Agenda packet — Escondido City Council, August 7, 2024 (part 1 of 4)

CITY of ESCONDIDO
Council Meeting Agenda
WEDNESDAY, AUGUST 07, 2024
4:00 PM - Closed Session (Parkview Conference Room)
5:00 PM - Regular Session
Escondido City Council Chambers, 201 North Broadway, Escondido, CA 92025

WELCOME TO YOUR CITY COUNCIL MEETING
We welcome your interest and involvement in the legislative process of Escondido. This agenda includes information about topics coming before the City Council and the action recommended by City staff.

MAYOR
Dane White

DEPUTY MAYOR
Christian Garcia (District 3)

COUNCILMEMBERS
Consuelo Martinez (District 1)
Joe Garcia (District 2)
Michael Morasco (District 4)

CITY MANAGER
Sean McGlynn

CITY ATTORNEY
Michael McGuinness

CITY CLERK
Zack Beck

HOW TO WATCH
The City of Escondido provides three ways to watch a City Council meeting:

In Person On TV Online
201 N. Broadway Cox Cable Channel 19 and U-verse Channel 99 www.escondido.gov 1 Wednesday, August 07, 2024

HOW TO PARTICIPATE
The City of Escondido provides two ways to communicate with the City Council during a meeting:

In Person In Writing
Fill out Speaker Slip and Submit to City Clerk escondido-ca.municodemeetings.com

ASSISTANCE PROVIDED
If you need special assistance to participate in this meeting, please contact our ADA Coordinator at 760-839-4869.

Notification 48 hours prior to the meeting will enable to city to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired – please see the City Clerk. 2 Wednesday, August 07, 2024

CLOSED SESSION
4:00 PM

CALL TO ORDER

1. Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White

ORAL COMMUNICATIONS
In addition to speaking during particular agenda items, the public may address the Council on any item which is not on the agenda provided the item is within the subject matter jurisdiction of the City Council. State law prohibits the Council from discussing or taking action on such items, but the matter may be referred to the City Manager/staff or scheduled on a subsequent agenda. Speakers are limited to only one opportunity to address the Council under Oral Communications.

CLOSED SESSION
I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government § 54956.8) a. Property: 3500 Burnet Drive, Escondido, California 92027 (APN 76016998) b. Agency Negotiator: Sean McGlynn, City Manager, or designee c. Negotiating Party: San Diego Humane Society
d. Under Negotiation: Price and Terms of Sale

ADJOURNMENT
3 Wednesday, August 07, 2024

REGULAR SESSION
5:00 PM Regular Session

MOMENT OF REFLECTION
City Council agendas allow an opportunity for a moment of silence and reflection at the beginning of the evening meeting. The City does not participate in the selection of speakers for this portion of the agenda, and does not endorse or sanction any remarks made by individuals during this time. If you wish to be recognized during this portion of the agenda, please notify the City Clerk in advance.

FLAG SALUTE
The City Council conducts the Pledge of Allegiance at the beginning of every City Council meeting.

CALL TO ORDER
Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White

PRESENTATIONS
Miss National Extraordinaire Pageant Winners
Escondido Street Stewards

CLOSED SESSION REPORT

CONSENT CALENDAR
Items on the Consent Calendar are not discussed individually and are approved in a single motion. However, Council members always have the option to have an item considered separately, either on their own request or at the request of staff or a member of the public.

1. AFFIDAVITS OF PUBLICATION, MAILING, AND POSTING (COUNCIL/RRB) 4 Wednesday, August 07, 2024

2. APPROVAL OF WARRANT REGISTERS (COUNCIL)
Request approval for City Council and Housing Successor Agency warrant numbers:
 385478 – 385730 dated July 10, 2024
 385731 – 385967 dated July 17, 2024
 385968 – 386172 dated July 24, 2024
Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) ESSENTIAL SERVICE – Yes, Internal requirement per Municipal Code Section 10-49

3. APPROVAL OF MINUTES: Regular Meeting Minutes of July 10, 2024 and July 17, 2024

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

5. ESTABLISHING THE PROPERTY TAX RATE AND FIXED CHARGE ASSESSMENTS FOR GENERAL

OBLIGATION BONDED INDEBTEDNESS
It is requested that the City Council adopt Resolution No. 2024-111 to establish the property tax rate and fixed charge assessments for bonded indebtedness for Fiscal Year 2024/25.

Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
ESSENTIAL SERVICE – Yes, Internal Requirement, Debt Repayment COUNCIL PRIORITY – Internal Requirement, Debt Repayment a) Resolution No. 2024-111

6. FY23 URBAN AREA SECURITY INITATIVE (“UASI”) GRANT PROGRAM AND BUDGET NUMBER Request the City Council adopt Resolution No. 2024-104 authorizing the Escondido Fire Department to accept FY 2023 Urban Area Security Initiative (“UASI”) grant funds in the amount of $53,300; authorize the Fire Chief or his designee to execute grant documents on behalf of the City; and approve budget adjustments needed to spend grant funds.

Staff Recommendation: Approval (Fire: John Tenger, Fire Chief) Presenter: Tyler Batson, Fire Division Chief
5 Wednesday, August 07, 2024
ESSENTIAL SERVICE – Yes, Police Services; Fire/EMS Services COUNCIL PRIORITY – Improve Public Safety
a) Resolution No. 2024-104

7. PUBLIC SERVICES AGREEMENT WITH WEST COAST ARBORISTS INC. FOR LANDSCAPE MAINTENANCE

TREE SERVICES FOR THE CITY OF ESCONDIDO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICTS (LMD)
It is requested that the City Council adopt Resolution No. 2024-99 awarding the Public Services Agreement (Exhibit “A”) to West Coast Arborists, Inc., for Landscape Maintenance Tree Services for the City of Escondido and authorizing the Mayor to execute the agreement in the amount of $1,400,000 over a fouryear period.

Staff Recommendation: Approval (Chris McKinney, Development Services Director, and Owen Tunnell, Interim City Engineer)
Presenter: Jen Conway, Management Analyst II
ESSENTIAL SERVICE – Yes, Keep City Clean for Public Health and Safety; Maintenance of Parks Facilities/Open Spaces
COUNCIL PRIORITY – Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido
a) Resolution No. 2024-99

8. CONTINUING THE EMERGENCY REPAIR OF THE ESCONDIDO TRUNK SEWER MAIN Request the City Council take the following actions:

Adopt Resolution No. 2024-106, declaring that pursuant to the terms of Section 22050 of the California Public Contract Code, the City Council finds there is a need to continue the emergency repair of the Escondido Trunk Sewer Main. The resolution, which must be passed by four-fifths vote, also declares that public interest and necessity demand the immediate expenditure to safeguard life, health, or property; and
Approve a Budget Adjustment in the amount of $12,036,225.

Staff Recommendation: Approval (Utilities: Angela Morrow, Director of Utilities) Presenter: Stephanie Roman, Interim Assistant Director of Utilities – Construction & Engineering 6 Wednesday, August 07, 2024
ESSENTIAL SERVICE – Yes, Keep City Clean for Public Health and Safety; Sewer COUNCIL PRIORITY – Improve Public Safety
a) Resolution No. 2024-106

9. FY 2023 State Homeland Security Grant Program and Budget Adjustment Request the City Council adopt Resolution No. 2024-109 to authorize the Escondido Police Department to accept FY 2023 State Homeland Security Grant funds in the amount of $86,760; authorize the Chief of Police or his designee to execute grant documents on behalf of the City; and approve budget adjustments needed to spend grant funds. The County of San Diego Office of Emergency Services has authorized the City of Escondido to spend its funds on equipment to support regional public safety projects. The Fire Department will receive $45,693 and the Police Department will receive $41,067 from this award.

Staff Recommendation: Approval (Police Department: Edward Varso, Chief of Police) Presenter: Edward Varso, Chief of Police
ESSENTIAL SERVICE – Yes, internal requirement in support of Police Services and Fire/EMS Services COUNCIL PRIORITY – Improve Public Safety
a) Resolution No. 2024-109

CONSENT RESOLUTIONS AND ORDINANCES (COUNCIL/RRB)
The following Resolutions and Ordinances were heard and acted upon by the City Council/RRB at a previous City Council/Mobilehome Rent Review meeting. (The title of Ordinances listed on the Consent Calendar are deemed to have been read and further reading waived.)

PUBLIC HEARINGS

10. CONSIDERATION OF AN ORDINANCE REGULATING RECREATIONAL VEHICLE PARKING Request the City Council adopt Ordinance No. 2024-10 amending Escondido Municipal Code section 28- 142 to regulate recreational vehicle (“RV”) parking.

Staff Recommendation: Approval (City Manager: Christopher McKinney, Deputy City Manager) Presenter: Christopher McKinney, Deputy City Manager, and Ed Varso, Chief of Police ESSENTIAL SERVICE –Yes, Keep City Clean for Public Health and Safety; Clean Water 7 Wednesday, August 07, 2024
COUNCIL PRIORITY – Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido
a) Ordinance No. 2024-10 (First Reading and Introduction)

11. CONSISTENCY AMENDMENTS TO THE LAND USE ELEMENT AND EAST VALLEY AREA PLAN | PL24-0007 Request the City Council adopt Ordinance No. 2024-11, approving the General Plan Land Use and Community Form chapter and East Valley Parkway Area Plan text and figure amendments for consistency with the East Valley Specific Plan (“EVSP”), which was adopted by City Council on July 19, 2023.

Staff Recommendation: Approval (Development Services: Christopher McKinney, Deputy City Manager) Presenter: Pricila Roldan, Associate Planner
ESSENTIAL SERVICE – Yes, Land Use/Development
a) Ordinance No. 2024-11 (First Reading and Introduction)

12. 2024-2025 Annual Action Plan for DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (“HUD”) FUNDING for the Community Development Block Grant (“CDBG”) and Home investment partnership (“HOME”) programs
It is requested that the City Council conduct a public hearing to solicit and consider citizen input on the FY 2024-2025 HUD Annual Action Plan for the use of CDBG and HOME funds; and Adopt Resolution No. 2024-110 approving Fiscal Year 2024-2025 HUD Annual Action Plan for use of CDBG and HOME Funds, conditionally commit funds to projects, authorize the Director of Community Development to execute contracts as appropriate and approve the submittal of the FY 2024-2025 Annual Action Plan to HUD.

Staff Recommendation: Approval (Development Services: Chris McKinney, Deputy City Manager and Interim Director of Development Services)
Presenter: Danielle Lopez, Housing and Neighborhood Services Manager and Dulce Salazar, Management Analyst
ESSENTIAL SERVICE – Yes, Keep City Clean for Public Health and Safety; Land Use/Development; Public Works/Infrastructure; Maintenance of Parks facilities/Open Spaces COUNCIL PRIORITY – Eliminate Structural Deficit; Encourage Housing Development a) Resolution No. 2024-110
8 Wednesday, August 07, 2024

CURRENT BUSINESS

13. 2023 GENERAL PLAN ANNAUL PROGRESS REPORT | PL24-0082 Request the City Council receive and file the 2023 General Plan Annual Progress Report, documenting the City’s progress on implementing the General Plan for the 2023 calendar year.

Staff Recommendation: Receive and File (Development Services Department: Christopher W. McKinney, Deputy City Manager)
Presenter: Pricila Roldan, Associate Planner
ESSENTIAL SERVICE – Yes Land Use/Development

14. 2023 CLIMATE ACTION PLAN ANNUAL MONITORING REPORT | PL24-0082 Request the City Council receive and file the 2023 Climate Action Plan (“CAP”) Annual Monitoring Report Staff Recommendation: Receive and File (Development Services Department: Christopher W. McKinney, Deputy City Manager)
Presenter: Veronica Morones, City Planner
ESSENTIAL SERVICE – Yes Land Use/Development

FUTURE AGENDA

15. FUTURE AGENDA
The purpose of this item is to identify issues presently known to staff or which members of the City Council wish to place on an upcoming City Council agenda. Council comment on these future agenda items is limited by California Government Code Section 54954.2 to clarifying questions, brief announcements, or requests for factual information in connection with an item when it is discussed.

