
RECOMMENDATION: That the City Council:
1) Appoint two of its members to the Annexation Ad Hoc Committee for the purpose of meeting with councilmembers from the City of Beaumont to discuss annexations in the area of the Golden Triangle.
Regular Meeting of the Calimesa City Council
Monday, September 15, 2025
2) Direct the City Manager to write a letter to the City of Beaumont requesting that Beaumont also consider appointing two of their councilmembers to an ad hoc committee for the purpose of annexation discussions.
19. ORDINANCE AMENDING MUNICIPAL CODE PURCHASING PROVISION.
RECOMMENDATION: That the City Council introduce and read by title only, Ordinance No. 417, An ordinance of the City of Calimesa, California, amending Municipal Code Chapter 3.15 (supplies, services and equipment purchase procedure).
20. ADOPTION OF A MAYOR ROTATION POLICY.
RECOMMENDATION: That the City Council:
1) Decide on which options to include in the proposed Mayor Rotation Policy where multiple policy directions were discussed.
2) Adopt Resolution 2025-52, A Resolution of the City Council of the City of Calimesa, California, Establishing a Mayor and Mayor Pro Tem Rotation Policy. The decisions made in Recommendation #1 will be integrated into the final version of the Resolution.
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
CLOSED SESSION ITEMS
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 1055 Calimesa Blvd., Calimesa, CA City/Agency Negotiators: Will Kolbow, City Manager.
Negotiating Parties: Bank of America National TR & SVGS Assn.
Under Negotiations: Price and Terms for acquisition of property by City
ADJOURNMENT
Adjourn to the Regular Meeting of the City Council on Monday, October 6, 2025 at 6:00 p.m.
City Council Meeting
Agenda Report
Agenda Item No. 1
SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES
MEETING DATE: September 15, 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 August 18, 2025 and the Adjourned Regular City Council Meeting of September 4, 2025.
ATTACHMENTS:
Attachment A: City Council action minutes of August 18, 2025 regular meeting Attachment B: City Council action minutes of September 4, 2025 adjourned regular meeting.
City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: September 15, 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 August 5, 2025.
ATTACHMENTS:
Attachment A: Library Commission action minutes of August 5, 2025.
City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: September 15, 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 $1,959,657.52 (Check Nos.44035-44165) b) August 14, 2025 Payroll of $137,823.43
August 28, 2025 Payroll of $151,246.52
September 1, 2025 Council Payroll of $3,886.75
September 11, 2025 Payroll of $164,888.43
City Council Meeting
Agenda Report
Agenda Item No. 4
SUBJECT: COUNCIL TRAVEL, TRAINING AND MEETING/MILEAGE
EXPENSES
MEETING DATE: September 15, 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 August 31, 2025.
ATTACHMENTS:
Attachment A: Council Travel, Training and Meeting/Mileage Expenses Report through August 31, 2025.
FISCAL YEAR 2025-26
COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 4A
MEETING/MILEAGE 01-1100-7590
DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ -
REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 600.00 MEETING/MILEAGE 01-1100-7590
DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
TOTAL TRAVEL/TRAINING $ - . $ -
REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 600.00
JEFF CERVANTEZ TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585
ERIC CUNDIEFF TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585
FISCAL YEAR 2025-26
COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 4A
MEETING/MILEAGE 01-1100-7590
DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
19-Aug LOCC Annual Conference - Oct 2025 $ 725.00
TOTAL TRAVEL/TRAINING $ 725.00 TOTAL MEETING/MILEAGE $ - REMAINING BALANCE $ 725.00 REMAINING BALANCE $ 600.00
MEETING/MILEAGE 01-1100-7590
DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
1-Jul LOCC Annual Conference - Oct 2025 $ 675.00
TOTAL TRAVEL/TRAINING $ 675.00 TOTAL MEETING/MILEAGE $ - REMAINING BALANCE $ 1,950.00 REMAINING BALANCE $ 600.00
LINDA MOLINA TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585
EDGAR GARCIA TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585
FISCAL YEAR 2025-26
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: PROFESSIONAL SERVICES AGREEMENT SUNSET AUDIO
VISUAL FOR AUDIO SOUND SYSTEM IMPROVEMENTS IN CITY
COUNCIL CHAMBER
MEETING DATE: September 15, 2025
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council approve the Professional Services Agreement with Sunset Electrical Contractors, Inc. (dba Sunset Audio Visual) for audio sound system improvements in the City Council Chamber in the amount of $46,049.54.
BACKGROUND: The meetings of the City Council and Planning Commission have been held in the multipurpose room of the Norton Younglove Senior Center since the incorporation of the City in 1990. Due to its nature as a multipurpose room, the City has experienced challenges with various audio solutions for the purposes of public meetings. Wired solutions have previously been used, but that setup creates tripping hazards and requires a significant amount of setup and tear down time for staff. The City has more recently utilized various wireless solutions, but the audio quality has been very poor as staff has attempted to be frugal with its solutions.
Starting in 2020, the City began streaming its City Council and Planning Commission meetings online. For proper transparency, it is crucial to have a quality audio system so that both attendees in person as well as those watching online can clearly hear what is happening during those meetings.
DISCUSSION: With the assistance of Doerschel and Associates, a systems integration consultant that specializes in municipal audio solutions, City staff issued a Request for Proposals (RFP) in August for the provision of a professional and high-quality audio solution for City Council and Planning Commission meetings. The goal was to create a wireless system that is easy to use and set up and provided quality and interference-free audio that could also be integrated into the City’s existing video solution.
Six proposals were received. Sunset Audio Visual provided the lowest bid. Staff contacted references provided by Sunset, and all references provided positive reviews of the quality of installation and service that Sunset provided. Additional negotiations occurred with Sunset to refine a couple of points on the original bid. These included the addition of a network switch, which was not included in the original RFP but necessary for the project, along with the switching out of a docking component. This accounts for the change between the original bid and the final contract amount. Even with these changes, Sunset still maintained their status as lowest bidder. Although the low bid is not required to be selected for a Professional Services Agreement, Sunset’s pricing
along with their long track record of success in delivering similar and more complex projects makes Sunset the highest-ranking choice among all bids.
For these reasons, staff recommends awarding a Professional Services Agreement with Sunset Audio Visual in the amount of $46,049.54.
FISCAL IMPACT: A budget of $50,000 was included in the Fiscal Year 2025-26 Capital Improvement Program Budget within the IT Major Software & Equipment project (Account 76-2047- 8100). Therefore, sufficient appropriations are available for this Agreement.
ATTACHMENTS:
Attachment A: Professional Services Agreement with Sunset Electrical Contractors, Inc. (dba Sunset Audio Visual)
Attachment B: Council Audio Proposal Evaluation and Comparison
2812846v1.doc City of Calimesa Form
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated September 15, 2025 (“Effective Date”) and is between the City of Calimesa, a California municipal corporation (“City”) and Sunset Electrical Contractors, Inc. (dba Sunset Audio Visual), a California corporation (“Consultant”). City and Consultant are sometimes referred to herein as the “Parties”, and individually as a “Party”.
RECITALS
A. City issued a Request for Proposals (the “RFP”) on July 9, 2025, titled “Sound Reinforcement System Enhancement Council Chamber”. Consultant submitted a proposal dated August 14, 2025, in response to the RFP.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The Parties therefore agree as follows:
1. Consultant’s Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services (the “Services”) for City Council Chamber sound equipment procurement installation at the Norton Younglove Senior Center, attached as Exhibit A.
City may request, in writing, changes in the Scope of Services to be performed. Any changes to the scope or cost of work must be in writing and mutually agreed upon by the Parties.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Stan Kojder, President (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s Services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.
C. Time for Performance. Consultant shall commence the Services on the Effective Date and shall perform all Services in conformance with the project timeline set forth in Exhibit A.
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D. Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.
F. Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.
G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.
H. Prevailing Wages. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code. Therefore, as to those services that are “public works”, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C hereto.
2. Term of Agreement. The term of this Agreement shall be from the Effective Date through December 31, 2025, unless sooner terminated as provided in Section 12 of this Agreement or extended.
3. Compensation.
A. Compensation. As full compensation for Consultant’s Services provided under this Agreement, City shall pay Consultant the total sum of $46,049.54 (the “Maximum Compensation”), as set forth in the Approved Fee Schedule attached hereto as Exhibit B.
B. Expenses. The amount set forth in paragraph 3.A. above includes reimbursement for all expenditures incurred in the performance of this Agreement.
C. Unauthorized Services and Unanticipated Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Consultant Representative authorize such services in writing prior to Consultant’s performance of those services or incurrence of additional expenses. Any additional services authorized by the City Council, or (where authorized) the City Manager shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. At the request of the Consultant, the City Council may, in writing, reimburse Consultant for an unanticipated expense at its
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actual cost. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.
B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant’s regular working hours to City for review and audit by City.
5. Independent contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.
6. Information and Documents.
A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. A response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.
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B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.
C. All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Consultant’s permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
D. Consultant’s covenants under this Section shall survive the expiration or termination of this Agreement.
7. Conflicts of Interest. Consultant affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.
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8. Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnities.
1) To the fullest extent permitted by law, Consultant 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, 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 Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant 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.
Consultant 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. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. 3) Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.
4) City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2).
5) Consultant 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 Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant
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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 Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor 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.
B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
9. Insurance.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $2,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under subparagraph A.1) of this Section.
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3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability/Errors and Omissions Insurance with minimum limits of $2,000,000.00 per claim and in aggregate.
B. Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self insurance shall not be considered to comply with the insurance requirements under this Section.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.
D. Primary and Non-Contributing. The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
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H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City.
Consultant shall maintain current endorsements on file with City’s Risk Manager.
Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 8 of this Agreement.
K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.
10. Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
11. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this
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Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.
12. Termination of Agreement.
A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five calendar days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.
13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, judicial orders, enemy or hostile governmental action, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
14. Default.
A. Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.
B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Consultant with written notice of the default. Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
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15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant’s and City’s regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:
If to City: If to Consultant:
Attn: Will Kolbow, City Manager Sunset Electrical Contractors, Inc City of Calimesa Stan Kojder
908 Park Avenue 832 W. 9th Street
Calimesa, California 92320 Upland, CA 91786
Telephone: (909) 795-9801 Telephone: (909) 948-8851
Email: [email protected] Email: [email protected] With a courtesy copy to:
Steven Flower, City Attorney
908 Park Avenue
Calimesa, California 92320
Telephone: (213) 626-8484
Email: [email protected]
16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any
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person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
18. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
20. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
21. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
22. Not Used.
23. Exhibits. Exhibits A, B and C constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant’s proposal, the provisions of this Agreement shall control.
24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive
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statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.
25. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
26. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
28. Business Days. “Business days” means days Calimesa City Hall is open for business.
29. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Calimesa.
30. Attorneys’ Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys’ fees, experts’ fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.
31. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.
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33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
[SIGNATURE PAGE FOLLOWS]
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The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.
City:
City of Calimesa,
a California municipal corporation
By:
Name: Will Kolbow
Title: City Manager
ATTEST:
By:
Name: Darlene Gerdes
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Steven Flower
Title: City Attorney
Consultant:
Sunset Electrical Contractors, Inc.,
a California corporation
By:
Name: Stan Kojder
Title: President
By:
Name:
Title:
PROOF OF AUTHORITY TO BIND
CONTRACTING PARTY REQUIRED
A-1
EXHIBIT A
SCOPE OF SERVICES
Scope of Services – Council Chamber
Sunset Electrical Contractors, Inc. will supply, install, and integrate a sound reinforcement system as outlined in the RFP for the Calimesa Council Chamber. The system will be designed to ensure clear communication, reliable performance, and ease of use during meetings.
Equipment
• Wireless Access Points: (2) Shure MXWAPX8 – for secure, interference-free wireless microphone connectivity.
• Networked Audio Interfaces: (2) Shure MXWNDX8G and (1) MXWAPXD2 – to charge wireless microsphones.
• Base Transceivers: (16) Shure MXW8X – to connect wireless gooseneck microphones. • Gooseneck Microphones: (16) Shure MX415RLPDF/C – placed on council members’ desks for clear speech pickup.
• Wireless Bodypack Transmitter: (1) Shure MXW1X/O – for presenters and speakers who need mobility.
• Handheld Wireless Microphones: (1) Shure MXW2X/SM58 – to use with the bodypack. • Lavalier Microphones: (1) Shure WL185 – lapel microphones for presenters. • Speakers: (12) Shure MXP-6W – to provide coverage for the entire space.
Services Provided
• Installation & Integration: All equipment will be professionally installed, configured, and integrated with the existing infrastructure.
• Testing & Commissioning: Full system testing to verify performance, audio clarity, and ease of operation.
A-2
• Training: Instruction for technical staff on system use, troubleshooting, and maintenance. • Documentation: Delivery of user manuals and system documentation. • Support Options: Ongoing maintenance and support agreements available to ensure reliability.
Deliverable
A fully functional, state-of-the-art AV system that provides professional-grade audio clarity and supports flexible speaking needs for council meetings.
Scope of Services – Control Room AV System
The Service Provider will furnish all labor, materials, and expertise necessary to integrate and optimize audio-visual (AV) components within the Control Room to ensure a seamless and efficient operational environment. The objective of these services is to deliver high-quality audio performance while supporting effective communication and control within the space.
Services will include:
1. Audio Conferencing Integration
o Installation of the Shure P300-IMX to provide advanced digital signal processing (DSP), including echo cancellation, noise reduction, and automatic gain control. o Configuration to enhance overall audio quality and improve communication efficiency.
2. Audio Amplification and Distribution
o Deployment of the Shure MXN-AMP to amplify and distribute audio signals throughout the room.
o Routing of audio from microphones (boundary or gooseneck) to speakers and other audio endpoints for consistent coverage.
3. Audio Mixing and Control
o Integration of the Soundcraft professional mixer to manage inputs and outputs. o Programming to interface with existing AV and control systems, providing precise control over levels and ensuring compatibility.
A-3
4. Network
o Installing a Netgear AV Line 48-Port PoE Switch
5. Installation and Testing
o Professional equipment installation with proper cable management for a clean, organized setup.
o Comprehensive system testing to confirm functionality, performance, and reliability.
6. Training and Handover
o Training sessions for designated personnel on system operation and basic troubleshooting.
o Delivery of system documentation and user guidance for ongoing use.
7. Coordination and Integration
o Collaboration with IT and facilities management to ensure proper network connectivity and infrastructure compatibility.
o Full integration of the AV system into the Control Room environment.
