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3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Marco Celedon.
3.3.5 City's Representative. The City hereby designates Castulo Estrada, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than Castulo Estrada, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates Marco Celedon, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the coordination of all portions of the Services under this Agreement.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.. Consultant’s employees and subconsultants have skill and experience to perform the Services assigned to them in a manner consistent with the standards generally recognized in the same discipline in the State of California. Consultant’s employees and subconsultants have licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
Consultant shall perform, at its own cost and expense and without reimbursement from the City, any reasonable services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is reasonably determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform
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any of the Services or to work on the Project.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and reasonably complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”)..
3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification.
3.3.10.1 Compliance with Laws. Consultant shall keep itself informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be reasonably liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants
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and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is reasonably responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek reasonable damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise reasonable precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.3.11 Insurance.
3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
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3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claimsmade basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage
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reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions):. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that
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such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
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(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll
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records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6 Indemnification.
3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or
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volunteers.
3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.7 General Provisions.
3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: MSA Consulting, Inc.
34200 Bob Hope Drive
Rancho Mirage, CA 92270 ATTN: Marco Celedon
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City: City of Coachella
53462 Enterprise Way
Coachella, CA 92236
ATTN: Castulo Estrada
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be
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responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
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3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 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,
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privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
3.8 Federal Provisions. With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
Item 12.
Bill Pattison
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Exhibit “A”-17 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"
SCOPE OF SERVICES
See attached
Item 12.
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com December 19, 2024
City of Coachella
53-990 Enterprise Way
Coachella, CA 92236
Attn: Mr. Castulo Estrada
Subject: Proposal for Survey and Utility Services (RFP 2467) Ave 50 & Tyler – Coachella, CA
Dear Mr. Estrada:
MSA Consulting, Inc. (Consultant) is pleased to offer the following Survey and Utility Services related to the proposed waterline along Avenue 50 and Tyler Street, in the City of Coachella (City). The subject property is located across approximately 1,065 linear feet; as shown in Exhibit “C” – Subconsultant Proposal.
Our proposal is based upon the information provided to us, our previous work efforts on the project, and our understanding of the City of Coachella’s and local Utility purveyors’ respective standards and requirements.
The Scope and Fee described in this proposal shall be valid until June 30, 2025.
Scheduling for the Work will commence upon receipt of a signed copy of a Professional Service Agreement, which will serve to acknowledge approval of the terms contained herein.
We hope the attached scope and fee are consistent with your requirements. We appreciate the opportunity to offer our services and would be pleased to answer any questions you might have.
Very truly yours,
Marco T. Celedón, PE
Vice President / Director of Public Works
MSA Consulting, Inc
MTC:br
Enclosures
Exhibit “A” – Scope of Work
Exhibit “B” – Compensation
Exhibit “C” – Subconsultant Proposal
Hourly Fee Schedule
O:\Proposals\Proposals 2024\P2467 City of Coachella - Ave 50 & Tyler - Survey and Utility Services\mtc_City of Coachella_Survey and Utility Services_Ltr_REV12.19.24.docx Via Electronic Mail
Exhibit "A"
Item 12.
Proposal for Survey and Utility Services (RFP 2467)
Ave 50 & Tyler – Coachella, CA
December 19, 2024
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com EXHIBIT “A” – SCOPE OF WORK
MSA proposes to perform the following tasks for this project:
1.1. MSA Utility Research, Coordination and Supervision for Potholing ▪ Coordinate and oversee proposals, scheduling, and supervision of potholing crew.
▪ Adjust Utility Base Plans to include results of locating services. ▪ Prepare a potholing exhibit.
1.2. Private Utility Potholing
Potholing will be performed by C-Below (Subconsultant), scope of work shown on Exhibit “C” – Subconsultant Proposal attached; Subconsultant’s work will be overseen by MSA. The Subconsultant will provide dig sheets and photos for all excavations.
Work beyond eight (8) potholes or will be approved in advance by the City at an additional cost. Number of days to perform scope is a high-level estimate. Method of potholing is vacuum extraction with a 1’ diameter hole. Potholes in concrete or cold patch asphalt will be repaired limited to the opening. The locations of potholes are shown in the attached Exhibit “C” – Subconsultant Proposal.
1.3. MSA Survey Pothole Results
MSA Survey Crew to provide pothole tie-in reference points for horizontal and vertical reference.
CITY RESPONSIBILITIES and ASSUMPTIONS
This proposal assumes the following:
1. Prevailing Wage rates are in effect.
2. City will provide access to the property, as needed
3. City to provide direction, as needed
4. City to pay all processing deposits and fees
5. City to provide applicable information and documents, as needed
6. City to coordinate traffic control for work within street right of way
7. Utility plat fees to be billed to City as reimbursable expenses.
8. Private utility location will be performed by a potholing contractor. MSA will be responsible for contracting with the Subconsultant to provide the potholing services. A 15% mark-up for MSA’s management of the Subconsultant has been included in Exhibit “B” – Compensation. Costs are hourly or fixed fee as identified in the Subconsultant’s proposal (costs shown on Exhibit “C” – Subconsultant Proposal attached) and will be billed monthly as invoices are received from the Subconsultant.
Item 12.
Proposal for Survey and Utility Services (RFP 2467)
Ave 50 & Tyler – Coachella, CA
December 19, 2024
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com
EXCLUSIONS
Consulting services not specifically listed in the scope above are excluded from the agreement. Additional services, if required, may be provided by MSA or other consultants under a separate written proposal with additional fees as approved by the City. Examples of these include:
1. Agency/Impact Fees
2. Utility will serve letters, potholing or computer modeling by local Water District
3. Construction Staking
Item 12.
C Below | SoCal | 1-888-90-BELOW | www.cbelow.com | 08-242097-P }
Estimate
Job No. 08-242097-P
Quote No. 00056678
Date: 12-17-2024
Expires on: 03-17-2025
Payment Terms: NET 30
Prevailing Wage Yes
C Below | Subsurface Imaging
Call Before you cut, core, drill or dig.
1385 Old Temescal Rd., Suite 100
Corona, CA 92881
Phone: (888) 902-3569 Fax: (909)606-6555
www.cbelow.com
Bill To
MSA Consulting, Inc.
Opportunity Name
34200 Bob Hope Drive
Rancho Mirage, CA 92270
50th and Tyler PH and Locating
Primary Contact Jobsite Address
Michael Scheiber
760-320-9811
[email protected]
50th and Tyler
50th Ave and Tyler
Coachella, CA
Sales Rep Ext. Email Cell
Robert Foster [email protected] +1 9516270112
C Below, Inc. (C Below) submits this proposal for the 50th and Tyler PH and Locating project. Our proposal is based on the enclosed estimated hourly breakdown and the C Below Schedule of Fees. To successfully complete the outlined scope of services in this proposal, our field technicians will need uninterrupted clear access to the work area and the appropriate project documentation. We appreciate the opportunity to provide you with our services and look forward to helping ensure a safe and successful project.
EXHIBIT "C" - SUBCONSULTANT PROPOSAL
Item 12.
C Below | SoCal | 1-888-90-BELOW | www.cbelow.com | 08-242097-P Potholing Scope of Work
C Below will perform (8) potholes as indicated in the client provided potholing exhibit. A standard pothole is 12 in x 12 in, performed to the top of pipe or encasement with sand backfill and a permanent surface patch.
Additional costs: Potholes outside of our standard will be billed based on actual depth or conditions. Limitations on work hours may cause additional mobilization or traffic control charges. Permitting fees will be adjusted to actual costs.
If C Below is not hired to mark the locations of the potholes, they will be performed off of the utility provider’s marks under the client’s direction. Utility providers typically do not mark out sewer or storm drain lines. Dry holes are considered billable. Locating is a separated line item that will be represented on your estimate.
Client will be provided a detailed potholing report at the conclusion of the investigation.
SERVICE INCLUDES
Dig Alert Coordination & Delineation
Vacuum Excavation to top of utility, encasement or stop depth Sand Backfill
Hot Patching
Removal of Debris
Pothole Report
SERVICE DOES NOT INCLUDE
Encroachment Permit at cost plus 15% for processing fee Standard Traffic Control
Permanent Cold Patch
Slurry Backfill
Engineered Traffic Control Plans
Extensive Traffic Control
Flagging for Traffic Control
Sidewalk Concrete Panel Replacement
Removal of Dig Alert Marks
Survey of Pothole Locations pre or post pothole
Please request a quote if any of the above services are needed Utility Locating Scope of Work
C Below will provide a comprehensive Utility Investigation of the outlined area shown on Exhibit A (last page of proposal).
The purpose of this investigation is to find all utilities outlined below to quality level (QL) B per ASCE 38-02. (see attached documentation on available quality levels).
Item 12.
C Below | SoCal | 1-888-90-BELOW | www.cbelow.com | 08-242097-P C Below will exhaust any and all utility locating methods, plus “tribal knowledge”, to positively identify the horizontal and vertical locations of the utility lines.
This includes utilizing the equipment listed below:
• Electromagnetic Locator (Locator)
• Locatable CCTV Push Camera. No video will be provided unless specifically included in your quote. (Push Cam) • Ground Penetrating Radar (GPR).
• Locatable Duct Rodder (Ram Rod).
• Crawler Camera and lateral Launch Equipment if specifically included in your quote. (Crawler) Deliverables- Utility locations along with depth estimates will be marked directly on the surface (Please reference your Markings Card for explanations of these.)
Item 12.
C Below | SoCal | 1-888-90-BELOW | www.cbelow.com | 08-242097-P Potholing
Item Quantity Unit Unit Price Total
S1 Pothole 1’ x 1’ x 0’ - 5’ deep 8 HR $660.00 $5,280.00 Potholing | Travel Time | Crew 12 HR $325.00 $3,900.00
Vacuum Excavation Spoil Removal and
Dump Fee: Removal of excavated spoils
and dumping of material
2 EA $950.00 $1,900.00
Pothole Report 1 UNIT $550.00 $550.00
Hotpatching + Slurry 8 EA $300.00 $2,400.00
Project Coordination 3 HR $95.00 $285.00
Administrative 2 HR $95.00 $190.00
Subtotal $14,505.00
Product Line Items
Estimated Costs
Potholing $14,505.00
Utility Locating $4,495.00
Total USD $19,000.00
Estimate Worksheets
Item 12.
C Below | SoCal | 1-888-90-BELOW | www.cbelow.com | 08-242097-P Utility Locating
Item Quantity Unit Unit Price Total
Locating | Certified Supervising
Technician
8 HR $195.00 $1,560.00
Locating | Trained Certified Assistant
Technician
8 HR $180.00 $1,440.00
Locating | Travel Time | Crew 4 HR $255.00 $1,020.00
Project Coordination 3 HR $95.00 $285.00
Administrative 2 HR $95.00 $190.00
Subtotal $4,495.00
Item 12.
C Below | SoCal | 1-888-90-BELOW | www.cbelow.com | 00056678 Quality Level Definitions
Quality Level D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall "feel" for the congestion of utilities but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.
Quality Level C involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Its usefulness, therefore, is primarily on rural projects where utilities are not prevalent or are not too expensive to repair or relocate.
Quality Level B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. It addresses problems caused by inaccurate utility records, abandoned or unrecorded facilities, and lost references. Decisions regarding location of storm drainage systems, footers, foundations and other design features can be made to avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.
Quality Level A is the highest level of accuracy and involves the full use of the subsurface utility investigation method. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material and other characteristics of underground features.
Item 12.
C Below | SoCal | 1-888-90-BELOW | www.cbelow.com | 00056678 Service Exceptions and Limitation
Locating Exceptions
Our services do not include the location of irrigation lines and associated control valves. We are able to locate sewer and storm drain lines if access is made available. We do not locate abandoned/extra conduits containing no interior cable and we do not locate fiber optic lines or lines without a metallic shield or lacking a tracer wire. C Below has the ability to locate nonmetallic lines but it is outside our normal scope of services. Should the need arise to locate these types of lines, please contact us for an additional quote.
GPR Exceptions
There needs to be at least 8 inches clearance around the perimeter of the scanning area to accommodate the GPR antenna; especially at structure intersections. Scanning surfaces need to be relatively flat with no water present. GPR can penetrate 12 inches of concrete or masonry, but accuracy decreases with increased steel congestion. Indications show up on the radar screen as hyperbolas. The center of the hyperbola is the center of the indication. GPR data, under most circumstances, does not allow for the interpretation of an indications size, only the center location of the indication and embedment depth. Indications such as reinforcing steel or conduit spaced closer than 2 inches on center may show up as one indication.
Mapping Exceptions
Please be sure to provide any project documents prior to dispatch. A workable CAD file is required if mapping is to be performed. JPG, TIFF, PDF files are not preferred and may affect the quality of the final product. If no CAD file can be provided, additional costs may apply. A complete and editable background must be provided by the client to ensure the quality of the final product.
Potholing Exceptions
For billing purposes, C Below defines a standard pothole with the dimensions of 1’ X 1’ X 5’ deep. Deviations from this standard definition require rate increases for additional time and materials to facilitate the client requests. Because potholing rates and other associated costs are based on the assumption of 8 hour work days, additional fees may apply if work is limited to less than 8 hours per day. These fees may include, but are not limited to: additional traffic control, travel time, and disposal fees. Standard pothole pricing includes holes at locations with a soil surface or an asphalt surface up to 6-inches thick. Additional fees will apply if the asphaltsurface is over 6” thick or the proposed hole location has a concrete surface. If during the potholing operation the soil is found to have large aggregate or other debris over 3- inches in diameter, ground water, roots or hazardous materials, additional fees will apply. For further clarification please speak to your C Below representative. Optional Services include: hot patching per City requirements, slurry backfill, standard or engineered traffic control plans, trenching or excavation beyond standard pothole dimensions.
CCTV Exceptions
All lines designated by the client for need of inspection must have clear unobstructed access points. Information gathered during the inspection must be agreed upon prior to dispatch. For added scope of water jetting additional fees apply.
Traffic Control
Standard Traffic Control includes one lane closure with minimal signage not spanning an intersection. Extensive Traffic Control includes multiple lane closures, arrow boards, multiple signage requirements, spanning of intersections, flaggers, and other non-standard setups.
Item 12.
C Below | SoCal | 1-888-90-BELOW | www.cbelow.com | 00056678
GENERAL CONDITIONS
AGREEMENT. This agreement is made by and between C
Below, Inc. (“C BELOW”) and the party that accepted C
BELOW’s proposal or requested that C BELOW perform
Services (“Client”). C BELOW shall include said company, its engineers, employees, insurers, or authorized
representative. This "Agreement” includes C BELOW’s
proposal and any exhibits or attachments noted in the
proposal or incorporated by reference including but not limited to these General Conditions. Requesting Services from C BELOW shall constitute acceptance of the terms of these General Conditions.
1. SCOPE OF SERVICES. Services means the service(s)
performed by C BELOW for Client or at Client's direction. C BELOW’s findings, opinions, and recommendations are
based upon data and info C BELOW obtained by and
furnished to C BELOW at the time of the Services. C BELOW may rely upon information provided by the Client or third parties. Client may request additional work or changes
beyond the scope of Services described in C BELOW’s
Proposal. If any alteration or addition of Services are requested by the Client, C BELOW may provide a written
notification detailing the additional scope of work, time extension and associated fees for Client’s review. Client shall provide written acceptance of such. If Client does not follow these procedures, but instead directs, authorizes, or permits C BELOW to perform the changed or additional
work, the Services are changed accordingly, and C BELOW will be paid for this work according to its written
notification or current fee schedule.
2. DELAYS. C BELOW shall be entitled to an equitable
adjustment to the project schedule and compensation to
compensate C BELOW for any increase in time or costs
necessary to perform the Services under this Agreement
due to any cause beyond its reasonable control. All
promises of services time are approximations by C BELOW and are subject to the Client and contractor's schedules, weather conditions, travel conditions, disputes with
workmen or parties, accidents, strikes, natural disasters, health emergencies, discovery of hazardous materials,
differing or unforeseeable site conditions or project
conditions, acts of governmental agencies or authorities, or other causes. In no event shall C BELOW be responsible for any damage or expense due to delays from any cause, other than to the extent the damage or expense is directly caused by C BELOW’s own proven negligence after having
been warned in writing by the Client of the damage or
expense which may result from the delay.
3. MINIMUM CHARGES. All locating services are based on
a minimum of four hours. Over four hours shall be a
minimum of eight hours. If a technician is scheduled to perform a service and no work is performed, a two-hour
minimum charge shall apply (show-up charge).
4. WORKING HOURS C BELOW’s regular workweek is
Monday - Friday. Normal work hours are 7:00 am – 5:00
pm. For work performed Monday – Friday, overtime hours
(1.5 times the contracted hourly rate) apply after eight hours worked per day. Premium time hours (2 times the
contracted hourly rate) apply after twelve hours worked per day. Work performed on Saturday shall be billed at 1.5 times the contracted hourly rate. Work performed on
Sundays and Holidays shall be billed at 2.0 times the
contracted hourly rate. Holidays observed by C BELOW are New Year’s Day, Memorial Day, Independence Day, Labor
Day, Veterans Day, Thanksgiving, the day after
Thanksgiving and Christmas. Overtime hour charges shall be in one-hour increments.
5. SCHEDULING & CANCELLATION A minimum of 24
hours’ notice is required when scheduling C BELOW’s
services. If services are requested the same day or after 2:00 pm the preceding day, a premium expedite fee of $75 per technician will apply. If services are canceled less than 24 hours before the scheduled start time, a fee of $75 per technician will apply.
6. PREVAILING WAGE The prices quoted within are NOT
Prevailing Wage or Union unless specifically stated on the first page of this document. If this project requires
Prevailing Wage, our hourly rates will increase the
proportional percentage increase every July 1 in
accordance with the wage listed by the Director of
Industrial Relations which is tied to any applicable union or collective bargaining agreement documented annual
increases plus corresponding changes in our general
administration and overhead expenses. These adjustments shall become the agreed upon basis for charges by C
BELOW to the Client.
7. CERTIFIED PAYROLL The prices quoted within are
subject to certified payroll unless specifically agreed between C BELOW and the Client. If this project requires Certified Payroll, our hourly administrative rates will increase to accommodate this request. If Client requests for certified payroll after the fact, then it will be at an additional cost.
8. C.O.D. Projects totaling less than $5,000.00 in services for Clients that have not submitted credit approval through the C BELOW accounting department shall be performed
on a Cash on Delivery (C.O.D.) basis. Prior to the start of our services the C BELOW technician will collect a check from the Client. Alternatively, the Client can opt to pay by Credit Card by filling out a Credit Card Authorization form.
Item 12.
C Below | SoCal | 1-888-90-BELOW | www.cbelow.com | 00056678 If this method is chosen, then a 3% processing fee will be applied. For all other projects, please see the
COMPENSATION AND PAYMENT TERMS section of this
document (Section 28).
9. REIMBURSABLE EXPENSES Outside services performed
by others and direct costs expended on the Client’s behalf, are charged at cost plus 15%. Equipment and materials
purchased/rented by C BELOW exclusively for the project will be invoiced at cost plus 15%. Business license fees for project specific requirements will be invoiced at cost plus 15%.