Staff Recommendation: None (City Clerk's Office: Zack Beck)

COUNCILMEMBERS SUBCOMMITTEE REPORTS AND OTHER REPORTS
CITY MANAGER’S WEEKLY ACTIVITY REPORT
9 Wednesday, August 07, 2024
The most current information from the City Manager regarding Economic Development, Capital Improvement Projects, Public Safety, and Community Development. This report is also available on the City’s website, www.escondido.gov.

ADJOURNMENT

UPCOMING MEETING SCHEDULE
Wednesday, August, 14, 2024 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers Wednesday, August, 21, 2024 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers

SUCCESSOR AGENCY
Members of the Escondido City Council also sit as the Successor Agency to the Community Development Commission, Escondido Joint Powers Financing Authority, and the Mobilehome Rent Review Board. 10 Consent Item No. 1 August 7, 2024

A F F I D A V I T S
OF

I T E M
P O S T I N G –
 30-DAY PUBLIC NOTICE TO ACCEPT HOME CDBG
 ADOPTION OF ORDINANCE NO. 2024-09 (REGULATION OF RECREATIONAL VEHICLE PARKING – INTRO & READING
 CONSISTENCY AMENDMENTS TO THE LAND USE ELEMENT AND EAST VALLEY AREA PLAN - PL24-0007
 NOTICE OF CDBG PUBLIC HEARING AND 30 DAY PUBLIC COMMENT PERIOD (PDF)
11 Item1.

CITY OF ESCONDIDO

HOUSING & NEIGHBORHOOD SERVICES
201 N. BROADWAY
ESCONDIDO, CA 92025-2798
760-839-4841
NOTICE OF PUBLIC HEARING AND 30-DAY PUBLIC COMMENT PERIOD FISCAL YEAR 2024-2025 ANNUAL ACTION PLAN FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) AND HOME INVESTMENT PARTNERSHIPS PROGRAM (“HOME”)
NOTICE IS HEREBY GIVEN on WEDNESDAY, AUGUST 7, 2024 at 5 p.m., the Escondido City Council will hold a Public Hearing to consider the adoption and approval of the 2024-25 Annual Action Plan for the Community Development Block Grant (“CDBG”) and HOME Investment Partnership (“HOME”) funds.

The City of Escondido is an entitlement jurisdiction and anticipates receiving $1,952,301 in federal funds for CDBG ($1,378,005) and HOME ($574,296) programs in Fiscal Year 2024-25. These federals are intended to serve low- and moderate-income persons and areas, eliminate slum and blight and address urgent needs within the City of Escondido. The City of Escondido released a Request for Proposal in May 2024 soliciting CDBG applications and received 19 proposals from both external and internal applicants. The City has published a draft Annual Action Plan (“Plan”) with funding recommendations for public services and capital projects in 2024-25.

The City of Escondido would like to invite feedback from the public on the Plan. The Plan will be posted for a 30-day public comment period from July 4, 2024 until August 2, 2024. The Plan is available for a review on the City’s website at Housing & Neighborhood Services | Escondido, CA or the Housing and Neighborhood Services Division at Escondido City Hall at 201 N. Broadway, Escondido, CA 92025. Further information or public comments can be submitted to Dulce Salazar at 760-839-4057 or [email protected] in the Housing and Neighborhood Services Division.

If you challenge the item described above in court, you may be limited to raising only those issues that you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Escondido City Council at or prior to the hearing.

PUBLIC COMMENT: To submit comments in writing, please do so at the following link:
https://escondido-ca.municodemeetings.com/bc-citycouncil/webform/public-comment.

All comments received from the public will be made a part of the record of the meeting.

The City of Escondido remains committed to complying with the Americans with Disabilities Act (“ADA”). Qualified individuals with disabilities who wish to participate in City programs, services, or activities and who need accommodations are invited to present their requests to the City by filing out a Request for Accommodations Form or an Inclusion Support Request Form for Minors, or by calling 760-839-4376, preferably at least 72 hours in advance of the event or activity. Forms can be found on the City’s website at: Risk & Safety / ADA | Escondido, CA. 12 Item1.

CIUDAD DE ESCONDIDO

VIVIENDA Y SERVICIOS AL VECINDARIO
201 N. BROADWAY
ESCONDIDO, CA 92025-2798
760-839-4841
AVISO DE AUDIENCIA PÚBLICA Y PLAZO DE 30 DÍAS PARA COMENTARIOS PÚBLICOS PLAN DE ACCIÓN ANUAL PARA EL AÑO FISCAL 2024-2025 PARA
LA BECA DE DESARROLLO COMUNITARIO ("CDBG") Y POGRAMA DE SOCIEDADES DE INVERSIÓN EN VIVIENDA ("HOME")
POR MEDIO DEL PRESENTE AVISO SE NOTIFICA que el MIÉRCOLES 7 DE AGOSTO DE 2024 a las 5 p.m., el Concejo de la Ciudad de Escondido celebrará una Audiencia Pública para considerar la aprobación y adopción del Plan de Acción Anual 2024-25 para los fondos de la Beca de Desarrollo Comunitario ("CDBG") y Programa de Sociedades de Inversión ("HOME"). La audiencia pública se realizará en la Sala Consistorial del municipio de Escondido, 201 N.

Broadway, Escondido.

La Ciudad de Escondido es una jurisdicción con derecho a fondos y anticipa recibir $ 1,952,301 en fondos federales para los programas CDBG ($ 1,378,005) y HOME ($ 574,296) para el año fiscal 2024-25. Estos fondos federales están destinados a servir a personas y áreas de ingresos bajos y moderados, eliminar deterioración y marginales en los vecindarios y atender necesidades urgentes dentro de la Ciudad de Escondido. La Ciudad de Escondido publico una Solicitud de Propuesta en mayo del 2024 solicitando aplicaciones de CDBG y recibió 19 propuestas de solicitantes externos e internos. La Ciudad ha publicado un borrador del Plan de Acción Anual ("Plan") con recomendaciones de fondos para servicios públicos y proyectos de capital en 2024-

25. La Ciudad de Escondido invita al público a dar sus comentarios sobre el Plan. El Plan se publicará para un período de comentarios públicos de 30 días a partir del 4 de julio de 2024 hasta el 2 de agosto de 2024. El Plan está disponible para su revisión en el sitio web de la Ciudad en Servicios de Vivienda y Vecindarios | Escondido, CA o en la División de Servicios de Vivienda y Vecindarios en el Municipio de Escondido en 201 N. Broadway, Escondido, CA 92025. Se puede enviar más información o comentarios públicos a Dulce Salazar al 760-839-4057 o [email protected] en la División de Vivienda y Servicios al Vecindario.

Si cuestiona el asunto descrito anteriormente ante una corte, podría quedar limitado a proponer sólo aquellos asuntos que usted o alguien más haya propuesto en la audiencia pública señalada en este aviso, o en la correspondencia escrita entregada al Concejo Municipal de Escondido durante o antes de la audiencia.

COMENTARIO PÚBLICO: para enviar comentarios por escrito, hágalo en el siguiente enlace:
https://escondido-ca.municodemeetings.com/bc-citycouncil/webform/public-comment. Todos los comentarios recibidos del publico formaran parte del récord de la junta.

La Ciudad de Escondido sigue comprometida a cumplir con la Ley de Estadounidenses con Discapacidades (ADA). Las personas calificadas con discapacidades que deseen participar en programas, servicios o actividades de la Ciudad y que necesiten adecuaciones están invitadas a presentar sus solicitudes a la Ciudad llenando un Formulario de Solicitud de Adecuaciones o un Formulario de Solicitud de Apoyo de Inclusión para Menores, o llamando al 760-839-4376, preferiblemente al menos 72 horas antes del evento o actividad. Los formularios se pueden encontrar en el sitio web de la Ciudad en: Riesgo Y Seguridad / ADA | Escondido, CA. 13 Item1.

CITY OF ESCONDIDO

OFFICE OF THE CITY CLERK
201 NORTH BROADWAY
ESCONDIDO, CA 92025-2798
760-839-4617

NOTICE OF PUBLIC HEARING
The Escondido City Council will hold a public hearing, in the City Council Chambers, Escondido City Hall, 201 N. Broadway, Escondido, CA at 5 p.m. on Wednesday, August 7, 2024, to consider the item below:

CONSISTENCY AMENDMENTS TO THE LAND USE ELEMENT AND EAST VALLEY AREA PLAN - PL24- 0007
REQUEST: A General Plan Amendment to amend the City of Escondido’s General Plan Land Use and Community Form chapter and the East Valley Parkway Area Plan for conformance with the East Valley Specific Plan. The General Plan Amendment would result in minor modifications to the text and figures of the General Plan’s Land Use and Community Form chapter and the East Valley Parkway Area Plan for consistency with the recently adopted East Valley Specific Plan. On July 19, 2023, the Escondido City Council adopted Ordinance No. 2023- 10 and 2023-85, approving the East Valley Specific Plan (“EVSP”) and associated Program Environmental Impact Report. Adoption of the EVSP bifurcated the boundaries of another long-term policy document, the East Valley Parkway Area Plan, and created inconsistencies within the General Plan’s Land Use and Community Form chapter. A comprehensive list of all modifications proposed can be found in the agenda packet prior to the scheduled meeting.

PROPERTY SIZE AND LOCATION: CityWide
ENVIRONMENTAL STATUS: This effort is not considered a “project” under CEQA, as defined in section 15378(b)(5) of the State CEQA Guidelines.

If you challenge this item in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

PLANNING COMMISSION ACTION: On June 25, 2024, the Planning Commission voted 5-0, with two Commissioners absent, to recommend approval of the project.

PUBLIC COMMENT: To submit comments in writing, please do so at the following link: https://escondidoca.municodemeetings.com/bc-citycouncil/webform/public-comment. All comments received from the public will be made a part of the record of the meeting.

The City of Escondido remains committed to complying with the Americans with Disabilities Act (ADA). Qualified individuals with disabilities who wish to participate in City programs, services, or activities and who need accommodations are invited to present their requests to the City by filing out a Request for Accommodations Form or an Inclusion Support Request Form for Minors, or by calling 760-839-4643, preferably at least 72 hours in advance of the event or activity. Forms can be found on the City’s website at:
https://escondido.gov/820/Americans-with-Disabilities-Act.

The staff report will be available at the Escondido Planning Division, 201 N. Broadway, Escondido, CA 92025; and on the City’s website at https://escondido-ca.municodemeetings.com/ after Thursday, August 1, 2024.

For additional information, please contact Pricila Roldan, Associate Planner, at 760-839-4546, or via email at [email protected], and refer to Case No. PL24-0007.

Zachary Beck, City Clerk
City of Escondido
Dated: 07-25-2024
Docusign Envelope ID: 2E24409F-EC8B-4B8A-B6E4-8106F78EB84F 14 Item1.

CITY OF ESCONDIDO

HOUSING & NEIGHBORHOOD SERVICES
201 N. BROADWAY
ESCONDIDO, CA 92025-2798
760-839-4841

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN on WEDNESDAY, August 07, 2024 at 5 p.m., the Escondido City Council of the City of Escondido will hold a Public Hearing to consider the following item:

Adoption and approval of the City’s Annual Action Plan for Fiscal Year (“FY”) 2024-2025 for the following Housing and Urban Development (“HUD”) Funding Programs: Community Development Block Grant (“CDBG”) and HOME Investment Partnerships Program (“HOME”).

The FY 2024-2025 Annual Action Plan (“Action Plan”) is based on an anticipated federal entitlement of $1,952,301 which includes $1,378,005 in CDBG funds and $574,296 in HOME funds. The City of Escondido released a Request for Proposal for CBDG applications in May 2024 and received 19 proposals from both external and internal applicants.

The City of Escondido would like feedback from the public on the Plan. The Plan was posted for a 30-day public review period from July 4, 2024 through August 2, 2024, for community members to review and comment. The full Plan will be available on the City’s website at Housing & Neighborhood Services | Escondido, CA or the Housing & Neighborhood Services Division at Escondido City Hall located at 210 N. Broadway, Escondido, CA 92025. Further information or public comments can be submitted to Dulce Salazar at 760-839-4057 or [email protected] in the Housing & Neighborhood Service Division.

The FY 2024-25 CDBG and HOME funding recommendations Agenda Report will be available 72- hours prior to the August 7, 2024 Public Hearing on the City’s website at Agendas/Minutes | City of Escondido California Meetings (municodemeetings.com) www.escondido.gov.