Deliverable:
A fully installed, tested, and operational AV system that provides clear audio quality, reliable performance, and ease of use for meetings, presentations, and control operations.
B-1
EXHIBIT B
APPROVED FEE SCHEDULE
Proposal To:
City of Calimesa
For:
Audio Sound System improvements in the City Council Chamber September 4, 2025
CSLB #886050 | 832 W. 9th St. Upland, California 91786 909 948 8851 Brian Malabuyoc
[email protected]
COUNCIL CHAMBER
MICROPHONE SYSTEM
IMAGE QTY DESCRIPTION PRICE PRICE EXT
2 Shure MXWAPX8=-Z10 Access Point - 8 Ch. $3,392.22 $6,784.44 2 Shure MXWNDX8G Networked Dock - 8 Bay - Gooseneck $1,283.33 $2,566.66 16 Shure MXW8X=-Z10 Microphone - Gooseneck Base $577.78 $9,244.48 16 Shure MX415RLPDF/C 15" Shock-Mounted Gooseneck, Red LED Ring on top, Less Preamplifier, Dual Flexible, Cardioid $215.56 $3,448.96 1 Shure MXW1X/O=-Z10 Microphone - Bodypack $504.44 $504.44 1 Shure WL185MB/C-TQG LAVALIER MICROPHONE, CARDIOID, BLACK $118.89 $118.89 1 Shure MXW2X/SM58=-Z10 Microphone - Handheld - SM58 Cartridge $517.78 $517.78 12 Shure MXP-6W Loudspeaker, pendant, 8ohm/trafo, white $247.78 $2,973.36 1 Sunset Audio Visual System Integration Project Development, Demolition, System Drawings and Docs
1 Sunset Audio Visual Installation Installation of Systems and Equipment 1 Sunset Audio Visual System Integration Onsite Commissioning, Programming of Systems, OFCI
1 Sunset Audio Visual System Integration Materials, Cabling, Control Room Rack needs and Miscellaneous
Equipment prices include any required accessories. Labor 2 of 5 Version 2.0. 09/04/2025 September 4, 2025 prices include design, engineering, installation and
programming.
SEE
ACCEPTANCE
PAGE
SEE
ACCEPTANCE
PAGE
CONTROL ROOM
MICROPHONE SYSTEM
IMAGE QTY DESCRIPTION PRICE PRICE EXT
1 Shure P300-IMX Audio Conferencing Processor $1,583.33 $1,583.33 3 Shure MXN-AMP NETWORKED DANTE LOW IMP/70V POE+ AMP $548.89 $1,646.67 1 Soundcraft 5056219 UI-16 Digital Mixer US $527.01 $527.01 Equipment prices include any required accessories. Labor 3 of 5 Version 2.0. 09/04/2025 September 4, 2025 prices include design, engineering, installation and
programming.
ADDITIONS/DEDUCTIONS
MICROPHONE SYSTEM
IMAGE QTY DESCRIPTION PRICE PRICE EXT
1 Shure MXWNDX4 Networked Dock - 4 Bay $-825.56 $-825.56 1 Shure MXWAPXD2=-Z10 Access Point/Charger/DSP - 2 Ch. $1,177.65 $1,177.65 1 Netgear NET-GSM4248P-100NAS AV Line M4250-40G8F-PoE+ 40x1G PoE+ 480W and 8xSFP Managed Switc $2,333.55 $2,333.55
Equipment prices include any required accessories. Labor 4 of 5 Version 2.0. 09/04/2025 September 4, 2025 prices include design, engineering, installation and
programming.
EQUIPMENT TOTAL $33,351.66
$750.00
$4,340.00
$750.00
PROJECT DEVELOPMENT, DEMO, DRAWINGS & DOCS
INSTALLATION
MATERIALS, CABLING, CONTROL ROOM RACK & MISC
PROGRAMMING & COMMISIONING $520.00
SHIPPING $1,667.58
CONTINGENCY $2,085.55
TOTAL SALES TAX $2,584.75
PROJECT TOTAL $46,049.54
SIGNED DATE
PRINT NAME TITLE
SIGNED DATE
PRINT NAME TITLE
ACCEPTANCE
FINANCIAL
PAYMENT SCHEDULE
A deposit of the total equipment price (including sales tax) is required at the start of the project.
TERMS
I accept this proposal and hereby authorize Sunset Audio Visual to proceed with the installation of the included systems at the facilities of City of Calimesa constructing at 908 Park Ave Calimesa, CA 92320 as described in the totality of this document. I further authorize Sunset Audio Visual to be granted the facility access that will be required to complete this project in a workmanlike and timely manner and for payment to be made to Sunset Audio Visual. In keeping with the Terms of Payment listed above: It has been made clear to me that there exist no understandings regarding this project with any relevant party unless and until City of Calimesa and Sunset Audio Visual agree to such additional or alternate understandings in writing. Project cost and pricing are dependent upon a continual flow of work without interruption or delays imposed by City of Calimesa or their staff, construction, other building trades or any other party, and additional costs may be incurred by City of Calimesa from Sunset Audio Visual. If such delays result in additional costs that are not covered by the pricing in this proposal: I agree that any additions to and/or deletions from the materials and labor to be provided by my acceptance of this proposal and any resulting change(s) in cost of this project shall only be by way of written change order(s) and shall be valid only after being signed by City of Calimesa and Sunset Audio Visual. This proposal is valid only if accepted in writing by City of Calimesa and deposit payment received no later than October 4, 2025.
ACCEPTANCE
CITY OF CALIMESA
SUNSET AUDIO VISUAL
Equipment prices include any required accessories. Labor 5 of 5 Version 2.0. 09/04/2025 September 4, 2025 prices include design, engineering, installation and
programming.
C-1
EXHIBIT C
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 Sections 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.
City of Calimesa
Evaluation of Proposals to
Furnish and Install Council Chambers AV Audio Systems
AVIDEX EIDIM SOLUTIONZ TIME & MAT. SUNSET AV INLAND AV NOTES:
Not-to-Exceed Totals $63,409 $49,462 $56,189 $90,000 $43,952 $72,228 Equipment Total $33,705 $29,069 $35,674 $58,334 $35,082 $36,649 System Integration, Training Labor +
Materials $23,757 $15,027 $8,623 $23,240 $8,685 $29,300 Contingency $3,019 $0 $2,676 $4,290 $2,086 $3,439
Warranty for 1 Year Parts and Labor
from Sys. Acceptance ? $668 $2,187 $2,727 Included Included Network Switch Included $743 NO $820 $1,329 NO $1,320
Materials included in Labor $0 $2,389 $915 $3,800 $2,324 $3,500 OBJECTIVE COST RANKING 4th 2nd 3rd 6 1st 5th
Evalution Rankings SCALE 1 - 10
10=Best, 1=Worst AVIDEX EIDIM SOLUTIONZ TIME & MAT. SUNSET AV INLAND AV NOTES:
Evaluation Criteria Requirements
Format Compliance 10 10 10 10 10 10
Adherence to Proposal Submittal
Requirements
Executive Summary
Qualifcations
Experience
Cert of Understanding
9 10 10 10 9 7
Warranty 10 8 7 7 10 10
Pricing 6 8 8 4 9 6
SUBJECTIVE SCORING 35 36 35 31 38 33
RANK 4th 2nd 3rd 6th 1ST 5th
Council Audio Proposal Evaluation & Comparison - August, 2025 D&A Council Audio Upgrade Evaluation and RATING Sheet_v2.xls
City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: TRACT MAP NO. 30386, 30386-1 AND 30386-2: BOND RELEASE MEETING DATE: September 9, 2025
PREPARED BY: Will Kolbow, City Manager
Michael Thornton, City Engineer
RECOMMENDATION: That City Council:
1. Approve the Street Improvement Warranty Bond and Payment Bond (Bond No.
SUR0053413) for Tract 30386-1 and 30386-2 to be released.
2. Approve the Storm Drain Warranty Bond and Payment Bond (Bond No. SUR0053415) for Tract 30386-1 and 30386-2 to be released.
3. Approve the Street/Drainage Improvement Faithful Performance and Payment Bond (Bond No. SNN4012718) for Tract 30386 to be released.
4. Approve the Subdivision Monumentation Bond (Bond No. SUR0053416) for Tract 30386 to be released.
BACKGROUND: On December 17, 2018, the City Council approved SIA between the City and D.R.
Horton and accepted bonds. On February 21, 2023, Council accepted the improvements and reduced the Bond Nos. SUR0053413 and SUR0053415 to warranty amounts. All improvements for Tract 30386, 30386-1, and 30386-2 have been completed for more than the required 1-year warranty period. Staff recommends that council authorize the release of all the bonds listed above.
FISCAL IMPACT: None.
City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: SUMMERWIND TRAILS AT OAK VALLEY: PARK DIF BOND RELEASE MEETING DATE: September 15, 2025
PREPARED BY: Will Kolbow, City Manager
Michael Thornton, City Engineer
RECOMMENDATION: That City Council approve the release of the Summerwind Trails Public Park DIF Bond.
BACKGROUND: Summerwind Trails Phase 1 residential consists of 633 residential dwelling units as depicted on the Summerwind Ranch at Oak Valley Specific Plan Land Use Map within Planning Areas A-1 through A-8, located southwest of the Oak Valley Town Center Planning Area. As part Summerwind Trails Development Impact Fee Credit Agreement dated June 4th, 2018, the developer would be eligible to receive Development Impact Fee (DIF) credits if developer posted DIF payment bonds to guarantee payment of the applicable DIF in the event the underlying improvements were never constructed. On August 2, 2021, Council accepted DIF bonds for Phase 1 of the Summerwind Trails at Oak Valley Park which included a Public Park DIF Bond in the amount of $4,086,648, Phase 1 Park DIF obligation.
On December 20,2021, Council authorized staff to execute a public improvement agreement and accept sureties for the construction of the Summerwind Park in the amount of $2,303,000.00 for Faithful Performance and $1,151,500.00 for Payment (Labor and Materials) as well as reduce the Public Park DIF Bond from $4,086,648 to $1,783,648 ($4,086,648 - $2,303,000.00).
All park improvements have been completed, and final accounting has been completed. The cost of the park construction has exceeded the developers’ DIF obligation. Staff recommends that Council approve the release of the Phase 1 Public Park DIF bond.
FISCAL IMPACT: None.
City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: NOTICE OF COMPLETION FOR CONSTRUCTION OF
CONTRACT FOR CITYWIDE PAVEMENT REHABILITATION
PROJECT, PROJECT NO. CIP 24-08 FOR ONYX PAVING
COMPANY, INC.
MEETING DATE: September 15, 2025
PREPARED BY: Will Kolbow, City Manager
Michael Thornton, City Engineer
RECOMMENDATION: That the City Council accept the Citywide Pavement Rehabilitation Project, Project No. CIP 24-08 as complete, authorize the City Engineer to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the County Recorder’s Office and, if no claims are filed as of 35 days after recordation, release the 5% retention payment in the amount of $78,584.29 to Onyx Paving Company, Inc.
BACKGROUND: On January 16, 2024, City staff presented Council with a list of potential areas to be incorporated as part of the second phase of the Citywide Pavement Rehabilitation Project. The selected areas are summarized below:
• 2nd Street – From County Line Road to Avenue L
• Fisher Court – From 2nd Street to End
• Alton Court – From 2nd Street to End
• Freemont Street – From County Line Road to Avenue L
• Avenue L – From Freemont Street to Approximately 400 Feet West • Holmes Street - From County Line Road to End
• 4th Street – From County Line Road to Avenue L
• Ponderosa Trail – From Mulberry Lane to Smokeridge Trail • Lone Star Cout – From Sandalwood Drive to End
• Nugget Court – From Sandalwood Srive to End
• Gold Spur Court – From Canyon View Drive to End
• Canyon View Drive – 3rd Street to End
On October 23, 2024 the City received bids for project construction.
On November 4, 2024, Council awarded a contract to Onyx Paving Company, Inc. in the amount of $1,555,000. Council also authorized a construction contingency of $155,500. Onyx Paving Company has completed all work to the satisfaction of the City Engineer. The Final Contract Amount for construction is $1,571,685.91, as itemized on the enclosed summary.