10.SERVICE AUTHORIZATION Written requests will be
considered authorization to perform billable work. The
Client shall designate member(s) of their staff who have authority to request our services and notify C BELOW in writing as their authorized representative. Otherwise, all service requests are billable.
11.PROPOSAL VALID DURATION Proposed Master Fee
Schedule of Rates, Term & Conditions and General
Conditions stated within are valid for 30 days from the proposal date.
12.C BELOW RESPONSIBILITIES. Services performed by C
BELOW under this Agreement will be conducted in a
manner consistent with the level of care and skill ordinarily exercised by members of the same profession currently
providing the same or similar services under similar
circumstances in the same locality and in accordance with applicable standards in effect at the time the Services are performed. C BELOW MAKES NO OTHER
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED.
C BELOW will not be responsible for inaccurate or
incomplete information provided to it by Client, coconsultants or other reasonably reliable sources; for site conditions of which it was not actually informed; for
unauthorized modifications to or deviations from C
BELOW’s instruments of service or the use of unfinalized instruments of service for any purposes including bidding or cost estimating; for hazardous materials or toxic
substances at the Project site; for the specification of products or equipment for purposes consistent with the
manufacturer’s published literature; for decisions made by others relating to materials and equipment decisions made by others; for the services and instruments of service
provided by others even if incorporated into C BELOW’s
instruments of service for ease of reference or otherwise; for the performance of the Project’s contractors and
materials suppliers; for construction means, methods,
techniques, sequences or procedures, including without
limitation investigation or demolition procedures and
safety precautions and programs; and for the actions or inactions of others including utility companies, other
consultants and governmental or quasigovernmental
agencies. The services being provided for by C BELOW do not relieve the Client of the responsibility of having to comply with California Government Code §§4216 - 4216.9.
It is expressly understood by the Client that C BELOW’s services are not a substitute for compliance with California government Code §§4216 - 4216.9.
Client acknowledges that findings prepared by C BELOW
are based on limited information and recognizes that
subsurface conditions or other actual conditions may vary from those encountered at the location where explorations are made by C BELOW. Client is responsible for notifying the appropriate party or professional regarding the
findings noted by C BELOW and C BELOW accepts no
liability in connection therewith. C BELOW shall not be responsible for the interpretation by others of information developed by C BELOW and makes no guarantee that C
BELOW’s findings are properly implemented by any party.
C BELOW shall not be held liable for problems that may
occur if C BELOW recommendations are not followed.
13.CLIENT PARTICIPATION. Client will make available to C BELOW all information in its possession regarding existing and proposed conditions at the site. Such information shall include, but not be limited to, plot plans and topographic surveys. Client shall immediately transmit to C BELOW any new information concerning site condition which becomes available, and any change in plans or specifications
concerning the project. C BELOW shall not be liable for any inaccurate or incorrect advice, judgment or decision which is based on any inaccurate information furnished by Client and Client shall indemnify C BELOW against claims,
demands, or liability arising out of, or contributed to, by such inaccurate information. In the event Client, the
project owner, or other party makes any changes in the
plans and specifications, Client agrees to hold C BELOW harmless from any liability arising out of such changes, and Client assumes full responsibility unless Client has given C BELOW prior notice and has received C BELOW’s written
consent for such changes. C BELOW does not assume
responsibility for any conditions at the Client's site(s) that may present a danger, either potential or real, to health, safety, or the environment. Client hereby agrees that it is the Client's responsibility to notify any and all appropriate federal, state, or local authorities, as required by law, of the existence of any such potential or real danger and
otherwise to disclose to all appropriate or affected
individuals or entities, in a timely manner, any information that may be necessary to prevent any danger to health,
safety, or the environment. Client assumes sole
responsibility for determining whether the quantity and the nature of services ordered by Client is adequate and sufficient for Client’s intended purpose.
14.THIRD PARTIES To the fullest extent permitted by law and to the extent not resulting from C BELOW’s proven
negligence, Client agrees to defend, indemnify and hold C BELOW harmless from any claims, demands, suits, losses,
Item 12.
C Below | SoCal | 1-888-90-BELOW | www.cbelow.com | 00056678 charges, expense (including attorney fees and costs at trial and appeal), and/or allegations of responsibility by any and all third parties including but not limited to, contractors, subcontractors, agents, employees, assignees transferees, successors, invitees, neighbors, and the public relating in any way to this Agreement, the services, or the project. It is expressly understood and agreed that the enforcement of these terms and conditions shall be reserved to the
Client and C BELOW. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any third person. It is the express intent of the Client and C BELOW that any such person or entity, other than
Client or C BELOW, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary.
Neither party may assign this Agreement or any right or obligation hereunder without the prior written consent of the other party, which shall not be unreasonably withheld or delayed; provided, however, that no consent shall be necessary in the event of an assignment to a successor
entity resulting from a merger, acquisition or consolidation by or of C BELOW or an assignment to an affiliate or
subsidiary of C BELOW.
15.DISCOVERY OF UNANTICIPATED HAZARDOUS
MATERIALS. Client shall furnish to C BELOW all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials prior to commencement of the Services. Client warrants that it has made reasonable efforts to disclose known or suspected hazardous materials on or near the
project site. Client agrees that the discovery of such
unanticipated hazardous materials constitutes a changed condition which may require either a re- negotiation of the scope of C BELOW’s Services or termination of such
Services or this Agreement. Client recognizes that the
discovery of hazardous materials may necessitate
immediate protective measures to safeguard the public
health and safety and agrees to compensate C BELOW for
measures that in C BELOW’s professional opinion are
justified to preserve and protect the health and safety of site personnel and the public. Client agrees to compensate C BELOW for any equipment decontamination or other
costs incident to the discovery of unanticipated hazardous materials. Client agrees that in the event of the discovery of hazardous materials at the site it will report such
discovery to the proper authorities as required by federal, state, and local regulations. Client also agrees to inform the project site owner in the event that hazardous
materials are encountered at the site. Notwithstanding any other provision of the agreement, Client waives any claim against C BELOW, and to the maximum extent permitted
by law, agrees to defend, indemnify, and save C BELOW
harmless from any claim, liability and/or defense costs for injury or loss arising from the presence of hazardous
materials on the project site. There is a risk that potholing may result in contamination of certain subsurface areas.
Client waives any claim against, and agrees to defend,
indemnify and save C BELOW harmless from any claim or
liability for injury or loss which may arise as a result of subsurface contamination caused by potholing. Client also agrees to adequately compensate C BELOW for any time
spent and expenses incurred in defense of any such claim.
16.SITE CONDITIONS. Client shall secure all necessary
approvals, notices, permits, licenses, and consents from all owners, lessees, contractors, and other possessors of the Project, necessary to commence and complete the
Services, and will provide C BELOW access to the project site for all equipment and personnel necessary for the
performance of the Services, unless specifically stated within the Estimate Worksheets or Scope of Work in C
BELOW’s proposal. C BELOW shall be allowed free access
to the site. Client understands and agrees that C BELOW shall only be responsible for losses which directly result from C BELOW’s negligence. Client is responsible for the accuracy of locations for all subterranean structures and utilities. Client waives any claim against C BELOW, and agrees to defend, indemnify, and hold C BELOW harmless
from any claim or liability for injury or loss of any party, including costs of defense, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition, Client agrees to
compensate C BELOW for any time spent or expenses
incurred by C BELOW in defense of any such claim.
17.ENVIRONMENTAL LIABILITY. Neither this Agreement
nor the providing of services will operate to make C
BELOW an owner, operator, generator, transporter,
treater, storer, or arranger for disposal or treatment within the meaning of the Resource Conservation Recovery Act,
Comprehensive Environmental Response Compensation
and Liability Act, or within the meaning of any other law governing the handling, treatment, storage, or disposal of hazardous materials. Client will indemnify, defend and hold C BELOW harmless from and against any and all losses,
damages, costs and expenses, including attorney’s fees, from third party claims, demands and causes of action
arising or claimed to arise from violations by Client of any and all environmental laws, rules and regulations relating to the existence, generation of, current or future
ownership, storage, transport or disposal of pre-existing hazardous substances and wastes, but this indemnity shall not cover such loss, damage, cost or expense to the extent caused by C BELOW’s proven negligence in performing the Services under this Agreement. For purposes of this
Agreement, a pre-existing hazardous substance is any
hazardous substance or hazardous waste having been
generated by Client or existing on Client's premises prior to the date of this Agreement.
18.OWNERSHIP AND LEGAL USE OF DOCUMENTS. All
notes, data, reports, original final reproducible drawings,
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C Below | SoCal | 1-888-90-BELOW | www.cbelow.com | 00056678 plans, specifications, calculations, and studies memoranda assembled or prepared by C BELOW are instruments of
service with respect to the subject project, and C BELOW shall retain an ownership and property interest therein, whether or not the project is completed. The Client may make and retain copies for information and reference in connection with the subject project; however, such
documents are not intended or represented to be suitable for re-use by the Client or others. Any modification,
changes, or reuse without written verification or
adaptation by C BELOW for the specific purpose intended will be at the Client's sole risk and without liability or legal exposure to C BELOW, and the Client agrees to indemnify and hold harmless C BELOW against any and all costs,
expenses, fees, losses, claims, demands, liabilities, suits, actions, and damages whatsoever arising out of or
resulting therefrom.
19.ALLOCATION OF RISK AND LIMITATION OF LIABILITY.
The parties have evaluated the respective risks and
remedies under this Agreement and agree to allocate the risks and restrict the remedies to reflect that evaluation.
Notwithstanding any other provision to the contrary in this Agreement and to the fullest extent permitted by law,
Client agrees to restrict its remedies under this Agreement against C BELOW, its parents, affiliates and subsidiaries (“C BELOW Covered Parties”), so that the total aggregate
liability of C BELOW Covered Parties shall not exceed
$5,000 or the actual paid compensation for the services performed by C BELOW under this Agreement, whichever
is less. This restriction of remedies shall apply to all suits, claims, actions, losses, costs (including attorney fees) and damages of any nature arising from or related to this
Agreement without regard to the legal theory under which such liability is imposed. Claims must be brought within one calendar year from performance of the Services.
20.LIABILITY FOR OTHERS. C BELOW shall not be
responsible for supervising or overseeing the Client’s
contractors or for their means and methods, procedures, performance, or site safety. C BELOW shall not be
responsible for the acts or omissions of the Client, owner, architect, architect’s other consultants, contractor,
subcontractors, other third parties or their respective agents, employees, assigns, successors, or any other
persons (“Others"). C BELOW shall have no authority to
control Others regarding their work or their safety
practices. C BELOW does not control or guarantee the
work of Others. C BELOW has no duty to inspect or correct health and safety deficiencies of Others. C BELOW will not be responsible for the failure of Others to perform in
accordance with their undertakings and the providing of C BELOW’s services shall not relieve Others of their
responsibilities to the Client or Others. C BELOW reserves the right to report to the Client any unsafe conditions observed at the Project without altering the foregoing.
21.CONSEQUENTIAL DAMAGES WAIVER. Notwithstanding
anything to the contrary in this agreement and to the
fullest extent permitted by law, Client and C BELOW waive against each other any and all claims for or entitlement to special, incidental, indirect, consequential, delay, punitive, or similar losses or damages arising out of, resulting from, or in any way related to the project or this Agreement.
22.INSURANCE. C BELOW will maintain the following
insurance coverages and amounts: (1) Workers
Compensation insurance as required by law, (2) Employer’s Liability insurance with coverage of $1,000,000 per each accident/employee, (3) Commercial General Liability
insurance with coverage of $1,000,000 per
occurrence/aggregate, (4) Automobile Liability insurance with coverage of $1,000,000 combined single limit, and (5) If C BELOW is providing professional services, Professional Liability insurance with coverage of $1,000,000 per
claim/aggregate. Client shall name C BELOW as additional insured on its Builder’s Risk policy. Client shall require any general contractors working on the project site to include C BELOW in any indemnity that the Client requires such
contractors to provide to the Client and as an additional insured under any such contractor’s general liability
insurance policy. Client shall provide C BELOW with a
certificate of insurance evidencing the required insurance.
Additional insurance coverage can be obtained at an
additional cost to the Client. These costs can be obtained by quotation from C BELOW.
23.RESOLUTION OF DISPUTES. Either party may initiate a
dispute resolution by providing written notice to the other party setting forth the subject of the claim, dispute or controversy and the requested relief. The recipient of such notice shall respond within 5 business days with a written statement of its position and a recommended solution to the claim.
If the parties cannot resolve the dispute through
negotiation, either party may refer the claim, dispute or controversy to a panel (“Panel”) consisting of a designated senior representative from each party (“Representative”), who shall have the authority to resolve it. The
Representatives shall not have been directly involved in the services and shall negotiate in good faith. No written or verbal representation made by either party in the course of any Panel proceeding or other settlement negotiations
shall be deemed to be a party’s admission. If the
representatives are unable to resolve the dispute within 15 business days, either party may pursue its respective legal and equitable remedies. A party’s failure to abide by the foregoing dispute resolution procedures prior to that
party’s filing of a lawsuit shall result in the dismissal of said lawsuit until the party has abided by the foregoing dispute resolution procedures. Exclusive of lien claims, any legal action or proceeding brought to enforce or otherwise
arising out of or relating to this Agreement shall be
Item 12.
C Below | SoCal | 1-888-90-BELOW | www.cbelow.com | 00056678 brought in the county where the C BELOW office
originating the work or proposal is located. Each party waives its right to a jury trial in any court action arising between the parties, whether under this Agreement or
otherwise related to the work being performed under this Agreement.
24.COMPENSATION AND PAYMENT TERMS. Client agrees
that an invoice amount is due when received unless
otherwise agreed. A service charge of one and one-half
percent (1-½%) per month (but not exceeding the
maximum allowable by law) will be added to any account
not paid within 30 days after the invoice date. In the event that any portion of the account remains unpaid 30 days
after the invoice date, C BELOW may immediately
discontinue Services on any and all projects for Client, or withhold any final report or instrument of service, or
demand prepayment of fees at C BELOW’s option. Client
shall pay all costs incurred by C BELOW in collecting any delinquent amount, including staff time, court costs and attorney fees. Failure to make payment within sixty (60) days of invoice shall constitute a release of C BELOW from any and all claims which Client may have, either in tort or contract, and whether known or unknown at the time.
Should Services based on a fee schedule be performed
beyond the end of the calendar year, C BELOW’s current
fee schedule shall apply unless otherwise negotiated in advance.
25.TERMINATION. This Agreement may be terminated
without cause by either party upon thirty (30) days written notice, and at any time by either party if the other party defaults in the performance of any material provision of this Agreement and such default continues for a period of seven (7) days after written notice thereof. In the event of termination, C BELOW will be paid for Services performed through the date of termination, plus reasonable
termination expenses, including the cost of completing
analyses, demobilization, records and reports necessary to document job status at the time of termination.
26.ENTIRE AGREEMENT. This Agreement constitutes the
entire agreement between the parties and shall supersede other prior agreements and representations. No
amendments to this Agreement shall be valid unless made in writing and signed by the parties. If Client uses its standard business forms all pre-printed terms and
conditions contained in or on such forms shall be deemed stricken and null and void. If the terms and conditions of this Agreement conflict with the terms and conditions of any other agreement or document this Agreement shall
govern and control over any such conflict. The invalidity or unenforceability of any portion(s) of this Agreement shall in no way affect the validity or enforceability of any other portion(s) hereof. Any invalid or unenforceable portion shall be severed from the Agreement and the balance of
the Agreement shall be construed and enforced as if the Agreement did not contain a particular portion held to be invalid or unenforceable. This Agreement may be executed in several counterparts, each of which shall be deemed an original having identical legal effect. The titles, captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement. C BELOW shall not be bound by any language incorporating by reference any contract or term of any contract unless the term or terms incorporated by reference are specifically furnished to C BELOW and are expressly agreed to in a writing signed by C BELOW.
Item 12.
www.cbelow.com
1385 Old Temescal Rd., Suite 100
Corona, CA 92881
1-888-90-BELOW
Fax: (909) 606-6555
UTILITY LOCATING
Utility locating is an imperative first step prior to geotechnical excavation during pre-construction. Damaged lines are not only expensive to repair but can be extremely dangerous. Starting your project with the knowledge of the types and locations of underground utilities on the job site is an important and costeffective way to ensure a safe and successful project.
C Below has the ability to locate horizontal and vertical locations for all underground utilities including water, gas, power, waste, communications and cable/TV.
Our technicians will mark all indications directly on the surface of all surveyed areas using the American Public Works Association (APWA) Uniform Color Code. All utility locating marks are made in accordance with the Common Ground Alliance (CGA) Best Practices.
Once lines have been found, there are several options a technician can use for marking the utility locations.
Spray paint is the most common, but flags or whiskers are also utilized in areas that have heavy traffic, or where sprinklers may cause the paint to become unreadable prior to excavation. Computer-aided design or CAD drawings of our findings can also be provided upon request.
Our utility locating services shall include only those materials commonly used for locating and marking indications. Clear access to scanning areas need to be provided by the client. Should the area to be scanned not be accessible from the ground, the client will provide the means (man lift, scaffold, etc.) for our technician to properly perform their work.
For utility locating we locate all underground utilities using a standard electromagnetic utility locator. With this method, we are able to find: main water supply lines and associated branch lines made of metal (conductive) or water lines installed with a “tracer wire”, all sewer and waste lines by electromagnetic location, power lines, telecommunication lines, gas lines with tracer wires.
Item 12.
www.cbelow.com
1385 Old Temescal Rd., Suite 100
Corona, CA 92881
1-888-90-BELOW
Fax: (909) 606-6555
GROUND PENETRATING RADAR (GPR)
C Below uses GPR for locating reinforcing steel, prestressing strand, conduit and other indications in concrete and masonry structures. We use this method because it is one of the safest, fastest and most accurate methods currently available. With the ability to penetrate up to 18 inches of concrete, our technicians can map all indications directly on the scanning surface prior to coring, cutting or drilling. The survey results can also be saved and printed in 3-Dimensional detail providing a subsurface map for our client.
With such a large penetration range, GPR can be used with accessto only one side of the scanning area with no need to place film on the opposite surface (as is needed with other methods). Our technicians determine the thickness of concrete and masonry structures to determine the spacing and depth of indications. In certain cases, the size of the indication can be estimated.
As these indications are found, they are displayed to the technician in real-time. They are displayed on the GPR monitor when changes in the conductivity of the scanned area represent locations of rebar, conduit, pipe, voids, and other objects located beneath the surface. Once located, the indication is marked in accordance with the APWA Uniform Color Code.
GPR isincredibly versatile and offers ease of use on job sites. It emits about 1% the power of a cell phone signal to perform its functions. Other methods require a safety perimeter around work areas. We prefer to use GPR because we are able to work in occupied sites and buildings where temporary evacuation is not an option. The equipment is very portable and can be moved to location quickly, making scanning of multiple areas a fast, efficient and manageable process. The practicality of this service supersedes traditional methods of utility locating, but it can also be used in conjunction withthem.
With the ability to locate nonmetallic utilities up to 12 feet deep, you can be sure most lines will be identified.