PUBLIC COMMENT: To submit comments in writing, please do so at the following link:
https://escondido-ca.municodemeetings.com/bc-citycouncil/webform/public-comment.

All comments received from the public will be made a part of the record of the meeting.

The City of Escondido remains committed to complying with the Americans with Disabilities Act (“ADA”). Qualified individuals with disabilities who wish to participate in City programs, services, or activities and who need accommodations are invited to present their requests to the City by filing out a Request for Accommodations Form or an Inclusion Support Request Form for Minors, or by calling 760-839-4643, preferably at least 72 hours in advance of the event or activity. Forms can be found on the City’s website at: Risk & Safety / ADA | Escondido, CA.

Zack Beck, City Clerk
City of Escondido
July 25, 2024
Docusign Envelope ID: C75D508B-20F7-438D-B528-8F10E672A739 15 Item1.

CIUDAD DE ESCONDIDO

VIVIENDA Y SERVICIOS AL VECINDARIO
201 N. BROADWAY
ESCONDIDO, CA 92025-2798
760-839-4841
AVISO DE AUDIENCIA PÚBLICA
PLAN DE ACCIÓN DEL AÑO FISCAL 2024-2025 PARA
Desarrollo Comunitario de Beca Para Bloque (“CDBG”) Y Sociedad de Inversión (HOME) POR MEDIO DEL PRESENTE AVISO SE INFORMA que el consulado de la Ciudad de Escondido realizará una Audiencia Pública el 07 de agosto de 2024 a las 5 p.m. en la Sala Consistorial del municipio de Escondido, 201 N. Broadway, Escondido. Se discutirá lo siguiente:

Adopción y aprobación del Plan de Acción de la Ciudad para el Año Fiscal 2024-2025 para los siguientes Programas: Desarrollo Comunitario de Beca Para Bloque (CDBG) y fondos de Sociedad de Inversión (HOME).

El Plan de Acción Anual del Año Fiscal 2024-2025 (“Plan de Acción”) se basa en un derecho federal anticipado de $1,952,301 que incluye $1,378,005 en fondos de CDBG y $574,296 en fondos de HOME. La Ciudad de Escondido publicó una solicitud de propuestas para aplicaciones de CDBG en mayo de 2024 y recibió 19 propuestas de solicitantes externos e internos.

La Ciudad de Escondido desea invitar a que el público de sus comentarios sobre el Plan. El Plan se publicó por un período de comentarios públicos de 30 días desde el 4 de julio de 2024 hasta el 2 de agosto de 2024. El Plan está disponible para su revisión en el sitio web de la Ciudad en Servicios de Vivienda y Vecindarios | Escondido, CA o en la División de Servicios de Vivienda y Vecindarios en el Municipio de Escondido en 201 N. Broadway, Escondido, CA 92025. Se puede enviar más información o comentarios públicos a Dulce Salazar al 760-839-4057 o [email protected] en la División de Vivienda y Servicios al Vecindario.

El Reporte de Agenda con las recomendaciones de financiación de CDBG y HOME para el año fiscal 2024-25 estará disponible 72 horas antes de la audiencia pública del 7 de agosto de 2024 en el sitio web de la Ciudad en Agendas/Minutes | City of Escondido California Meetings (municodemeetings.com) www.escondido.gov
COMENTARIO PÚBLICO: para enviar comentarios por escrito, hágalo en el siguiente enlace:
https://escondido-ca.municodemeetings.com/bc-citycouncil/webform/public-comment. Todos los comentarios recibidos del publico formaran parte del récord de la junta.

La Ciudad de Escondido sigue comprometida a cumplir con la Ley de Estadounidenses con Discapacidades (ADA). Las personas calificadas con discapacidades que deseen participar en programas, servicios o actividades de la Ciudad y que necesiten adecuaciones están invitadas a presentar sus solicitudes a la Ciudad llenando un Formulario de Solicitud de Adecuaciones o un Formulario de Solicitud de Apoyo de Inclusión para Menores, o llamando al 760-839-4643, preferiblemente al menos 72 horas antes del evento o actividad. Los formularios se pueden encontrar en el sitio web de la Ciudad en: Riesgo Y Seguridad / ADA | Escondido, CA.

Zack Beck, City Clerk
City of Escondido
July 25, 2024
Docusign Envelope ID: C75D508B-20F7-438D-B528-8F10E672A739 16 Item1.

CITY OF ESCONDIDO

OFFICE OF THE CITY CLERK
201 NORTH BROADWAY
ESCONDIDO, CALIFORNIA 92025-2798
(760) 839-4617

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN on WEDNESDAY, August 7, 2024 at 5:00 p.m., the City of Escondido will hold a Public Hearing to consider the following item:

ADOPTION OF ORDINANCE NO. 2024-09 (Regulation of Recreational Vehicle Parking) The City Council will be asked to consider Ordinance No. 2024-09 amending the Escondido Municipal Code to adopt new regulations on recreational vehicle parking within the City of Escondido.

The City of Escondido recognizes its obligation to provide equal access to public services for those individuals with disabilities. Please contact the American Disabilities Act (A.D.A.) Coordinator (760) 839- 4376 with any requests for reasonable accommodations, to include sign language interpreters, at least 24 hours prior to the meeting. The City of Escondido does not discriminate against any person with a handicapped status.

The staff report will be available on the City’s website at https://escondido-ca.municodemeetings.com/ after Thursday, August 1, 2024. FOR ADDITIONAL INFORMATION, please contact (760) 839-4617 or visit the Escondido City Clerk’s Office, 201 N. Broadway, Escondido, CA 92025 ZACK BECK, City Clerk
City of Escondido
July 25, 2024
Docusign Envelope ID: 66D4D0FD-6243-4E87-945B-2724521B3067 17 Item1.

STAFF REPORT
August 7, 2024
File Number 0400-40

SUBJECT

APPROVAL OF WARRANT REGISTERS (COUNCIL)

DEPARTMENT
Finance

RECOMMENDATION
Request approval for City Council and Housing Successor Agency warrant numbers:
385478 – 385730 dated July 10, 2024
385731 – 385967 dated July 17, 2024
385968 – 386172 dated July 24, 2024
Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) ESSENTIAL SERVICE – Yes, Internal requirement per Municipal Code Section 10-49 COUNCIL PRIORITY –

FISCAL ANALYSIS
The total amount of the warrants for the following periods are as follows:

July 03, 2024 – July 10, 2024 is $3,536,438.89
July 11, 2024 – July 17, 2024 is $10,371,611.21
July 18, 2024 – July 24, 2024 is $2,098,847.38
PREVIOUS ACTION – None

BACKGROUND
The Escondido Municipal Code Section 10-49 states that warrants or checks may be issued and paid prior to audit by the City Council, provided the warrants or checks are certified and approved by the Director 18 Item2.
of Finance as conforming to the current budget. These warrants or checks must then be ratified and approved by the City Council at the next regular Council meeting. 19 Item2.

July 10, 2024 Escondido City Council Minutes Page 1 of 6

REGULAR SESSION
5:00 PM Regular Session

FLAG SALUTE
The City Council conducts the Pledge of Allegiance at the beginning of every City Council meeting.

CALL TO ORDER
Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White

CLOSED SESSION REPORT
None

ORAL COMMUNICATIONS
Ann Weiss – (Representative of United Sovereign Americans) Expressed concern regarding the validity of the voter database in California.

Ann Matchinske – (Representative of United Sovereign Americans) Expressed concern regarding the validity of the voter database in California.

Susan Kennedy – (Representative of United Sovereign Americans) Expressed concern regarding the validity of the voter database in California.

Jackie Zoellick – (Representative of United Sovereign Americans) Expressed concern regarding the validity of the voter database in California.

Skip Hammann – (Representative of United Sovereign Americans) Expressed concern regarding the validity of the voter database in California.

CONSENT CALENDAR
Motion: Morasco; Second: C. Garcia; Approved: 5-0 (Martinez “No” vote reflected on item 11) 20 Item3.

July 10, 2024 Escondido City Council Minutes Page 2 of 6

1. AFFIDAVITS OF PUBLICATION, MAILING, AND POSTING (COUNCIL/RRB) -

2. APPROVAL OF WARRANT REGISTERS (COUNCIL)
Request approval for City Council and Housing Successor Agency warrant numbers:
384837 – 385086 dated June 19, 2024
385087 – 385286 dated June 26, 2024
Staff Recommendation: Approval (Finance Department: Christina Holmes)

3. APPROVAL OF MINUTES: Regular meetings of June 19, 2024 and June 26, 2024

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

5. CITY OF ESCONDIDO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT - FINAL ENGINEER'S REPORT FOR ZONES 1-38 FOR FISCAL YEAR 2024/2025
Request the City Council adopt Resolution No. 2024-98 Assessment Engineer’s Report for the annual levy and collection of assessments for the City of Escondido Landscape Maintenance Assessment District (“LMD”) for Zones 1 through 38 on LMD Map for fiscal year 2024/2025.

Staff Recommendation: Approval and File (Development Services Department: Christopher McKinney, Deputy City Manager/Development Services Director, and Owen Tunnell, Interim City Engineer)
Presenter: Jen Conway, Management Analyst II
a) Resolution No. 2024-98

6. AWARD CONSULTING AGREEMENT FOR DESIGN OF THE E VALLEY P AND MIDWAY DR

DRAINAGE IMPROVEMENT PROJECT AND BUDGET ADJUSTMENT TO PROGRAM FEMA

GRANT FUNDS
Request the City Council adopt Resolution No. 2024-84 authorizing the execution of a consulting agreement with Michael Baker International in the amount of $3,553,590 to provide engineering design services for the E Valley Pkwy and Midway Dr Drainage Improvement Project (“Project”). It is also requested that the City Council authorize a Budget Adjustment to program the Hazard Mitigation Grant Program funds received from the Federal Emergency Management Agency (“FEMA”) for the City’s Flood Mitigation Project.

Staff Recommendation: Approval (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services and Owen Tunnell, Interim City Engineer)
Presenter: Jonathan Schauble, Principal Engineer
21 Item3.

July 10, 2024 Escondido City Council Minutes Page 3 of 6 a) Resolution No. 2024-84

7. SUMMARY VACATION OF AN IRREVOCABLE OFFER OF DEDICATION PER STREETS & HIGHWAYS CODE §8334(A)
Staff Recommendation: Approval (Development Services: Chris McKinney, Development Services Director and Owen Tunnell, Interim City Engineer) Presenter: Owen Tunnell, Interim City Engineer
a) Resolution No. 2024-83
b) Resolution No. 2024-83 – Exhibit “A”- Public Street Vacation

8. CONSULTING AGREEMENT FOR SALES AND USE TAX, BUSINESS LICENSE TAX AND TRANSIENT

OCCUPANCY TAX ADMINISTRATION CONSULTING SERVICES
Request the City Council adopt Resolution No. 2024-62, authorizing the Mayor to execute a Consulting Agreement with Hinderliter, DeLlamas & Associates (“HdL”) for Sales and Use Tax, Business License, and Transient Occupancy Tax (“TOT”) Administration Consulting Services; adopt Resolution No. 2024-63 authorizing access to Sales or Transaction and Use Tax Records and Documents Pursuant to California Revenue & Taxation Code Section 7056(b); adopt Resolution No. 2024-96 terminating the current consulting agreement with MuniServices; and approve the Budget Adjustment Request (Attachment “1”).

Staff Recommendation: Approval (City Manager’s Office and Finance: Jennifer Schoeneck, Director of Economic Development and Christina Holmes, Director of Finance) Presenter: Jennifer Schoeneck, Director of Economic Development and Christina Holmes, Director of Finance
a) Resolution No. 2024-62
b) Resolution No. 2024-62– Exhibit “A” – Consulting Agreement c) Resolution No. 2024-62– Exhibit “1” to Attachment “A” of Exhibit “A” – Scope of Services d) Resolution No. 2024-63
e) Resolution No. 2024-96

9. CONSULTING AGREEMENT FOR PROPERTY TAX MANAGEMENT AND CONSULTING SERVICES 22 Item3.

July 10, 2024 Escondido City Council Minutes Page 4 of 6 Request the City Council adopt Resolution No. 2024-66, authorizing the Mayor to execute a Consulting Agreement with HdL Coren & Cone for Property Tax management and Consulting Services
Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
a) Resolution No. 2024-66
b) Resolution No. 2024-66– Exhibit “A” – Consulting Agreement c) Resolution No. 2024-66– Attachment “A” to Exhibit “A” – Scope of Services

10. CONTINUING REPAIR OF THE EMERGENCY REPAIR OF THE ESCONDIDIO TRUNK SEWER MAIN Request the City Council dopt Resolution No. 2024-94, declaring that pursuant to the terms of Section 22050 of the California Public Contract Code, the City Council finds there is a need to continue the emergency repair of the Escondido Trunk Sewer Main. The resolution, which must be passed by four-fifths vote, also declares that public interest and necessity demand the immediate expenditure to safeguard life, health, or property.