ATTACHMENTS:
Attachment A: Summary
Attachment B: Notice of Completion
Bid Item Unit Description Unit Price Quantity Amount Quantity Amount Quantity Amount 1 LS Mobilization/Demobilization $ 66,000.00 1.00 $ 66,000.00 0.00 $ - 1.00 $ 66,000.00 2 LS Traffic Control and Safety $ 111,000.00 1.00 $ 111,000.00 0.00 $ - 1.00 $ 111,000.00 3 LS Storm Water Pollution Prevention Plan, Best
Management Practice and NPDES Requirements
$ 11,000.00 1.00 $ 11,000.00 0.00 $ - 1.00 $ 11,000.00
4 SF Grind (Cold-Mill) Existing Asphalt Conrete (1.5"
Min.) $ 0.28 252,278.00 $ 70,637.84 -40,959.00 $ (11,468.52) 211,319.00 $ 59,169.32 5 SF Grind (Cold-Mill) Existing Asphalt Conrete (2" Min.) $ 0.33 71,443.00 $ 23,576.19 3,803.00 $ 1,254.99 75,246.00 $ 24,831.18 6 SF Sawcut and Remove Existing Asphalt Base
Course, Aggregate Base and/or Subgrade (5.5"
Total Section Removal) $ 1.11 106,220.00 $ 117,904.20 -3,342.00 $ (3,709.62) 102,878.00 $ 114,194.58 7 SF Pulverize Existing Asphalt Conrete Pavement (7"
Total Section) and Remove 3" of Pulverized AC
$ 1.11 58,489.00 $ 64,922.79 132.00 $ 146.52 58,621.00 $ 65,069.31 8 SF Sawcut and Remove Existing PCC Spandrel/
Cross Gutter $ 8.00 5,185.00 $ 41,480.00 484.25 $ 3,874.00 5,669.25 $ 45,354.00 9 SF Sawcut and Remove Existing PCC Curb Ramp
$ 4.00 2,520.00 $ 10,080.00 171.00 $ 684.00 2,691.00 $ 10,764.00 10 LF Sawcut and Remove Existing Asphalt Concret
Dike $ 6.00 726.00 $ 4,356.00 -6.00 $ (36.00) 720.00 $ 4,320.00 11 SF Sawcut and Remove Existing PCC Driveway $ 6.00 430.00 $ 2,580.00 32.00 $ 192.00 462.00 $ 2,772.00 12 SF Sawcut and Remove Existing PCC Sidewalk $ 4.00 320.00 $ 1,280.00 -86.00 $ (344.00) 234.00 $ 936.00 13 LS Remove and Reconstruct Curb, Gutter and
Undersidewalk Drain at 540 Sandalwood Drive
$ 11,722.00 1.00 $ 11,722.00 0.00 $ - 1.00 $ 11,722.00
14 CY Construct 4" Miscellaneous Aggregate Base Over
12" Compacted Native $ 66.00 1,298.00 $ 85,668.00 108.00 $ 7,128.00 1,406.00 $ 92,796.00 15 TON Construct 1.5" Minimum Asphalt Concrete Base
Course $ 111.00 1,642.00 $ 182,262.00 597.47 $ 66,319.17 2,239.47 $ 248,581.17 16 TON Construct 1.5" Minimum Asphalt Concrete Overlay
$ 111.00 3,098.00 $ 343,878.00 -396.18 $ (43,975.98) 2,701.82 $ 299,902.02 17 TON Construct 2" Minimum Asphalt Concrete Overlay
$ 111.00 951.00 $ 105,561.00 159.13 $ 17,663.43 1,110.13 $ 123,224.43 18 SF Construct PCC Curb Ramp Per Riverside County
Std. No. 403 Case A $ 20.00 2,520.00 $ 50,400.00 -186.00 $ (3,720.00) 2,334.00 $ 46,680.00 19 SF Construct PCC Spandrel/Cross Gutter $ 20.00 5,185.00 $ 103,700.00 484.25 $ 9,685.00 5,669.25 $ 113,385.00 20 LF Construct Hot Mix Asphalt Concrete Dike (Type D
or 6") $ 18.00 726.00 $ 13,068.00 668.00 $ 12,024.00 1,394.00 $ 25,092.00 21 LF Construct PCC Driveway $ 16.00 430.00 $ 6,880.00 32.00 $ 512.00 462.00 $ 7,392.00 22 LF Construct PCC Sidewalk $ 11.00 320.00 $ 3,520.00 -86.00 $ (946.00) 234.00 $ 2,574.00 23 LF Adjust Water/ Gas Valve to Grade $ 100.00 32.00 $ 3,200.00 -24.00 $ (2,400.00) 8.00 $ 800.00 24 LF Adjust Sewer Manhole to Grade $ 1,300.00 38.00 $ 49,400.00 -22.00 $ (28,600.00) 16.00 $ 20,800.00 25 LF Install Traffic Signing and Striping $ 28,923.98 1.00 $ 28,923.98 0.00 $ - 1.00 $ 28,923.98 26 LS TRENCH REPAIR MOBILIZATION/
DEMOBILIZATION $ 7,040.00 1.00 $ 7,040.00 0.00 $ - 1.00 $ 7,040.00 27 AL STORM DRAIN TRENCH REPAIR TIME AND
MATERIAL ALLOWANCE $ 25,000.00 1.00 $ 25,000.00 -1.00 $ (25,000.00) 0.00 $ - 28 SF CONSTRUCT PCC CURB RAMP PER
RIVERSIDE COUNTY STD 403 CASE B $ 24.00 415.00 $ 9,960.00 -58.00 $ (1,392.00) 357.00 $ 8,568.00 Subtotal: $ 1,555,000.00 Subtotal: $ (2,109.01) Subtotal: $ 1,552,890.99 CCO #1 LF Additional Curb and Gutter Replacement $ 98.00 0 $ - 45 $ 4,410.00 45.00 $ 4,410.00 T&M #1 LS Fisher Court Subgrade Repairs $ 14,384.92 1 $ - 1 $ 14,384.92 1.00 $ 14,384.92 Subtotal: $ - Subtotal: $ 18,794.92 Subtotal: $ 18,794.92 Original Contract Amount: $ 1,555,000.00 Total: $ 16,685.91 Total: $ 1,571,685.91 Original Contract Changes Authorized Revised Contract
Attachment A - Summary
Bid Schedule A
Chabge Orders
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CALIMESA
CITY CLERK
908 PARK AVENUE
CALIMESA, CA 92320
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY
NOTICE OF COMPLETION
Pursuant to the provisions of Section 9204 of the California Civil Code, notice is hereby given of completion of the following public work of improvement:
Project Name: Citywide Pavement Rehabilitation Project, Project No. CIP 24-08 Date of Completion: June 30, 2025.
Name and address of Owner: City of Calimesa, 908 Park Avenue, Calimesa, CA 92320 Name and address of Contractor: Onyx Paving Company, 22707 La Palma Avenue Yorba Linda, CA 92887
Name and address of Construction Lender: None
Description of site: Residential Neighborhoods in Calimesa DATED: September 15, 2025
CITY OF CALIMESA
A Municipal Corporation
Michael Thornton, City Engineer
VERIFICATION
I, the undersigned, say: I am the City of Calimesa City Clerk, the declarant of the foregoing notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on ____________________________ at Calimesa, California _____________________________________________
Darlene Gerdes, City Clerk
City of Calimesa
908 Park Avenue
Calimesa California, 92320
City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: AUTHORIZATION TO SURPLUS EXISTING 2011 DODGE RAM PUBLIC WORKS VEHICLE.
MEETING DATE: 09/15/25
PREPARED BY: Kyle Coney
RECOMMENDATION: That the City Council approve the surplus of the existing 2011 Dodge Ram 2500 Public Works vehicle and adopt Resolution No. 2025-48, a Resolution of the City Council of the City of Calimesa, California declaring one vehicle as surplus property and providing for the sale of said property.
BACKGROUND: The City’s Public Works vehicle, a 2011 Dodge Ram with 125,294 miles, has a researched trade-in value of $4,860. The annual maintenance costs required to keep this vehicle operational exceed its current market value. Therefore, staff recommends this vehicle be sent to surplus. A replacement vehicle has already been acquired for the Public Works Department.
DISCUSSION: City staff recommends this vehicle be sent to surplus due to ongoing mechanical issues and the need for significant repairs. Over the past three years, the City has incurred approximately $23,000 in maintenance and repair costs for this unit. A replacement vehicle has already been procured for the Public Works Department.
FISCAL IMPACT: The final sales price will approximate the value of the vehicle estimated at $4,860. The revenue from the sale of the vehicle will be placed in the general fund.
ATTACHMENTS:
Attachment A: Resolution No. 2025-48
RESOLUTION NO. 2025-48
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA DECLARING ONE VEHICLE AS
SURPLUS PROPERTY AND PROVIDING FOR THE SALE OF SAID
PROPERTY
WHEREAS, Chapter 3.15.160, Surplus supplies and equipment, of the Calimesa Municipal Code, provides that all departments shall submit to the City Manager, at such times and in such form as he/she shall prescribe, reports showing all supplies, materials and equipment which are no longer used or which have become obsolete or worn out; and
WHEREAS, the City Manager shall have the authority to sale as surplus all supplies, materials and equipment which cannot be used by any department or which have become unsuitable for city use, or to exchange the same for, or trade in the same on, new supplies, materials and equipment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council hereby declares certain property described in Exhibit A, hereto attached, as surplus property.
Section 2. The City Manager is hereby authorized to sale said property pursuant to the procedures set forth in Chapter 3.15.160 of the Calimesa Municipal Code.
PASSED, APPROVED AND ADOPTED this 15th day of September 2025. _____________________________________
LINDA MOLINA, MAYOR
ATTEST:
_________________________________________
DARLENE GERDES, CITY CLERK
EXHIBIT A
RESOLUTION NO. 2025-48
VEHICLE DESIGNATED AS SURPLUS:
Year, Make & Model: 2011 Dodge Ram 2500
License No:1622988
VIN No.: 3D6WT2CT2BG617010
Miles: 125294
City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: CONTRACT AWARD FOR SENIOR CENTER TILED ROOF
REPAIR
MEETING DATE: September 15, 2025
PREPARED BY: Mari Shakir, Public Works Director
RECOMMENDATION: That the City Council:
1) Award a construction contract to Titans Group Corporation in the amount of $88,025.00 for the Norton Younglove Senior Center Tile Roof Repair Project (Bid No. 2025-03). 2) Approve a 10% construction contingency of $8,803.00 for a total not-to-exceed amount of $96,828.00.
BACKGROUND: During the City Hall Expansion project at the Norton Younglove Senior Center building, the contractor performing the work observed deterioration in the roof overhang, noting that the underlayment beneath the roof tiles was in poor condition and there were signs of termite activity.
A recent termite inspection confirmed the presence of wood rot and termite infestation at the facility.
The City subsequently sought a professional evaluation from a licensed pest control company. The pest control company recommended that the roof be repaired prior to their treatment, so that any new wood installed would be properly protected and treated against future termite damage.
Given the structural importance of the roof and the urgency to coordinate repairs with termite remediation, City staff initiated a competitive bid process for the project.
DISCUSSION: In accordance with the California Uniform Public Construction Cost Accounting Act (CUPCCAA), and because the project amount falls under the formal bidding threshold, the City solicited bids through informal bidding procedures. Invitations were distributed to contractors on the City’s approved CUPCCAA list, consistent with state requirements.
On August 19, 2025, the City received and opened fourteen (14) bids for the Norton Younglove Senior Center Tile Roof Repair Project. After review, staff determined that Titans Group Corporation submitted the lowest responsive and responsible bid in the amount of $88,025.00.
A 10% contingency is recommended because roof repair projects often uncover unforeseen conditions once roof tiles and underlayment are removed. In this case, the presence of wood rot
and termite damage increases the likelihood of additional structural repair needs. The contingency ensures that the City can promptly address these issues without delay or additional Council action.
FISCAL IMPACT: Funding for this project is available in the Capital Improvement Facilities Fund.
The proposed contract award is $88,025.00. Staff recommends approval of a 10 percent construction contingency in the amount of $8,802.50, bringing the total not-to-exceed amount to $96,827.50. This amount is within the $110,000 budgeted for this project in the Capital Improvement Facilities Fund.
ATTACHMENTS:
Attachment A: Bid Tabulation
Attachment B: Titans Group Corporation Bid Documents
Attachment C: Agreement
Attachment D: Contract Documents
# BIDDER BID BOND? NON-COLLUSION
AFFIDAVIT?
ADDENDA NO’s
1 & 2? (required)
BID SCHEDULE
AMOUNT
1 AAA Roofing and Waterproofing
891 Iowa Ave
Riverside, CA 92507
Yes
Yes
None $89,123.00
2 Prodigal Enterprises LLC
DBA Monument Roofing
625 W. Katella Ave. #29
Orange, CA 92867
Yes Yes
None
$129,193.00
3 Southland Roofing, Inc.
9127 S. Western Avenue
Los Angeles, CA 90047
Yes Yes
No. 1 only Submitted Bid Schedule was Blank
4 Premier Roofing of CA
12834 Rockwell Court
Poway, CA 92064
Yes Yes
None $251,000.00
5 Exclusive Metal
14118 Meridian Parkway
Riverside, CA 92518
Yes Yes
Both $215,245.00
6 Superior Roofing
P. O. Box 2635
San Marcos, CA 92079
Yes Yes
Both $111,490.00
7 Letner Roofing Co.
1490 N. Glassell Street
Orange, CA 92867
Yes Yes
Both $237,240.00
8 KRGS Roofing Inc.
660 Weng Star Street
Beaumont, CA 92223
Yes Yes
None $72,125.00
9 Western Pacific Roofing Corp. Yes Yes
Both $163,600.40
10 Best Contracting Services
19027 S. Hamilton Avenue
Gardena, CA 90248
Yes Yes
Both $201,990.00
11 Rite-way Roof Corporation
15425 Arrow Route
Fontana, CA 92335
Yes Yes
Both $121,500.00
BIDDERS LISTING – City of Calimesa, 908 Park Ave., Calimesa, CA 92320 PROJECT NUMBER: BID NO. 2025-03 Bid Opening 8/19/2025 – 2:00 p.m.
PROJECT NAME: City Roofing Project – Tile Roof Repair Norton Younglove Senior Center ENGINEERS ESTIMATE: STAFF PRESENT: Darlene Gerdes, Yaiza Benson Mari Shakir and Kyle Coney
# BIDDER BID BOND? NON-COLLUSION
AFFIDAVIT?
ADDENDA NO’s
1 & 2? (Required)
BID SCHEDULE
AMOUNT
12 Titans Group Corporation
1459 Industrial Ave.
Escondido, CA 92029
Yes Yes
Both $88,025.00
APPARENT LOW BIDDER
13 C&I Roofing Company Yes Yes
No. 1 only $76,120.00
14 Bell Roof Company
755 S. La Cadena Drive
Colton, CA 92324
Yes Yes
Both $99,800.00
15 16
17 18
19 20
21 22
BIDDERS LISTING – City of Calimesa, 908 Park Ave., Calimesa, CA 92320 PROJECT NUMBER: BID NO. 2025-03 Bid Opening 8/19/2025 – 2:00 p.m.
PROJECT NAME: City Roofing Project – Tile Roof Repair Norton Younglove Senior Center ENGINEERS ESTIMATE: STAFF PRESENT: Darlene Gerdes, Yaiza Benson Mari Shakir and Kyle Coney
City of Calimesa
35 AGREEMENT
THIS AGREEMENT is made and entered into this _______ day of ___________ 2025, by and between the City of Calimesa, a municipal corporation, hereinafter referred to as “City”, and Titans Group Corporation , located at 1459 Industrial Ave Contractor / Company Name Street Address
Escondido CA 92029 858-688-5950
hereinafter referred to as
“Contractor".
City State Zip Code Phone
PROJECT: CITY ROOFING PROJECT BID NO. 2025-03 Tile Roof Repair at Norton Younglove Senior Center
WITNESSETH, in this consideration of their covenants, the parties hereto agree as follows:
The contract documents for the Project shall consist of the Notice Inviting Informal Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications and appendices; together with this Agreement and all required bonds, indemnity, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively, the “Contract Documents”). The Contract Documents are made a part hereof as though fully set forth herein.
In consideration of such work, City agrees to pay Contractor and Contractor agrees to accept the sum of eighty-eight thousand twenty-five and No Cents, ($88,025.00) in the manner provided in the Contract Documents and subject to adjustment provided therein.
Concurrently with the execution of this Agreement, Contractor shall file with the City the bonds and certificates of insurance specified in the Contract Documents and subject to adjustment provided therein.
This Contract shall not be assigned without the written permission of the City Council.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.