Item 12.
www.cbelow.com
1385 Old Temescal Rd., Suite 100
Corona, CA 92881
1-888-90-BELOW
Fax: (909) 606-6555
UNDERGROUND MAPPING
C Below will provide our client with electronic and/or printed documentation of our utility investigation when mapping is added to our locating scope of work. Utility locations will be plotted in a client provided site drawing with clear, easy to read detail. Each utility is labeled and color coded in accordance with the indications marked in the field. We prepare CAD drawings to ensure the industry’s most accurate drawings. The details of these drawings are based upon client specifications. Some of these options include depth, pipe diameter and materials, connection points, and all unknown utilities.
In addition to 36” x 24” prints, our drawings can also be saved in PDF format for simple distribution and viewing. Our detailed drawings can be used to provide designers and contractors with an overview of what to expect when performing site work. All mapping is done under the supervision of a licensed civil engineer.
ADDITIONAL SURVEYING SERVICES
In addition to mapping our utility location markings, we offer a full range of surveying services.
ADA
BOUNDARY
A.L.T.A./N.S.P.S
TOPOGRAPHIC
CROSS-SECTIONS
ENCUMBRANCE MAPS
ORTHO AERIAL PHOTOS
U
R
V
E
Y
A
R
E
A
Item 12.
www.cbelow.com
1385 Old Temescal Rd., Suite 100
Corona, CA 92881
1-888-90-BELOW
Fax: (909) 606-6555
POTHOLING
Potholing is also known as vacuum excavation and is used for the purpose of identifying the axis of an underground utility. When the utility is revealed, the type of material and utility size are documented. The data collected during these excavations are beneficial in all phases of construction. Based upon the soils conditions or scope, C Below will choose to use air or water to create the pothole. Potholes made to expose facilities encased in concrete, will stop at the encasement. The top of the encasement will then be recorded as the top of the facility.
After documenting our findings, each pothole will be backfilled, compacted, and a perm-a-patch or hot patch will be provided depending upon client specifications.
A potholing report complete with photographs are provided at the conclusion of the job documenting the location, utility found, depth to top of pipe, utility size, material and the soil conditions. If no utility is found within the predetermined depth of the pothole, it will be considered a dry hole. Additional holes may be necessary to provide a positive location of the utility.
C Below technicians performing potholing Potholing equipment
Item 12.
www.cbelow.com
1385 Old Temescal Rd., Suite 100
Corona, CA 92881
1-888-90-BELOW
Fax: (909) 606-6555
CCTV PIPE INSPECTION AND CRAWLER CAM
C Below provides video pipe inspection that will give vital information to help properly maintain utility and pipe facilities. We perform this service on sanitary sewer and storm drain lines specifically identified by the client or client’s representative. CCTV pipe inspection includes trained personnel and the use of a push camera and/or crawler camera depending on the size of the line.
During this inspection, videos are recorded in full color MP4 files that can be viewed easily on all computers.
Captions can be added to the video to help identify the technician findings. Our push cameras can video lines as small as 3” in diameter while our crawler cameras can do pipes upwards of 72”. The video technology offers high quality assessment of all piping, including joints. We offer quick results with the ability to transfer video feed via USB and Bluetooth technology.
Standard details recorded during the inspection include: obstructions or blockages, root intrusion, structural damage, pipe offsets and flow conditions. Problem areas found will be identified on the surface for easy identification.
In the event that any blockage is found, we are able to provide water jetting to clear the obstructions.
Sanitary Sewer and Storm Drain lines may contain debris and blockages that limit the ability to perform CCTV Pipe Inspection. C Below can arrange for an outside contractor to jet all lines prior to CCTV pipe inspection to ensure the full length of the pipe can be filmed.
CCTV Crawler Cam Intact and damaged storm drains as recorded by our CCTV
Item 12.
Imagery ©2024 Google, Imagery ©2024 Airbus, Maxar Technologies, Map data ©2024 50 ft 12/16/24, 10:41 AM Google Maps
https://www.google.com/maps/@33.6864091,-116.1661312,186m/data=!3m1!1e3?entry=ttu&g_ep=EgoyMDI0MTIxMS4wIKXMDSoASAFQAw%3D%3D 1/1 215' 500' 215'
145'
Line-Tracing 1,070 FT.
8 Pothole Locations
PH1
PH2
PH3
PH4 PH5
PH6 PH8
PH6
LIne-Tracing Limits
Item 12.
www.cbelow.com
Estimate
Job No. 08-242097-P
Quote No. 00056678
Date: 12-17-2024
Expires on: 03-17-2025
Payment Terms: NET 30
Prevailing Wage Yes
Please review all pages in this agreement on our services capabilities and limitations before signing. Should you have any questions about our services, please contact your sales representative before signing thisagreement. By signing below, you hereby authorize C Below to proceed with services outlined in its proposal or requested by you and agree that all services and anything arising out of or in any way related to this proposal will be governed by C Below’s General Conditions which are incorporated herein. This authorization to proceed constitutes an agreement between you and C Below and is made in consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged.
Signature: \signature1{"size":"small"}\ Effective Date: \date1{“textsize”:”small”}\ Name (Print): \wb1{"apiName":"C_below_Name__c","textsize":"x-small","width":"200"}\ Title: \wb1{"apiName":"Title1__c","textsize":"x-small",”width”:”200”}\ Client Billing Information
Bill to Name \wb1{"apiName":"BillingName",”defaultValue”:“MSA Consulting, Inc.”,"textsize":"x-small",”width”:”200”}\ Attention \wb1{"apiName":"Bill_To_Attention__c","textsize":"x-small",”width”:”200”}\ Address \wb1{"apiName":"Bill_To_Street__c",”defaultValue”:“”,"textsize":"x-small"}\ City \wb1{"apiName":"Bill_To_City__c",”defaultValue”:””,"textsize":"x-small",”width”:”150”}\ State \wb1{"apiName":"Bill_To_State__c",”defaultValue”:””,"textsize":"x-small",”width”:”150”}\ Zip \wb1{"apiName":"Bill_To_Zipcode__c","defaultValue":"","textsize":"x-small","width":"150"}\ Email \wb1{"apiName":"Bill_To_Email__c","textsize":"x-small",”width”:”200”}\ C Below Signature: \signature2{"size":"small"}\ Effective Date: \date2{“textsize”:”small”}\ C Below Name (Print): Ashley Salvino Title: Regional Vice President Please sign and email to Robert Foster at [email protected].
After C Below receives this signed agreement, Dispatch will be notified immediately to begin the scheduling process.
Service availability changes throughout the day. Service date and time can only be confirmed by dispatch after receiving this agreement.
THANK YOU FOR YOUR BUSINESS.
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34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com
CURRENT HOURLY BILLING RATES
APRIL 1, 2024
Engineering Services Landscape Architecture Services
Principal Engineer.........................................$255 Studio Director – Landscape........................$225 Director of Design Services ..........................$240 Senior Landscape Architect.........................$195 Director of Production Services.....................$225 Senior Project Manager – Landscape..........$185 Senior Project Manager ................................$225 Senior Project Designer – Landscape..........$180 Project Manager ...........................................$215 Project Architect – Landscape .....................$170 Senior Project Engineer................................$195 Project Manager – Landscape .....................$175 Senior Designer............................................$180 Project Designer – Landscape.....................$160 Project Engineer ...........................................$170 Associate Project Manager – Landscape.....$155 CADD Designer ............................................$155 Associate Project Designer – Landscape.....$150 CADD Technician .........................................$145 CADD Designer – Landscape......................$140 Survey Services Planning Services
Director of Survey and Mapping....................$225 Director of Planning .....................................$245 Survey Manager ...........................................$205 Senior Planner / Designer............................$175 Survey Project Manager ...............................$205 Senior Planner / Project Manager................$170 Senior Surveyor............................................$190 Planner / Project Manager ...........................$160 Chief of Parties .............................................$185 CADD Technician ........................................$145 Survey Technician II .....................................$170 Assistant Planner.........................................$135 Survey Technician I ......................................$145 One-Man Survey Crew (Field) ........................$185 Environmental Services One-Man Survey Crew (Prevailing Wage) .........$205 Director of Environmental Services..............$215 Two-Man Survey Crew (Field) ........................$295 Senior Environmental Planner / GIS ............$175 Two-Man Survey Crew (Prevailing Wage) .........$325 Environmental Planner II .............................$145 Three-Man Survey Crew (Field)......................$380 Environmental Planner I ..............................$135 Three-Man Survey Crew (Prevailing Wage).......$415
Administrative Services
Utility Coordination Services Project Administrator ...................................$120 Utility Manager..............................................$185 Administrative Assistant...............................$115 Utility Coordinator .........................................$170 Drone Services
UAV Pilot – Photography ..............................$250 UAV Pilot – Survey Mapping.........................$400 The above rates include all labor, materials, and incidental expenses such as vehicle mileage, postage, toll calls, and survey materials. Not included are reproduction costs, title company charges, special mailing charges, application, filing or permit fees or survey monuments.
Item 12.
BB&K (2021)
80237.00000\34369632.1
Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"
SCHEDULE OF SERVICES
January 13, 2025 to June 30, 2025
Item 12.
BB&K (2021)
80237.00000\34369632.1
Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "C"
COMPENSATION
City agrees to compensate Consultant for such services as follows, including MSA 15% administrative mark-up on the subconsultant’s fee. Does not include reimbursable expenses.
Task/Description Fee
Survey and Utility Services
1.1. MSA Utility Research, Coordination and Supervision for Potholing...... $4,500
1.2. Private Utility Potholing ......................................................................$21,850
1.3. MSA Survey Pothole Results............................................................... $4,000 Total – All Tasks...............................................................................................$30,350
Item 12.
STAFF REPORT
2/12/2025
TO: Honorable Mayor and City Council Members
FROM: Jaime Arroyo, Grants Manager
SUBJECT: Authorize a Community-Based Grant to the Children’s Discovery Museum of the Desert (CDMOD) in the Amount of $1,000 to Support Enrichment Activities for Children
STAFF RECOMMENDATION:
Staff recommends that the City Council consider awarding a Community-Based Grant (CBG) to the Children’s Discovery Museum of the Desert (CDMOD in the amount of $1,000 to support enrichment activities for children.
BACKGROUND:
Since 1990, the Children’s Discovery Museum of the Desert has been a valuable community resource for children and families to experience the joy of learning about themselves and the world around them. The museum inspires personal growth by engaging curiosity and creativity through hands-on explorations of exhibits and programs.
Learning
Nurturing thoughtful, hands-on learning in a creative and engaging environment that celebrates learning as an innately joyful activity.
Family
A place where multigenerational family members can grow their relationships through comfortably exploring, sharing and learning together.
Community
A community resource and a welcoming place where people of all ages and backgrounds can come together to share experiences while learning about themselves and our world.
DISCUSSION/ANALYSIS:
The funds requested will go directly towards developing and executing educational exhibits, interactive activities, special events, outreach program, all designed to provide engaging and enriching experiences for young children. CDMOD’s hands-on activities encourage curiosity and creativity through play for children ages 0-8 years old. Since CDMOD’s reopening in May 2024,
Item 13.
Coachella Valley Unified School District has provided field trips for Coachella students to participate in their programs. Additionally, 10% of CDMOD’s memberships are made up of Coachella residents.
ALTERNATIVES:
1. Award a Community Based Grant in the amount of $1,000
2. Do not award a Community Based Grant
FISCAL IMPACT:
Should the City Council approve the staff recommendation, the Community-Based Grant Program account will be reduced by $1,000.
ATTACHMENT(S):
CBG Application Packet
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The Children's Discovery Museum of the Desert
July 2024 through June 2025 Budget
REVENUES
Admissions $967,898.00
Membership $184,324.00
Rental $39,715.00
Gift Shop Sales $53,231.00
Celebration $23,418.00
Camps $116,113.00
Field Trips $72,000.00
Donations and Gifts $450,000.00
TOTAL REVENUES $1,906,699.00
EXPENSES
Payroll Expenses $1,020,000.00
Program Expense $62,880.00
Maintenance and Repairs $93,352.00
Utilities $98,684.00
Auto $6,503.00
Bank Charges $35,718.00
Contracted Services $20,912.00
Insurance $11,264.00
Marketin & PR $24,505.00
Copier Lease $6,906.00
Office Supplies $6,900.00
Professional Development $11,866.00
General & Administrative $105,246.61
Fundriasing Expense $4,890.00
TOTAL EXPENSES $1,509,626.61
Item 13.
STAFF REPORT
2/12/2025
TO: Honorable Mayor and City Council Members
FROM: Jaime Arroyo, Grants Manager
SUBJECT: Approve Sponsorship Request by Culturas Music and Arts for their Annual Women Rising Rebozo Festival in the Amount of $5,000
STAFF RECOMMENDATION:
Staff recommends that the City Council considers awarding a sponsorship grant to Culturas Music and Arts in the amount of $5,000 to support their annual Women Rising Rebozo Festival event on March 8, 2025.
BACKGROUND:
Women Rising Rebozo Festival is a festival organized by Culturas Music and Arts that celebrates International Women’s Month. Past partnership has included the Alliance of California Traditional Arts, the City of Coachella and other generous event sponsors. The event highlights Mexico’s iconic traditional garment, the rebozo (shawl). The Rebozo is handwoven from cotton, wool, silk, and rayon, boasting various lengths, patterns, and fringe. It is a symbol of feminine strength, resilience and resistance. The festival itself is about empowering women, celebrating local women, entrepreneurs, artists and their accomplishments. The event recognizes women who go unnoticed—working women; those who volunteer their time for the greater good and other notable community champions.
DISCUSSION/ANALYSIS:
Aside from showcasing rebozos from various Mexican regions, the event will also feature a lunch buffet, entertainment, fashion show, silent auction, paper flower-making, and other arts and crafts.
[Continued on following page]
Item 14.
Anticipated Budget Costs:
Danza Azteca Citlatonac $500
Fashion Show Items $500
Mariachi Alma de Coachella $1,000
Luncheon $6,000
Audio/Visual $400
Printed Programs $600
Event Décor (Flowers, Table Cards, Signage) $1,800
Awards $700
Total $11,500
ALTERNATIVES:
1. Award sponsorship in the amount of $5,000
2. Do not award sponsorship
FISCAL IMPACT
Should the City Council approve the request as submitted, an appropriation of $5,000 from the General Fund will be required to allow for sponsorship award.
ATTACHMENTS:
Draft Event Flyer
Item 14.
FESTIVAL DEL REBOZO
$50 GENERAL ADMISSION
For more information on how to
get involved, contact Yaya:
[email protected]
(760) 984 - 2365
CULTURAS MUSIC - ARTS & WOMEN RISING PRESENT...
Ticket includes: A Delicious
Lunch Buffet, Entertainment,
Our Tiendita, Fashion Show,
Silent Auction, Paper Flower
Making & More!
Join us at the Festival del Rebozo (Rebozo Festival) an enchanting celebration of Mexico's iconic traditional garment. This versatile shawl cherished by indigenous women is handwoven from cotton, wool, silk, and rayon. It boasts diverse lengths, patterns, and fringe.
Immerse yourself in the cultural tapestry as we showcase rebozos from various Mexican regions. Tapanos con tu Rebozo!
Doors Open @ 10AM
NOW ACCEPTING DONATIONS
& SPONSORSHIPS
Scan to Register!
SPONSOR RECOGNITION
[to be determined]
CELEBRATING INTERNATIONAL WOMEN'S MONTH
Item 14.
STAFF REPORT
2/12/2025
TO: Honorable Mayor and City Council Members
FROM: Jaime Arroyo, Grants Manager
SUBJECT: Authorize the City of Coachella to Sponsor The Mobius Conference in the Amount of $3,000
STAFF RECOMMENDATION:
Staff recommends that the City Council consider authorizing the City of Coachella to sponsor The Mobius Conference in the Amount of $3,000.
BACKGROUND:
Mobius is a nonprofit organization based in the Coachella Valley dedicated to engaging, connecting, and sharing evolving topics in art, politics, and culture. The Mobius Conference brings together a select group of talented leaders, educators, students, and activists who are working to positively affect the collective community.
DISCUSSION/ANALYSIS:
Mobius is requesting sponsorship to help offset the expense of a two-day conference in the City of Coachella. The conference will be held April 16-17, 2025, at the Coachella Library. The event will be filled with dynamic guest speakers, which in the past has included Dolores Huerta, Fiona Ma, Emilio Rivera, and many other writers, artists, and educators. Local sponsors and partners include the office of the Riverside County Board of Supervisors, the Coachella Valley Unified School District, and many more. Over 1,000 students are expected to attend programs directed toward career development, media diversity, civic engagement, and AI technology.
ALTERNATIVES:
1. Authorize the City of Coachella to sponsor The Mobius Conference in the Amount of $3,000
2. Not authorize the sponsorship request
FISCAL IMPACT:
Funding for this sponsorship will be through the General Fund.
Item 15.
ATTACHMENT(S):
Conference Flyer
Item 15.
MOBIUS
EXPERIENCE
THE
A C T I VAT I N G T H E C O A C H E L L A VA L L E Y
APRIL 16-17, 2025
Item 15.
COACHELLA
WK 1
COACHELLA
WK 2
APRIL 2025
COACHELLA VALLEY
MOBIUS
2025
Key topics for Mobius 2025:
The Mobius Conference brings in a diverse group of thought leaders from throughout the country to discuss and advance relevant topics. It serves as a catalyst for inclusion, meaningful collaboration, and the promotion of diverse perspectives, inspiring innovative and sustainable solutions.
SCIENCE· EXPLORATION· PERFORMANCE· TECHNOLOGY· DESTINY
STUDENTS, ARTISTS,
POLICYMAKERS,
ACTIVISTS & MEDIA
MULTI-FORMATTED
PROGRAMMING LUMINARIES TACKLING
PACESETTING THEMES
MENTORSHIP &
SKILL DEVELOPMENT
A C T I VAT I N G T H E C O A C H E L L A VA L L E Y
APRIL 16-17, 2025
PREVIOUS MOBIUS SPEAKERS
W W W. T H E M O B I U S C O N F E R E N C E . C O M Page 288 Item 15.
A C T I VAT I N G T H E C O A C H E L L A VA L L E Y
W W W. T H E M O B I U S C O N F E R E N C E . C O M
WEDNESDAY, APRIL 16, 2025
YOUTH LEADERSHIP & STEM
8 - 9 AM
FOR TRAILBLAZERS WHO WANT
TO REACH THE STARS!
JOIN US FOR A STELLAR CONVERGENCE FOR
LOCAL STUDENTS FOSTERING GROWTH,
COLLABORATION, AND NEW POSSIBILITIES.
FOR MORE INFORMATION PLEASE EMAIL [email protected] IN PARTNERSHIP WITH:
SPECIAL GUESTS,
PANEL & DISCUSSIONS
Item 15.
STAFF REPORT
2/12/2025
TO: Honorable Mayor and City Council Members
FROM: Cástulo R. Estrada, Utilities Director
SUBJECT: Amendment No.1 to Task Order for Well #16 under a Professional Services Agreement with Dudek for Pump Testing Well #16 in an amount not to exceed $45,920.00.
STAFF RECOMMENDATION:
Authorize the City Manager to execute Amendment No.1 to Task Order for Well #16 under a Professional Services Agreement with Dudek for Pump Testing Well #16 in an amount not to exceed $45,920.00
BACKGROUND:
The City of Coachella and its Coachella Water Authority (CWA) is responsible for the water service to its residents and customers within its service boundary. The water division of the Utilities Department serves a population of approximately 45,000. Existing land uses consists primarily of single and multi-family homes, but also includes commercial and industrial zones.