Staff Recommendation: Approval (Utilities: Angela Morrow) Presenter: Stephanie Roman, Principal Engineer
a) Resolution 2024-94

11. AN ORDINANCE REPEALING SECTION 17-8 OF CHAPTER 17, ARTICLE 1, OF THE ESCONDIDO MUNICIPAL CODE AND ADDING NEW SECTIONS 17-8.1 THROUGH 17-8.7 TO CHAPTER 17, ARTICLE 1, RELATING TO REGULATING ENCAMPMENTS ON PUBLIC PROPERTY Approved on June 26, 2024 with a vote of 4/1 (Martinez - No) a) Ordinance No. 2024-06 (Second Reading and Adoption)

PUBLIC HEARINGS

12. ADOPTION OF CHANGES TO THE USER AND REGULATORY FEE SCHDULE 23 Item3.

July 10, 2024 Escondido City Council Minutes Page 5 of 6 Request the City Council adopt Resolution No. 2024-72 approving adjustments to the City’s User Fee Schedule and authorize annual inflationary adjustments to fees in between comprehensive studies.

Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
a) Resolution No. 2024-72
b) Resolution No. 2024-72 – Exhibit “A” – Schedule of User and Regulatory Fees Motion: Morasco; Second: J. Garcia; Approved: 4-1 (Martinez – No)

CURRENT BUSINESS

13. CONSIDERATION OF RESOLUTION AND ORDINANCE PLACING THE ESCONDIDO COMMUNITY INVESTMENT MEASURE BEFORE VOTERS AT THE MUNICIPAL ELECTION ON NOVEMBER 5, 2024 –
Request the City Council (a) adopt Resolution No. 2024-89 calling for an election submitting a proposed one-cent general transactions and use (sales) tax increase to the voters; and (b) introduce Ordinance No. 2024-08 amending the Escondido Municipal Code to establish a onecent sales tax, for twenty years, to be administered by the California Department of Tax and Fee Administration, including provisions for citizens’ oversight and accountability.

Staff Recommendation: Approval (Zack Beck, City Clerk; Michael McGuinness, City Attorney) Presenters: Zack Beck and Mike McGuinness
a) Resolution No. 2024-89
b) Ordinance No. 2024-08
Motion: White; Second: C. Garcia; Approved: 5-0

FUTURE AGENDA

14. FUTURE AGENDA
The purpose of this item is to identify issues presently known to staff or which members of the City Council wish to place on an upcoming City Council agenda. Council comment on these future agenda items is limited by California Government Code Section 54954.2 to clarifying questions, brief announcements, or requests for factual information in connection with an item when it is discussed.
24 Item3.

July 10, 2024 Escondido City Council Minutes Page 6 of 6 Staff Recommendation: None (City Clerk's Office: Zack Beck) White/ C. Garcia - Review the Subcommittee process by which policy is brought forward to the City Council.

COUNCILMEMBERS SUBCOMMITTEE REPORTS AND OTHER REPORTS
CITY MANAGER’S WEEKLY ACTIVITY REPORT
The most current information from the City Manager regarding Economic Development, Capital Improvement Projects, Public Safety, and Community Development. This report is also available on the City’s website, www.escondido.org.

ORAL COMMUNICATIONS
None

ADJOURNMENT
Mayor White adjourned the meeting at 5:50 p.m.
______________________________ _______________________________

MAYOR CITY CLERK
25 Item3.

July 17, 2024 Escondido City Council Minutes Page 1 of 7 REGULAR SESSION – 5:00PM
July 17, 2024

FLAG SALUTE
The City Council conducts the Pledge of Allegiance at the beginning of every City Council meeting.

CALL TO ORDER
Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White

PRESENTATIONS
Clean Energy Alliance
NCTD Transit Center Redevelopment and Land Swap Study Update

CLOSED SESSION REPORT
None

ORAL COMMUNICATIONS
Motion: White; Second: J. Garcia; Approved: 5-0

1. AFFIDAVITS OF PUBLICATION, MAILING, AND POSTING (COUNCIL/RRB) -

2. APPROVAL OF WARRANT REGISTERS (COUNCIL)
Request approval for City Council and Housing Successor Agency warrant numbers:
385287 – 385477 dated July 02, 2024
Staff Recommendation: Approval (Finance Department: Christina Holmes) 26 Item3.

July 17, 2024 Escondido City Council Minutes Page 2 of 7 ESSENTIAL SERVICE – Internal requirement per Municipal Code Section 10-49

3. APPROVAL OF MINUTES: None

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

5. SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (HIDDEN

TRAILS)
Request the City Council adopt Resolution No. 2024-90, setting the Special Tax Levy for Community Facilities District No. 2000-01 (Hidden Trails) (“District”) for Fiscal Year 2024/25.

Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
ESSENTIAL SERVICE – Yes, Internal Requirement, Land Use/Development COUNCIL PRIORITY – Encourage Housing Development
Resolution No. 2024-90
Resolution No. 2024-90- Exhibit “A” CFD 2000-01 (Hidden Trails) Special Tax Rates

6. SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2006-01 (EUREKA RANCH)
Request the City Council adopt Resolution No. 2024-91, setting the Special Tax Levy for Community Facilities District No. 2006-01 (Eureka Ranch) (“District”) for Fiscal Year 2024/25.

7. SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2020-2 (THE

VILLAGES)
Request the City Council adopt Resolution No. 2024-92, setting the Special Tax Levy for Community Facilities District No. 2020-2 (The Villages) (“District”) for Fiscal Year 2024/25.

Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) 27 Item3.

July 17, 2024 Escondido City Council Minutes Page 3 of 7 Presenter: Christina Holmes, Director of Finance
ESSENTIAL SERVICE – Yes, Internal Requirement, Land Use/Development COUNCIL PRIORITY – Encourage Housing Development
Resolution No. 2024-92
Resolution No. 2024-92- Exhibit “A” CFD 2020-2 (The Villages) Special Tax Rates

8. SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2022-1 (ECLIPSE/MOUNTAIN HOUSE)
Request the City Council adopt Resolution No. 2024-93, setting the Special Tax Levy for Community Facilities District No. 2022-1 (Eclipse/Mountain House) (“District”) for Fiscal Year 2024/25.

Staff Recommendation: Approval/ Receive and File (Finance: Christina Holmes, Director of Finance)
Presenter: Christina Holmes, Director of Finance
ESSENTIAL SERVICE – Yes, Internal Requirement, Land Use/Development COUNCIL PRIORITY – Encourage Housing Development

9. AWARD PURCHASE OF FUELS FOR FISCAL YEAR 2025
ESSENTIAL SERVICE – Yes, Police Services; Fire/EMS Services; Keep City Clean for Public Health and Safety; Clean Water; Sewer; Public Works/Infrastructure; Maintenance of Parks facilities/Open Spaces
COUNCIL PRIORITY – Improve Public Safety
Resolution No. 2024-88
Resolution No. 2024-88 Exhibit “A” – Sourcewell Contract

10. FY 2023 USDA FOREST SERVICE COMMUNITY WILDFIRE DEFENSE GRANT AWARD AND

BUDGET ADJUSTMENT
Request the City Council adopt Resolution No. 2024-95 to authorize the Escondido Fire Department to accept FY 2023 USDA Forest Service Community Wildfire Defense Grant funds; authorize the City Manager or his designee to execute grant documents on behalf of the City; and approve budget adjustments needed to spend grant funds. 28 Item3.

July 17, 2024 Escondido City Council Minutes Page 4 of 7 Staff Recommendation: Approval (Fire Department: John Tenger, Fire Chief) Presenter: La Vona Koretke, Department Fire Marshal
ESSENTIAL SERVICE – Yes, Fire/EMS Services
COUNCIL PRIORITY – Improve Public Safety
Resolution No. 2024-95

11. FY 2023 OPERATION STONEGARDEN GRANT AND BUDGET ADJUSTMENT Request the City Council adopt Resolution No. 2024-101 and accept FY 2023 Operation Stonegarden Grant Funds in the amount of $10,000 from the California Office of Emergency services through the County of San Diego; authorize the Chief of Police or his designee to execute grant documents on behalf of the city, and approve budget adjustments needed to spend grant funds. The Department will use grant funds to pay overtime expenses for multidisciplinary crime suppression operations related to human trafficking, narcotics trafficking, weapons trafficking, and criminal gang activity. This grant will provide operations funding to enforce local and state laws.

Staff Recommendation: Approval (Department Name: Edward Varso, Chief of Police) Presenter: Edward Varso, Chief of Police
ESSENTIAL SERVICE – Yes, Internal requirement in support of police services.

COUNCIL PRIORITY – Improve Public Safety
Resolution No. 2024-101

12. FISCAL YEAR 2023/24 PAUL COVERDELL FORENSIC IMPROVEMENT PROGRAM GRANT AND

BUDGET ADJUSTMENT
Request the City Council adopt Resolution No. 2024-102 authorizing the Chief of Police or his designee to accept a FY 2023-24 California Office of Emergency Services (CalOES) Paul Coverdell Forensic Science Improvement Program Grant in the amount of $52,621 to cover costs of the salary and overhead of one part-time Department Specialist, maintaining accreditation for the Police Department Crime Lab, and equipment to improve the quality and timeliness of forensic science services; execute all documents necessary for the management and completion of the grant scope; and authorize the necessary budget adjustment needed to spend grant funds.

Staff Recommendation: Approval (Police Department: Edward Varso, Chief of Police) 29 Item3.

July 17, 2024 Escondido City Council Minutes Page 5 of 7 Presenter: Edward Varso, Chief of Police
ESSENTIAL SERVICE – Yes, internal requirement in support of police services COUNCIL PRIORITY – Improve Public Safety
Resolution No. 2024-102

13. BESSIE MINOR SWIFT FOUNDATION GRANT - $3,400
Request the City Council adopt Resolution No. 2024-100 authorizing the Assistant Director of Community Services to receive a $3,400 grant from the Bessie Minor Swift Foundation on behalf of the Escondido Public Library.

Staff Recommendation: Approval (Economic Development/Community Services: Jennifer Schoeneck, Director of Economic Development)
Presenter: Robert Rhoades, Assistant Director of Community Services ESSENTIAL SERVICE – No
COUNCIL PRIORITY –
Resolution No. 2024-100

14. CONTINUING REPAIR OF THE EMERGENCY REPAIR OF THE ESCONDIDO TRUNK SEWER MAIN Request the City Council adopt Resolution No. 2024-103, declaring that pursuant to the terms of Section 22050 of the California Public Contract Code, the City Council finds there is a need to continue the emergency repair of the Escondido Trunk Sewer Main. The resolution, which must be passed by four-fifths vote, also declares that public interest and necessity demand the immediate expenditure to safeguard life, health, or property.

Staff Recommendation: Approval (Utilities: Angela Morrow, Director of Utilities) Presenter: Stephanie Roman, Interim Assistant Director of Utilities – Construction & Engineering
ESSENTIAL SERVICE – Yes, Keep City Clean for Public Health and Safety; Sewer COUNCIL PRIORITY –Improve Public Safety
Resolution No. 2024-103
30 Item3.

July 17, 2024 Escondido City Council Minutes Page 6 of 7

CURRENT BUSINESS

15. RESOLUTION IN OPPOSITION TO ASSEMBLY BILL 3093
Request the City Council approve a letter to the California State Legislature in opposition to Assembly Bill 3093.