ATTEST: CITY OF CALIMESA
A Municipal Corporation
Darlene Gerdes, City Clerk Date Linda Molina, Mayor Date FUNDS AVAILABLE:
CONTRACTOR:
Celeste Reid, Finance
Director
Date Date
Mari Shakir, Public Works
Director
Date Date
APPROVED AS TO FORM:
Steven Flower, City Attorney Date
CITY OF CALIMESA
STATE OF CALIFORNIA
CONTRACT DOCUMENTS
FOR
CITY ROOFING PROJECT
BID NO. 2025-03
Tile Roof Repair at Norton Younglove Senior
Center
(CUPCCAA)
PREPARED BY:
____________________
Mari Shakir
Public Works Director
City of Calimesa
908 Park Ave.
Calimesa, CA 92320
(909) 795-9801
City of Calimesa
1 CITY OF CALIMESA
NOTICE INVITING INFORMAL BIDS
FOR
CITY ROOFING PROJECT
BID NO. 2025-03
Tile Roof Repair at Norton Younglove Senior
Center
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 2:00 PM, on Tuesday, the 19th day of August 2025 at which time they will be publicly opened and read aloud. 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.calimesa.gov. 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 site-walk is not required for this project. If you would like to schedule a pre-bid sitevisit, please contact Mari Shakir at [email protected].
Scope of Work
The contract work for this project shall consist of the removal (salvage) of the tile roofing material, the removal and disposal of the underlayment, the removal/disposal and replacement of any damaged sheathing, the installation of a new 30# underlayment, the removal and replacement of any damaged or warn out flashing, and the reinstallation of the existing salvaged tile roofing (replace any damaged tiles with new ones at the Norton Younglove Senior Center.
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 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.
City of Calimesa
2 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. In addition, the Contractor shall guarantee all workmanship for a period of one (1) year from the date the work was completed and provide a 15-year NDL warranty from the manufacturer. The Contractor’s sureties for the “Performance Bond” shall be liable for any work that the Contractor fails to replace within a specified time.
Retention
The contract documents call for monthly payments based upon the engineer’s estimate for the work completed. The City of Calimesa will retain five percent (5%) of each progress payment as security for completion of the balance of the work. At the request and expense of the successful bidder, the City will pay the amounts so retained upon compliance with the requirements of Public Contract Code Section 22300 and the provisions of the contract documents pertaining to Substitution of Securities.
City of Calimesa
3 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 THE CITY ROOFING PROJECT BID NO. 2025-03 Tile Roof Repair at Norton Younglove Senior Center.
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.
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 21st day of July, 2025.
By: ______________________________________________
Mari Shakir
Public Works Director
City of Calimesa
908 Park Avenue, Calimesa, California 92320
(909) 795-9801
City of Calimesa
4 CITY OF CALIMESA
INSTRUCTIONS TO BIDDERS
FOR
CITY ROOFING PROJECT
BID NO. 2025-03
Tile Roof Repair at Norton Younglove Senior Center
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.
Proposal Guarantee (Bid Bond)
Proposals must be accompanied by a proposal guarantee consisting of a certified check or bid bond payable to the City of Calimesa in the amount of ten percent (10%) of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. If a bidder to whom a contract is awarded fails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the City. The proposal guarantees of all bidders will be held until the successful bidder has properly executed all contract documents.
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 make his/her own estimates from the data contained in the Specifications and onsite 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 Informal Bids” may be required to provide for the best interests of the City. 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
City of Calimesa
5 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 Informal Bids”. Late proposals will not be considered. Proposals shall be enclosed in a informal envelope plainly marked on the outside: ATTENTION: PUBLIC WORKS DEPARTMENT, SEALED BID FOR CITY ROOFING PROJECT BID NO. 2025-03 Tile Roof Repair at Norton Younglove Senior Center Mailed bids should be addressed as follows:
City of Calimesa
Attn. Public Works Department
908 Park Avenue
Calimesa, CA 92320
RE: CITY ROOFING PROJECT BID NO. 2025-03 Tile Roof Repair at Norton Younglove Senior Center
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 Informal 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.
City of Calimesa
6 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 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 informal bids, as may be required to provide for the best interests of the City. The Contractor’s original signature on the Bid Proposal Form
City of Calimesa
7 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 Informal 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 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 maintenance 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.
City of Calimesa
8 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 Section 1861 of the Labor Code, the contractor shall sign a Compensation Insurance Certificate, which is included with the Contract Agreement, and submit same to 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, reasonable costs and expenses and reasonable attorney’s fees.
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 Construction 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
City of Calimesa
9 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 City. Where any such construction 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 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
Pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Public Contract Code), bidders are required to list in their proposal the name and location of place of business of each subcontractor who will perform work or labor or render services in or about the project of the work or improvement or a subcontractor who specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications in excess of ½ of 1% of this prime contractor’s total bid. Failure to list a subcontractor for a portion of the work means that the prime contractor will do that portion of the work. It is the Agency’s intent for the Subletting and Subcontracting Fair Practices Act to apply to all phases of the work.
City of Calimesa
10 City Business License and Building Permits
The Contractor shall obtain a City of Calimesa Business License prior to the City issuing the notice to Proceed. The current annual fee for a Business License is FiftyTwo Dollars ($52.00). The contractor will also be required to obtain the proper building permits. The building permit will be at no charge to the contractor.
City of Calimesa
11 CITY OF CALIMESA
PROPOSAL FORM
FOR
CITY ROOFING PROJECT
BID NO. 2025-03
Tile Roof Repair at Norton Younglove Senior Center
Bidder’s Name:
______________________________________________________________________ TO CITY OF CALIMESA, as CITY:
In accordance with City’s “Notice Inviting Informal 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
12 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
13 PROPOSAL FORM
FOR
CITY ROOFING PROJECT
BID NO. 2025-03
Tile Roof Repair at Norton Younglove Senior Center
BASE BID SCHEDULE
ITEM NO.
QTY
DESCRIPTION UNIT PRICE TOTAL
1 1 LS Tiled Roof Repair – Senior Center $ $
2 50 EA Furnish New Roofing Tiles $ $
3 160 SF
Remove and Replace Damaged
Sheathing $ $
Total Items 1-3 $ _____________________
TOTAL 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 items 1 through 3 inclusive). ___________________________________________________________ DOLLARS (Words)
and __________________________ CENTS. Total: $________________________ (Words) (Figures)
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 within fifteen (15) working days or as otherwise directed by the Public Works Director in accordance with these specifications and agrees to complete the work within sixty (60) working days from the Notice to Proceed.
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 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
City of Calimesa
14 beginning of such delay, notify the City, in writing of the cause of 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 construction.
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 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.
City of Calimesa
15 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
16 CITY OF CALIMESA
BIDDER’S BOND – PUBLIC CONTRACT
KNOW ALL BY THESE PRESENTS:
That
As Principal (herein called “Principal”)
and
As Surety (herein called “Surety”)
are held and firmly bound unto the City of Calimesa, a Municipal Corporation of the State of California (herein called
“Obligee”), in just and full sum
of
($ ) lawful money of the United States
of America,
(said sum being equal to 10% of the estimated total amount of the bid) of Principal for the herein described work of improvement, for the payment of which, well and truly to be made, we hereby bind ourselves and our, and each of our, heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That
WHEREAS, Principal bidding, or is about to bid, for the following described work of improvement, all in accordance with the Notice to Bidders, Proposal Form, Plans, Specifications, and Standard Contractual Requirements of Obligee therefore.
NOW, THEREFORE, if Obligee shall make an award to Principal for said work of improvement according to the terms of such bid, and Principal shall duly execute, or cause to be executed, and delivered to Obligee the Contract, bonds, and evidence of insurance coverage as, and within the time required by the Standard Contractual Requirements, then this obligation shall be null and void; otherwise, it shall remain in full force and effect.
No extension of time granted to the Principal and no change or alteration in any of the terms of the bid or the bid requirements, whether made after notice or note, shall release or otherwise affect the obligations of the Surety hereunder, and the Surety waives notice of any such extension, change, or alteration. The Surety, by the execution of this bond, represents and warrants that this bond has also been duly executed by the Principal with proper authority, and the Surety hereby waives any defense which it might have by reason of any failure of the Principal to execute this bond.
In the event suit is brought upon this bond by the Obligee and judgment is recovered by the Obligee, court costs, including reasonable attorney’s fees, shall be an additional obligation of this bond for which Principal and Surety shall be liable.
Signed and Sealed
this
Day of 2025.
PRINCIPAL
APPROVED AS TO FORM:
SURETY
NOTE TO SURETY COMPANY:
The following form of acknowledgment should be
used. If any other form of acknowledgment is
used, there must be submitted a certified copy of
unrevoked resolution of authority for the attorneyin-fact.
By:
Date:
(SURETY CO. ATTORNEY-IN-FACT)
ATTACH APPROPRIATE JURAT (S)
City of Calimesa
17 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
18 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
19 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
20 SPECIFICATIONS
SECTION 1 – GENERAL PROVISIONS
FOR
CITY ROOFING PROJECT
BID NO. 2025-03
Tile Roof Repair at Norton Younglove Senior Center
1-1. Scope of Work
The City of Calimesa, California (“City”) is soliciting proposals from qualified commercial roofing companies (“Contractor”) to:
1) Repair the tiled roof of the Norton Younglove Senior Center at 908 Park Ave, Calimesa, CA 92320
The contract work for this project shall consist of the removal (salvage) of the tile roofing material, the removal and disposal of the underlayment, the removal/disposal and replacement of any damaged sheathing, the installation of a new 30# underlayment, the removal and replacement of any damaged or warn out flashing, and the reinstallation of the existing salvaged tile roofing (replace any damaged tiles with new ones at the Norton Younglove Senior Center.
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 Council for the City of Calimesa
Director: The Public Works Director for the City of Calimesa.
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 is at 908 park Avenue, Calimesa, CA 92320.
1-4. Standard Specifications
The Standard Specifications of the Agency are contained in the most current edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS
City of Calimesa
21 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 Standard Plans shall mean the Standard Plans for the City of Calimesa 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.
1-5. 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.
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
City of Calimesa
22 duplication procedures and certain notices required of the Contractor pertaining to their location.
Apprentices
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 4552 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.
1-6. Insurance and Indemnification 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.
Indemnification
The Contractor shall indemnify and save harmless the City of Calimesa, from all claims or suite for damages arising from the performance of the contract work, as more fully described in the Section titled “Contractor’s Liability and Indemnification.” The Contractor agrees to protect, defend and indemnify the City of Calimesa against loss, damage or expense by reason of any suit claims, demands, judgments and causes of action caused by the Contractor, its employees, agents or any subcontractor, or by any third party arising out of, or in consequence of, the performance of all, or any, operations covered by the Certificate of Insurance. The Contractor, at its option, may include such coverage under Public Liability coverage.
City of Calimesa
23 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].
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.
City of Calimesa
24 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.
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 effecting 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 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.
City of Calimesa
25 Subcontractors
Contractor shall include all subcontractors as insured’s under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverage for subcontractors shall be subject to all of the requirements stated herein.
Contractor’s Liability and Indemnification
The City of Calimesa, the City Council or the Engineer shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workmen or the public; or for damage to any person or persons, either workmen or the public; or for damage to adjoining property from any cause which might have been prevented by the Contractor, or his workmen, or any one employed by him; against all of which injuries or damages to persons and property the Contractor, having control over such work, must properly guard. The Contractor shall be responsible for any damage to any person or property resulting from defects or obstructions or any time before its completion and final acceptance.
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 City may retain any money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of such suits or claims for damages aforesaid.
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
City of Calimesa
26 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
27 CITY OF CALIMESA SPECIFICATIONS
SECTION 2 – SPECIAL PROVISIONS
FOR
CITY ROOFING PROJECT
BID NO. 2025-03
Tile Roof Repair at Norton Younglove Senior Center
2-1. Time of Completion and Liquidated Damages
Time of Completion
If awarded the Contract, the undersigned agrees to start work on this project within fifteen (15) working days or as otherwise directed by the Public Works Director in accordance with these specifications and agrees to complete the work within sixty (60) working days from the Notice to Proceed.
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 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. 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 charged shall be deducted by the City from any monies which may otherwise be or become payable to the Contractor.
City of Calimesa
28 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 Ave., 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
a) Normal Work Schedule: The Contractor shall accomplish all removal and installation work between the hours of 7:30 AM AND 5:30 PM, Monday through Friday.
b) The successful Contractor will submit a work schedule to the Project Manager at least one week prior to the planned work start date. c) Once the work schedule is agreed upon, any proposed changes will be immediately coordinated with the Project Manager, but not less than 24 hours in advance of the performance of work. Work shall not commence without prior coordination with the Project Manager.
d) During performance of work, the Contractor will brief the Project Manager or other Calimesa City staff (designated by the Project Manager) on the planned activities for the next day.
2-4. Business License and Building Permits
The Contractor shall obtain a City of Calimesa Business License prior to the City issuing the notice to Proceed. The current annual fee for a Business License is Fifty-Two Dollars ($52.00). The contractor will also be required to obtain the proper building permits. The building permit will be at no charge to the contractor.
2-5. Additional Work and Extra Work
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
City of Calimesa
29 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”, of 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.
2-6. 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, bonds 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.
2-7. Invoicing
Contractor will submit monthly invoices to:
Public Works Department
Attn: Mari Shakir
908 Park Avenue, Calimesa, CA 92320
Invoices will include a description of service(s) performed, the number of staff and labor hours, description of parts, and quantity and cost of parts, if any. 2-8. Payment
Upon completion of the assigned work by the Contractor and acceptance of the work by the Public Works Director, the Contractor shall submit an invoice for said work based on mutually agreed quantities. The payment will be made
City of Calimesa
30 on the basis of the amount of mutually agreed work completed, less five percent (5%) retention. The final payment will be made approximately thirtyfive (35) days after acceptance of the work by the City Council. The Public Works Director may release portions of the retention prior to City Council acceptance.
2-9. Warranty
The Contractor shall warranty and repair all defective materials and workmanship for a period of 2 years. This warranty period shall start on the date the work was accepted by the City. In addition, the Contractor shall warranty the work against all latent and patent defects for a period of 10 years.
City of Calimesa
31 SPECIFICATIONS
SECTION 3 – CONSTRUCTION MATERIALS AND METHODS
FOR
CITY ROOFING PROJECT
BID NO. 2025-03
Tile Roof Repair at Norton Younglove Senior Center
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 location designated by the City. 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. The cost for this item will be included in all other items of work and no additional compensation will be paid.