CWA has one principal source of water supply, local groundwater pumped from the CWA‐owned wells. There are currently six wells within the City’s distribution system. The total pumping capacity of active wells is approximately 11,759 gallons per minute (gpm) or 16.5 million gallons per day (MGD).
DISCUSSION/ANALYSIS
Well # 16 was drilled in January 1991, when it was first completed; it had a capacity of approximately 2,650 gallons per minute. The well has a total depth of 730 ft. Since then the capacity has dropped to approximately 1,848 gallons per minute. Recently the well’s performance has been concerning. On September 2023 staff worked with South West Pump and Drilling to perform a down-hole video inspection of the well casing.
The video inspection confirmed severe bacteriological growth on the well casing due to the age of the well. Staff recommends the rehabilitation of the well to remove the bacterial growth, scale and debris to unclog the water pathways through the gravel filter pack into the well. The rehabilitation of the well will help improve the efficiency and help reduce excessive velocities in areas that are currently clogged.
Item 16.
On June 2024, Council awarded a professional services contract to Dudek to work with staff to prepare technical specifications and a bid package for the rehabilitation of Well #16. Since then staff has been working with Dudek, reviewed data and performed preliminary rehab to clear off enough scale to conduct a follow up video to determine if the casing retains enough integrity to withstand re-development stress and if further rehabilitation efforts and expenditures are reasonable.
At the end of 2024 a follow up video was performed and a summary of the preliminary rehab results was complete. It was determined that the poly brushing unplugged some of the perforations and removed some scale material, but there are also concerns that the brushing also removed some amount of metal from the casing material. Based on these casing/water quality characteristics and the results of that initial rehab, there is some risk in going with a more aggressive rehabilitation to try to remove more scale, and may not be necessary depending on the results of the pump testing.
FISCAL IMPACT:
On 06/12/2024, City Council approved City Project W-54 Rehabilitation of Well #16; and appropriated $300,000.00 for FY 24/25. There are enough funds in this FY to cover this request.
ATTACHMENTS:
1. Draft Amendment No. 1
2. L.O. LYNCH Test Pump Estimate
Item 16.
AMENDMENT TO TASK ORDER TO PREPARE BID DOCUMENT PACKAGE FOR THE REHABILITATION OF WELL #16
AMENDMENT NO. 1 – Pump testing by subcontractor L.O. LYNCH Quality Wells and Pumps, Inc.
CONSULTANT: Dudek
78-075 Main Street, Suite G203
La Quinta, CA 92253
AMENDMENT NO. 1
****************************************************************************** Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the Contract. *************************************************************************************
DESCRIPTION OF CHANGE
Proposed pump testing to verify production potential. Determine water level response and current sustainable production. Lynch to install test pump capable of 1,800 GPM. Dudek to install recording water level transducers to verify water level response to pumping/recovery. Perform step test at 3-4 flow rates to determine flow rate for constant rate test. Perform constant rate test at flow rate based on results of step test. Dudek to provide an analysis and memo with results. ************************************************************************************* Current Contract Amount $68,982.00
Proposed Amendment No.1 $45,920.00
Revised Contract Total $114,902.00
************************************************************************************* Submitted
By: Date:
Cástulo Estrada-Real, Utilities Director
Approved By: Date:
Bill Pattison, City Manager
We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above.
Accepted By: Title:
Consultant: Date:
Item 16.
Pump Estimate
Date
12/23/2024
Estimate #
21618
Name / Address
City of Coachella
Castula Estrada
53990 Enterprise Way
Coachella,CA 92236
Ship To
Terms
Signature
Total
Customer Phone Customer Fax
THE FOLLOWING APPLIES UNLESS OTHERWISE STATED: Any item not specifically mentioned is not included nor was it intended. Delivery/shipment is estimated and L.O. Lynch is not responsible for delays beyond their reasonable control.
Prices DO NOT include special equipment (if required) or freight. This quote is firm for 30 days from above date. L.O. Lynch takes complete and total exception to any requirements, plans and/or specifications not provided to company for review.
Interest will begin to accrue 10 days after date of Invoice at a rate of 1-1/2% per month. If any legal action or proceeding arising out of or relating to this Contract is brought by either party to this Contract, the prevailing party will be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorney's fee, costs and expenses incurred in the action or proceeding by the prevailing party. 951-654-7724 Toll Free 888-654-7724 Fax 951-654-2060
Item Description Qty U/M Cost Total
CONDITION4 SCOPE OF WORK TO BE DONE: 0.00 0.00
PRICING LISTED BELOW IS FOR PERFORMING A PUMP
TEST ON WELL 16
MOBILIZATION MOB/DEMOB FEE 1 ea 7,500.00 7,500.00
STEP 1 - INSTALL TEST PUMP
LPS200 LABOR-PUMP SERVICE ( LARGE PUMP EQUIPMENT) 1 hr 9,520.00 9,520.00 STEP 2 - INSTALL DISCHARGE PIPING TO DISCHARGE
POINT
DISCHARGE C... DISCHARGE CONVEYANCE RENTAL / INSTALL 1 ea 7,500.00 7,500.00 STEP 3 - PERFORM TESTING
LPS200 LABOR-PUMP SERVICE ( LARGE PUMP EQUIPMENT) 1 hr 11,880.00 11,880.00 STEP 4 - PULL TEST PUMP
LPS200 LABOR-PUMP SERVICE ( LARGE PUMP EQUIPMENT) 1 hr 9,520.00 9,520.00 Signature Please indicate acceptance of this estimate by signing below and returning estimate with payment.
0.00 0.00
PREPAREDBY Respectfully,
Phil Lucas Sales Manager
951-858-0181
[email protected]
1 ea 0.00 0.00
_____________________________________
$45,920.00
Item 16.
STAFF REPORT
2/12/2025
TO: Honorable Mayor and City Council Members
FROM: Cástulo R. Estrada, Utilities Director
SUBJECT: Water Lateral Replacement Cost Share for Rancho Mariposa – Tract 30831 in the Amount of $40,000.00
STAFF RECOMMENDATION:
Authorize the cost share payment of $40,000.00 for the replacement of twenty (20) water laterals for Rancho Mariposa – Tract 30831
BACKGROUND:
City staff completed and administrative review of Architectural Review No. 23 – 11 at the end of 2023. As part of this review, the Utilities Department provided conditions of approval, which included direction to submit water, and sewer improvement plans to ensure construction of the proposed project adhered to updated City Standards and Specifications.
DISCUSSION/ANALYSIS:
The Rancho Mariposa Tract 30831 project started around 2004 and remained unfinished due to the housing crash. Twenty (20) lots remained unfinished and construction fronting these lots such as the roads, water infrastructure, and other items remained incomplete. The original project installed plastic water service lines, which the City no longer approves due to its high failure rate, which causes leaks and interrupts service when repairs are required.
The City conditioned the project to replace the plastic services with copper tubing, which is now the standard practice of the City to install, and is a material that is used by neighboring water agencies.
The project applicant expressed concerns to the City about the cost associated with replacing these service lines, and the City expressed concerns about leaving them in place and provided examples of past experiences where the existing plastic service lines have remained in place and caused significant issues soon after projects are complete that result in tearing our sections of new roads as was the case at Vista Escondida.
Item 17.
The project applicant proposed cost sharing. City staff requested a cost estimate to replace the twenty (20) laterals to consider. The cost to replace the laterals came in at $4,000 per connection, which results in a total cost of $80,000.00
FISCAL IMPACT:
A request to appropriate $40,000.00 from the reserve balance in the Water Utility Fund and placed in the budget line item for Repair and Maintenance Services (Operations).
ATTACHMENTS:
1. Invoice for Cost Share
Item 17.
KL Ventures, Inc. INVOICE
PO Box 9559
Alta Loma, CA 91701
INVOICE # 48673
DATE: 12/9/2024
Bill To:
City of Coachella – Public Utilities Department
53990 Enterprise Way
Coachella, CA 92236
For:
Water Lateral Replacement
Rancho Mariposa – Tract 30831 – 20 SFR
DESCRIPTION AMOUNT
Rancho Mariposa
- Replace Water Laterals for 20 SFR in Rancho Mariposa Tract - Sawcut Asphalt, Install 1” new copper service
$40,000
Total $40,000
Make all checks payable to KL Ventures, Inc.
If you have any questions concerning this invoice, contact 951-231-7206
Item 17.
STAFF REPORT
2/12/2025
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E. - City Engineer
SUBJECT: Accept an offer for a Temporary Construction Easement on real property owned by the City of Coachella (APN 603-220-051) in an amount of $1,000 for the Arts and Music Line, Project ST-140
STAFF RECOMMENDATION:
o Accept a just compensation of $1,000 for a Temporary Construction Easement (TCE) on real property owned by the City of Coachella (APN 603-220-051); and o Authorize the City Manager and the City Engineer to sign a Right-of-Way (R/W) Contract as needed for the execution of the TCE for the Arts and Music Line, City Project ST-140.
EXECUTIVE SUMMARY:
The Coachella Valley Association of Governments (CVAG) is the lead agency for the proposed Avenue 48 Arts and Music Line (Arts and Music Line Project) improvements and has contracted with Webb and Associates to design the project.
The proposed Arts and Music Line Project will be a community connector to the CV Link located primarily along Avenue 48. On October 20th, 2022, the California Transportation Commission (CTC) staff announced that CVAG was recommended for a 36.483 million dollar grant for the Arts and Music line.
BACKGROUND:
The Arts and Music Line is a pedestrian and bicycle community connector to the CV Link and located primarily along Avenue 48. The eastern end will extend along Dillon Road to the Spotlight 29 Casino. The western end will extend to Washington Street.
The project’s design will incorporate both light and sound elements, plus. The project also includes partnerships with two school districts and Golden Voice, as the route provides an opportunity to feature students’ art and music.
The Temporary Construction Easement is determined to have a just compensation of $1,000 for construction crews to enter into Las Flores Park (APN 603-220-051) along the frontage of the property to complete the construction of the Arts and Music Line Project. Exhibits depicting the
Item 18.
easement area, a valuation, and the Right-of-Way contract are attached hereto in the Final Offer Package.
FISCAL IMPACT:
No Fiscal Impact to FY 24/25 budget.
ATTACHMENTS:
1. Temporary Construction Easement (APN: 603-220-051) Offer Package
Item 18.
Federal Project #: ATPL 6164(026) PPNO 1290A
RECEIPT OF OFFER PACKAGE
Arts and Music Line Street Improvement Project
No Situs
Coachella, CA 92236
APN: 603-220-051
1. Property Owner: City of Coachella, a Municipal Corporation
2. Property Address: No Situs, Coachella, CA 92236
This is to acknowledge receipt of the offer package containing the following items:
Written Offer Letter Dated October 28, 2024
Waiver Valuation prepared by Monument
Right of Way Contract
Temporary Construction Easement Deed
Exhibit Map for the Interest to be acquired
Preliminary Title Report
Acquisition Brochure
Title VI Package
W-9 Request for Taxpayer ID
__________________________________________ ______________ By: Date
Its:
__________________________________________ ______________ By: Date
Its:
Item 18.
Federal Project #: ATPL 6164(026) PPNO 1290A
October 28, 2024
City of Coachella, a Municipal Corporation
1515 6th Street
Coachella, CA 92236-1757
Re: Offer to Acquire Property Rights
Arts and Music Line Street Improvement Project
No Situs, Coachella, CA 92236
Assessor Parcel No. 603-220-051
Dear City of Coachella:
The Coachella Valley Association of Governments (CVAG) (herein called “CVAG”) is proceeding with the Arts and Music Line Active Transportation Project (the “Project”). CVAG worked with the cities of Coachella, Indio, La Quinta, and Riverside County to develop the 9-mile bike path. The Arts & Music Line Street Improvement Project is a community connector to the Coachella Valley Link located primarily along Avenue 48 between Washington Street and Dillon Road. The east end will extend along Dillon Road from Avenue 48 to the White Water River.
CVAG has determined that the Project will require the acquisition of a certain property interest in the property located at No Situs, Coachella, CA 92236 and identified by the Riverside County Assessor as Assessor Parcel Number 603-220-051 (the “Property”). A review of public records indicates that you are the owner of record of the Property.
CVAG is interested in negotiating the purchase of a 9,087 square foot temporary construction easement (the “Property Interest”) in your Property for a term of thirty-six (36) months. The Property Interest is depicted in the enclosed exhibit map. CVAG hereby offers you the amount of ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) for the Property Interest.
CVAG has retained Monument ROW ("Monument") to contact the property owners in order to acquire the necessary rights for the Project and has specifically authorized Monument to make this offer to you.
It is CVAG’s policy to acquire privately owned property only when it is essential to do so, and through voluntary purchase if possible. While CVAG has the power of eminent domain, condemnation has not been authorized with respect to the Property Interest.
Federal and California law require that before making an offer to acquire real property or an interest in real property, CVAG must obtain an appraisal/valuation to determine the fair market value of the property interests to be acquired for the Project, establish an amount which it believes to be just compensation for the property interest to be acquired, and make an offer to the owner or owners of record to acquire the property interest in the full amount of the just compensation so established.
Item 18.
CVAG has determined that the amount of just compensation for the Property Interest is the sum of ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00). CVAG’s offer is the full amount that CVAG has determined to be the fair market value of the Property Interest. The basis for that determination is explained in the enclosed waiver valuation prepared by Monument dated October 9, 2024.
It is CVAG’s hope that this price is agreeable to you and that the acquisition can begin immediately. This offer is, however, conditioned upon CVAG’s ratification of the offer by execution of a contract of acquisition in a form and substance approved by Board of Directors of CVAG. This offer is also based on the assumption that the Property Interest is free of contamination and requires no remediation. If contamination is found, this offer will be subject to amendment.
You have the right to obtain your own independent appraisal. Pursuant to California Code of Civil Procedure section 1263.025, you are entitled to be reimbursed for the reasonable cost, up to five thousand dollars ($5,000), for an independent appraisal you obtain. In order to receive any reimbursement, the appraiser you choose must be licensed with the California Bureau of Real Estate Appraisers (formerly the California Office of Real Estate Appraisers) and you must submit your reimbursement request in writing to Monument.
With your reimbursement request, you must submit (1) copies of the contract (if a contract was made), (2) the appraisal report, and (3) the invoice for the completed work by the appraiser. Your request must be submitted to Monument within ninety (90) days of the earlier of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal.
If you wish to accept this offer, please sign the enclosed Right of Way Contract, sign and notarize the enclosed deed and call Cami Stigall of Monument at (949) 280-0313 so that delivery of the signed contract and signed and notarized deed can be arranged. If you have any questions or wish to discuss this matter further, please feel free to call Cami Stigall at the number noted above.
Sincerely,
Monument
Cami Stigall
Right of Way Agent
On behalf of CVAG
Enclosures:
Waiver Valuation
Right of Way Contract
TCE Deed
Acquisition Brochure
Title VI Package
Item 18.
CONFIDENTIAL
This document contains personal information and
pursuant to Civil Code 1798.21, it shall be kept
confidential in order to protect against unauthorized
disclosure.
WAIVER VALUATION
APN: 603-220-051
Date: October 9, 2024
Owner: City of Coachella
Property Address: No Situs, Coachella, CA 92236
Zoning: Open Spaces Present Use: Recreational Best Use: Current Use Date of Previous Sale: According to the public records, no deeds conveying the subject property have been recorded within a period of 5 years prior to the date of this report.
Total Lot Size: 25.4 acres / 1,106,424
Sq. Ft.
Land Area Affected (SF): 9,087 Sq. Ft. - TCE
Interest Valued: Temporary Construction Easement
Waiver Valuation Total: $1,000.00
PARCEL DESCRIPTION:
The subject property is identified as APN 603-220-051, totaling 1,106,424 square feet/25.4 acres. The property is situated in the City of Coachella, in the County of Riverside, and located on Van Buren Street, between Avenue 48 and Avenue 49. The parcel is zoned Open Spaces (OS). The property is currently being used as a recreational facility (Rancho Las Flores Park and Event Venue).
The Coachella Valley Association of Governments (CVAG) (herein called “CVAG”) is proceeding with the Arts and Music Line Active Transportation Project (the “Project”). CVAG worked with the cities of Coachella, Indio, La Quinta, and Riverside County to develop the 9-mile bike path. The Arts & Music Line Street Improvement Project is a community connector to the Coachella Valley Link primarily along Avenue 48 between Washington Street and Dillon Road. The east end will extend along Dillon Road from Avenue 48 to the White Water River. This is a public project which may require the purchase of certain interests in a portion of the real property located at No Situs, Coachella, CA known by APN 603- 220-051 for the interactive pedestrian and cycling pathway improvement purposes.
Item 18.
ANALYSIS FINDING:
COMPARABLE SALE CHART:
IMPROVEMENTS WITHIN THE ACQUISITION AREAS:
TEMPORARY CONSTRUCTION EASEMENT AREA (9,087 Sq. Ft.):
All improvements within the TCE area will be protected in place.
COST CALCULATION DETAILS/ASSUMPTIONS:
The indicated comparable land value of $.35 per Sq. Ft. is utilized as the basis for the valuation of the proposed acquisitions.
Based on our experience, rates of return on land leases range between 9% to 11% of the value of the land per year. Ten percent of the fee value per year is appropriate for the proposed TCE over the subject property. Additionally, the TCE is required for a period of 36 months and is valued as such.
The TCE areas are improved with shrubs, decorative rocks and asphalt as part of the driveway entrance to the venue. All improvements will be protected in place.
Comp APN Property Address City
Property
Type Sale Date
Lot Size (Sq.
Ft.) Sale Price
Price/SF
Land
1 763-150-028 Unavailable Coachella OS 7/7/22 1,960,200 $ 320,877 $0.16 2 697-290-006 0 Fargo Canyon Indio OS 7/26/22 871,200 $ 40,000 $0.05 3 697-190-007 86315 Brack Indio OS 10/17/22 217,800 $ 125,000 $0.57 4 745-402-014 0 Old Aqueduct Indio OS 10/16/23 217,800 $ 12,000 $0.06 5 697-290-012 82777 Aqueduct Indio OS 2/13/24 204,732 $ 7,500 $0.04 6 697-210-003 Fargo Canyon Rd Coachella OS 8/15/24 87,120 $ 45,000 $0.52 Using the Comparable Sales appraisal method, recent sales of comparable open space land were compiled. Six comparable properties were identified and analyzed. These sales range from July 2022 to August 2024, and site sizes range from 87,120 square feet to 1,960,200 square feet. The sale prices per square foot range from $0.04 to $0.57. After review of each comparable land sale, it is opined that the fair market bare land value of the subject parcel, as of the date of this analysis, is $0.35 per square foot. Comparables #1 and #6 are applied primary consideration in determining the subject’s estimated price per square foot due to location characteristics (located in the city of Coachella). In addition, comparable #1 brackets the subject’s site size; Comparable #6 is the most recent sale.
Item 18.