Staff Recommendation: Approval (City Council: Mayor Dane White, Deputy Mayor Christian Garcia)
Presenter: Deputy Mayor Garcia
ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY – Eliminate Structural Deficit; Encourage Housing Development Attachment “1” - Letter in Opposition to AB 3093
Motion: C. Garcia; Second: Morasco; Approved: 5-0

FUTURE AGENDA

16. FUTURE AGENDA
The purpose of this item is to identify issues presently known to staff or which members of the City Council wish to place on an upcoming City Council agenda. Council comment on these future agenda items is limited by California Government Code Section 54954.2 to clarifying questions, brief announcements, or requests for factual information in connection with an item when it is discussed.

Staff Recommendation: None (City Clerk's Office: Zack Beck)

July 17, 2024 Escondido City Council Minutes Page 7 of 7

ORAL COMMUNICATIONS
None

ADJOURNMENT
Mayor White adjourned the meeting at 6:17 p.m.
______________________________ _______________________________

MAYOR CITY CLERK
32 Item3.
33 Item4.

STAFF REPORT
August 7, 2024
File Number 0480-40

SUBJECT

ESTABLISHING THE PROPERTY TAX RATE AND FIXED CHARGE ASSESSMENTS FOR GENERAL

OBLIGATION BONDED INDEBTEDNESS

DEPARTMENT
Finance

RECOMMENDATION
It is requested that the City Council adopt Resolution No. 2024-111 to establish the property tax rate and fixed charge assessments for bonded indebtedness for Fiscal Year 2024/25.

FISCAL ANALYSIS
A total of $4,836,250 will be needed for the annual debt service payments for the General Obligation Bonds. This represents $1,085,625 due in March 2025 and $3,750,625 due in September 2025.

PREVIOUS ACTION
The City Council certified the results of the November 2, 2004, election approving Proposition P on December 1, 2004. On July 12, 2006, the City Council authorized the issuance and sale of the General Obligation Bonds (“Bonds”). The Bonds provided financing for the construction of three new fire stations, a replacement of Fire Station 1, and a combined Police and Fire Headquarters Facility.

The City of Escondido General Obligation Bonds, Election of 2004, Series A (Fire, Police, and Emergency Response Measure) were refunded on June 9, 2015 by the issuance of the General Obligation Refunding Bonds Series 2015. The Bonds mature on September 1, 2036. Prior year’s Resolution No. 2023-93 was adopted on August 9, 2023.
34 Item5.

BACKGROUND
General Obligation Bonds are secured by the legal obligation to levy an ad valorem property tax upon taxable property within the City of Escondido (“City”) in an amount sufficient to pay the yearly debt service (principal and interest) payment. The debt service payment for March 2025 is $1,085,625 and the debt service payment for September 2025 is $3,750,625. The City is required to set a tax rate to meet these financial obligations. The assessed value for property in Escondido is used as the basis for applying the levy to taxable properties.

The starting point for calculating the property tax levy is the current year taxable assessed value. To this assessed value amount, a delinquency factor is applied. The City’s fiscal year 2023/24 delinquency rates for secured and unsecured property are estimated to be 2.90 percent and 1.99 percent, respectively, and the five-year average delinquency rates were 1.83 percent and 2.59 percent.

For Fiscal Year 2024/25, the City has used a 3 percent delinquency factor in calculating the property tax rate for both secured and unsecured property. The delinquency factors used in calculation of the property tax rate for the past five tax years 2019/20 to 2023/24 were 2.5 percent, 3.0 percent, 3.0 percent, 3.0 percent, and 3.0 percent respectively.
% Increase
(Decrease)
Description FY 2023/24 FY 2024/25 in Valuation
Secured Assessed
Valuation $20,809,203,975.00 $21,759,922,668.00
Less Delinquency
Factor (624,276,119.25) (652,797,680.04)
Net Collectible
Secured 20,184,927,855.00 21,107,124,987.96 4.57%
Unsecured Assessed
Valuation 667,737,444.00 694,954,568.00
Less Delinquency
Factor (20,032,123.32) (20,848,637.04)
35 Item5.

The County of San Diego has provided to the City the estimated 2024/25 Fiscal Year assessed valuations to be used for the tax rate computation. A two-year comparison of the City’s secured and unsecured assessed valuations, as adjusted by the applicable annual delinquency factor, is shown below. The net collectible assessed valuations increased by approximately 4.55 percent. This increase in net collectible assessed value will cause a decrease in the calculated property tax rate for fiscal year 2024/25.

In order to collect the required debt service, the property tax rate will be set at 0.01619 per $100 of assessed value. This represents $16.19 per $100,000 of assessed value, resulting in a decrease of $1.29 when compared to last year’s property tax rate of $17.48.

RESOLUTIONS
a. Resolution No. 2024-111
b. Resolution No. 2024-111 Exhibit “A” Certificate and Calculation of Property Tax Rate for fiscal year 2024/25
Net Collectible
Unsecured 647,705,320.68 674,105,930.96 4.08%

TOTAL ALL NET
COLLECTIBLE $20,832,633,175.68 $21,781,230,918.92 4.55% 36 Item5.

RESOLUTION NO. 2024-111

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, ESTABLISHING THE PROPERTY

TAX RATE AND FIXED CHARGE ASSESSMENTS FOR
BONDED INDEBTEDNESS FOR FISCAL YEAR 2024/25
WHEREAS, the City Council of the City of Escondido desires to establish the rate of property tax required to generate an amount of revenue from the tax base to provide sufficient moneys to pay debt service on the voter approved bonded indebtedness payable during the fiscal year ending June 30, 2024; and
WHEREAS, the total net taxable secured assessed valuation of the City of Escondido is now estimated at $21,759,922,668 full value; and
WHEREAS, the total net taxable unsecured assessed valuation of the City of Escondido is now estimated at $694,954,568 full value.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows:

1. That the above recitations are true.

2. That the property tax rate within the City for the City of Escondido General Obligation Refunding Bonds, Series 2015 (Fire, Police, and Emergency Response Measure) for the fiscal year ending June 30, 2025, be and hereby is established at $0.01619 per $100 assessed value.

3. That the City Manager and the Director of Finance are each hereby directed and authorized to take any and all actions necessary to ensure that such property tax rate is enrolled with the County of San Diego Auditor & Controller, including, but not limited to, filing the Tax Amount Rate Certificate attached hereto as Exhibit “A” and is incorporated by this reference. 37 Item5.
$61,520,000

CITY OF ESCONDIDO
San Diego County, California
General Obligation Refunding Bonds, Series 2015
(Fire, Police and Emergency Response Measure)
Resolution No. 2024-111
Exhibit "A"

Page 1 of 2 ends

I, Christina Holmes, hereby certify that I am the Finance Director of the City of Escondido (the "City"), and as such I am authorized to execute this certificate on behalf of the City.

I hereby further certify that in connection with the City's $61,520,000 General Obligation Refunding Bonds, Series 2015 (Fire, Police and Emergency Response Measure) the City Council has adopted the attached Resolution No. 2024-111 establishing the tax rate and fixed charge assessments for bonded indebtedness for 2024/25 and attached herewith is the summary for the calculation of the property tax rate for 2024/25.

IN WITNESS WHEREOF, I hereunto set my hand this 7th day of August, 2024.

CITY OF ESCONDIDO
Christina
By(J
Holmes,
�
Director of Finance
38 Item5.

Resolution No. 2024-111
Exhibit "A"

Page 2 of 2 ends

Delinquency FY 24-25
Rate at Tax Rate

3.00% Calculation
Resources Required:

Annual Debt Service Payments:

March 2025 $ 1,085,625.00
September 2025 3,750,625.00
Total Required $ 4,836,250.00
Resources Available:

Cash as of June 30, 2024 4,865,634.60
Debt Service Payment, September 2024 (3,598,500.00)
Payment of Trustee Fees (1,575.00)
Consultant Fees (1,230.00)
Remaining Cash Resources after next Debt Service Payment 1,264,329.60 FY 24-25 Property Tax Revenue Apportionment #12,
not yet recorded in G/L (estimated) 35,826.93
Total Resources Available for FY 24-25 Debt Service Payments 1,300,156.53 Net FY 24-25 Tax Revenues needed for Debt Service Requirement 3,536,093.47 Unsecured Calculation:

FY 24-25 Taxable Unsecured Assessed Valuation for the City - without Homeowners Exemptions 694,954,568.00
Delinquency Factor (20,848,637.04)
Estimated Net Collectible Unsecured Asssessed Valuation 674,105,930.96 FY 23-24 Tax Rate Per $100 of Net Assessed Value 0.017480 Total Unsecured times Tax Rate divided by $100 117,833.72 Total Remaining FY 24-25 Debt Service Coverage Requirement to be Levied against Secured Property $ 3,418,259.75
Secured Calculation:

FY 24-25 Taxable Secured Assessed Valuation for the City - without Homeowners Exemptions 21,759,922,668.00
Delinquency Factor (652,797,680.04)
Estimated Net Collectible Secured Asssessed Valuation 21,107,124,987.96 Net FY 24-25 Collectible Taxable Secured Assessed Valuation divided by $100 $211,071,249.88
FY 24-25 Tax Rate per $100 of Net Assessed Value 0.01619 City of Escondido
General Obligation Refunding Bonds, Series 2015
Calculation of Debt Service Requirements
Description
Fiscal Year 2024-25
39 Item5.

STAFF REPORT
August 07, 2024
File Number 0480-70

SUBJECT
FY23 URBAN AREA SECURITY INITATIVE (“UASI”) GRANT PROGRAM AND BUDGET NUMBER

DEPARTMENT
Fire

RECOMMENDATION
Request the City Council adopt Resolution No. 2024-104 authorizing the Escondido Fire Department to accept FY 2023 Urban Area Security Initiative (“UASI”) grant funds in the amount of $53,300; authorize the Fire Chief or his designee to execute grant documents on behalf of the City; and approve budget adjustments needed to spend grant funds.

Staff Recommendation: Approval (Fire: John Tenger, Fire Chief) Presenter: Tyler Batson, Fire Division Chief
ESSENTIAL SERVICE – Yes, Police Services; Fire/EMS Services COUNCIL PRIORITY – Improve Public Safety

FISCAL ANALYSIS
None

PREVIOUS ACTION
On May 17, 2023, the City Council authorized the Fire Department to accept $36,110 in funds from the FY2022 UASI Grant.

BACKGROUND
The UASI grant funds are shared between the Fire Department and the Police Department. The City received a FY 2023 UASI Grant in the amount of $53,300. UASI funds support regional efforts to prevent, mitigate, respond to, and recover from acts of terrorism or disaster. The Urban Area Working Group (“UAWG”) vetted and approved Escondido’s proposed UASI projects.

The FY 23 UASI grant will cover tuition and registration expenses for Escondido firefighters and police officers to attend training courses and conferences focused on awareness and response to chemical, 40 Item6.
biological, radiological, nuclear, and energetic materials (“CBRNE”), weapons of mass destruction (“WMD”), and other hazardous materials emergencies.

RESOLUTIONS
a. Resolution No. 2024-104

ATTACHMENTS
a. Attachment “1”- Budget Adjustment
41 Item6.

RESOLUTION NO. 2024-104

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR
TO EXECUTE, ON BEHALF OF THE CITY, THE FY 2023

URBAN AREA SECURITY INITIATIVE GRANT IN THE
AMOUNT OF $53,300; EXECUTE ALL NECESSARY GRANT
DOCUMENTS; AND AUTHORIZE THE NECESSARY

BUDGET ADJUSTMENT
WHEREAS, the City of Escondido desires to train Police and Fire Department staff for emergency preparedness; and
WHEREAS, Escondido Police and Fire Departments have designated the FY 2023 Urban Area Security Initiative Grant to address this goal; and
WHEREAS, the FY 2023 Urban Area Security Initiative Grant has designated $53,300 to be awarded to the City of Escondido for this purpose.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows:

1. That the above recitations are true.

2. That the City Council authorizes the Fire Chief of the City of Escondido to accept the FY 2023 Urban Area Security Initiative Grant in the amount of $53,300 and execute all documents necessary for the management and completion of the grant scope, including any extensions and amendments thereof. 42 Item6.

BUDGET ADJUSTMENT

REQUEST
Department: Fire
For Finance Use Only
BA # ____________
Fiscal Year ________
Department Contact: Laura Costello
City Council Meeting Date:
(attach staff report) August 7, 2024

EXPLANATION OF REQUEST
A budget adjustment is needed to spend FY23 Urban Area Security Initiative (UASI) funds.