3-2. Site Description
The contract work for this project shall consist of the removal (salvage) of the tile roofing material, the removal and disposal of the underlayment, the removal/disposal and replacement of any damaged sheathing, the installation of a new 30# underlayment, the removal and replacement of any damaged or warn out flashing, and the reinstallation of the existing salvaged tile roofing (replace any damaged tiles with new ones at the Norton Younglove Senior Center.
3-3. Item No. 1- Tile Roof Repair- Senior Center
GENERAL- The contractor shall remove, salvage and replace all roof tile (to be reinstalled after repairs have been completed). The contractor will remove and dispose of the underlayment. The contractor and City shall perform a site investigation to determine if any of the sheathing will require removal and replacement. If required, then the contractor will proceed with the removal of the sheathing and any damaged or missing flashing, the contractor shall install new 30# black paper underlayment and then reinstall the salvaged tiles replacing any damaged ones with new ones.
PAYMENT- The Lump Sum contract unit price paid for “Item No. 1- “Tile Roof Repair- Senior Center” shall include all work to complete for this item as described above and as directed by the Engineer. No additional compensation will be paid.
3-4. Item No. 2- Furnish New Roofing Tiles
GENERAL- The contractor shall furnish to the project 50 new roof tiles (To replace any damaged tiles that may have occured during the removal and reinstallation of the existing tiles).
City of Calimesa
32 PAYMENT- The Each contract unit price paid for “Item No. 2- “Furnish New Roofing Tiles” shall include furnishing 50 new roof tiles and as directed by the Engineer. The cost for the install will be considered as part of Item No. 1.
No additional compensation will be paid.
3-5. Item No. 3- Remove and Replace Damaged Sheathing
GENERAL- The contractor and City shall perform an site investigation to determine if any of the sheathing will require removal and replacement. If required, then the contractor will proceed with the removal and replacement of the sheathing.
PAYMENT- The Square Foot contract unit price paid for “Item No. 3- “Remove and Replace Damaged Sheathing” shall include all work to complete for this item as described above and as directed by the Engineer.
No additional compensation will be paid.
This item may not be required and will be determined in the field at the time of construction.
3-6. Differing Conditions
If the Contractor believes that any condition that is uncovered is of such nature as to require a change in the scope of services or is of unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in roof restoration, then the Contractor shall immediately notify the Project Manager in writing about such condition. Contractor shall not perform any work in connection therewith until receipt of written order to do so.
After receipt of written notice, the Project Manager will promptly review the pertinent condition, and advise the Contractor in writing of City’s findings and conclusions.
3-7. Performance of Contractor
General: Skilled and competent workers shall perform all work in a timely, neat, and orderly manner. City may refuse to accept work or workers who do not meet these standards. Contractor shall be responsible for any damage caused by its operations and shall repair or replace, as directed by the City, said damage within a reasonable time.
City's Right to Inspect and Require Work: The City of Calimesa reserves the right to make such inspections whenever necessary to ascertain that the requirements of this agreement are being fulfilled. Deficiencies noted shall be promptly corrected at Contractor's expense.
If Contractor fails to perform the work required by the terms of this agreement in a diligent and satisfactory manner, the City may, after 15 days' written notice to Contractor, perform or cause to be performed, all or any part of the work required hereunder. Contractor agrees that it will reimburse the City, and the City may deduct the amount from any sum owed Contractor. The
City of Calimesa
33 waiver by the City of a breach of any provision of this agreement by Contractor shall not operate or be construed as a waiver of any subsequent breach by Contractor.
City of Calimesa
34 APPENDIX A
CONTRACT AGREEMENT DOCUMENTS
City of Calimesa
35 AGREEMENT
THIS AGREEMENT is made and entered into this _______ day of ___________ 2025, by and between the City of Calimesa, a municipal corporation, hereinafter referred to as “City”, and , located at
Contractor / Company Name Street Address
hereinafter referred to as
“Contractor".
City State Zip Code Phone
PROJECT: CITY ROOFING PROJECT BID NO. 2025-03 Tile Roof Repair at Norton Younglove Senior Center
WITNESSETH, in this consideration of their covenants, the parties hereto agree as follows:
The contract documents for the Project shall consist of the Notice Inviting Informal Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications and appendices; together with this Agreement and all required bonds, indemnity, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively, the “Contract Documents”). The Contract Documents are made a part hereof as though fully set forth herein.
In consideration of such work, City agrees to pay Contractor and Contractor agrees to accept the sum of _____________________________________________________and No/Cents, ($____________) in the manner provided in the Contract Documents and subject to adjustment provided therein.
Concurrently with the execution of this Agreement, Contractor shall file with the City the bonds and certificates of insurance specified in the Contract Documents and subject to adjustment provided therein.
This Contract shall not be assigned without the written permission of the City Council.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.
ATTEST: CITY OF CALIMESA
A Municipal Corporation
Darlene Gerdes, City Clerk Date William Davis, Mayor Date FUNDS AVAILABLE:
CONTRACTOR:
Celeste Reid, Finance
Director
Date Date
Margaret Monson, Public
Works Director
Date Date
APPROVED AS TO FORM:
Quinn Barrow, City Attorney Date
City of Calimesa
36 CONTRACTOR’S PAYMENT BOND
Public Contract
KNOW ALL BY THESE PRESENTS: That
As Principal (herein called “Principal”) and
As Surety (herein called “Surety”)
are held and firmly bound unto the City of Calimesa, a Municipal Corporation of the State of California (herein called “Obligee”), in just and full sum of ($______________________), lawful money of the United States of America, (said sum being equal to 100% of the estimated amount payable by the terms hereinafter described Contract) for the payment of which, well and truly to be made, we hereby bind ourselves and our, and each of our, heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, Principal has been awarded a Contract for the following described work of improvement and is required by Obligee to give this bond in connection with the execution of the written Contract therefore, NOW, THEREFORE, if Principal or his subcontractors shall fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, the Surety will pay for the same, in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney’s fee to be fixed by the court. This bond shall insure to the benefit of any and all persons entitled to file claims under the Civil Code so as to give a right of action to them or their assigns in any suit brought upon the bond.
No extension of time granted to the Principal and no change or alteration in any of the terms of the Contract or the Contract documents or the work to be performed hereunder, whether made after notice of not, shall release or otherwise affect the obligations of the Surety hereunder, and the Surety waives notice of any such extension, change, or alteration. The Surety, by the execution of this bond, represents and warrants that this bond has also been duly executed by the Principal with proper authority, and the Surety hereby waives any defense, which it might have by reason of any failure of the Principal to execute or properly execute this bond.
In the event suit is brought upon this bond by the Obligee and judgment is recovered by the Obligee, court costs, including reasonable attorney’s fees, shall be an additional obligation of this bond for which Principal and Surety shall be liable.
Signed and Sealed this ____________________ day of ___________________, 2025,
PRINCIPAL
APPROVED AS TO FORM:
SURETY
NOTE TO SURETY COMPANY:
The following form of acknowledgment should be
used. If any other form of acknowledgment is used,
there must be submitted a certified copy of unrevoked
resolution of authority for the attorney-in-fact.
By:
Date:
(SURETY CO. ATTORNEY-IN-FACT)
ATTACH APPROPRIATE JURAT (S)
City of Calimesa
37 PERFORMANCE BOND
Public Contract
KNOW ALL BY THESE PRESENTS: That
As Principal (herein called “Principal”) and
As Surety (herein called “Surety”)
are held and firmly bound unto the City of Calimesa, a municipal corporation of the State of California (herein called “Obligee”), in just and full sum of ($_____________________), lawful money of the United States of America, (said sum being equal to 100% of the estimated amount payable by the terms of the hereinafter described Contract) for the payment of which, well and truly to be made, we hereby bind ourselves and our, and each of our, heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, Principal has been awarded a Contract for the following described work of improvement and is required by Obligee to give this bond in connection with the execution of the written Contract therefor, NOW, THEREFORE, if Principal shall well and truly do and perform each and all of the covenants, conditions, and agreements of said Contract on the Principal’s part to be done and performed, and any and all alterations thereof made herein provided, at the time and in the manner therein specified, and shall indemnify and save harmless the Obligee, its officers, agents, and employees, as therein stipulated, then this obligation shall be null and void, otherwise it shall remain in full force and effect.
No extension of time granted to the Principal and no change or alteration in any of the terms of the Contract or the Contract Documents or the work to be performed there under, whether made after notice or not, shall release or otherwise affect the obligation of the Surety hereunder, and the Surety waives notice of any such extension, change, or alteration. The Surety, by the execution of this bond, represents and warrants that this bond has also been duly executed by the Principal with proper authority, and the Surety hereby waives any defense, which it might have by reason of any failure of the Principal to execute or properly execute this bond.
In the event suit is brought upon this bond by the Obligee and judgment is recovered by the Obligee, court costs, including reasonable attorney’s fees, shall be an additional obligation of this bond for which Principal and Surety shall be liable.
Signed and Sealed this ____________________ day of ___________________, 2025.
PRINCIPAL
APPROVED AS TO FORM:
SURETY
NOTE TO SURETY COMPANY:
The following form of acknowledgment should be
used. If any other form of acknowledgment is used,
there must be submitted a certified copy of unrevoked
resolution of authority for the attorney-in-fact.
By:
Date:
(SURETY CO. ATTORNEY-IN-FACT)
ATTACH APPROPRIATE JURAT (S)
City of Calimesa
38 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, 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
City of Calimesa
39 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
40 CERTIFICATE OF INSURANCE
Worker’s Compensation
WHEREAS, the City of Calimesa has required certain insurance to be provided by:
NOW, THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time.
1. This certificate is issued to: City of Calimesa, City Hall, 908 Park Avenue, Calimesa, CA 92320.
2. The insureds under such policy or policies are:
3. Worker’s Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds, as follows:
Policy Number Effective Date Expiration Date
4. Said policy or policies shall not be canceled, nor shall there be any reduction in coverage or limits or liability, unless and until thirty (30) days written notice thereof has been served upon the City Clerk of the City of Calimesa.
APPROVED AS TO FORM:
City Attorney
Date:
City of Calimesa
41 APPENDIX B
SITE LOCATION
City of Calimesa
42 LOCATION MAP
Calimesa City Hall
908 Park Avenue, Calimesa, CA 92320
SENIOR CENTER
City Council Meeting
Agenda Report
Agenda Item No. 11
SUBJECT: AWARD OF A PUBLIC WORKS CONTRACT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT
NO. 5.CM.05-24, CALIMESA LIBRARY SIDEWALK
IMPROVEMENT, PHASE I, PROJECT NO 2023-09 AND
APPROVE THE PLANS AND SPECIFICATIONS AND A
BUDGET ALLOCATION FOR THE SAME
MEETING DATE: SEPTEMBER 15, 2025
PREPARED BY: Will Kolbow, City Manager
Mari Shakir, Public Works Director
RECOMMENDATION: That the City Council:
a) adopt Resolution No. 2025-49 approving the Plans and Specifications for Community Development Block Grant Project No. 5.CM.05-24, Calimesa Library Sidewalk Improvement, Phase I, Project No 2023-09 (the “Project”); b) award a public works contract for the Project in the amount of $41,610.00 to Kormex Construction, Inc. of Ontario, California;
c) authorize a construction contingency for the amount of $4,500; and d) allocate additional funding for the Project.
BACKGROUND: The City Council approved an application for funding from the federal Community Development Block Grant (CDBG) and a plan for the Calimesa Library Sidewalk Improvement, Phase I, Project No 2023-09 (Project) December 18, 2023. This plan would provide ADA compliant sidewalk fronting the new Library and an ADA accessible path behind the drive approach. The original engineer’s estimate for construction at the time of application was approximately $34,482. Following Council approval, staff began the design of the plans for the Project. Riverside County Department of Housing and Workforce Solutions (HWS) administers CDBG funding on behalf of the federal government awarded the grant in July of 2024. The agreement was fully executed and a combined Authorization to incur costs and notice of required training was issued in October of 2024. The first bid opened in April 2025 was rejected by Council June 2, 2025 for lack of required bid documents.
DISCUSSION: Staff advertised for the second public bidding on the construction project in eleven publications and electronic bid websites as well as personal contact with contractors.
There were three (3) plan holders and the bid opening was held on July 16, 2025. Nine bids were received with Van Engineering, Inc. being the apparent lowest bidder.
The table below lists the bid as received:
BIDDER BID AMOUNT
1 Van Engineering Inc $41,610.00
2 ADA General Engineering, Inc. Non-responsive
3 Eleazar General Engineering Inc. Non-responsive
4 S&H Civilworks Non-responsive
5 AZA Construction $50,959.35
6 Gentry General Engineering, Inc $42,686.00
7 Jergensen Concrete, Inc Non-responsive
8 4D Surface Management, Inc. $77,938.00
9 Pavement Rehab Company $63,000.00
Four bidders were deemed non-responsive as the bids were missing the required federal forms. Staff recommend awarding the construction contract to Van Engineering, Inc. for the bid amount of $41,610. Their bid has been deemed responsive; licenses and references are all favorable and Riverside County HWS staff has approved the bid documents and authorized award.
FISCAL IMPACT: Council approved a preliminary estimated construction budget of $42,185 for the Project in June 2025. The lowest responsive bid is $41,610. Additional appropriations of $14,290 are required for the total estimated project cost of $88,810. The following budget adjustment is recommended, increase Streets (20-2099-8700) by $14,290. The total project budget to complete the construction is outlined in the table below:
BUDGET AMOUNT
Available Funding
1 CDBG Funding $40,658
2 ADA Fund $15,817
3 General Fund $32,335
Total $88,810
Design, Construction, Management
1 Design/Bidding/Project Management $ 32,500
2 Construction $41,610
3 Contingency $4,500
4 Construction management and inspection, estimated $10,200 5 GRAND TOTAL $88,810
Based on the table above, the City has adequate funding to pay for this project, however, the funding shall be allocated by Resolution No. 2025-49. It should be noted that the Design/Bidding/Project Management and construction management portions of the project, totaling $32,500, will be provided by Charles Abbott and Associates staff, and inspection services in the amount of $10,200 shall be provided by TKE Engineering staff whom the City contracts for Public Works staff augmentation.
ATTACHMENTS:
Attachment A: Van Engineering, Inc. bid.