CALCULATION: TEMPORARY CONSTRUCTION EASEMENT FOR PARCEL 603-220-051 TCE area base land value (9,087 Sq. Ft. x $.35/Sq. Ft.) $3,180.45 10% annual return on land value ($3,180.45 x 10%) $318.45 Monthly ground rent on land value ($318.45/ 12 months) $26.54 Estimated compensation for TCE for 36 months ($26.54 x 36 MONTHS) $955.44 TOTAL JUST COMPENSATION: $955.44
(ROUNDED) $1,000.00
DAMAGES AND BENEFITS:
There are no severance damages accruing to the remainder as a result of the proposed acquisition, nor any quantified benefits added as a result of the proposed project.
CONSTRUCTION CONTRACT WORK:
There is no construction/contract work to be performed.
Inspected Date: 08/01/24 By: ____________________________________ Jennifer Goralski, Project Manager
Item 18.
ROW Exhibit Map
Temporary Construction Easement
Item 18.
SUBJECT PROPERTY PHOTOGRAPHS
Item 18.
SUBJECT PROPERTY PHOTOGRAPHS
___________________________________________________________________
Item 18.
ASSESSOR PARCEL MAP
Item 18.
Coachella Valley Association of Governments (CVAG)
RIGHT OF WAY CONTRACT
CONFIDENTIAL
This document contains personal information, and
pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized
disclosure.
1315681.1
District County Route P.M. (KP) E. A. Fed. Ref. Name APN 8 RIV N/A N/A N/A ATPL 6164(026)
PPNO 1290A
City of Coachella 603-220-051
City of Coachella, a Municipal Corporation
Grantor
RIGHT-OF-WAY CONTRACT
City of Coachella, a Municipal Corporation (hereinafter, "Grantor"), owns the real property located at No Situs, Coachella, CA 92236 in the County of Riverside, Assessor Parcel Number 603-220-051 (the "Property"). A portion of the Property is needed for construction of the Arts and Music Line Street Improvement Project, a public project that plans to construct a 9- mile bike path which is a community connector to the Coachella Valley Link located primarily along Avenue 48 between Washington Street and Dillon Road. The east end will extend along Dillon Road from Avenue 48 to the White Water River (the "Project"). A Temporary Construction Easement Deed (Exhibit "1") to the Coachella Valley Association of Governments (CVAG), covering the property interest as depicted in Exhibit "A" attached to Exhibit "1" (collectively, the "Property Interest") has been executed and delivered to, Cami Stigall, Right-of-Way Agent for Monument, agent for CVAG.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
1. (A) The parties have herein set forth the whole of their agreement ("Agreement"). The performance of this Agreement constitutes the entire consideration and shall relieve CVAG of all further obligations or claims on this account, or on account of the location, grade or construction of the proposed public improvement. (B) CVAG requires said Property Interest described in Exhibit "1" for the Project, a public use for which CVAG has the authority to exercise the power of eminent domain. Grantor is compelled to sell and CVAG is compelled to acquire the Property Interest.
(C) Both Grantor and CVAG recognize the expense, time, effort, and risk to both parties in determining the compensation for the Property Interest by eminent domain litigation. The compensation set forth herein for the Property Interest is in compromise and settlement, in lieu of such litigation. (D) It is agreed that CVAG may open an escrow in accordance with this Agreement at an escrow company of CVAG’s choice ("Escrow Agent"). This Agreement constitutes the joint escrow instructions of CVAG and Grantor, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to perform all acts reasonably necessary to close this escrow within sixty (60) days following the opening of escrow.
2. (A) CVAG shall pay the undersigned Grantor the sum of ONE THOUSAND DOLLARS and NO CENTS ($1,000.00) for the Property Interest conveyed by Exhibit "1" when title to said Property Interest vests in CVAG free and clear of all liens, deeds of trusts, encumbrances, assessments, easements and leases (recorded and/or unrecorded), and taxes.
Item 18.
Coachella Valley Association of Governments (CVAG)
RIGHT OF WAY CONTRACT
CONFIDENTIAL
This document contains personal information, and
pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized
disclosure.
1315681.1
(B) CVAG shall pay all escrow and recording fees incurred in this transaction, and if title insurance is desired by CVAG, the premium charged, therefore. Due to CVAG's status as a public agency, no recording fees will be payable (pursuant to Government Code Section 27383) and no documentary tax will be payable (pursuant to Revenue & Taxation Code Section 11922). This transaction may be handled through an external escrow with Commonwealth Land Title Company or another selected escrow company. (C) CVAG shall have the authority to deduct and pay from the amount shown on Clause 2(A) above, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien at the close of escrow.
3. FULL AND COMPLETE SETTLEMENT. Grantor hereby acknowledges that it is the sole and lawful owner of the Property and the compensation paid to Grantor through this Agreement constitutes the full and complete settlement of any and all claims against CVAG, the City of Coachella and the State of California, Department of Transportation (hereinafter "Releasees") by reason of the Project and/or acquisition of the Property Interest, including, but not limited to, any and all rights or claims that Grantor had, currently has, or may in the future have under Article 1, Section 19 of the California Constitution, the Eminent Domain Law, or any other law or regulation, except as provided herein. Grantor on behalf of itself and its successors and assigns, further knowingly and voluntarily waives and expressly releases and discharges Releasees and any and all of Releasees' employees, agents, officers, servants, representatives, contractors, attorneys, partner agencies and assigns, from liability in regard to any claims for the following: pre-condemnation damages, inverse condemnation, lost business goodwill, lost profits, lost rents, severance damages, mitigation damages, curative costs, landscaping, compensation for the construction and use of the Project in the manner proposed, damage to or loss of improvements pertaining to the realty, machinery, fixtures, inventory, equipment and/or personal property, interest, any right to repurchase, leaseback, or receive any financial gain from, the sale of any portion of the Property Interest, any right to challenge the adoption of a resolution of necessity, any right to receive any notices pursuant to Code of Civil Procedure section 1245.235, any right to enforce any obligation pursuant to the Eminent Domain Law, any other rights conferred upon Grantor pursuant to the Eminent Domain Law, and claims for litigation expenses, attorney's fees, statutory interest and/or costs. Grantor further consents to the dismissal of any Eminent Domain proceeding that is filed pertaining to the Property Interest and further waives all attorney's fees, costs, claims to money on deposit, disbursements and expenses in connection with the dismissal of said proceeding.
4. The parties intend that this Agreement will result in a full, complete and final resolution and settlement of any and all claims, causes of action or disputes which exist, or may exist, between them as to the acquisition, possession and/or use of the Property Interest, except as expressly provided herein. It is therefore understood that the waiver, under this Agreement, of any rights, damages, compensation or benefits to which Grantor is, or may be, entitled is intended to be full and complete. Accordingly, except as provided herein:
(A) Pursuant to the releases set forth in this Agreement, Grantor specifically waives the provision of section 1542 of the Civil Code of the State of California which provides:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." (B) Grantor represents and warrants that it understands the effect of this waiver of section 1542 and has had the opportunity to discuss the effect of this waiver with counsel of its choice.
Item 18.
Coachella Valley Association of Governments (CVAG)
RIGHT OF WAY CONTRACT
CONFIDENTIAL
This document contains personal information, and
pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized
disclosure.
1315681.1
5. Any monies payable under this Agreement up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said deed(s) of trust or mortgage(s), shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) are to furnish Grantor with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust.
6. Grantor represents and warrants that it is the fee simple owner of the Property and that it has the right to convey the Property Interest. Grantor will defend and indemnify CVAG, its successors and/or assigns if it turns out that a claim is made or legal action is filed against CVAG, its successors and/or assigns by someone claiming a legal interest in or right to the Property, or any portion thereof. Grantor represents and warrants that it will defend and indemnify CVAG, its successor and/or assigns in the amount of any due and unpaid real property taxes, assessments, liens and any penalties and delinquencies on the Property. Grantor represents and warrants that it has made no assignment of any interest in the Property.
7. Grantor represents and warrants that there are no oral or written leases on all or any portion of the Property exceeding a period of one month. Grantor agrees to hold CVAG harmless and reimburse CVAG for any and all of its losses and expenses occasioned by reason of any lease of said Property held by any tenant of Grantor for a period exceeding one month. Grantor acknowledges that a general release or quitclaim deed will be required from any lessee regarding the disclaimer of the tenants' interests in the amount payable under Clause 2(A) above. Said general releases or quitclaim deeds are to be provided by Grantor, prior to the close of escrow. The provisions of this paragraph shall apply to current leases on the Property as well as future leases, if any, that are entered into after the execution of this Agreement.
8. It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2(A) above is payment in full to compensate Grantor for the purchase of the following improvements, including but not limited to: None.
9. It is understood and agreed by and between the parties hereto that the following improvements within the Property Interest will be protected in place: Shrubs, decorative rocks and asphalt as part of the driveway entrance to the venue. It is further understood and agreed to by and between the parties hereto that the following improvements within the Property Interest will be relocated: None.
10. CVAG shall not take actual/physical possession of the Temporary Construction Easement until thirty (30) day advance notice by CVAG or CVAG’s contractor is given to Grantor of CVAG's taking actual/physical possession of the TCE.
Prior to CVAG's actual/physical possession of the TCE, Grantor agrees to hold harmless, defend and indemnify CVAG its officers, directors, employees and agents against any and all claims including property damage or injuries resulting from the use of the area within the TCE by Grantor and/or Grantor's guests, invitees, or any other person. CVAG shall not be deemed to have control of the TCE nor duty to maintain the TCE in a safe condition prior to the time CVAG or CVAG’s contractor take actual/physical possession of the TCE.
Grantor agrees to name CVAG as an additional insured under its current insurance policy. Grantor further agrees to notify CVAG in writing within thirty (30) days of any potential claim relating to the area within the Property Interest prior to CVAG taking actual/physical possession of the Property Interest.
11. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the Property Interest by CVAG, including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Clause 2(A) above are deposited into the escrow controlling this transaction. The amount shown in Clause 2(A) above includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date.
Item 18.
Coachella Valley Association of Governments (CVAG)
RIGHT OF WAY CONTRACT
CONFIDENTIAL
This document contains personal information, and
pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized
disclosure.
1315681.1
12. It is understood and agreed by and between the parties hereto that payment as provided in Clause 2(A) includes, but is not limited to, payment for any and all past, present, and/or future damages which have accrued or may accrue to Grantor's remaining property by reason of its severance from the property conveyed herein and the construction and use of the proposed Project, including, but not limited to, any expense which Grantor may incur in restoring the utility of the remaining property. This release is not intended to extend to unanticipated physical damage caused by construction.
13. It is agreed between the parties hereto that CVAG is not assuming responsibility for payment or subsequent cancellation of unpaid assessments on Property Interest acquired under this transaction. Said assessments include but are not limited to any assessments listed in the title report (Stewart Title Company order number 23000111258) Grantor acknowledges that it has received and reviewed the Preliminary Title Report. The assessments remain the obligation of Grantor. Payment for the Property Interest acquired under this transaction is made upon the basis that the Grantor retains its obligation to the levying body respecting said assessments.
14. The Temporary Construction Easement shall be for a period of thirty-six (36) months, commencing on June 1, 2025 and ending on May 31, 2028 ("TCE Term"). Grantor shall be provided at least thirty (30) days written notice prior to commencement of work within the Temporary Construction Easement area. Grantor agrees to keep the TCE area free and clear of all materials, shrubbery, crops, improvements, personal property, and debris during the TCE Term. Grantor agrees that any materials, shrubbery, crops, improvements, personal property and debris within the TCE area that remains after commencement of work within the TCE area may be removed by CVAG and/or its contractor. Grantor further agrees that the cost of removal of any materials, shrubbery, crops, improvements, personal property, or debris that are installed during the TCE Term shall be the sole responsibility of Grantor. In the event it is anticipated the use will extend beyond the prescribed time, CVAG and the Grantor shall enter into an amendment contract to extend the term of the TCE. CVAG shall provide Just Compensation for the extended period.
15. Any notice either party may or is required to give the other shall be in writing and shall be either personally delivered or sent by registered or certified mail, return receipt requested. If by mail, service shall be deemed to have been received by such party at the time the notice is delivered to the following addresses:
To Grantor:
City of Coachella, a Municipal Corporation
1515 6th Street
Coachella, CA 92236-1757
To CVAG:
74199 El Paseo, Ste. 100
Palm Desert, CA 92260
Attn: Tom Kirk
Executive Director
16. It is understood and agreed by and between the parties hereto that this Agreement inures to the benefit of, and is binding on, the parties, their respective heirs, personal representatives, subsequent purchasers, successors, and/or assignees.
CVAG may freely assign any or all of its interests or rights under this Agreement.
17. Grantor represents and warrants that during the period of Grantor's ownership of the Property, there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the Property.
Grantor further represents and warrants that Grantor has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous wastes on, from, or under the Property which may have occurred prior to Grantor taking title to the Property.
Item 18.
Coachella Valley Association of Governments (CVAG)
RIGHT OF WAY CONTRACT
CONFIDENTIAL
This document contains personal information, and
pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized
disclosure.
1315681.1
The acquisition price of the Property Interest being acquired in this transaction reflects the full and complete settlement of the Property Interest without the presence of contamination. If the Property Interest being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, CVAG may elect to recover its clean-up costs from those who caused or contributed to the contamination including, but not limited to, Grantor.
18. It is understood and agreed that the fully executed Temporary Construction Easement Deed may be recorded in the Recorder's Office for the County of Riverside.
19. CVAG reserves the right to cancel escrow and terminate this Agreement if at any time CVAG determines that the Property Interest is no longer needed for the Project.
20. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter of this Agreement and may not be modified except by an instrument in writing signed by the party to be bound thereby.
21. If any term or provision of this Agreement shall be held to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.
22. Each individual executing this Agreement on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Agreement, and that said entity will thereby be obligated to perform the terms of this Agreement.
23. This Agreement may be executed in counterparts, including by facsimile and/or e-mail, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument.
24. The parties to this contract shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21 and 28 C.F.R. Section 50.3.
25. No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is subject of this contract.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS
Item 18.
Coachella Valley Association of Governments (CVAG)
RIGHT OF WAY CONTRACT
CONFIDENTIAL
This document contains personal information, and
pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized
disclosure.
1315681.1
In Witness Whereof, the Parties vested have executed this Agreement the day and year set forth below.
City of Coachella, a Municipal Corporation
By: ____________________________________________
Name: __________________________________________
Its: _____________________________________________
Date: ___________________________________________
By: ____________________________________________
Name: __________________________________________
Its: _____________________________________________
Date: ___________________________________________
Coachella Valley Association of Governments (CVAG)
By:________________________________________
Tom Kirk
Executive Director
Date:_______________________________________
APPROVED AS TO FORM:
By:_______________________________________
Best Best & Krieger LLP
Item 18.
RECORDING REQUESTED BY
WHEN RECORDED RETURN TO:
CVAG
74199 El Paseo, Ste. 100
Palm Desert, CA 92260
Attn: Executive Director
FREE RECORDING:
This instrument is for the benefit of the Coachella Valley Association of Governments and is entitled to be recorded without fee or tax. (Gov. Code, §§ 6103, 27383; and Rev. & Tax. Code, § 11922.)
APN: 603-220-051 Above Space for Recorder’s Use
GRANT OF EASEMENT
(Temporary Construction Easement)
City of Coachella, a Municipal Corporation (hereinafter, individually and collectively, “Grantor”), is the owner of that certain real property located in the City of Coachella, County of Riverside, State of California, designated as Assessor’s Parcel Number 603-220-051 (“Grantor’s Property”). FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor hereby grants to the Coachella Valley Association of Governments (CVAG), (“Grantee”), its employees, agents, representatives, contractors, successors and assigns, a temporary easement for construction of the Arts and Music Line Street Improvement Project, in, on, over, under, and across that portion of Grantor’s Property more particularly depicted in Exhibit “A”, attached hereto and by reference made a part hereof. The term of the easement described herein is thirty-six (36) months and will commence on June 1, 2025 and end May 31, 2028.
DATED: __________________, 20__
DATED: __________________, 20__
GRANTOR:
City of Coachella, a Municipal Corporation
By:
Its:
By:
Its:
Item 18.
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF )
On _______________ before me, __________________________________________________, Notary Public, personally appeared ________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Item 18.
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Temporary Construction Easement Deed dated ____________________, 20___, from City of Coachella, a Municipal Corporation, to the Coachella Valley Association of Governments (CVAG), by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the CVAG pursuant to authority conferred by the CVAG Executive Committee Resolution No. 20-006 adopted on October 19, 2020, and the Grantee consents to recordation thereof by its duly authorized officer.
Dated: ________________________ ___________________________________ By:
Its:
Item 18.
WEBB
N
W E
S
Item 18.
Jimmy Morada
Associate Senior
Underwiter/Advisory Title
Officer
Stewart Title Guaranty Company
Commercial Services (Los Angeles)
525 North Brand Blvd.
Glendale, CA 91203
(818) 547-2037 Phone
[email protected]
PRELIMINARY REPORT
Order No. : 23000111258
Title Unit No. : 11
Your File No. :
Buyer/Borrower Name : tbd
Seller Name : City of Coachella
Property Address: apn 603-220-051, Coachella, CA 92210
In response to the above referenced application for a policy of title insurance, Stewart Title Guaranty Company Commercial Services (Los Angeles) hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of a defect, lien or encumbrance not shown or referred to as an exception below or not excluded from coverage pursuant to the printed Schedules, Exclusions from Coverage, and Conditions of said policy forms.
With respect to any contemplated owner’s policy, the printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A, attached.
The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA/ALTA Homeowner’s Policy of Title Insurance, which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages, are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a binder or commitment should be requested.
Dated as of November 15, 2023 at 7:30 a.m.
Jimmy Morada, Title Officer
Kristine Poole, Title Officer
When replying, please contact:
[email protected]
File No.: 23000111258
Prelim Report COM r 2-3-23
Item 18.
IF ANY DECLARATION, GOVERNING DOCUMENT (FOR EXAMPLE, COVENANT,
CONDITION OR RESTRICTION) OR DEED IDENTIFIED AND/OR LINKED IN THIS
TITLE PRODUCT CONTAINS ANY RESTRICTION BASED ON AGE, RACE COLOR,
RELIGION, SEX, GENDER, GENDER IDENTITY, GENDER EXPRESSION, SEXUAL
ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, VETERAN OR
MILITARY STATUS, GENETIC INFORMATION, NATIONAL ORIGIN, SOURCE OF INCOME AS DEFINED IN SUBDIVISION (p) OF SECTION 12955, OR ANCESTRY,
THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.2 OF THE GOVERNMENT CODE BY SUBMITTING A “RESTRICTIVE COVENANT
MODIFICATION” FORM, TOGETHER WITH A COPY OF THE ATTACHED DOCUMENT WITH THE UNLAWFUL PROVISION REDACTED TO THE COUNTY RECORDER’S OFFICE. THE “RESTRICTIVE COVENANT MODIFICATION” FORM CAN BE OBTAINED FROM THE COUNTY RECORDER’S OFFICE AND MAY BE AVAILABLE ON ITS WEBSITE. THE FORM MAY ALSO BE AVAILABLE FROM THE PARTY THAT PROVIDED YOU WITH THIS DOCUMENT. LAWFUL RESTRICTIONS UNDER STATE
AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR
HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS.
File No.: 23000111258
Prelim Report COM r 2-3-23
Item 18.