BUDGET ADJUSTMENT INFORMATION
Project/Account Description Account Number
Amount of
Increase
Amount of
Decrease
Federal Grant 4128-451-UASI23 53,300
FY 2023 Urban Area Security
Initiative 451-UASI23 53.300

APPROVALS

DEPARTMENT HEAD DATE FINANCE DATE
Docusign Envelope ID: 30DE8927-A461-4019-A9C5-E1BC8E77AD28 7/27/2024 7/26/2024
Attachment "1"
43 Item6.

STAFF REPORT
August 7, 2024
File Number 0600-10; A-3523

SUBJECT
PUBLIC SERVICES AGREEMENT WITH WEST COAST ARBORISTS INC. FOR LANDSCAPE MAINTENANCE

TREE SERVICES FOR THE CITY OF ESCONDIDO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICTS (LMD)

DEPARTMENT
Development Services, Engineering

RECOMMENDATION
It is requested that the City Council adopt Resolution No. 2024-99 awarding the Public Services Agreement (Exhibit “A”) to West Coast Arborists, Inc., for Landscape Maintenance Tree Services for the City of Escondido and authorizing the Mayor to execute the agreement in the amount of $1,400,000 over a four-year period.

FISCAL ANALYSIS
This contract will be utilized on an as needed basis. Landscape Maintenance District (“LMD”) zones will pay for tree work done in their district area. Other Departments will use the contract and pay for the work with their own funds.

PREVIOUS ACTION
None
44 Item7.

BACKGROUND
The LMD was established as a means to fund the ongoing maintenance of certain landscape improvements associated with the development of specific properties within the City of Escondido. These landscape improvements have special benefit to those specific properties.

Tree work is necessary for the ongoing care of the LMD’s. Tree trimming and removal is required to keep areas safe and looking attractive. There are many different departments that utilize tree contracting services. These departments include Lakes and Open Spaces, Water, Wastewater, Parks, Engineering, and Streets. This contract will be a city-wide asset that will allow all departments to authorize work stemming from one contract rather than individual "one-offs". Each department's budget for tree work varies, but the total yearly amount is sufficient to support each department's needs.

Competitive bidding for the services to be provided under this agreement was performed by the City of Norco and approved by the City of Norco’s Council at the June 21, 2023, meeting with the intention that any other public agency shall have the option to participate in any award as a result of the bid solicitation at the same price. A copy of the City of Norco’s Staff Report and Contractor’s Proposal dated April 26, 2023, are attached hereto as Exhibit 3 of Exhibit “A” to Resolution No. 2024-99.

Escondido’s Urban Forest
In 2020, the City inventoried 53,464 trees, with a total estimated value of over $321 million. We have identified nearly 340 different types of trees. In comparison with other cities in the region, Escondido has the highest number of trees per square mile. Trees not only provide aesthetic value, but also provide shade and are an important factor in controlling temperatures within an urban environment.

RESOLUTIONS
a. Resolution No. 2024-99
b. Resolution No. 2024-99 – Exhibit “A” Public Service Agreement

ATTACHMENTS
a. Attachment “1” – City of Escondido Business License Certificate for West Coast Arborists b. Attachment “2” – Certificate of Liability
45 Item7.

RESOLUTION NO. 2024-99

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR TO

EXECUTE, ON BEHALF OF THE CITY, A PUBLIC SERVICES
AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR

LANDSCAPE MAINTENANCE TREE SERVICES
WHEREAS, the City requires tree trimming and tree maintenance services to perform scheduled and emergency work related to the City’s Landscape Maintenance Districts and throughout the City and it does not have sufficient in-house labor to perform all work required; and WHEREAS, the competitive bidding for the services to be provided under this agreement was performed by the City of Norco and approved by the City of Norco’s Council at the June 21, 2023, meeting with the intention that any other public agency shall have the option to participate in any award as a result of the bid solicitation at the same price. A copy of the City of Norco’s Staff Report and Contractor’s Proposal dated April 26, 2023, are attached hereto as Exhibit 3 of Exhibit “A” of this Resolution; and WHEREAS, the West Coast Arborists, Inc. (“Contractor”) is experienced in providing the services required by the City and as provided for under this agreement to public clients, and the Contractor’s employees or subcontractors have all necessary licenses and permits to perform the services in the State of California; and
WHEREAS, this City Council deems it to be in the best public interest to authorize the Mayor to execute a public services agreement with Contractor in the amount of $1,400,000 over a four-year period.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows:

1. That the above recitations are true.

2. That the Mayor is authorized to execute, on behalf of the City, a Public Services 46 Item7.

Agreement with West Coast Arborists, Inc., in the amount of $1,400,000, in a substantially similar form to that which is attached and incorporated to this Resolution as Exhibit “A,” and subject to final approval as to form by the City Attorney.
47 Item7.

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CITY OF ESCONDIDO

PUBLIC SERVICES AGREEMENT
This Public Services Agreement (“Agreement”) is made and entered into as of the last signature date set forth below (“Effective Date”),
Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Jen Conway
760-839-4082
("CITY")
And: WEST COAST ARBORISTS, INC.
a California corporation
2200 E. Via Burton Street
Anaheim, CA 92806
Attn: Patrick Mahoney
714-991-1900
("CONTRACTOR").
(The CITY and CONTRACTOR each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties desire to enter into this Agreement for the performance of the Services described herein.

NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, and the mutual benefits derived therefrom, the Parties hereby agree as follows:

1. Description of Services. CONTRACTOR shall furnish all of the Services described in the Scope of Work, which is attached to this Agreement as Attachment “A” and incorporated herein by this reference (“Services”).

2. Compensation. In exchange for CONTRACTOR’s completion of the Services, the CITY shall pay, and CONTRACTOR shall accept in full, an amount not to exceed an annual sum of $350,000, and a four-year total of $1,400,000. CONTRACTOR shall be compensated only for performance of the Services described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent.

3. Performance. CONTRACTOR shall faithfully perform the Services in a proficient manner, to the satisfaction of the CITY, and in accord with the terms of this Agreement. CONTRACTOR shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of 48 Item7.

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all reports and other information furnished by CONTRACTOR pursuant to this Agreement, except that CONTRACTOR shall not be responsible for the accuracy of information supplied by the CITY.

4. Termination. The Parties may mutually terminate this Agreement through a writing signed by both Parties. The CITY may terminate this Agreement for any reason upon providing CONTRACTOR with 10 days’ advance written notice. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination. If the CITY terminates this Agreement due to no fault or failure of performance by CONTRACTOR, then CONTRACTOR shall be compensated based on the work satisfactorily performed at the time of such termination. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the Services.

5. City Property. All original documents, drawings, electronic media, and other materials prepared by CONTRACTOR pursuant to this Agreement immediately become the exclusive property of the CITY, and shall not be used by CONTRACTOR for any other purpose without the CITY’s prior written consent.

6. Insurance Requirements.
a. CONTRACTOR shall procure and maintain, at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services, and the results of such work, by CONTRACTOR, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:
(1) Commercial General Liability. Insurance Services Office (“ISO”) Form CG 00 01 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence and $4,000,000 general aggregate. (2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONTRACTOR has no owned autos, hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the CITY and approved in writing by the CITY’s Risk and Safety Division. (3) Workers’ Compensation. Worker's Compensation as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
(4) If CONTRACTOR maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR. b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:
(1) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-: FSC VII, or as approved by the CITY.
(2) Additional Insured Status. Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01.
49 Item7.

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(3) Primary Coverage. CONTRACTOR’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONTRACTOR’s insurance and shall not contribute with it. (4) Notice of Cancellation. Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY. (5) Subcontractors. If applicable, CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated in this Agreement, and CONTRACTOR shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.
(6) Waiver of Subrogation. CONTRACTOR hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its agents, representatives, employees and subcontractors.
(7) Self-Insurance. CONTRACTOR may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of selfinsurance. CONTRACTOR shall only be permitted to utilize such self-insurance if, in the opinion of the CITY, CONTRACTOR’s (i) net worth and (ii) reserves for payment of claims of liability against CONTRACTOR are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONTRACTOR’s utilization of selfinsurance shall not in any way limit the liabilities assumed by CONTRACTOR pursuant to this Agreement.
(8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
c. Verification of Coverage. At the time CONTRACTOR executes this Agreement, CONTRACTOR shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time. d. Special Risks or Circumstances. The CITY reserves the right, at any point during the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. e. No Limitation of Obligations. The insurance requirements in this Agreement, including the types and limits of insurance coverage CONTRACTOR must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including but not limited to any provisions in this Agreement concerning indemnification. f. Failure to comply with any of the insurance requirements in this Agreement, including but not limited to a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement. In the event that CONTRACTOR fails to comply with any such insurance requirements in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONTRACTOR to stop work under this Agreement and/or withhold any payment that becomes 50 Item7.

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due to CONTRACTOR until CONTRACTOR demonstrates compliance with the insurance requirements in this Agreement.

7. Indemnification, Duty to Defend, and Hold Harmless.
a. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with CONTRACTOR’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except where caused by the sole negligence or willful misconduct of the CITY. b. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall defend, indemnify, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No.

R9-2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any work performed pursuant to this Agreement. c. All terms and provisions within this Section 7 shall survive the termination of this Agreement.

8. Anti-Assignment Clause. Because the CITY has relied on the particular skills of CONTRACTOR in entering into this Agreement, CONTRACTOR shall not assign, delegate, subcontract, or otherwise transfer any duty or right under this Agreement, including as to any portion of the Services, without the CITY’s prior written consent. Any purported assignment, delegation, subcontract, or other transfer made without the CITY’s consent shall be void and ineffective. Unless CONTRACTOR assigns this entire Agreement, including all rights and duties herein, to a third party with the CITY’s prior written consent, CONTRACTOR shall be the sole payee under this Agreement. Any and all payments made pursuant to the terms of this Agreement are otherwise not assignable.

9. Attorney's Fees and Costs. In any action to enforce the terms and conditions of this Agreement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs.

10. Independent Contractor. CONTRACTOR is an independent contractor, and no agency or employment relationship is created by the execution of this Agreement.

11. Amendment. This Agreement shall not be amended except in a writing signed by the CITY and CONTRACTOR.

12. Merger Clause. This Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and understanding of the CITY and CONTRACTOR concerning the subject of this Agreement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. In the event of any conflict between the provisions of this Agreement and any of its attachments or related documents, if any, the provisions of this Agreement shall prevail.

13. Anti-Waiver Clause. None of the provisions of this Agreement shall be waived by the CITY because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived by the CITY, in whole or in part. 51 Item7.

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14. Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.

15. Governing Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Venue for any action arising from this Agreement shall be conducted only in the state or federal courts of San Diego County, California.

16. Counterparts. This Agreement may be executed on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Agreement by electronic means, including an attachment to an email, shall be effective as delivery of an executed original. The Agreement on file with the City is the copy of the Agreement that shall take precedence if any differences exist between or among copies or counterparts of the Agreement.

17. Provisions Cumulative. The foregoing provisions are cumulative to, in addition to, and not in limitation of any other rights or remedies available to the CITY.

18. Notice. Any statements, communications, or notices to be provided pursuant to this Agreement shall be sent to the attention of the persons indicated herein, and the CITY and CONTRACTOR shall promptly provide the other Party with notice of any changes to such contact information.

19. Business License. CONTRACTOR shall obtain a City of Escondido Business License prior to execution of this Agreement and shall maintain such Business License throughout the term of this Agreement.

20. Compliance with Laws, Permits, and Licenses. CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements in effect during the term of this Agreement. CONTRACTOR shall obtain any and all permits, licenses, and other authorizations necessary to perform the Services. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

21. Prevailing Wages. If applicable, pursuant to California Labor Code section 1770 et seq., CONTRACTOR agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages. The prevailing rate and scale to be paid shall be the same as the applicable “General Prevailing Wage Determination” approved by the Department of Industrial Relations as of the Effective Date of this Agreement, which are available online at http://www.dir.ca.gov/oprl/dprewagedetermination.htm and incorporated into this Agreement by this reference. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

22. Department of Industrial Relations Compliance. This public project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. CONTRACTOR shall post all job site notices required by regulation. CONTRACTOR, as well as any subcontractors, shall be registered pursuant to California Labor Code section 1725.5 to be qualified to bid on, be listed in a bid proposal (subject to the requirements of Public Contract Code section 4104), or engage in the performance of any public works contract subject to the requirements of Division 2, Part 7, Chapter 1 of the California Labor Code. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.
52 Item7.