Attachment B: Contract Documents
Attachment C: Resolution No. 2025-49
Attachment D: Wage Determination
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CITY OF CALIMESA
CONTRACT AGREEMENT
FOR
CALIMESA LIBRARY ADA IMPROVEMENT PROJECT
BID NO. 2023-09
IN THE CITY OF CALIMESA
This Contract Agreement is made and entered into for the above-stated project this day of , 20 , BY AND BETWEEN the City of Calimesa, as CITY, and , as CONTRACTOR, as
known herein as CONTRACTOR.
WITNESSETH that CITY and CONTRACTOR have mutually agreed as follows:
ARTICLE I
The contract documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and appendices; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein.
ARTICLE II
For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above- stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents.
ARTICLE III
CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
ARTICLE IV
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to
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pay the same at the time, in the manner, and upon the conditions set forth in the contract documents.
ARTICLE V
CONTRACTOR acknowledges the provisions of the California State Labor Code requiring 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 certifies compliance with such provisions.
Contractor further acknowledges the provisions of the California State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract as determined by the Director of Labor Relations of the State of California.
ARTICLE VI
CONTRACTOR agrees to indemnify, defend, and hold harmless CITY, COUNTY and all of its officers and agents from any claims, demand or causes of action, including related expenses, attorney’s fees, and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder.
HOLD HARMLESS CLAUSE
Contractor shall hold the City of Calimesa and County of Riverside, its officers, agents and employees free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of principal, its officers, agents, employees or Sub-Contractors relating to or in any way connected with or arising from the accomplishment of the work, whether or not such acts or omissions were in furtherance of the work required by the Contract Documents and agrees to defend at his expense, including attorney fees, Owner, County of Riverside, its officers, agents, employees and Independent Architect in any legal action based on any alleged acts or omissions.
ARTICLE VII
CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest herein the City of Calimesa, County of Riverside, IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in triplicate by setting hereunto their names, titles, hands, andseals this day of
, 20__.
Special Federal Requirements
1. Contractor and Owner do hereby acknowledge that this project will be partially or fully funded with Community Development Block Grant (CDBG) funds [24 CFR 570] and is therefore subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations.
2. Contractor shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, the State of California, the Federal government, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of thisAgreement.
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3. Contractor shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC a-276, a5) and the implementation regulations thereof. Contractor shall comply with the U.S. Department of Housing and Urban Development’s Federal Labor Standards Provisions (HUD 4010).
4. Contractor acknowledges that work under this contract is subject to the payment of prevailing wages pursuant to Section 1770 and 1773 et seq. of the Labor Code of the State of California, the Director of Industrial Relations (State Prevailing Wages), and the U.S. Department of Housing and Urban Development’s Federal Labor Standards Provisions (Davis-Bacon Act Prevailing Wages).
The Contractor to whom the contract is awarded, and all subcontractors under him, shall pay the higher of the Federal or State prevailing wage rate for any given classification employed in the performance of this contract.
Contractor acknowledges that the applicable Wage Determination for this project is:
General Decision Number:CA 20250025
Modification Number: 6
Date: 3/28/2025
Additional Federal Requirements
Whereas, the work under this Agreement is subject to applicable Federal, State, and local laws and regulations, including but not limited to the regulations pertaining to the Community Development Block Grant program (24 CFR Part 570) and 2 CFR Part 200. Contractor, sub-contractors, Consultants, and sub-consultants agree to comply with, and are subject to, all applicable requirements as follows:
1. Equal Employment Opportunity - Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). The Contractor/Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor/Consultant will ensure that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor/Consultant will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to their race color, religion, sex, or national origin. Such actions shall include, but are not limited to, the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The Contractor/Consultant agrees to post in a conspicuous place, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this non-discriminating clause.
2. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c: All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations toHUD.
3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7: When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than
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$2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction”).
Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor.
In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to HUD.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333: Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–333), as supplemented by Department of Laborregulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement— Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD.
6. Rights to Data and Copyrights – Contractors and consultants agree to comply with all applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27.4, Federal Acquisition Regulations (FAR).
7. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended—Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA).
8. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)— Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
9. Debarment and Suspension (E.O.s 12549 and 12689)—No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Non-procurement Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension,” as set forth at 24 CFR part 24. This list contains the names of parties debarred,
D-5
suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.
10. Drug-Free Workplace Requirements—The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F.
11. Access to Records and Records Retention: The Consultant or Contractor, and any subconsultants or sub-contractors, shall allow all duly authorized Federal, State, and/or County officials or authorized representatives access to the work area, as well as all books, documents, materials, papers, and records of the Consultant or Contractor, and any sub-consultants or sub-contractors, that are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions. The Consultant or Contractor, and any sub-consultants or subcontractors, further agree to maintain and keep such books, documents, materials, papers, and records, on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.
12. Federal Employee Benefit Clause: No member of or delegate to the congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise from the same.
13. Energy Efficiency: Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871).
14. Procurement of Recovered Materials (2 CFR 200.322.) A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
CONTRACTOR:
(Title)
Contractor's License No. Class
CITY Business License No.
Federal Tax Identification No.
Subscribed and sworn to this day of , 20__ .
NOTARY PUBLIC
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CITY: ,
Date:
_
Mayor of the City of Calimesa
Attested ,
Date: _______________________
_
City Clerk of the City of Calimesa
Approved as to form _,
Date: _______________________
City Attorney of the City of Calimesa
RESOLUTION NO. 2025-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA AWARDING A PUBLIC WORKS CONTRACT TO
KORMEX CONSTRUCTION, INC. FOR CONSTRUCTION OF
CDBG PROJECT NO. 5 CM.05-24, CALIMESA LIBRARY ADA
IMPROVEMENT PROJECT NO. 2023-09 AND APPROVING THE
PLANS AND SPECIFICATIONS AND A BUDGET ALLOCATION
FOR THE SAME
WHEREAS, the City Council previously approved an application for funding from the federal Community Development Block Grant (CDBG) and plan for ADA accessible walkway improvements along the frontage of the Calimesa Library, which project is now designated as CDBG Project No. 5. CM.05-24 Calimesa Library ADA Improvement Project No. 2023-09 (the “Project”); and
WHEREAS, the City previously entered into a Supplemental Agreement with Riverside County Department of Housing and Workforce Solutions (HWS) for the Projects;
WHEREAS, the City issued a notice inviting bids on the project, which notice is available on the City’s website and includes the required Contract Documents for the Project, which are hereby incorporated by this reference as though set forth in full; and
WHEREAS, the City received nine (9) bids in response to its Notice Inviting Bids for the Project, of which the lowest responsive bid was submitted by Van Engineering, Inc.; and
WHEREAS, the City has reviewed the bid package submitted by Van Engineering, Inc. and determined that the package is complete and that the bidder has acceptable references, qualifications and work experience.
THE CITY COUNCIL HEREBY RESOLVES AND ORDERS AS FOLLOWS:
SECTION 1. The City Council hereby approves the Project Plan and Specifications, finds Van Engineering, Inc., to be the lowest responsible bidder for the Project, and awards the public works contract for the Project in the amount of $41,610.00 to Van Engineering, Inc.
SECTION 2. The Council hereby authorizes the City Manager to pay a construction contingency of $4,500 on an as-needed basis and directs the City Manager to execute the Contract Documents on behalf of the City in a form substantially the same as they appear in the bid package.
SECTION 3. The Project is partially funded by CDBG Funds in the amount of $40,658, City ADA Funds in the amount of $15,817, and the General Fund in the
2 amount of $32,335 and the City Council hereby allocates additional Project funding in the amount of $14,290 to increase Streets (20-2099-8700) by $14,290.
SECTION 4. The City Clerk shall certify the passage and adoption of this resolution.
PASSED, APPROVED AND ADOPTED on the 15th day of September 2025. ____________________________
LINDA MOLINA, MAYOR
ATTEST:
______________________________________
DARLENE GERDES, CITY CLERK
"General Decision Number: OR20240099 09/06/2024
Superseded General Decision Number: OR20230099
State: Oregon
Construction Type: Building
County: Linn County in Oregon.
BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).
Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).
______________________________________________________________ |If the contract is entered |� Executive Order 14026 |
|into on or after January 30, | generally applies to the | |2022, or the contract is | contract. |
|renewed or extended (e.g., an |� The contractor must pay | |option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $17.20 per hour (or |
| | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2024. |
|______________________________|_____________________________| |If the contract was awarded on|� Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. |
|contract is not renewed or |� The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.90 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours performing on that |
| | contract in 2024. |
|______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2024
1 01/12/2024
2 01/19/2024
3 02/02/2024
4 02/16/2024
5 04/12/2024
6 04/26/2024
7 05/31/2024
8 06/07/2024
9 07/05/2024
10 07/19/2024
11 09/06/2024
ASBE0036-003 04/01/2024
Rates Fringes
HEAT & FROST INSULATOR...........$ 60.62 22.11
---------------------------------------------------------------- BROR0001-005 06/01/2023
Rates Fringes
BRICKLAYER.......................$ 45.42 24.20
---------------------------------------------------------------- BROR0001-009 05/01/2023
Rates Fringes
TILE FINISHER....................$ 29.12 15.53
TILE SETTER......................$ 38.96 20.86
---------------------------------------------------------------- CARP0503-001 06/01/2023
Rates Fringes
DRYWALL HANGER...................$ 44.74 19.45
---------------------------------------------------------------- ELEC0280-001 01/01/2024
9/9/25, 1:55 PM SAM.gov
https://sam.gov/wage-determination/OR20240099/11
Page
1/4
175 of 321
Rates Fringes
ELECTRICIAN......................$ 55.27 22.27
---------------------------------------------------------------- ENGI0701-001 01/01/2024
Rates Fringes
OPERATOR: Bulldozer.............$ 54.75 16.90
OPERATOR: Grader/Blade..........$ 54.75 16.90
OPERATOR: Loader................$ 54.75 16.90
---------------------------------------------------------------- ENGI0701-041 01/01/2024
Rates Fringes
OPERATOR: Forklift..............$ 45.81 16.90
OPERATOR: Oiler.................$ 45.81 16.90
---------------------------------------------------------------- ENGI0701-042 01/01/2024
Rates Fringes
OPERATOR: Roller................$ 50.27 16.90
---------------------------------------------------------------- ENGI0701-044 01/01/2024
Rates Fringes
OPERATOR: Crane
300-399 Ton.................$ 58.82 16.90
90-199 Ton..................$ 54.75 16.90
---------------------------------------------------------------- * IRON0029-001 01/01/2024
Rates Fringes
IRONWORKER.......................$ 43.82 34.02
---------------------------------------------------------------- LABO0737-025 06/01/2023
Rates Fringes
LABORER: Mason Tender -
Cement/Concrete..................$ 41.29 16.80
---------------------------------------------------------------- LABO0737-035 06/01/2023
Rates Fringes
LABORER: Common or General......$ 36.11 16.80
---------------------------------------------------------------- LABO0737-036 06/01/2023
Rates Fringes
LABORER: Hod Carrier............$ 41.29 16.80
---------------------------------------------------------------- LABO0737-038 06/01/2023
Rates Fringes
LABORER: Pipelayer..............$ 37.41 16.80
---------------------------------------------------------------- PAIN0010-009 07/01/2023
Rates Fringes
DRYWALL FINISHER/TAPER...........$ 42.52 20.78
---------------------------------------------------------------- PAIN0010-010 07/01/2024
Rates Fringes
PAINTER..........................$ 35.62 15.80
---------------------------------------------------------------- PAIN0740-001 07/01/2024
Rates Fringes
GLAZIER..........................$ 51.90 22.97
---------------------------------------------------------------- PLAS0555-007 06/01/2024
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 45.13 20.05
---------------------------------------------------------------- PLUM0290-001 04/01/2024
Rates Fringes
PIPEFITTER.......................$ 57.92 33.70
---------------------------------------------------------------- PLUM0290-002 04/01/2024
Rates Fringes
PLUMBER..........................$ 57.92 33.70
---------------------------------------------------------------- SHEE0016-003 07/01/2024
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Rates Fringes
SHEET METAL WORKER...............$ 53.55 29.61
---------------------------------------------------------------- SUOR2018-019 08/25/2023
Rates Fringes
CARPENTER, Excludes Drywall
Hanging..........................$ 27.75 5.69
OPERATOR:
Backhoe/Excavator/Trackhoe.......$ 37.38 16.53
OPERATOR: Bobcat/Skid
Steer/Skid Loader................$ 20.43 2.31
OPERATOR: Drill.................$ 27.54 14.10
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete).........$ 35.76 3.60
ROOFER...........................$ 33.19 0.00
TRUCK DRIVER: Dump Truck........$ 21.30 5.66
---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).
---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which 9/9/25, 1:55 PM SAM.gov
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these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
State Adopted Rate Identifiers
Classifications listed under the ""SA"" identifier indicate that the prevailing wage rate set by a state (or local) government was adopted under 29 C.F.R �1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 01/03/2024 reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION"
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City Council Meeting
Agenda Report
Agenda Item No. 12
SUBJECT: AGREEMENT WITH CHARLES ABBOTT ASSOCIATES, INC. FOR
NPDES PROGRAM MANAGEMENT AND INSPECTION
SERVICES
MEETING DATE: September 15, 2022
PREPARED BY: Mari Shakir, Public Works Director
RECOMMENDATION: That the City Council authorize the City Manager to execute a Professional Services Agreement with Charles Abbott Associates, Inc. (CAA) for National Pollutant Discharge Elimination System (NPDES) Program Management and Inspection Services in an amount not-toexceed $62,500 for Fiscal Year 2025/2026.
BACKGROUND: The City has historically relied on Charles Abbott Associates, Inc. (CAA) to provide Public Works Director services, which included oversight of stormwater and NPDES compliance functions. With the Public Works Director position now brought in-house, there remains a need for specialized program management and inspection support to ensure compliance with state and federal stormwater regulations.
CAA has prepared a proposal outlining the scope of services for Fiscal Year 2025/2026, including:
• Storm Water Program Management (annual reporting, TMDL compliance, MS4 permit participation, WQMP oversight, and related coordination) • Annual Business Facility Compliance Inspections
• Construction Site Inspections oversight
In order to avoid disruption in compliance activities, the City Manager, under his purchasing authority, issued a limited Notice to Proceed (NTP) in the not-to-exceed amount of $10,000. This allowed CAA to commence services immediately while the full agreement is brought forward for Council approval.
DISCUSSION: CAA has served the City for many years and has the experience, staffing, and familiarity with Calimesa’s operations to continue providing cost-effective program management and inspection services. Retaining CAA for these specialized services will allow City staff to focus on core operational duties while ensuring regulatory compliance.