PRELIMINARY REPORT
The form of Policy of Title Insurance contemplated by this report is:
® Standard Coverage Owner's Policy
® Extended Coverage Owner's Policy
® CLTA/ALTA Homeowner's Policy
® Standard Coverage Loan Policy
® Extended Coverage Loan Policy
® Short Form Residential Loan Policy
˝ Report Only
SCHEDULE A
The estate or interest in the land hereinafter described or referred to covered by this report is:
Fee
Title to said estate or interest at the date hereof is vested in:
City of Coachella, a Municipal Corporation
File No.: 23000111258
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Item 18.
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of Riverside, City of Coachella and described as follows:
Being a portion of Parcel 1 and Parcel 2 of Parcel Map No. 17167, as shown by Map on File on January 23, 1981 in Book 87 Page(s) 56, of Parcel Maps, Records of Riverside County, California, more particularly described as follows:
Beginning at the Northeasterly corner of Tract Map 30498-1, recorded May 20, 2003 in Book 334 Pages 40 through 53, also being the Southeast corner of said Parcel 1 of Parcel Map 17167, the true point of beginning; thence Westerly along the Northerly boundary said Tract Map 30498-1, North 89°46'37" West 1257.31 feet; thence along boundary said Tract Map 30498-1, South 64°50'46" West 101.81 feet; thence along boundary said Tract Map 30498-1, South 25°36'00" West 101.80 feet; thence leaving said boundary of Tract Map 30498-1 on line bearing South 58°08'10" West 127.57 feet to the beginning of a non-tangent curve, concaved Southwesterly, radial line bearing South 62°29'11" West, radius 70.00 feet; thence Northwesterly along said curve a distance of 19.93 feet, through a central angle of 16°18'52"; thence North 43°10'30" East 28.90 feet; thence North 00°13'23" East 100.20 feet; thence North 89°46'37" West 860.00 feet; thence North 80°18'55" West 65.39 feet, to the Southeast corner of well site, per City of Coachella Resolution 2003-32, by Instrument 2003-422633 of Official Records; thence along Easterly side of said boundary of well site, North 00°13'56" East 100.00 feet; thence along Northerly boundary of said well site, North 89°42'07" West 100.17 feet, to Westerly boundary of said Parcel Map 17167, the Easterly right(s) of way of Van Buren Street; thence along Westerly boundary of said Parcel 1 of Parcel Map 17167, North 00°13'56" East 483.23 feet; thence leaving Westerly boundary of said Parcel 1 of Parcel Map 17167 on line bearing South 89°57'33" East 1881.64 feet; thence South 00°02'27" East 163.24 feet; thence South 89°57'33" East 412.83 feet, to the Easterly boundary of said Parcel 1 of Parcel Map 17167; thence along Easterly boundary of said Parcel 1 of Parcel Map 17167, South 36°07'59" East 142.34 feet; thence along Easterly boundary of said Parcel 1 of Parcel Map 17167 along a tangent curve, delta 16°58'14", radius 1000.00 feet, length 296.19 feet, to the true point of beginning.
APN: 603-220-051, 603-220-022, 603-220-046, 603-220-048 APN: 603-220-051
(End of Legal Description)
THE MAP ATTACHED THROUGH THE HYPERLINK ABOVE IS BEING PROVIDED AS A COURTESY AND FOR INFORMATION PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON.
FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. THERE WILL BE NO LIABILITY, RESPONSIBILITY OR
INDEMNIFICATION RELATED TO ANY MATTERS CONCERNING THE CONTENTS OR ACCURACY OF THE MAP.
File No.: 23000111258
Prelim Report COM r 2-3-23
Item 18.
SCHEDULE B
At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows:
Taxes:
A.
B.
C.
D.
E.
F.
G.
General and special city and/or county taxes, bonds or assessments which may become due on the property, if, and when, title is no longer vested in a government or quasi-governmental agency.
Parcel No: 603-220-051.
General and special city and/or county taxes, bonds or assessments which may become due on the property, if, and when, title is no longer vested in a government or quasi-governmental agency.
Parcel No: 603-220-022.
General and special city and/or county taxes, bonds or assessments which may become due on the property, if, and when, title is no longer vested in a government or quasi-governmental agency.
Parcel No: 603-220-046.
General and special city and/or county taxes, bonds or assessments which may become due on the property, if, and when, title is no longer vested in a government or quasi-governmental agency.
Parcel No: 603-220-048.
Prior to recording, the final amount due for taxes must be confirmed with tax collector.
The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California.
Taxes and/or assessments affecting the land, if any, for Community Facility Districts including Mello Roos Districts which may exist by virtue of assessment maps or notices filed by said districts. Said taxes and/or assessments are typically collected with the County taxes; however, some districts may remove these taxes and/or assessment from the County taxes and assess and collect them separately.
Exceptions:
1. 2.
3. 4.
Water rights, claims, or title to water, whether or not shown by the Public Records.
Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
Any interests (including rights of the public) in and to any portion of the Land lying within roads, streets, alleys or highways.
Easement and rights incidental thereto for water pipeline to United States of America, as set forth in a document recorded July 19, 1949, in Book 1095 Page 306, of Official Records.
Matters contained in a document entitled "United States Department of the Interior Bureau of Reclamation Boulder Canyon Project All-American Canal Project Coachella Branch - Quitclaim Deed and Release", recorded October 3, 2017, as Instrument No. 2017-0410180, of Official Records.
Matters contained in a document entitled "United States Department of the Interior Bureau of File No.: 23000111258
Prelim Report COM r 2-3-23
Item 18.
5. 6.
7. 8.
9. 10.
11. 12.
Reclamation Boulder Canyon Project All-American Canal Project Coachella Branch - Quitclaim Deed and Release", recorded July 31, 2018, as Instrument No. 2018-0307549, of Official Records.
Matters contained in a document entitled "United States Department of the Interior Bureau of Reclamation Boulder Canyon Project All-American Canal Project Coachella Branch - Quitclaim Deed and Release", recorded July 31, 2018, as Instrument No. 2018-0307550, of Official Records.
Easement and rights incidental thereto for power lines to Imperial Irrigation District, as set forth in a document recorded July 22, 1970, as Instrument No. 70546, of Official Records.
Rights of the successor agency(ies) as to matters contained in the project plan recorded July 10, 2007, as Instrument No. 2007-0449636, of Official Records.
Matters contained in a survey filed in Book 136, Pages 90 and 91 of Records of Survey.
Matters contained in a document entitled "Deed Restriction", recorded December 14, 2011, as Instrument No. 2011-0552701, of Official Records.
Matters contained in a document entitled "Water Quality Management Plan and Urban Runoff BMP Transfer, Access and Maintenance Agreement", recorded December 6, 2017, as Instrument No. 2017-0512010, of Official Records.
Any trust, right, interest or claim that may exist, arise, or be asserted against the Title under or pursuant to the Perishable Agricultural Commodities Act of 1930, as amended, 7 U.S.C. §499a, et seq., or any similar state or federal law.
Rights or claims of parties in possession whether or not shown by the Public Records.
Any facts, rights, interests or claims which would be disclosed by an inspection of the land. (End of Exceptions)
File No.: 23000111258
Prelim Report COM r 2-3-23
Item 18.
NOTES AND REQUIREMENTS
A. N/A
File No.: 23000111258
Prelim Report COM r 2-3-23
Item 18.
CALIFORNIA "GOOD FUNDS" LAW
California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds received by Stewart Title Guaranty Company Commercial Services (Los Angeles) via wire transfer may be disbursed upon receipt. Funds received via cashier’s checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit. If funds are received by any other means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer. All escrow and sub-escrow funds received will be deposited with other escrow funds in one or more non-interest bearing escrow accounts in a financial institution selected by Stewart Title Guaranty Company Commercial Services (Los Angeles).
Stewart Title Guaranty Company Commercial Services (Los Angeles) may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and Stewart Title Guaranty Company Commercial Services (Los Angeles) shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by Stewart Title Guaranty Company Commercial Services (Los Angeles). Such benefits shall be deemed additional compensation to Stewart Title Guaranty Company Commercial Services (Los Angeles) for its services in connection with the escrow or subescrow.
If any check submitted is dishonored upon presentation for payment, you are authorized to notify all principals and/or their respective agents of such nonpayment.
File No.: 23000111258
Prelim Report COM r 2-3-23
Item 18.
EXHIBIT "A"
LEGAL DESCRIPTION
Order No.: 23000111258
Escrow No.: 23000111258
The land referred to herein is situated in the State of California, County of Riverside, City of Coachella and described as follows:
Being a portion of Parcel 1 and Parcel 2 of Parcel Map No. 17167, as shown by Map on File on January 23, 1981 in Book 87 Page(s) 56, of Parcel Maps, Records of Riverside County, California, more particularly described as follows:
Beginning at the Northeasterly corner of Tract Map 30498-1, recorded May 20, 2003 in Book 334 Pages 40 through 53, also being the Southeast corner of said Parcel 1 of Parcel Map 17167, the true point of beginning; thence Westerly along the Northerly boundary said Tract Map 30498-1, North 89°46'37" West 1257.31 feet; thence along boundary said Tract Map 30498-1, South 64°50'46" West 101.81 feet; thence along boundary said Tract Map 30498-1, South 25°36'00" West 101.80 feet; thence leaving said boundary of Tract Map 30498-1 on line bearing South 58°08'10" West 127.57 feet to the beginning of a non-tangent curve, concaved Southwesterly, radial line bearing South 62°29'11" West, radius 70.00 feet; thence Northwesterly along said curve a distance of 19.93 feet, through a central angle of 16°18'52"; thence North 43°10'30" East 28.90 feet; thence North 00°13'23" East 100.20 feet; thence North 89°46'37" West 860.00 feet; thence North 80°18'55" West 65.39 feet, to the Southeast corner of well site, per City of Coachella Resolution 2003-32, by Instrument 2003-422633 of Official Records; thence along Easterly side of said boundary of well site, North 00°13'56" East 100.00 feet; thence along Northerly boundary of said well site, North 89°42'07" West 100.17 feet, to Westerly boundary of said Parcel Map 17167, the Easterly right(s) of way of Van Buren Street; thence along Westerly boundary of said Parcel 1 of Parcel Map 17167, North 00°13'56" East 483.23 feet; thence leaving Westerly boundary of said Parcel 1 of Parcel Map 17167 on line bearing South 89°57'33" East 1881.64 feet; thence South 00°02'27" East 163.24 feet; thence South 89°57'33" East 412.83 feet, to the Easterly boundary of said Parcel 1 of Parcel Map 17167; thence along Easterly boundary of said Parcel 1 of Parcel Map 17167, South 36°07'59" East 142.34 feet; thence along Easterly boundary of said Parcel 1 of Parcel Map 17167 along a tangent curve, delta 16°58'14", radius 1000.00 feet, length 296.19 feet, to the true point of beginning.
APN: 603-220-051, 603-220-022, 603-220-046, 603-220-048 APN: 603-220-051
(End of Legal Description)
Item 18.
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT
Date: November 28, 2023
Escrow No.: 23000111258
Property: apn 603-220-051, Coachella, CA 92210
From: Stewart Title Guaranty Company - Commercial Services This is to give you notice that Stewart Title Guaranty Company - Commercial Services (“Stewart Title”) has a business relationship with Stewart Solutions, LLC, DBA – Stewart Specialty Insurance Services, LLC (“Stewart Insurance”). Stewart Information Services Corporation owns 100% of Stewart Insurance and Stewart Title of California. Because of this relationship, this referral may provide Stewart Title a financial or other benefit.
Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT required to use the listed provider(s) as a condition for purchase, sale, or refinance of the subject Property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
Stewart Insurance Settlement Service Charge or range of charges Hazard Insurance $400.00 to $6,500.00
Home Warranty $255.00 to $ 780.00
Natural Hazard Disclosure Report $ 42.50 to $ 149.50
Escrow No.: 23000111258
ABA Disclosure SCE
Item 18.
[CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY – 1990 (11-09-18)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the public records at Date of Policy.
CLTA PRELIMINARY REPORT FORM, EXHIBIT A (Rev. 11-04-22) © California Land Title Association. All rights reserved.
The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited.
Reprinted under license or express permission from the California Land Title Association.
Item 18.
EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART II
(Variable exceptions such as taxes, easements, CC&R’s, etc., are inserted here)] CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE OWNER’S POLICY (02-04-22)
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of:
1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transaction vesting the Title as shown in Schedule A is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 9.b.
5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.
6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b.
7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys’ fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters:
PART I
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy.
4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records at Date of Policy.
CLTA PRELIMINARY REPORT FORM, EXHIBIT A (Rev. 11-04-22) © California Land Title Association. All rights reserved.
The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited.
Reprinted under license or express permission from the California Land Title Association.
Item 18.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
PART II
(Variable exceptions such as taxes, easements, CC&R’s, etc., are inserted here) CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (07-01-2021)
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy and We will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, or regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23, or 27.
2. Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by You;
b. not Known to Us, not recorded in the Public Records at the Date of Policy, but Known to You and not disclosed in writing to Us by You prior to the date You became an Insured under this policy; c. resulting in no loss or damage to You;
d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5, 8.f., 25, 26, 27, 28, or 32); or
e. resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of the Title at the Date of Policy.
4. Lack of a right:
a. to any land outside the area specifically described and referred to in Item 3 of Schedule A; and b. in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land.
Exclusion 4 does not modify or limit the coverage provided under Covered Risk 11 or 21.
5. The failure of Your existing structures, or any portion of Your existing structures, to have been constructed before, on, or after the Date of Policy in accordance with applicable building codes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14 or 15.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transfer of the Title to You is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 30.
7. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface substance.
9. Any lien on Your Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a. or 27.
10. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
CLTA PRELIMINARY REPORT FORM, EXHIBIT A (Rev. 11-04-22) © California Land Title Association. All rights reserved.
The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited.
Reprinted under license or express permission from the California Land Title Association.
Item 18.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows:
ü For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Your Deductible Amount Our Maximum Dollar
Limit of Liability
Covered Risk 16: *% of Policy Amount Shown in Schedule A or $* $* (whichever is less)
Covered Risk 18: *% of Policy Amount Shown in Schedule A or $* $* (whichever is less)
Covered Risk 19: *% of Policy Amount Shown in Schedule A or $* $* (whichever is less)
Covered Risk 21: *% of Policy Amount Shown in Schedule A or $* (whichever is less) $*
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6 Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
CLTA PRELIMINARY REPORT FORM, EXHIBIT A (Rev. 11-04-22) © California Land Title Association. All rights reserved.
The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited.
Reprinted under license or express permission from the California Land Title Association.
Item 18.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows:
ü For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Your Deductible Amount Our Maximum Dollar
Limit of Liability
Covered Risk 16: *% of Policy Amount Shown in Schedule A or $* $* (whichever is less)
Covered Risk 18: *% of Policy Amount Shown in Schedule A or $* $* (whichever is less)
Covered Risk 19: *% of Policy Amount Shown in Schedule A or $* $* (whichever is less)
Covered Risk 21: *% of Policy Amount Shown in Schedule A or $* (whichever is less) $*
ALTA OWNER’S POLICY (07-01-2021)
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of:
1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transaction vesting the Title as shown in Schedule A is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 9.b.
5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.
6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b.
7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
CLTA PRELIMINARY REPORT FORM, EXHIBIT A (Rev. 11-04-22) © California Land Title Association. All rights reserved.
The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited.
Reprinted under license or express permission from the California Land Title Association.
Item 18.
EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys’ fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters:
NOTE: The 2021 ALTA Owner’s Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R’s, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed as 1 through 7 below:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land or (b) asserted by persons or parties in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy.
4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records at Date of Policy.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
2006 ALTA OWNER’S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
CLTA PRELIMINARY REPORT FORM, EXHIBIT A (Rev. 11-04-22) © California Land Title Association. All rights reserved.
The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited.
Reprinted under license or express permission from the California Land Title Association.
Item 18.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of:
NOTE: The 2006 ALTA Owner’s Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R’s, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as 1 through 7 below:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy.
4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records at Date of Policy.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
CLTA PRELIMINARY REPORT FORM, EXHIBIT A (Rev. 11-04-22) © California Land Title Association. All rights reserved.
The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited.
Reprinted under license or express permission from the California Land Title Association.
Item 18.
PROCEDURES TO ACCOMPANY THE
RESTRICTIVE COVENANT MODIFICATION FORM
The law prohibits unlawfully restrictive covenants based upon:
“…age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry… Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.” As the individual holding or acquiring an interest in the property, you may elect to have any unlawfully restrictive covenants “removed”, which means “redacted.” To have the unlawfully restrictive covenant removed, you may prepare and submit to the county recorder’s office, a “Restrictive Covenant Modification” form (RCM) together with a copy of the attached document with the unlawfully restrictive covenant redacted. This request must be submitted to the county recorder’s office and must include your return address so the county recorder can notify you of the action taken by the county counsel.
NOTE: The RCM provided with your title product MAY NOT be the same form required by your county recorder’s office; please double check your county recorder’s office before completing this form.
The process at the county recorder’s office is as follows:
ü
ü
ü
ü
ü
The county recorder takes the RCM with the redacted document and the original document attached and submits it to the county counsel for review to determine if, from a legal standpoint, the language was an unlawfully restrictive covenant and thus the redacted version should be indexed and recorded.
The county counsel shall inform the county recorder of his/her determination within a reasonable amount of time, not to exceed three months from the date of your request.
If county counsel determined that the redacted language was unlawful then, once recorded, the redacted document is the only one that effects the property and this modified document has the same effective date as the original document.
If county counsel determined that the redacted language was not unlawful then county counsel will return the RCM package to the county recorder and the county recorder will advise the requestor that same the request has been denied and the redacted document has not been recorded.
The modification document shall be indexed in the same manner as the original document and shall contain a recording reference to the original document.
Item 18.
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
NAME
ADDRESS
CITY
STATE & ZIP
TITLE ORDER NO. ESCROW NO. APN NO.
RESTRICTIVE COVENANT MODIFICATION
(Unlawfully Restrictive Covenant Modification Pursuant to Government Code Section 12956.2) I(We) have or are acquiring an ownership
interest of record in the property located at ___________________________________________________________ that is covered by the document described below.
The following reference document contains a restriction based on age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in Section 12955 of the Government Code, or ancestry, that violates state and federal fair housing laws and is void. Pursuant to Section 12956.2 of the Government Code, this document is being recorded solely for the purpose of eliminating that restrictive covenant as shown on page(s) of the document recorded on _______________ in book and page _______ or instrument number of the official records of the County of ______________________, State of California.
Attached hereto is a true, correct and complete copy of the document referenced above, with the unlawful restrictive covenant redacted.
This modification document shall be indexed in the same manner as the original document pursuant to subdivision (d) of Section 12956 of the Government.
The effective date of the terms and conditions of the modification document shall be the same as the effective date of the original document.
_______________________________________
(Signature of Submitting Party)
_______________________________________
(Printed Name)
_______________________________________
(Signature of Submitting Party)
_______________________________________
(Printed Name)
_________________ County Counsel, or their
designee, pursuant to Government Code Section
12956.2, hereby states that it has been determined
that the original document referenced above
_________ Does _________ Does Not contain an
unlawful restriction and this modification may be
recorded.