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23. Immigration Reform and Control Act of 1986. CONTRACTOR shall keep itself informed of and shall comply with the Immigration Reform and Control Act of 1986 (“IRCA”). CONTRACTOR represents and warrants that all of its employees and the employees of any subcontractor retained by CONTRACTOR who perform any of the Services under this Agreement, are and will be authorized to perform the Services in full compliance with the IRCA. CONTRACTOR affirms that as a licensed contractor and employer in the State of California, all new employees must produce proof of eligibility to work in the United States within the first three days of employment and that only employees legally eligible to work in the United States will perform the Services. CONTRACTOR agrees to comply with the IRCA before commencing any Services, and continuously throughout the performance of the Services and the term of this Agreement.

24. Effective Date. Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below.

IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO
Date: __________________ ___________________________________ Dane White, Mayor
WEST COAST ARBORISTS, INC.

Date: __________________ ___________________________________ Signature
___________________________________
Name & Title (please print)
APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, CITY ATTORNEY
BY: __________________________
DATE: __________________
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES. 53 Item7.

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ATTACHMENT “A”
Scope of Work
A. General
West Coast Arborists, Inc., a California corporation (“Contractor”) will provide the City of Escondido, a California municipal corporation (“City”) with tree trimming and maintenance services.

B. Location
Contractor will provide services at the City’s Landscape Maintenance Districts.

C. Services
Services shall be as detailed in Exhibit 1 to this Scope of Work, which is attached hereto and incorporated by this reference. In the event of a conflict between this Agreement (including this Scope of Work) and Exhibit 1, the terms of this Agreement shall prevail. Services shall include:

Contractor shall provide tree trimming and maintenance as follows:

1. 0”-18” Diameter Standard Height Full Pruning;

2. 19”-30” Diameter Standard Height Full Pruning;

3. 31”+ Diameter Standard Height Full Pruning;

4. 0”-36”+ Diameter Standard Height Crown Raise;

5. 0”-18” Diameter Standard Height Crown Cleaning;

6. 19”-30” Diameter Standard Height Crown Cleaning;

7. 31”+ Diameter Standard Height Crown Cleaning;

8. 0”-18” Diameter Standard Height Crown Reduction;

9. 19”-30” Diameter Standard Height Crown Reduction;

10. 31”-36” Diameter Standard Height Crown Reduction;

11. 36”+ Diameter Standard Height Crown Reduction;

12. 0”-12” Diameter Standard Height Tree and Stump Removal;

13. 13”-18” Diameter Standard Height Tree and Stump Removal;

14. 19”-24” Diameter Standard Height Tree and Stump Removal;

15. 25”-30” Diameter Standard Height Tree and Stump Removal;

16. 31”-36” Diameter Standard Height Tree and Stump Removal;

17. 36”+ Diameter Standard Height Tree and Stump Removal;

18. 0”-12” Diameter Standard Height Tree Removal;

19. 13”-18” Diameter Standard Height Tree Removal;

20. 19”-24” Diameter Standard Height Tree Removal;

21. 25”-30” Diameter Standard Height Tree Removal;

22. 31”-36” Diameter Standard Height Tree Removal;

23. 36”+ Diameter Standard Height Tree Removal;

24. Stump Removal ;

25. Tree Planting and Staking 15 Gallon;

26. Tree Planting and Staking 24” Box;

27. Tree Planting and Staking 36” Box;

28. Hourly Rate for 1 Ground-Person;

29. Hourly Rate for 1 Equipment Operator;

30. Hourly Rate for 1 Trimmer;

31. Day Rate Service Crew;

32. Specialty Equipment Day Rate;

33. Emergency Services During normal business hours;

34. Emergency Services After hours, weekends and/or holidays; 54 Item7.

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35. Arborist Reports; and

36. Level 1, 2, and 3 Risk Assessments.

D. Scheduling
Public Works or Landscape Maintenance District Representative will request services listed on the Exhibit 2, which is attached hereto and incorporated by this reference. Contractor to verify specific dates of work in advance by contacting either Jen Conway at 760-839-4082 or [email protected] or Nick Gilliand at 760-839-4885 or [email protected].

Work shall be performed in-between the hours of 7 a.m. and 4 p.m., Monday through Friday.

Further instructions will be provided upon scheduling.

E. Contract Price and Payment Terms
The contract price shall not exceed $1,400,000. The contract price includes all labor, materials, equipment, and transportation required to perform the work. Services will be billed as services are performed. Payment will be made after services have been performed and within 30 days of receipt of an invoice for those services.

The service rates as described in Exhibit 2 shall remain in effect throughout the term of this Agreement.

F. Term
The term of this Agreement shall be from the Effective Date of the Agreement through June 30, 2028.

G. Other
Competitive bidding for the services to be provided under this Agreement was performed by the City of Norco and approved by the City of Norco’s Council at the June 21, 2023, meeting with the intention that any other public agency shall have the option to participate in any award as a result of the bid solicitation at the same price. A copy of the City of Norco’s Staff Report and Contractor’s Proposal dated April 26, 2023 are attached hereto as Exhibit 3 and incorporated herein by this reference. In the event of a conflict between this Agreement (including this Scope of Work) and Exhibit 3, the terms of this Agreement shall prevail. Pursuant to this Agreement, the City desires for Contractor to provide the services at the rates set forth in Exhibit 3.

Contractor represents that it is experienced in providing the services under this Agreement to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of the City.
55 Item7.

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EXHIBIT 1
General Service Requirements
Tree maintenance may consist of pruning, removals, stump grinding, planting, staking, pest control, fertilizing, watering, emergency response, arborist services, and inventory.

The Contractor shall provide all equipment, labor, and materials necessary for performing tree maintenance according to the specifications in this Agreement. The equipment shall be clean and wellmaintained, of the latest and most efficient design. Maintenance personnel shall be uniformed professional and well trained.

Selective pruning shall be employed always based solely on the standards prescribed by the International Society of Arboriculture and according to the ANSI A300 pruning standards.

Contractor shall provide a level of tree maintenance to the areas such that each will present a safe, pleasing, and desirable appearance always within the limitations of the contracted service requirements.

The Contractor agrees to maintain all the designated areas covered by this Agreement at such levels.

The City Engineer, or their designated representative, shall be the sole judge as to the adequacy and quality of the tree maintenance.

The work shall be done in accordance with "The 'Green Book' Standard Specifications for Public Works Construction" 2018 edition including subsequent amendments, supplements and/or additions. Copies are available from the publisher, Building News, Incorporated, 1612 S. Clementine St., Anaheim, California, 92802.

Where the City Engineer is mentioned in these provisions, it shall be noted that their designated representative may act on his behalf regarding administration of this Agreement.

The term "tree" is used about both woody trees and palms in the language of this Agreement, unless otherwise specified.

Complete pruning includes: raising the canopy height for building and right of way clearance, eliminating deadwood, crossing branches, and other safety concerns; shaping and thinning for the health for the health of the tree and for aesthetics.

The number of trees indicated are estimates based on the City's tree inventory system. The exact number of trees to be pruned at any one time will be determined when specific addresses and locations are provided.

Contractor shall provide all labor and equipment necessary to perform pruning operationsas described in this Agreement.

All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree, following procedures of current industry standards, or as instructed by the City. All major pest problems shall be reported to the City within 24 hours from the initial identification via email.

Supervision and Staff
The Contractor shall assign a supervisor to be on site each working day, working regular working hours, for the duration of this Agreement. The Contractor and its staff shall have skills, expertise, and experience in arboriculture; including pest control, soils, fertilizers and plant identification. The 56 Item7.

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supervisor must be fluent in the English language. The supervisor shall be thoroughly knowledgeable of the provisions and requirements of this Agreement.

Crew Rental
A standard crew consists of three workers, one chipper truck, one chipper, and all necessary hand tools. The type of equipment and the size of the crew can be adjusted for special projects. “Special projects” will be defined as tree care services requiring special equipment (i.e., 95-foot aerial tower and/or crane), or if the work site is inaccessible by standard equipment. Equipment type, and crew labor hours are to be specified, and submitted to the City for approval prior to commencement of work.

Work Lists

1. Service requests for Landscape Maintenance Districts – Department Representative will identify pruning locations, and tree removals on an as needed basis, grouping items when possible. Work orders will be based on unit costs for individual tree pruning, and tree removals as specified in Exhibit 2. Crew rental rates, and lump sum quotes, will only apply to special circumstances beyond regular pruning and tree removals when special equipment is needed or if the work site is inaccessible by standard equipment. Equipment and crew man hours used will be listed on the proposal for City approval prior to commencement of work, and on the invoice.

2. Grid Pruning - The Public Services Department Representative will identify pruning locations by highlighting the corresponding streets on the map, which will be provided to the Contractor, along with a specific pruning assignment such as full trim, clean, raise, or palm trimming. The Contractor shall document all work onto a City Contractor Work List; and record the location, species, size, work type, quantity, unit costs and lump sum amounts for each treetrimmed. The price paid for grid pruning shall be as specified in Exhibit 2.

3. Removals and Plantings - The Public Services Department Representative will provide a work list consisting of location, tree species, size, work type, quantity, and unit costs.

4. Inspection - The Contractor shall notify the Public Services Department Representative upon completion of each work list and shall not process any work list for invoicing until all sites on the list have been inspected by the Public Services Department Representative. Also, daily, or as required, the Contractor or its supervisor may walk the project with the Public Services Department Representative for determining compliance with the specifications or to discuss required work.

Any tree(s), which in the opinion of the Public Services Department Representative have not been pruned, removed or planted according to the conditions of the specifications set forth herein shall be brought to the attention of the Contractor and, if not corrected, payment to the Contractor will not be made until the condition is corrected.

5. Service Requests and Location Lists - The Contractor could be given additional service requests and location lists each day, in addition to the weekly or grid schedule list. This work will be considered as normal work and not subject to emergency work cost or crew rental Tree Inventory and Work Sheets
All trees that are in the tract, in which the Contractor is working, shall be recorded onto a City Tree Inventory List. The Tree Inventory along with the list of trees pruned/removed shall be given to the 57 Item7.

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Public Services Department Representative monthly. Each field on the inventory sheet should be filled in as follows:

1. Right of Way- This is the public right of way (and/or tree maintenance easement)as recorded in the development plans. The measurement will be the width of theparkway, or in areas in which there is no parkway, the designated footage beginning from the curb face.

2. Address - Consists of the house number and complete street name. If the tree is on the side of a comer house, the name of the intersecting street shall be included.

3. Species - Including hybrids, varieties and cultivars.

4. Diameter at Breast Height (DBH) - The measurement of the trunk diameter at feet fromthe base, as described in section 7.12(f) of the RFP. Multi-trunk treesshall be recorded by using the DBH of the largest trunk followed by the letter M and the total amount of the trunks.

Emergency Response Work Schedule
Emergency response work may be required to mitigate safety hazards outside of normal working hours.

1. Emergency response work will not be performed without prior approval by the Public Services Department Representative unless a condition exists wherein it appears there is a danger of injury to persons or property.

2. Payment of emergency response work shall be in accordance with the hourly rates and unit prices in the Emergency Response Work Schedule.

3. The City reserves the right to cause any emergency response work deemed necessary by the Public Services Department Representative to be performed by the City crews, other Contractors, or day labor, at no cost to the Contractor.

4. Emergency response work is work performed after normal working hours or anytime during a 24-hour period that the Public Services Department Representative deems an emergency. Emergency response work does notinclude service requests and location lists assigned during normal working hours (7 a.m. to 4 p.m. Monday through Friday, not including Holidays)

5. Emergency Response and Crew Rental rates begin when the crew arrives on site and begins work, and end at the completion of the work requested by the City. Portal to Portal pay is not allowed.

Safety Measures

1. The Contractor shall obey and adhere to Cal OSHA requirements for worker safety, and ANSI 2133.1 Safety Requirements.

2. Any person working in proximity to electrical conductors shall be properly trained in electrical hazard recognition and avoidance, and possess the appropriate qualifications required by the State of California.