Although CAA’s proposal includes construction site inspections, these inspections are currently performed by TKE Engineering under separate contract. Accordingly, the City does not anticipate using CAA for construction site inspections. Instead, CAA will coordinate with TKE to ensure inspections are properly documented and integrated into the City’s stormwater compliance program.
For this reason, while the not-to-exceed amount is set at $62,500, actual expenditures are expected to be lower.
The proposed agreement will replace the broader Public Works Director services contract that CAA previously held, focusing specifically on NPDES and environmental compliance.
FISCAL IMPACT: There is $43,400 budgeted in the NPDES – Consultant line item within the Public Works Fund and an additional $44,800 budgeted in the Professional Services – Contract Services line item. Together, these appropriations are sufficient to fund the proposed agreement’s not-toexceed amount of $62,500.
The initial $10,000 limited NTP was issued within City Manager authority and will be credited toward the overall contract not-to-exceed amount. Because TKE Engineering conducts construction site inspections, the City does not anticipate using the full $62,500, and actual expenditures should be below the contract ceiling.
ATTACHMENTS:
Attachment A: CAA Fee Proposal
Attachment B: Professional Services Agreement
Fee ProposalforNPDES Program Management
andInspection Services for FY 25-26
Prepared for
City of Calimesa
Ms. Mari Shakir
Public Works Director
908 Park Avenue
Calimesa, CA 92320
July 14, 2025
By:
Charles Abbott Associates, Inc.
27201 Puerta Real Ste 200
Mission Viejo, CA 92691
Toll Free: (866) 530-4980
www.caaprofessionals.com
- since 1984 -
Charles Abbott Associates, Inc.
“Helping public agencies provide effective and efficient municipal services to improve communities since 1984”
professional services 2
ESTIMATED LABOR HOURS AND FEE PROPOSAL
SUB-TASK DESCRIPTION
Project
Manager/
Quality
Control
Program
Manager
Environmental
Inspector
Total
Cost
Hourly Rate $175 $135 $100
Provide Storm Water
Program Management
Services (including but not
limited to):
-Applicable meeting
participation
-Annual training coordination
-Annul reporting efforts
-TMDL compliance efforts
-WQMP consultant oversight
-MS4 Permit renewal
participation
50 250 0 $42,500
Conduct Annual Business
Facility Compliance
Inspections
0 0 100 $10,000
Conduct Construction Site
Inspections 0 0 100 $10,000
GRAND TOTAL “NOT-TO-EXCEED” AMOUNT $62,500
CAA’s Fee Schedule and Standard Hourly Rates are shown in the tables below.
STANDARD HOURLY RATE SCHEDULE
Title/Staff Hourly Rate
1. Project Manager, Rae Beimer $175.00
2. Program Manager, Nyles O’Harra $135.00
3. Environmental Inspector, Matteo Mesinas and Nyles O’Harra $100.00 The above hourly rates include general and administrative overhead and fees and employee payroll burden.
The above hourly rates are subject to an annual adjustment based upon increases adopted by Charles Abbott Associates, Inc. as reflected in the Consumer Price Index (CPI).
AGREEMENT FOR NPDES PROGRAM
MANAGEMENT AND INSPECTION SERVICES
BETWEEN THE CITY OF CALIMESA AND CHARLES
ABBOTT ASSOCIATES, INC. (CAA)
THIS AGREEMENT is made and effective as of September 15, 2025, by and between the City of Calimesa, a California municipal corporation ("City") and Charles Abbott Associates, Inc. ("CAA" or "Consultant"), a California corporation.
RECITALS
A. The City requires the services of Consultant to provide NPDES program management services, as more particularly described in this Agreement.
B. On July 14, 2025, the Consultant submitted a proposal for the services requested.
C. Consultant represents that it has the experience, staff and capability to provide the contract NPDES program management and inspection services to the City.
D. On August 6, 2025, the City issued a limited Notice to Proceed in a not-to-exceed amount of $10,000 for NPDES program management and inspection services as to not cause interruption to time-sensitive tasks.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM.
This Agreement shall commence on October 01, 2025 and shall remain and continue in effect until September 30, 2030 unless earlier terminated pursuant to the provisions of this Agreement.
Any extension of the term shall require approval by the City Council.
2. SERVICES.
Consultant shall perform the services and tasks described below:
A. Stormwater Program Management Services
1) Participate in Santa Ana Region TAC meetings and
coordinate any applicable meetings with City staff
2) Attend and coordinate required trainings for staff
3) Compile and submit data for annual reporting
4) Manage City’s TMDL compliance efforts
5) Conduct oversight of WQMP process
6) Participate in MS4 Permit renewal activities.
B. Commercial and Industrial Inspections
1) Conduct commercial and industrial inspections at a
frequency outlined in the MS4 permit
2) Provide educational materials to businesses out of
compliance.
3) Maintain a database of covered businesses.
C. Construction Inspections
1) Coordinate with City inspector to ensure inspections are properly documented.
2) Assist in getting problem sites back into compliance. 3) Cover inspections as needed and requested by City
inspector.
D. Miscellaneous Support Services/Other Services
1) Provide services as requested, and subject to approval by the City Manager, to support the Public Works and Code Enforcement Departments with NPDES compliance activities.
3. PERFORMANCE.
Consultant shall at all time faithfully, competently and to the best of its ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. PAYMENT.
A. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The compensation under this agreement shall not exceed $62,500 (sixty-two thousand five hundred dollars) annually unless approved by the City Council.
B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance by the City and approved in writing by the City Manager.
C. Consultant will submit detailed monthly invoices for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice.
D. In each invoice, Consultant shall provide detailed specifications of services performed for each development deposit account and for each other project assigned by the City with sufficient description to explain and justify the work performed and the amount of time on specific tasks to the City and the applicant.
Time entries shall be calculated in not greater than one-quarter (1/4) of an hour increments. Generalized "block billing" of time spent, shall not be permitted. Time entries should be divided into each task or subject performed rather than grouped together in large time blocks in order that the City and applicants can understand how much time each task or subject took to perform and the amount billed for that task or subject.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT
CAUSE.
A. Either party may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the other party at least thirty (30) days prior written notice. Upon receipt of said notice from City, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work is performed in accordance with this Agreement. Upon termination of the Agreement pursuant to this Section, Consultant will submit an invoice to the City pursuant to Section 4.
6. DEFAULT OF CONSULTANT.
A. Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to Consultant. If such failure by Consultant to make progress in the performance of work hereunder arises out of causes beyond Consultant's control, and without fault or negligence of Consultant, it shall not be considered a default.
B. If the City Manager or his delegate determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, it
shall serve Consultant with written notice of the default. Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance, approval of which shall not be unreasonably withheld. In the event that Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
7. OWNERSHIP OF DOCUMENTS.
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City or its designees at reasonable times to such books and records, shall give the City the right to examine and audit said books and records, shall permit the City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
C. Consultant shall not be liable for any modification or re-use of the City owned materials for purposes outside of this Agreement.
8. INDEMNIFICATION.
A. Indemnity for Professional Services. In connection with its professional services, Consultant shall defend, hold harmless and indemnify the City and City, and their elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, (collectively, "lndemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, to the extent caused by the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, subcontractors, or agents in the performance of its professional
services under this Agreement. Consultant shall defend the lndemnitees in any action or actions filed in connection with any such claims with counsel approved by the City, which approval shall not be unreasonably withheld, and shall pay all costs and expenses, including reasonable attorney's fees, incurred in connection with such defense.
B. Other Indemnities. In connection with all claims not covered by Paragraph A, Consultant shall defend, hold harmless and indemnify the City and City, and their elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, (collectively, "lndemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, caused by Consultant's performance of this Agreement. Consultant shall defend lndemnitees in any action or actions filed in connection with any such claims with counsel approved by the City, which approval shall not be unreasonably withheld, and shall pay all costs and expenses, including reasonable attorney's fees, incurred in connection with such defense.
9. INSURANCE REQUIREMENTS.
Consultant 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 Consultant, its agents, representatives, or employees.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the
State of California and Employer's Liability Insurance. If Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees.
4) Professional Liability Insurance shall be written on a policy form providing professional liability for Consultant's profession.
8. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1) General Liability: Two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: Two million dollars ($2,000,000) per accident for bodily injury and property damage.
3) Worker's Compensation as required by the State of
California; Employer's Liability: Two million dollars ($2,000,000) per accident for bodily injury or disease.
4) Professional Liability coverage: One million
dollars ($1,000,000) per claim and two million dollars
($2,000,000) in aggregate.
C. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and designated volunteers; or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. 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 designated volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or designated volunteers. 2) For any claims related to this project, Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and designated volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or designated volunteers shall be in excess of Consultant's insurance and shall not contribute to it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or designated volunteers. 4) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) The Consultant's insurance policies required by this Agreement shall contain 30-day notice provisions to Consultant for non-renewal and cancellation except for cancellation due to non-payment of premium in which a 10-day notice to Consultant shall apply. Consultant shall provide advance written notice to City for any change in insurance specified in this section which would not be provided directly to the City by the insurance carrier.
E. Acceptability of Insurers. Insurance is to be placed with insurers with a current AM. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements.
F. Verification of Coverage. Consultant shall furnish the City with certificates of insurance effecting coverage required this Section. The certificates shall be signed by a person authorized by the insurer to bind coverage on its behalf. Upon City's request, Consultant shall provide completed certified copies of all required insurance policies, including endorsements affected coverage required by this Section.
10. INDEPENDENT CONTRACTOR.
A. Consultant is and shall at all times remain as to the City and City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither the City nor any of their officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against the City, or bind the City in any manner, without the prior approval of the City Manager or City Council.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for the City.
The City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES.
Consultant shall use the standard of care of its profession to keep itself informed of all applicable local, State and Federal ordinances, laws and regulations which in any manner may affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Consultant shall observe and comply with all such ordinances, laws and regulations. Consultant and its officers and employees, shall not be liable at law or in equity occasioned by failure of Consultant to comply with this section. If a conflict between such ordinances,
laws and regulations arises, thereby causing Consultant to not comply with the terms of this section, Consultant will immediately advise City of the situation in writing at which time both parties shall work together to seek resolution and City will not interpret such conflict as a breach of this Agreement by Consultant.
12. RELEASE OF INFORMATION.
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without the City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives the City notice of such court order or subpoena.
8. Consultant shall promptly notify the City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. The City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant. However, the City's right to review any such response does not imply or mean the right by the City to control, direct, or rewrite said response.
13. NOTICES.
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
To City: City of Calimesa
Mailing Address:
908 Park Avenue
Calimesa, California, 92320
Attention: City Manager
To Consultant. Charles Abbott Associates, Inc.
Mailing Address:
27201 Puerta Real, Suite 200
Mission Viejo, Ca 92691
Attention: Rusty Reed, President/CEO
14. ASSIGNMENT.
Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City and Consultant.
15. LICENSES.
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
16. GOVERNING LAW.
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Calimesa. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
17. PROHIBITED INTEREST.
No officer, or employee of the City shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, Consultant, or Consultant's subcontractors for this project, during his/her tenure or for one year thereafter.
Consultant hereby warrants and represents to the City that no officer or employee of the City has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of Consultant or Consultant's subcontractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
18. NON-DISCRIMINATION.
In the performance of the services required by this Agreement, Consultant
agrees not to violate applicable laws regarding discrimination against any person or class of persons by reason of gender, marital status, race, color, creed, mental or physical disability, religion, age, ancestry, or national origin.
19. CONSTRUCTION AND INTERPRETATION.
The terms of this Agreement shall be construed in accordance with the meaning and language used and shall not be construed against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa.
20. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. In the event of a conflict between the provisions of this Agreement and the exhibits hereto, the text of this Agreement shall prevail.
21. AMENDMENT OR SUPERCEDING AGREEMENT.
This Agreement may be amended at any time by written agreement of the parties. In addition, this agreement may be superseded at any time by a new agreement entered into by the parties without having to provide notice of termination of the prior agreement.
22. AUTHORITY TO EXECUTE THIS AGREEMENT.
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF CALIMESA
William Kolbow, City Manager
ATTEST:
Darlene Gerdes, City Clerk
CONSULTANT
CHARLES ABBOTT ASSOCIATES (CAA)
By:
Name: Rusty Reed
Title: President/CEO
By:
Name: Rae Beimer
Title: Director
EXHIBIT A
PAYMENT TERMS
Project Manager
Program Manager
Environmental Inspector
Cost Per Hour
$175.00
$135.00
$100.00
The hourly rates above include all direct and indirect expenses associated with the assignment including vehicles, iPads and cellular telephone costs.
City Council Meeting
Agenda Report
Agenda Item No. 13
SUBJECT: AGREEMENT FOR PARK SERVICES AT SUMMERWIND PARK
WITH BEAUMONT CHERRY VALLEY RECREATION AND PARK
DISTRICT
MEETING DATE: September 15, 2025
PREPARED BY: Mari Shakir, Public Works Director
RECOMMENDATION: That the City Council approve a new Agreement with Beaumont Cherry Valley Recreation and Park District for Recreation and Maintenance Services at Summerwind Park.
BACKGROUND: The City entered into an agreement with Beaumont Cherry Valley Recreation and Park District (BCVRPD) in 2024 for recreation and maintenance services at Summerwind Park.
That agreement has since expired. Summerwind Park, a 6-acre facility with a ball field, picnic gazebo, playgrounds, basketball court, and restrooms, remains the largest park in the City of Calimesa. The City continues to lack dedicated parks and recreation staff, and Public Works staff has been stretched thin providing limited maintenance services.
DISCUSSION: City staff has negotiated a new agreement with BCVRPD to continue providing essential maintenance and recreation services at Summerwind Park. Under the new agreement, BCVRPD will provide the following maintenance services:
• Opening and closing of park gates – 7 days per week
• Cleaning of restrooms – 3 days per week (Friday – Sunday) • Playground equipment inspections – 2-hour monthly inspections and 4-hour quarterly inspections • Trash collection – 3 days per week (Friday – Sunday)
BCVRPD will also provide programming services for ball field and gazebo reservations and may provide recreation events such as Movies in the Park at the City’s option. The agreement reflects updated service rates and frequencies as provided by BCVRPD, resulting in an estimated annual cost of $49,118.34. This agreement ensures continuity of service and quality maintenance at Summerwind Park while allowing City staff to focus on other public works responsibilities. Staff is recommending the contract term be 3 years with the option to renew for two additional 1-year extensions at the discretion of the City Manager.