County Counsel
By:
____________________________________________
Date:
____________________________________________
Item 18.
STEWART INFORMATION SERVICES CORPORATION
Updated August 29, 2023
GRAMM LEACH BLILEY PRIVACY NOTICE
This Stewart Information Services Corporation Privacy Notice (“Notice”) explains how we and our affiliates and majorityowned subsidiary companies (collectively, “Stewart,” "our" "we") collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of your personal information. Pursuant to Title V of the Gramm-Leach Bliley Act (“GLBA”) and other Federal and state laws and regulations applicable to financial institutions, consumers have the right to limit some, but not all sharing of their personal information. Please read this Notice carefully to understand how Stewart uses your personal information.
The types of personal information Stewart collects, and shares depend on the product or service you have requested.
Stewart may collect the following categories of personal and financial information from you throughout your transaction:
1. 2.
3. Identifiers: Real name, alias, online IP address if accessing company websites, email address, account name, unique online identifier or other similar identifiers;
Demographic Information: Marital status, gender, date of birth.
Personal Information and Personal Financial Information: Full name, signature, social security number, address, driver's license number, passport number, telephone number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, credit reports, or any other information necessary to complete the transaction.
Stewart may collect personal information about you from:
1. 2.
3. Publicly available information from government records.
Information we receive directly from you or your agent(s), such as your lender or real estate broker; Information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others.
Stewart may use your personal information for the following purposes:
1. 2.
3. To provide products and services to you in connection with a transaction.
To improve our products and services.
To communicate with you about our affiliates’, and others’ products and services, jointly or independently.
Stewart may use or disclose the personal information we collect for one or more of the following purposes:
a. To fulfill or meet the reason for which the information is provided. b. To provide, support, personalize, and develop our website, products, and services. c. To create, maintain, customize, and secure your account with Stewart. d. To process your requests, purchases, transactions, and payments and prevent transactional fraud. e. To prevent and/or process claims.
f. To assist third party vendors/service providers who complete transactions or perform services on Stewart’s behalf pursuant to valid service provider agreements.
g. As necessary or appropriate to protect the rights, property or safety of Stewart, our customer or others. h. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
i. To help maintain the safety, security, and integrity of our website, products and services, databases and other technology-based assets, and business.
j. To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations.
k. Auditing for compliance with federal and state laws, rules and regulations. l. Performing services including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments. m. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets, whether as an on going transaction or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
File No.: 23000111258
Updated 08/24/2023
Item 18.
Stewart will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have designated as your agent throughout the course of your transaction (for example, your realtor, broker, or a lender). Stewart may disclose your personal information to a non-affiliated third-party service providers and vendors to render services to complete your transaction.
We share your personal information with the following categories of third parties:
a. Non-affiliated service providers and vendors we contract with to render specific services (For example, search companies, mobile notaries, and companies providing credit/debit card processing, billing, shipping, repair, customer service, auditing, marketing, etc.)
b. To enable Stewart to prevent criminal activity, fraud, material misrepresentation, or nondisclosure. c. Stewart’s affiliated and subsidiary companies.
d. Parties involved in litigation and attorneys, as required by law. e. Financial rating organizations, rating bureaus and trade associations, taxing authorities, if required in the transaction.
f. Federal and State Regulators, law enforcement and other government entities to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order.
The law does not require your prior authorization or consent and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or browsing information with nonaffiliated third parties, except as required or permitted by law.
Right to Limit Use of Your Personal Information
You have the right to opt-out of sharing of your personal information among our affiliates to directly market to you. To optout of sharing your information with affiliates for direct marketing, you may send an “opt out” request to [email protected], or contact us through other available methods provided under “Contact Information” in this Notice.
We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent.
How Stewart Protects Your Personal Information
Stewart maintains physical, technical and administrative safeguards and policies to protect your personal information.
Contact Information
If you have specific questions or comments about this Notice, the ways in which Stewart collects and uses your information described herein, or your choices and rights regarding such use, please do not hesitate to contact us at:
Phone: Toll Free at 1-866-571-9270
Email: [email protected]
Postal Address: Stewart Information Services Corporation Attn: Mary Thomas, Chief Compliance and Regulatory Officer 1360 Post Oak Blvd., Ste. 100, MC #14-1
Houston, TX 77056
File No.: 23000111258
Updated 08/24/2023
Item 18.
Effective Date: January 1, 2020
Updated: August 24, 2023
STEWART INFORMATION SERVICES CORPORATION
PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
Stewart Information Services Corporation and its affiliates and majority owned subsidiary companies (collectively, "Stewart", "our" "we") respect and are committed to protecting your privacy. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act of 2020 ("CPRA"), we are providing this Privacy Notice ("CCPA Notice"). This CCPA Notice explains how we collect, use and disclose personal information, when and to whom we disclose such information, and the rights you, as a California resident have regarding your Personal Information. This CCPA Notice supplements the information contained in Stewart’s existing privacy notice and applies solely to all visitors, users, and consumers and others who reside in the State of California or are considered California Residents as defined in the CCPA (“consumers” or “you”). All terms defined in the CCPA & CPRA have the same meaning when used in this Notice.
Personal and Sensitive Personal Information Stewart Collects Stewart has collected the following categories of personal and sensitive personal information from consumers within the last twelve (12) months:
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information.
C. Protected classification characteristics under California or federal law. Age, race, color, ancestry, national origin, citizenship, marital status, sex (including gender, gender identity, gender expression), veteran or military status.
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application or advertisement.
F. Geolocation data. Stewart obtains the categories of personal and sensitive information listed above from the following categories of sources:
ü Directly and indirectly from customers, their designees, or their agents (For example, realtors, lenders, attorneys, brokers, etc.)
ü Directly and indirectly from activity on Stewart's website or other applications. ü From third parties that interact with Stewart in connection with the services we provide.
Use of Personal and Sensitive Personal Information
Stewart may use or disclose the personal or sensitive information we collect for one or more of the following purposes:
a. To fulfill or meet the reason for which the information is provided. b. To provide, support, personalize, and develop our website, products, and services. c. To create, maintain, customize, and secure your account with Stewart. d. To process your requests, purchases, transactions, and payments and prevent transactional fraud. e. To prevent and/or process claims.
f. To assist third party vendors/service providers who complete transactions or perform services on Stewart’s behalf pursuant to valid service provider agreements.
g. As necessary or appropriate to protect the rights, property or safety of Stewart, our customers or others. h. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
File No.: 23000111258
Updated 08/24/2023
Item 18.
i. To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law).
j. To help maintain the safety, security, and integrity of our website, products and services, databases and other technology-based assets, and business.
k. To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations.
l. Auditing for compliance with federal and state laws, rules and regulations. m. Performing services including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services or other similar services.
n. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
Stewart will not collect additional categories of personal or sensitive information or use the personal or sensitive information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have designated as your agent throughout the course of your transaction (for example, a realtor, broker, or a lender).
We share your personal information with the following categories of third parties:
a.
b.
c.
d.
e.
Service providers and vendors we contract with to render specific services (For example, search companies, mobile notaries, and companies providing credit/debit card processing, billing, shipping, repair, customer service, auditing, marketing, etc.)
Affiliated Companies.
Parties involved in litigation and attorneys, as required by law.
Financial rating organizations, rating bureaus and trade associations.
Federal and State Regulators, law enforcement and other government entities In the preceding twelve (12) months, Stewart has disclosed the following categories of personal information.
Category A: Identifiers
Category B: California Customer Records personal information categories Category C: Protected classification characteristics under California or federal law Category D: Commercial Information
Category E: Internet or other similar network activity
Category F: Non-public education information
A. Your Consumer Rights and Choices Under CCPA and CPRA The CCPA and CPRA provide consumers (California residents as defined in the CCPA) with specific rights regarding their personal information. This section describes your rights and explains how to exercise those rights. i. Access to Specific Information and Data Portability Rights You have the right to request that Stewart disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, Stewart will disclose to you:
ü
ü
ü
ü
ü
ü
The categories of personal information Stewart collected about you.
The categories of sources for the personal information Stewart collected about you.
Stewart’s business or commercial purpose for collecting that personal information.
The categories of third parties with whom Stewart shares that personal information.
The specific pieces of personal information Stewart collected about you (also called a data portability request).
If Stewart disclosed your personal data for a business purpose, a listing identifying the personal information categories that each category of recipient obtained.
ii. Deletion Request Rights
You have the right to request that Stewart delete any personal information we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, Stewart will delete (and direct our File No.: 23000111258
Updated 08/24/2023
Item 18.
service providers to delete) your personal information from our records, unless an exception applies.
Stewart may deny your deletion request if retaining the information is necessary for us or our service providers to:
1. 2.
3. 4.
5. 6.
7. 8.
9. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
iii. Opt-Out of Information Sharing and Selling
Stewart does not share or sell information to third parties, as the terms are defined under the CCPA and CPRA. Stewart only shares your personal information as commercially necessary and in accordance with this CCPA Notice. iv. Correction of Inaccurate Information
You have the right to request that Stewart correct any inaccurate personal information maintained about you. v. Limit the Use of Sensitive Personal Information
You have the right to limit how your sensitive personal information, as defined in the CCPA and CPRA is disclosed or shared with third parties.
Exercising Your Rights Under CCPA and CPRA
If you have questions or comments about this notice, the ways in which Stewart collects and uses your information described herein, your choices and rights regarding such use, or wish to exercise your rights under California law, please submit a verifiable consumer request to us by the available means provided below.
1. 2.
Emailing us at [email protected] or
https://www.stewart.com/en/quick-links/ccpa-request.html Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child, if applicable.
To designate an authorized agent, please contact Stewart through one of the methods mentioned above.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
ü
ü
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Stewart cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with Stewart.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing.
A written response will be delivered by mail or electronically, at your option.
File No.: 23000111258
Updated 08/24/2023
Item 18.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
Stewart does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Non-Discrimination
Stewart will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
ü
ü
ü
ü
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you with a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Record Retention
Your personal information will not be kept for longer than is necessary for the business purpose for which it is collected and processed. We will retain your personal information and records based on established record retention policies pursuant to California law and in compliance with all federal and state retention obligations. Additionally, we will retain your personal information to comply with applicable laws, regulations, and legal processes (such as responding to subpoenas or court orders), and to respond to legal claims, resolve disputes, and comply with legal or regulatory recordkeeping requirements
Changes to This CCPA Notice
Stewart reserves the right to amend this CCPA Notice at our discretion and at any time. When we make changes to this CCPA Notice, we will post the updated Notice on Stewart’s website and update the Notice’s effective date.
Link to Privacy Notice
https://www.stewart.com/en/privacy.html
Contact Information
Stewart Information Services Corporation
Attn: Mary Thomas, Chief Compliance and Regulatory Officer 1360 Post Oak Blvd., Ste. 100, MC #14-1
Houston, TX 77056
File No.: 23000111258
Updated 08/24/2023
Item 18.
ACQUISITION
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Item 18.
Dear Property Owner:
Our State and Federal Constitutions recognize the need for public agencies to purchase private property for public use. The Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (Uniform Act), or similar State Legislation and eminent domain law of the State of California authorize purchase of private property for public use and ensure that owners of real estate (real property) to be acquired are treated fairly and consistently.
This %URFKXUH provides a brief summary of &RDFKHOOD 9DOOH\ $VVRFLDWLRQ RI *RYHUQPHQWV
$JHQF\
acquisition procedures and various laws it is not intended to give a complete statement of all state or federal laws and regulations pertaining to the purchase of your property for a public use, technical legal definitions or any form of legal advice. Recipients of offer letters from WKH$JHQF\should be aware that such laws and procedures are subject to change by future legislation and/or court decisions.
In the event WKH$JHQF\decides to proceed with the proposed acquisition, WKH$JHQF\ V
acquisition consultant will contact you.
Item 18.
TABLE OF CONTENTS
PAGE
1 1
1 1
1 2
2 2
2 3
3 3
4 4
4 4
5 5
6 6
6 6
7 7
WHY IS MY PROPERTY REQUIRED?
WHAT RIGHT DOES 7+($*(1&< HAVE TO ACQUIRE MY PROPERTY? WHO MAKES THE DECISION TO BUY MY PROPERTY?
HOW WILL THE $*(1&< DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? WHAT IS FAIR MARKET VALUE?
HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? WILL I HAVE A CHANCE TO TALK TO THE APPRAISER?
ONCE THE $*(1&< DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE $*(1&< GIVE ME A WRITTEN PURCHASE OFFER? WHAT IS IN THE $*(1&<'S STATEMENT OF THE BASIS FOR ITS DETERMINATION OF JUST COMPENSATION?
CAN I GET AN APPRAISAL?
MUST I ACCEPT THE $*(1&<’S INITIAL OFFER?
MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS?
IF I AGREE TO ACCEPT THE $*(1&<’S OFFER, HOW SOON WILL I BE PAID? WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER? WHAT HAPPENS IF THE $*(1&< CONDEMNS MY PROPERTY?
WHAT IS AN ORDER OF POSSESSION?
WILL I HAVE TO PAY ANY SETTLEMENT COSTS?
MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? CAN THE $*(1&< TAKE ONLY A PART OF MY PROPERTY?
WILL I HAVE TO PAY RENT TO THE $*(1&< AFTER MY PROPERTY IS ACQUIRED? HOW SOON MUST I MOVE?
AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL?
I AM A VETERAN, HOW ABOUT MY GI LOAN?
MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I PAY CAPITAL GAINS TAX ON THE INCREASE?
Item 18.
1 WHY IS MY PROPERTY REQUIRED?
The &RDFKHOOD9DOOH\$VVRFLDWLRQRI*RYHUQPHQWV (&9$*RU $JHQF\), has determined that your property may be required for the$UWV 0XVLF/LQH6WUHHW,PSURYHPHQW 3URMHFW
WHAT RIGHT DOES THE $*(1&< HAVE TO ACQUIRE MY PROPERTY? Every public agency has certain powers that are necessary for it to operate effectively.
For example, States have the power to levy taxes and the power to maintain order. Another power is the power to acquire private property for public purposes. This is known as the power of the eminent domain.
The rights of each of us are protected by the Fifth and Fourteenth Amendments of the U.S. Constitution, the State Constitution and eminent domain laws which guarantee that if a public agency takes private property it must pay "just compensation" to the owner.
Further, under the California Government Code and Title 25 of the California Code of Regulations, the owner has additional protections, some of which are explained in this brochure.
WHO MAKES THE DECISION TO BUY MY PROPERTY?
The decision to acquire specific property for a public project usually involves many persons and many decisions. The final decision to proceed with a project is made by the $JHQF\ V
%RDUG RI 'LUHFWRUV after a thorough review that includes public hearings to obtain the views of interested citizens.
HOW WILL THE $*(1&< DETERMINE HOW MUCH TO OFFER ME FOR
MY PROPERTY?
Before making you an offer, the $JHQF\ will obtain an appraisal of your property. A qualified, licensed, professional appraiser who is familiar with local property values will do the appraisal. The appraiser will inspect your property and state his or her professional opinion of its current fair market value in an appraisal report.
The $JHQF\ is required to offer you "just compensation" for your property. This amount cannot be less than the fair market value of your property, as determined by the $JHQF\ on the basis of its approved appraisal.
WHAT IS FAIR MARKET VALUE?
The fair market value of real property being taken for a public project is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.
Item 18.
2 HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY?
Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are:
x How it compares with similar properties in the area that have been sold recently. x How much it would cost to reproduce the buildings and other structures, less any depreciation.
x How much rental income it could produce after expenses and how investors typically value that income.
WILL I HAVE A CHANCE TO TALK TO THE APPRAISER?
YES. You must be contacted and given the opportunity to accompany the appraiser on the inspection of your property. You may then inform the appraiser of any special features that you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you prefer, you may designate a representative in writing for this purpose.
ONCE THE $*(1&< DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE $*(1&< GIVE ME A WRITTEN PURCHASE OFFER?
The timing of a purchase offer depends on the following factors:
x The amount of work required to appraise your property, x The availability of funding; and
x Possible project delays caused by factors outside the control of the $JHQF\.
Typically, when there are no funding issues or other project delay factors, you can expect a written purchase offer within 60 days of completion of the appraisal. The appraisal for business or industrial property can take several months to complete due to the much greater complexity involved.
The $JHQF\ will give you a written offer to acquire your property for the full amount determined to be just compensation, and it will do so promptly. Along with the offer you will receive a written statement explaining the basis for the determination of just compensation.
The $JHQF\ will not initiate negotiations until the purchase offer is sent out and your receipt of the offer is acknowledged.
WHAT IS IN THE $*(1&<'S STATEMENT OF THE BASIS FOR ITS
DETERMINATION OF JUST COMPENSATION?
The $JHQF\'s "statement of the basis for its determination of just compensation" will be provided to you with the written purchase offer. Among other things, this statement will include:
x The recognized definition of the term "fair market value" or the equivalent term.
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3 x The date of valuation, highest and best use, and applicable zoning of property. x An accurate description of the property to be acquired. x A list of the improvements covered by the offer.
x The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value.
x The amount of the offer.
x Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. x An indication that the offer does not reflect any relocation payments or other relocation assistance that you may receive under other regulations.
CAN I GET MY OWN APPRAISAL?
YES. Pursuant to the California Code of Civil Procedure Section 1263.025 should you elect to obtain an independent appraisal, the $JHQF\ will pay for the actual reasonable costs up to $5,000 subject to the following conditions;
x You may order your own independent appraisal. Should you enter into a contract with the selected appraiser, the $JHQF\ will not be a party to the contract. x The selected appraiser you select must be licensed with the California State Office of Real Estate Appraisers (OREA).
x At the timeWKH$JHQF\ makes its offer to you, it will offer to pay you the reasonable cost, not to exceed $5,000 of the cost of your independent appraisal. x Appraisal cost reimbursement requests must be made in writing and submitted to the $JHQF\ within ninety days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the appraisal contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the $JHQF\concurrent with submission of the appraisal cost reimbursement request. All appraisal costs must be reasonable and justifiable.
MUST I ACCEPT THE $*(1&<’S INITIAL OFFER?
NO. You are entitled to present your evidence as to the amount you believe is the value of your property and to make suggestions for changing the terms and conditions of the offer.
The $JHQF\ will make reasonable efforts to consider and respond to your evidence and suggestions (including an appraisal). When fully justified by the available evidence of value, the $JHQF\ may make a revised offer.
MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS?
YES. You may have an attorney or anyone else represent you during your negotiations with the $JHQF\. If you choose to have representation during the negotiations, please so inform the $JHQF\ in writing. You will be responsible to pay the costs of any such representation.
Item 18.
4 IF I AGREE TO ACCEPT THE $*(1&<'S OFFER, HOW SOON WILL I BE PAID? If you and the $JHQF\reach an agreement for the purchase of your property by the $JHQF\ and your ownership (title) is clear, payment to you will be made at a mutually acceptable time.
Generally, you can expect to be paid in about ninety (90) days after the $JHQF\ signs the Purchase Agreement. If the title evidence obtained by the $JHQF\ indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the $JHQF\ to obtain the necessary proof. (Title evidence is a legal record of ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens and other instruments affecting your ownership of the property.)
WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER BY THE $*(1&<?