FISCAL IMPACT: This agreement will be funded out of the Summerwind Ranch Maintenance CFD 2018-1 (Fund 57). The Fiscal Year 2025-26 budget contains funding for the services described above.
ATTACHMENTS:
Attachment A: Draft Agreement with Beaumont Cherry Valley Recreation and Park District And Scope of Services
Attachment B: BCVRPD Rate Sheet
AGREEMENT FOR SERVICES BETWEEN THE CITY
OF CALIMESA AND BEAUMONT CHERRY VALLEY
RECREATION AND PARKS DISTRICT FOR
RECREATION AND MAINTENANCE SERVICES AT
SUMMERWIND PARK
THIS AGREEMENT for recreation and maintenance services at Summerwind Park ("Agreement") is made and effective as of September 15, 2025, by and between the City of Calimesa, a California municipal corporation ("City"), and the Beaumont-Cherry Valley Recreation and Park District, a California special district ("District"). City and District may be referred to herein as a "Party" or collectively as the "Parties."
RECITALS
A. The City implements parks and recreation programs for the enjoyment of the community.
B. On June 17, 2024, the City entered into a one-year term agreement with the District for recreation and maintenance services at Summerwind Park.
C. The District has successfully provided these services to the City’s satisfaction, and both Parties now desire to continue their partnership through a new agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
1. TERM.
This Agreement shall commence on October 1, 2025, and shall remain and continue in effect for three (3) years, expiring on September 30, 2028, unless sooner terminated pursuant to the provisions of this Agreement. The City Manager shall have the unilateral discretion to extend the Agreement for up to two (2) additional one-year terms.
2. SERVICES.
District shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein by this reference. The City shall perform such services as set forth in Exhibit A to make necessary repairs and to provide documentation to the District to facilitate the District's performance of services.
3. PERFORMANCE.
District shall at all times faithfully, competently and to the best of its ability and experience perform all tasks described herein. District shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of District hereunder in meeting its obligations under this Agreement.
4. PAYMENT.
A. The City agrees to pay District the payment rates as provided in Exhibit A. The total amount theCity pays to the District shall not exceed $55,000 for the term of the Agreement unless additional payment is approved pursuant to Section 4.B.
B. District shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth in the Scope of Services, unless such additional services are authorized in advance by the City and approved in writing by the City Manager.
C. District will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of District fees it shall give written notice to District within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. The District shall have thirty (30) days from receiving such notice to respond to the City with adequate documentation to justify the submitted invoice.
5. TERMINATION OF AGREEMENT WITHOUT CAUSE.
A. This Agreement may be terminated by either Party at any time, for any reason, with or without cause, by giving written notice to the other Party at least ten (10) calendar days before the termination is to be effective. District shall immediately cease all work under this Agreement on or before the date the termination is to be effective as specified in the notice.
B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to District the actual value of the work performed up to the effective date of termination. Upon termination of the Agreement pursuant to this Section, District will submit a final invoice to the City pursuant to Section 4.
6. DEFAULT OF DISTRICT.
A. District's failure to comply with the provisions of this Agreement shall constitute a default. In the event that District is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating District for any work performed after the date of default and can terminate this Agreement immediately by written notice to District. If such failure by District to make progress in the performance of work hereunder arises out of causes beyond District's control, and without fault or negligence of District, it shall not be considered a default.
B. If the City Manager or his/her delegate determines that District is in default in the performance of any of the terms or conditions of this Agreement, it shall serve District with written notice of the default. District shall have ten (10) business days after service of said notice in which to cure the default by rendering a satisfactory
performance. In the event that District fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
7. OWNERSHIP OF DOCUMENTS.
A. District shall maintain complete and accurate records with respect to reports, and other such information required by the City that relate to the performance of services under this Agreement. District shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. District shall provide free access to the representatives of the City or its designees at reasonable times to such records, shall give the City the right to records, shall permit the City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.
B. Upon completion of, or in the event of termination of this Agreement, all original documents and computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of District. With respect to computer files containing data generated for the work, District shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
8. INDEMNIFICATION.
A. District Indemnification To the fullest extent permitted by law, District 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 "City Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, 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 District, its officers, agents, servants, employees, subcontractors, (or any entity or individual that District shall bear the legal liability thereof). District shall defend the City Indemnitees in any action or actions filed in connection with any such claims with counsel of the City's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense.
B. Limitations. Except as provided in Section 8.C, District shall not be liable for any third-party damages, including, but not limited to, death or injury to any person and injury to any property when District was not physically at Summerwind Park during the time of such incurred damages, or for pre-existing conditions of landscaping, terrain, and/or equipment at Summerwind Park.
C. City Indemnification. To the fullest extent permitted by law, City shall, at its sole cost and expense, defend, hold harmless and indemnify District and its officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those District agents serving as independent contractors in the role of District officials (collectively "District Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, 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 City, its officers, agents, servants, employees, subcontractors, (or any entity or individual that City shall bear the legal liability thereof). City shall defend the District Indemnitees in any action or actions filed in connection with any such claims with counsel of the District's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense.
9. INSURANCE REQUIREMENTS.
To the extent permitted by the District's insurance carrier, which is a joint insurance pool, District shall procure and maintain, for the duration of this Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by District, its agents, representatives, or employees.
A. General Liability. Two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
B. Workers' Compensation. A program Workers' Compensation insurance or state-approved Self-Insurance Program in an amount, form and as broad as to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with two million dollars ($2,000,000.00) limits, covering all persons providing services on behalf of the Contractor and all risk to such person under this Agreement. Should the Contractor be self-employed, he must certify under Section 3800 of the California Labor Code, the performance of the work for which this Agreement is issued is without employing any person in any manner so as to become subject to the Workers' Compensation Laws of California.
C. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured 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 District shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City Manager, and the City's officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of District; products and completed operations of District; premises owned, occupied or used by District; or automobiles owned, leased, hired or borrowed by District. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, District's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of District's insurance and shall not contribute to it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
4) District's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
E. Acceptability of lnsurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
Self insurance shall not be considered to comply with these insurance requirements.
F. Verification of Coverage. District shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, District's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
10. INDEPENDENT CONTRACTOR.
A. District is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of District shall at all times be under District's exclusive direction and control.
Neither the City nor any of their officers, employees, agents, or volunteers shall have control over the conduct of District or any of District's officers, employees, or agents except as set forth in this Agreement. District shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. District shall not incur or have the power to incur any debt, obligation or liability whatever against the City, or bind the City in any manner.
B. No employee benefits shall be available to District in connection with the performance of this Agreement. Except for the fees paid to District as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to District for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to District for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES.
District shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner may affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. District shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of District to comply with this Section.
12. RELEASE OF INFORMATION.
A. All information gained by District in performance of this Agreement shall be considered confidential and shall not be released by District without the City's prior written authorization except when required by law. District, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City's City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena, court order, or public records request shall not be considered "voluntary" provided District gives the City notice of such subpoena, court order, or public records request.
B. District shall promptly notify the City should District, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. The City retains the right, but has no obligation, to represent District and/or be
present at any deposition, hearing or similar proceeding. District agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by District. However, the City's right to review any such response does not imply or mean the right by the City to control, direct, or rewrite said response.
13. NOTICES.
Any notices which either Party may desire to give to the other Party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as, but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the Party as set forth below or at any other address as that Party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
To City: City of Calimesa
Attention: City Manager
908 Park Ave
Calimesa, California 92320
To District: Beaumont-Cherry Valley Recreation and Park District
Attention: General Manager
390 West Oak Valley Parkway
Beaumont, CA 92223
14. ASSIGNMENT.
District shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
15. LICENSES.
At all times during the term of this Agreement, District shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
16. GOVERNING LAW.
The City and District understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall be initiated in state or federal court in the County of Riverside, California.
In the event such litigation is filed by one Party against the otherto enforce its rights under
this Agreement, the prevailing Party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
17. PROHlBITED INTEREST.
No officer, or employee of the City shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, District, or District's sub-contractors for this project, during his/her tenure or for one year thereafter. District hereby warrants and represents to the City that no officer or employee of the City has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of District or District's sub-contractors on this project. District further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
18. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each Party is entering into this Agreement based solely upon the representations set forth herein and upon each Party's own independent investigation of any and all facts such party deems material. In the event of a conflict between the provisions of this Agreement and the exhibits hereto, the text of this Agreement shall prevail.
19. AMENDMENTS.
No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
20. 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.
21. COUNTERPARTS.
This Agreement may be signed in counterparts, and any facsimile, e-mail, or other copies of this Agreement or any counterparts, shall be deemed an original.
22. ELECTRONIC SIGNATURES.
The Parties hereto hereby agree that electronic signatures are acceptable and shall have the same force and effect as original wet signatures.
23. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.
24. AUTHORITY TO EXECUTE THIS AGREEMENT.
Each person signing this Agreement represents that he or she has the authority to execute this Agreement on behalf of the party for whom they are signing.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first above written.
City of Calimesa
Will Kolbow, City Manager
Approved as to form:
Steven Flower,
City Attorney
Beaumont-Cherry Valley Recreation and
Parks District
Mickey Valdivia, General Manager
EXHIBIT A
SCOPE OFSERVICES
Beaumont Cherry Valley Recreation and Park District willprovide the following services at Summerwind Park:
• Park Opening
o Open parking lot gates and restrooms at 6 AM
o Seven days per week
o Estimated time per day: 0.333 hours
o Cost per day: $32.91
• Park Closing
o Close parkinglot gates and restrooms at sundown
o Seven days per week
o Ensure no vehicles are left parked
o Inform Citystaff and/or Riverside County Sheriff's Department if any vehicles are in the parking lot at time of closing
o Estimated time per day: 0.333 hours
o Cost per day: $32.91
• Clean Restrooms
o Three days per week at time of park opening (Friday, Saturday, Sunday) o Clean/sanitize floors, walls and fixtures up to 6 feet from floor o Restock toilet paper and associated material as needed o Estimated time per day: 0.5 hours
o Cost per day: $38.10
• Playground Inspections
o 2-hour inspections monthly (8 months -January, February, April, May, July, August, October, and November)
o 4-hour inspections quarterly (4 months - March, June, September, and December) o High Frequency Use Areasto be inspected weekly by the District's contracted landscapers.
o Low Frequency Use Areasto be inspected monthly by the District's Certified Playground Safety Inspector.
o Annual Cost: $2,956.44
• Playground Issues
o Reporting-Any issues brought to the District's attention or discovered by the District shall be reported to theCity by e-mail within forty-eight (48) business hours. o Repairs-The City shall be responsible for any costs and repairsreported by the District, so long as the damages needing repairs were not the District's fault. • The City shall use a certified contractor to install and/or replace any damaged parts.
• After the installation is complete, the District's Certified Playground Safety Inspector will conduct an inspection to certify the safety of the damaged part and submit a report to the City.
• The City shall be responsible for re-opening the playground after the District's inspection has deemed the area safe for play and the City has
emailed to the District a signed document approving the re-opening of the playground/structure.
• Recreation Inquiries and Park Programming (Optional Service) o Answer park related inquiries bothin-person and over the phone, Monday through Friday o Development of park programming at Summerwind Park
o Organize, plan, and implement programming
o Take reservations for ballfield and gazebo
o Annual Cost: to be negotiated as needed
• Movies in the Park (Optional Service)
o Organize, plan and implement two (2) Movies in the Park events o Includes staffing, equipment rental, and licensing for movies o Otherservices and materials as needed for a successful event o Estimated Cost per Event: to be negotiated as needed
• Playground Documentation:
o The City shall provide to the District copies of existing playground handbooks and any other documentation related to the playgrounds on site. o Any reports generated from inspections shall be transmitted via email, including, but not limited to,monthly reports, quarterly reports, incident reports, billingor invoices, and certificationsof materialsinstalled or used for ground cover.
City Council Meeting
Agenda Report
Agenda Item No. 14
SUBJECT: STATEMENT OF INVESTMENT POLICY
MEETING DATE: September 15, 2025
PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council adopt Resolution No. 2025-50 a Resolution of the City Council of the City of Calimesa, California adopting a Statement of Investment Policy for effective September 15, 2025.
BACKGROUND: Section 53646 of the Government Code of the State of California authorizes the Treasurer or the Chief Financial Officer of each local agency to annually render to the legislative body of the agency a Statement of Investment Policy at a public meeting.
The City’s current policy was adopted on November 4, 2024 and is updated annually. The annual policy review also renews the City Council’s annual delegation of investment authority to the City Treasurer. The City Council’s current designation is to the City’s Finance Director, Celeste Reid.
The Investment Policy is reviewed annually to ensure the policy meets the City’s needs and in compliance with all legal and government code requirements.
The City’s investments are currently invested with the Local Agency Investment Fund (LAIF) 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 projects.
FISCAL IMPACT: The investment instruments allowed in this policy are consistent with the City’s current investment in the Local Agency Investment Fund (LAIF) and meets the stated investment policy objectives of safety, liquidity and return.
ATTACHMENTS:
Attachment A: Resolution No. 2025-50
Attachment B: Investment Policy Effective September 15, 2025
RESOLUTION NO. 2025-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA ADOPTING A STATEMENT OF
INVESTMENT POLICY EFFECTIVE SEPTEMBER 1, 2025
WHEREAS, Government Code Section 53646(a)(2) requires a Statement of Investment Policy rendered annually to the City Council for consideration during a public meeting, and
WHEREAS, the recommended Investment Policy is attached and reflects reporting schedules in compliance Government Code Section 53646(b)(1).
WHEREAS, Government Code Section 53607 authorizes the City Council to annually delegate to the City Treasurer the authority to invest or reinvest funds of the City and its related entities, and to sell and exchange securities so purchased; and
WHEREAS, the City Council desires to renew the delegation of such investment authority to the City Treasurer.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALIMESA, AS FOLLOWS:
Section 1. The Statement of Investment Policy attached as Exhibit “A” is hereby adopted.
Section 2. Pursuant to Government Code Section 53607, the City Council, on behalf of the City and its related entities for which the City Councilmembers serve as the governing body, hereby renews for one year its delegation to the City Treasurer the authority to invest and reinvest funds of the City and its related entities, including without limitation the authority to sell and exchange securities.
PASSED, APPROVED AND ADOPTED this 15th day of September, 2025. ________________________________
LINDA MOLINA, MAYOR
ATTEST:
_________________________________________
DARLENE GERDES, CITY CLERK