If you and the $JHQF\ are unable to reach an agreement through negotiations, the $JHQF\ will then either institute formal eminent domain (condemnation) proceedings to acquire the property or abandon its intention to acquire the property. In the latter case, the $JHQF\ will give you notice of its decision as provided by law.
WHAT HAPPENS IF THE $*(1&< CONDEMNS MY PROPERTY?
The power of eminent domain may only be exercised if: 1) the public interest and necessity require the project; 2) the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and 3) the property sought to be acquired is necessary for the project. Eminent domain proceedings are often referred to as condemnation actions. The $JHQF\ may only file a condemnation action after the adoption of a Resolution of Necessity by its Board of Directors. Such resolution must be adopted at a public hearing, of which the owner(s) of the property will receive written notice at least 15 days in advance of the hearing. After the hearing, assuming need and necessity has been substantiated and determined, the $JHQF\ can file a condemnation suit.
During the condemnation action, you will be provided an opportunity to introduce your evidence as to the value of your property. The $JHQF\ will have the same right. After hearing the evidence of all parties, the court or a jury will determine the amount of just compensation to which you are entitled.
In the State of California, a property owner and the $JHQF\ have a constitutional right to have a jury determine the value of the property in question. If the owner and the $JHQF\ decide to waive their right to a jury trial, a judge can determine just compensation.
To help you in presenting your case in a condemnation proceeding, you may wish to consider employing an attorney and an appraiser. However, the costs of these professional services and other costs that you incur in presenting your case to the court are your responsibility unless the court orders that you are to be reimbursed for your litigation expenses.
WHAT IS AN ORDER OF POSSESSION?
An order of possession is a process within a condemnation action that allows the $JHQF\ to have the possession of your property prior to a negotiated settlement or an award of just compensation in
Item 18.
5 court. This procedure is used typically where the possession of your property is necessary to accomplish timely construction of the project for which your property is being acquired.
To obtain an order of possession, the $JHQF\ must deposit with the court an amount not less than its appraisal of the fair market value of the property. Ordinarily, the owner or lessees are then permitted to withdraw their share of this amount, LESS any amounts necessary to pay off any mortgage or other liens on the property and sums necessary to resolve any special ownership problems. A withdrawal of the deposit by the property owner results in a waiver by the owner of the right to challenge the $JHQF\’s authority to take the property, but does not waive the owners right to seek additional compensation. Early withdrawal of your share of the money will not affect your right to seek additional compensation for your property. Should the negotiated settlement or court award exceed the amount deposited by the $JHQF\, you will be paid the difference plus any interest and costs as provided by law.
WILL I HAVE TO PAY ANY SETTLEMENT COSTS?
If you and the $JHQF\ enter into an agreement for the $JHQF\’s purchase of your property, you will not be responsible for the reasonable and necessary costs of:
x Escrow fees and fees for other services typical in a real estate transaction, recording fees, transfer taxes and any similar expenses that are incidental to transfer ownership to the $JHQF\.
x Penalty costs and other charges necessary to permit prepayment of an earlier recorded mortgage on the property that was entered into in good faith. x Real property taxes covering the period after the $JHQF\ acquires your property.
Escrow or the $JHQF\ will identify these items in a Preliminary Closing Statement or equivalent to be given to you at the time of settlement. Ordinarily, if you have paid any of these expenses yourself, you will be repaid at that time. If you later discover other costs for which you should be repaid, you should request repayment from the $JHQF\ within six months after the acquisition.7KH $JHQF\ will assist you in processing your claim for these costs.
If there are loans or other liens and encumbrances against the property, you will be responsible for paying them from the purchase price being paid to you by the $JHQF\.
MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY?
Sometimes improvements may exist on a property, which are not required by the $JHQF\. If you wish to keep any of the improvements, please let your Acquisition Agent know. If you do arrange to keep any improvement(s), the $JHQF\ will deduct its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense.) If you arrange to keep any improvement pertaining to the property, you will not be entitled to receive a relocation payment for the cost of moving it to a new location.
Item 18.
6 CAN THE $*(1&< TAKE ONLY A PART OF MY PROPERTY?
YES. But, if the purchase of only a part of your property reduces the value of the remaining part(s), you must be paid for the loss in value (offset by any special benefits accruing to the remainder resulting from the new public improvements). Also, under those circumstances, if any remaining part would have little or no utility or value to you, the $JHQF\ PD\ offer to buy that remaining part if you so desire.
WILL I HAVE TO PAY RENT TO THE $*(1&< AFTER MY PROPERTY IS ACQUIRED?
If you (or your tenant) wish to remain in the property after acquisition for a short term or for a period subject to termination by the $JHQF\ on short notice, you will be required to sign a rental agreement or similar document. The rent will not exceed the lesser of the fair rental value of the property to a short-term occupier or the prorated portion of the fair rental value for a typical rental period.
However, the amount of rent to be paid by your or your tenant shall be within your financial means or your tenant’s financial means, as the case may be.
HOW SOON MUST I MOVE?
If you reach a voluntary agreement to sell your property, you cannot be required to move before you receive the agreed purchase price. In the case of a condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court so that you can withdraw your share.
Every reasonable effort will be made to give you ample time to relocate after the acquisition of your property. In most cases, a mutually satisfactory arrangement can be worked out. You cannot be required to move without at least 90 days advance written notice of the date by which your move is required. In addition, if you are being displaced from your residence, a decent, safe and sanitary replacement property must be available before you can be required to move.
AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL?
The offer of compensation made by the $JHQF\ does not include any consideration for loss of business goodwill, which may be claimed by an owner of a business if one is being conducted on the property or on the remainder if the property being acquired is part of a larger parcel.
Code of Civil Procedure Section §1263.510 Loss of Goodwill Compensation Basis:
(a) The owner of a business conducted on the property taken, or on the remainder if such property is part of a larger parcel, shall be compensated for the loss of goodwill if the owner proves all of the following:
(I) The loss is caused by the taking of the property or the injury to the remainder. (2) The loss cannot reasonably be prevented by relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill.
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7 (3) Compensation for the loss will not be included in payments under Section 7262 of the Government Code.
(4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner.
(b) Within the meaning of this article, “goodwill” consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage I AM A VETERAN, HOW ABOUT MY GI LOAN?
After your GI home mortgage loan has been repaid, you will be permitted to obtain another GI loan to purchase another property. Check on such arrangements with your nearest VA office.
MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I PAY CAPITAL GAINS TAX ON THE INCREASE?
In most cases when the $JHQF\ acquires real property by condemnation or the threat of condemnation, the property owner may defer the payment of Federal capital gains taxes on profit from the sale under certain circumstances.
Internal Revenue Service (IRS) Publication 544, "Sales and Other Dispositions of Assets" is available from the IRS. It explains how the Federal income tax would apply to a gain or loss resulting from the condemnation of real property or its sale under the threat of condemnation for public purposes.
To fully understand the income tax consequences relating to the condemnation of your property, you should consult with your personal tax advisor.
Item 18.
Item 18.
Your Rights Under TITLE VI
This leaflet is designed to notify you of the requirements of Title VI of the Civil Rights Act of 1964 and your rights under those requirements.
WHAT IS TITLE VI?
Title VI is a statute provision of the Civil Rights Act of 1964. President John F. Kennedy referred to Title VI as “Simple Justice – requiring that [all] public funds to which taxpayers of all races contribute not be spent in any fashion which encourages, entrenches, subsidizes or results in racial discrimination.”
Title VI (Sec. 601) of the Civil Rights Act of 1964 provides that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” (42 USC Sec. 2000d) Additionally, Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, 1994 provides that:
“Each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations.”
WHAT DOES THIS MEAN?
This means utilization of and access to all departmental programs, services or benefits derived from any acquiring /displacing agency (“Agency”) activity will be administered without regard to race, color, or national origin.
Item 18.
The Agency will not tolerate discrimination by its employees or subrecipients of Federal funds. The Agency prohibits all discriminatory practices, which may result in:
Ø Denial to an individual of any service, financial aid or benefit provided under the program to which he or she may otherwise be entitled
Ø Different standards or requirements for participation Ø Segregation or separate treatment in any part of a program Ø Distinctions in quality, quantity, or manner in which a benefit is provided
Ø Discrimination in any activities conducted in a facility built in whole or part with Federal funds
To ensure compliance with Title VI and the Presidential Executive Order on Environmental Justice, the Agency will:
Ø Avoid, minimize, or mitigate disproportionately high and adverse human health and environmental effects, including social and economic effects, on minority populations and low-income populations
Ø Prevent the denial of, reduction in, or significant delay in the receipt of benefits by minority and low-income populations
BENEFITS AND SERVICES
All of the work the Agency performs is intended to assist the transportation needs of all people regardless of race, color, national origin and /or socioeconomic status.
WHO BEARS RESPONSIBILITY TO TITLE VI?
All Agency employees, and its functional programs.
Item 18.
ARE YOUR RIGHTS BEING VIOLATED?
All recipients of Agency services are entitled to fair and equal benefits and services. If you believe your rights have been violated, on the basis of discrimination, because of your race, color, or national origin, you may file a written complaint with the Agency. Please notify your assigned acquisition/relocation agent that you would like to file a written complaint, and they will provide you with further information and guidance.
Item 18.
TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES
NONDISCRIMINATIONSTATUTES
• Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that:
“No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL-AID RECIPIENT’S PROGRAMS OR
ACTIVITIES)
• The Age Discrimination Act of 1975, as amended 42 U.S.C. 6101, provides:
“No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” (PROHIBITS
DISCRIMINATION BASED ON AGE)
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, provides:
“For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance.” (PROVIDES FOR FAIR TREATMENT OF PERSONS
DISPLACED BY FEDERAL AND FEDERAL-AID PROGRAMS AND PROJECTS) • The Federal-aid Highway Act, 49 U.S.C. 306
Outlines the responsibilities of the U.S. Department of Transportation and, at (c) outlines the Secretary’s authority to decide whether a recipient has not compiled with applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary action to ensure compliance. • The 1973 Federal-aid Highway Act, 23 U.S.C. 324, provides:
“No person shall on the ground ofsex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or carried on under this title.” (PROHIBITS DISCRIMINATION ON THE BASIS OF SEX)
• The Civil Rights Restoration Act of 1987, P.L. 100-209, provides:
Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES THE BROAD, INSTITUTION-WIDE SCOPE AND COVERAGE OF THE
NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL-AID
RECIPIENTS, SUB-RECIPIENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES
ARE FEDERALLY ASSISTED OR NOT)
• The Uniform Relocation Act Amendments of 1987, P.L. 101-246, provides:
“For fair, uniform, and equitable treatment of all affected persons; …(and) minimizing the adverse impact of displacement…(to maintain)…the economic and social well-being of communities; and…to establish a lead agency and allow for State certification and implementation.” (UPDATED THE 1970 ACT AND CLARIFIED THE INTENT
OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT)
Item 18.
TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES
• The Americans with Disabilities Act, P.L. 101-336, provides:
“No qualified individual with a disability shall, by reason ofsuch disability, be excluded from the participation in, be denied benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a State or a local government.” (PROVIDED ENFORCEABLE STANDARDS TO ADDRESS
DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES)
• The Civil Rights Act of 1991, in part, amended Section 1981 of 42 U.S.C. by adding two new sections that provided:
“(b) For the purposes of this section, the term ‘make and enforce contracts’ includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractualrelationship.
(c) The rights protected by this section are protected against impairment by non-governmental discrimination and impairment under color of State law.”
• Title VIII of the 1968 Civil Rights Act, 42 U.S.C. 3601, provides that:
“(I) It shall be unlawful…to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin.” (PROHIBITS DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING – HUD is the primary interest agency, but FHWA and States under Title VI are responsible for preventing discrimination in the function of Right-of-Way)
• The National Environmental Policy Act of 1969, 42 U.S.C. 4321 Requires the consideration of alternatives, including the “no-build” alternative, consideration of social, environmental and economic impacts, public involvement, and use of a systematic interdisciplinary approach at each decisionmaking stage of Federal-aid project development.
• Title IX of the Education Amendments of 1972
Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2) establish, strengthen, and improve programs designed to prepare graduate and professional students for public service; and (3) assist in strengthening undergraduate programs of instruction in certain instances. • Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 790, provides that:
“(N)o qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.” (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL
HANDICAP)
Source: U.S. Department of Transportation
Federal Highway Administration Title VI Handbook
Title VI Nondiscrimination in the Federal-Aid Highway Program FHWA Publication No. FHWA-HCR-06-006
Item 18.
CONFIDENTIAL
This document contains personal information
and pursuant to Civil Code section 1798.21 it
shall be kept confidential in order to protect
against unauthorized disclosure.
RIGHT-OF-WAY TITLE VI SURVEY
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For information, please call the EEO Officer at (916) 324-1541, TTY: 711, email at [email protected], or write to: California High-Speed Rail Authority, at 770 L Street, Suite 620, Sacramento, CA 95814.
Title VI The Authority provides free language assistance through interpreters and/or translation of vital documents to persons who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English. To request language assistance, please call (916) 324-1541.
PERSONAL INFORMATION NOTICE
Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code § 1798, et seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to the California High-Speed Rail Authority Records Staff at [email protected]
NON-DISCRIMINATION
All persons affected by State transportation projects are requested to provide information with regard to race, color, national origin, sex, disability, age or income status. Please check the items below which best describe you and return this form in the enclosed envelope.
The furnishing of this information is voluntary.
Head of household: ☐ Male ☐ Female
Age: ☐ Under 40 ☐ 41-65 ☐ Over 65
Race/Ethnicity: ☐ White ☐ American Tribe
☐ Black ☐ Pacific Islander
☐ Hispanic ☐ Other
☐ Asian Specify:
Language spoken, if other than English:
Are you or any member of your household suffering any physical disability or medical condition? ☐ Yes ☐ No Are you a low-income family: ☐ Yes ☐ No
Enclosure
Item 18.
CONFIDENTIAL
This document contains personal information
and pursuant to Civil Code section 1798.21 it
shall be kept confidential in order to protect
against unauthorized disclosure.
RIGHT-OF-WAY TITLE VI DISCRIMINATION COMPLAINT
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For information, please call the EEO Officer at (916) 324-1541, TTY: 711, email at [email protected], or write to: California High-Speed Rail Authority, at 770 L Street, Suite 620, Sacramento, CA 95814.
Title VI The Authority provides free language assistance through interpreters and/or translation of vital documents to persons who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English. To request language assistance, please call (916) 324-1541.
PERSONAL INFORMATION NOTICE
Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code § 1798, et seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to the California High-Speed Rail Authority Records Staff at [email protected] Name of Complainant Home Telephone Work Telephone
Mailing Address
BASIS OF DISCRIMINATION
Race Color National Origin Sex Disability Low-Income Non-English Speaker Provide dates(s) and place of alleged discrimination.
Describe the nature of the action, decision, or conditions of the alleged discrimination (attach extra page, if necessary) Name the individuals (if known) responsible for the action, decision or condition of alleged discrimination.
Provide supporting information known to complainant in support of his/her allegation.
Identify possible witnesses whom the complainant believes can provide factual information about this allegation.
State the action requested by complainant.
Signature of Complainant Date Filed
NOTE: The use of the Right-of-Way Title VI Discrimination Complaint form is not mandatory. You may submit your complaint in any form that contains your signature.
Item 18.
Item 18.
Item 18.
Item 18.
Form W-9
(Rev. March 2024)
Request for Taxpayer
Identification Number and Certification
Department of the Treasury
Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information.
Give form to the
requester. Do not
send to the IRS.
Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. Print or type. See Specific Instructions on page 3. 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner’s name on line 1, and enter the business/disregarded entity’s name on line 2.)
2 Business name/disregarded entity name, if different from above. 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes.
Individual/sole proprietor C corporation S corporation Partnership Trust/estate LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) . . . .
Note: Check the “LLC” box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner.
Other (see instructions)
3b If on line 3a you checked “Partnership” or “Trust/estate,” or checked “LLC” and entered “P” as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions . . . . . . . . . 4 Exemptions (codes apply only to
certain entities, not individuals;
see instructions on page 3):
Exempt payee code (if any)
Exemption from Foreign Account Tax
Compliance Act (FATCA) reporting
code (if any)
(Applies to accounts maintained
outside the United States.)
5 Address (number, street, and apt. or suite no.). See instructions. 6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter.
Social security number
– –
or
Employer identification number
–
Part II Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign
Here
Signature of
U.S. person Date
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.
What’s New
Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the “LLC” box and enter its appropriate tax classification.
New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024) Page 365
Item 18.
Form W-9 (Rev. 3-2024) Page 2
must obtain your correct taxpayer identification number (TIN), which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid).
• Form 1099-DIV (dividends, including those from stocks or mutual funds).
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds).
• Form 1099-NEC (nonemployee compensation).
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers).
• Form 1099-S (proceeds from real estate transactions). • Form 1099-K (merchant card and third-party network transactions). • Form 1098 (home mortgage interest), 1098-E (student loan interest), and 1098-T (tuition).
• Form 1099-C (canceled debt).
• Form 1099-A (acquisition or abandonment of secured property).
Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.
Caution: If you don’t return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.
By signing the filled-out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued);
2. Certify that you are not subject to backup withholding; or
3. Claim exemption from backup withholding if you are a U.S. exempt payee; and
4. Certify to your non-foreign status for purposes of withholding under chapter 3 or 4 of the Code (if applicable); and
5. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting is correct. See What Is FATCA Reporting, later, for further information.
Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).
Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding. Payments made to foreign persons, including certain distributions, allocations of income, or transfers of sales proceeds, may be subject to withholding under chapter 3 or chapter 4 of the Code (sections 1441–1474). Under those rules, if a Form W-9 or other certification of non-foreign status has not been received, a withholding agent, transferee, or partnership (payor) generally applies presumption rules that may require the payor to withhold applicable tax from the recipient, owner, transferor, or partner (payee). See Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities.
The following persons must provide Form W-9 to the payor for purposes of establishing its non-foreign status.
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the disregarded entity. • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the grantor trust.
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust and not the beneficiaries of the trust.
See Pub. 515 for more information on providing a Form W-9 or a certification of non-foreign status to avoid withholding.
Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person (under Regulations section 1.1441-1(b)(2)(iv) or other applicable section for chapter 3 or 4 purposes), do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515). If you are a qualified foreign pension fund under Regulations section 1.897(l)-1(d), or a partnership that is wholly owned by qualified foreign pension funds, that is treated as a non-foreign person for purposes of section 1445 withholding, do not use Form W-9. Instead, use Form W-8EXP (or other certification of non-foreign status).
Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a saving clause. Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.
1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.
4. The type and amount of income that qualifies for the exemption from tax.
5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.
Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if their stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first Protocol) and is relying on this exception to claim an exemption from tax on their scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.
If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.
Backup Withholding
What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include, but are not limited to, interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third-party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.
You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.
Payments you receive will be subject to backup withholding if:
1. You do not furnish your TIN to the requester;
2. You do not certify your TIN when required (see the instructions for Part II for details);
3. The IRS tells the requester that you furnished an incorrect TIN;
4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only); or
5. You do not certify to the requester that you are not subject to backup withholding, as described in item 4 under “By signing the filledout form” above (for reportable interest and dividend accounts opened after 1983 only).