3. Any dead tree, tree with excessive decay, or tree with a substantial defect such as a split, crack, or unstable root system, shall be reported immediately to the Public Services Department Representative.
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4. The Contractor shall postpone any tree maintenance activity wherein a vehicle is in proximity and such activity has the likelihood of causing damage to vehicle. In such instances, it is the responsibility of the Contractor to immediately notify the vehicle owner and request to have the vehicle moved to a safe location. Any abandoned vehicle shall be reported to the Escondido Police Dept.

Preservation of Property
The Contractor shall carefully protect fromdamage all trees, shrubs, groundcovers, turf irrigation, water service, fences, sidewalk, buildings, automobiles, street lights, street signs, or any other facilities located on or adjacent to the job site.

Should any direct or indirect damage or injury result to any public or privateproperty by or because of any act, omission, neglect or misconduct in the execution of work, on the part of the Contractor or the Contractor's employees, such property shall be restored by the Contractor, to a conditionequivalent to that existing before damage occurred.

The Contractor shall be responsible for the complete removal and replacement of trees lost due to the Contractor's faulty maintenance or negligence, as determined by the Public Services Department Representative. Replacement shall be made by the Contractor in the kind and size of trees as determined by the Public Services Department Representative. Where there is a difference in value between the trees lostand the replacement of trees, this difference will be deducted from the contract payment. In all cases, the value of the trees lost will be determined by the Public Services Department Representative, using the latest Councilof Tree and Landscape Appraisers - Guide for Plant Appraisal.

Preservation of Wildlife
Reasonable efforts shall be taken to protect and preserve the nests, or nesting cavities, of beneficial birds and other beneficial animals, unless in-so doing would create a hazardous condition.

Quality of Work
The Contractor shall be committed to retaining the value of all trees in its care, and at notime under this Agreement shall the Contractor decrease the value of any tree without written authorization from the Public Services Department Representative.

The Contractor shall be skilled in arboriculture and have the expertise necessary to perform all duties to the highest standard, as required in this Agreement.

The Public Services Department Representative shall be the sole judge as to the adequacy and quality of maintenance.

Disease Control
Any monocot or dicot species that is known to transmit an infectious disease prevalent inthe landscape shall be pruned with handsaws, pole saws or reciprocating saws only. Prior to pruning, all saw blades must be sterilized by a ten-minute immersion in a bucket of water containing 25% chlorine bleach. A fresh solution shall be mixed daily. Each tree shall be pruned utilizing a blade that has been sterilized in this fashion, thereby preventing tree-to-tree disease transmission via the saw blade. After a tree has been pruned, the saw blade shall not be utilized again until it has been sterilized by the 10-minute immersion method described above.
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Pruning – General Requirements

1. Pruning shall be in strict accordance with all standards and methods as prescribed by the International Society of Arboriculture.

2. The Contractor shall prune to retain the natural structure of each tree species, unless otherwise directed by the Public Services Department Representative, and have the knowledge and ability to determine each tree species response to pruning. Pruning patterns shall be consistent so that visual continuity is maintained, and the value of all City trees pruned is increased.

3. The use of chain saws shall be restricted to those cuts that cannot be made with hydraulic, pneumatic, or manually operated lopping shears. All blades, chains and other cutting devices shall be kept sharpened, to make a clean final cut, with the bark intact and free from stripping or shredding. Wound dressings are not permitted.

4. Pruning cuts shall be made carefully and at the proper location; this will be back to the parent branch or trunk, just to the outside of the branch collar and branch bark ridge.

5. Branch cuts shall be kept as small as possible to prevent excessive decay. No live branch greater than eight inches in diameter (measured at the base of the branch) shall be removed without authorization from the Public Services Department Representative, unless said branch is weakly attached or has other significant defect.

6. Limbs, measuring two inches or greater in diameter, shall be removed using the three-cut method.

7. When pruning mature trees, no more than 25% of the leaf- bearing canopy should be removed.

Live Oaks are limited to ten 10%.

8. When reducing the length of a limb back to a lateral branch, the lateral should be at least one-third the diameter of the portion removed.

9. Young trees shall be pruned primarily to improve structure.

10. Private trees encroaching upon a City sidewalk or street, and are not providing proper height clearance requirements, shall be raised on the street-side only to mitigate nuisance or hazard.

The cost shall be adjusted to one half that for complete raise.

11. The use of climbing spurs, gaffs, or any other climbing devise that causes puncture wounds is prohibited, except for aerial rescue efforts, or during removals.

12. The Contractor shall not prune any tree(s), which have been pruned by a resident or homeowner and have been trained, cut, or sheared in such a way to form a hedge, espalier, or picturesque shape, and have not been trained in the normal landscape shade tree standard of pruning. Such trees shall not be recorded on the work list. These trees are to be noted, and the Contractor shall inform the Public Services Department Representative of them by address.

13. Any inappropriate piece of metal, wire, rubber, wood, or other material that is damaging the growing tissue of a tree or predisposes the tree to irreparable damage in the future, shall be removed. If it is determined that the material cannot be removed without further damage to the growing tissue of the tree, it shall not be removed, but necessary actions shall be taken to reduce the impact of this material to the tree by cutting out as much of the exposed surface of it as possible.
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14. Vines that are entwined on the trunk or throughout the limb structure shall be removed with caution, avoiding injury to tree.

Pruning – Work Type Descriptions
a) Landscape Maintenance Districts Pruning - Service requests for tree pruning within the Landscape Maintenance Districts shall be paid by referencing the unit pricing listed for items 3- 10 Exhibit 2. If pruning work is deemed to have special circumstances, which would require the addition of Exhibit 2 items 21, and/or 22, then the number of hours for crew rental, and equipment type will be itemized on the proposal and invoice. b) Grid Pruning - Grid pruning means routine tree pruning per pre-designated districts/grids on a scheduled cycle or any grouping of seven(7) ormore trees near one another, within an approximate 200-yard radius, and shall be paid as grid pruning even when off the regularly scheduled district/grid plan. The price paid for grid pruning shall be as specified in Exhibit 2. c) Full Pruning - The objective is to improve tree structure, reduce wind sail effect, allow for improved light penetration, provide proper clearances, and to remove dead or other undesirable limbs.
d) Crown Raise - In areas where raises are specified, no other type of pruning shallbe done. A crown raise is removal of lower branches only, to provide proper height clearance. Fourteen and one-half (14.5) feet clearance is required over streets, where applicable. Nine (9)feet clearance is required over parkways and sidewalks. Eleven (11) feet clearance is required over equestrian trails. To avoid destroying the natural structure of small trees, they shall not be raised to the aforementioned specifications. Instead, such trees shall be pruned to reduce the length of the obstructing limbs. e) Crown Cleaning - In areas where cleaning is specified, no other type of pruning shall be done.

Crown cleaning is the removal of dead, dying, diseased, broken andweakly attached branches.

Crown cleaning shall also include crown raise, when needed to provide proper clearance. f) Crown Reduction - In areas where height issues are specified, no other type of pruning shall be done. Crown reduction is used to reduce the height and/or spreadof a tree. Thinning cuts are most effective in maintaining the structural integrity andnatural form of a tree and in delaying the time when it will need to be pruned again. The lateral to which a branch or trunk is cut should be at least one-half the diameterof the cut to be made.
g) Palm Pruning - Palm fronds are to be removed so that a 90-degree angle is achieved. The angle shall be measured from the horizontal axis of the growing point base. All dead fronds, flower stalks and fruit stalks shall be removed and cut as close totheir base as possible without damaging adjacent fronds or trunk tissue. Loose petioles from previous pruning operations shall be removed carefully.

When pruning palms in the Phoenix genus it is imperative to sterilize all pruning equipment (as described in section 7.25 to avoid possible tree-to-tree transmission of the disease Fusarium oxysporum.

Selective Pruning
Selective pruning shall be implemented; any or all pruning techniques shall be applied depending on the requirements of each tree. These include, structural pruning, crown cleaning, crown thinning, crown reduction, crown raise and crown restoration. When performing any of the four pruning work types, it is imperative to employ selective pruning to prevent over pruning. If any tree in an assigned 61 Item7.

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area requires a lesser amount of pruning than what has been assigned, only that which is necessary will be performed.

Tree Removals
a) All tree removal operations shall be in strict accordance with the methods prescribed by the International Society of Arboriculture.
b) Landscape Maintenance District Tree Removals – Service requests for tree removals within the Landscape Maintenance Districts shall be paid by referencing the unit pricing listed for items 11,12 Exhibit 2. If tree removal work is deemed to have special circumstances which would require the addition of Exhibit 2 items 21, and/or 22, then the number of hours for crew rental, and equipment type will be itemized on the proposal and invoice.
c) Trees designated for removal by the Landscape Maintenance Districts and Public Services Department Representative will be marked with a DOT, using white paint, on the trunk, just above the root collar of the tree. If for any reason there is doubt regarding the trees(s) to be removed, the Public Services Department Representative will be contacted before work commences. d) Felling is permitted providing it can be safely achieved without endangering surrounding property and will not interfere with vehicular traffic. A tag line(s) shall be used to direct fall always. All bystanders shall be kept at a safe distance from the work site. e) Trees too large to fell shall be removed in sections. Each section shall be cut intoa size that can be handled easily and safely by one tree worker. If section is too heavy for one worker, it shall be rigged and lowered to the ground. The means of lowering shall be acceptable to the Public Services Department Representative.
f) Stump grinding shall be incorporated with the removal of the tree and performed on the same day.

The underground service alert regional notification center (Dig Alert) must be called prior to the start of the removal list, to allow enough time for each site to be marked before work begins. g) The depth of stump grind shall be no less than eighteen (18) inches below lowest surface grade.

The grind shall comprise the entire stump below soil surface and any uplifted portion of the soil caused by the root flare. Exposed roots, whether in the public right of way or private property, shall be traced and ground or chopped out to a depth of no less than eight (8) inches below the lowest surface grade. If irrigation is damaged it shall be repaired immediately. The site shall be backfilled with a mix of 60% soil and 40% of the remaining wood chips; then firmly tamped down to allow for as little settling as possible. All excess wood chips and soil shallbe hauled away. When complete, the work site shall be level and at the original soil grade of the surrounding area.

Tree Planting and Staking
a) Trees purchased by the Contractor shall comply with the specifications set forth inthe Standards for Purchasing Container-Grown Landscape Trees.
b) All trees shall be planted according to the Standards prescribed by the International Society of Arboriculture. The standard plan for tree planting, as per Standard Plans for Public Works Construction (SPPWC), Std. Plan No 518-3, Sheet 2, shall be followed. c) The Contractor shall follow the requirements in section 7.11, UNDERGROUND ALERT of this Agreement before the excavation of any tree-planting site. 62 Item7.

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d) Prior to planting, the natural root flare must be identified. Any soil that may be covering the root flare must be removed. The planting hole shall be dug to a size of two times the width of the root ball, leaving the bottom firm, to prevent the tree from settling. The container shall be removed carefully to prevent root or stem damage; the tree shall not be pulled by the stem. If the container does not come off easily, it shall be cut on one or more sides, from top to bottom, to allow its removal. Circling roots shall be separated and spread outward. Densely matted roots that cannot be teased apart shall be cut cleanly in two places.
e) The tree shall be lifted by the root ball only and carefully placed in the planting hole. The root ball shall be oriented so that the tree stands vertical, with the top ofthe root ball approximately one to two inches higher than the soil grade. Backfill shall be native soil only with no rocks greater than three inches diameter. Soil shall not be placed on top of the root ball. Displace air pockets in the backfill by moderately tamping with shovel handle and watering in. Check for settling and add backfill if necessary. To avoid compaction of the soil, do not tamp the backfill with excessive pressure or use broad, heavy objects.
f) Any tree that can stand upright without support and would be able to withstand prevailing winds along with yearly Santa Ana wind occurrences shall not be staked. g) If upon determining a tree cannot support itself, two stakes of good quality treated lodge pole pine not exceeding eight feet in length and no more than two and one-half inches in diameter, shall be used. The stakes shall be placed in a northwest/ southeast configuration to give maximum support during heavy wind conditions and placed outside the root ball, avoiding any damage to roots.

Stakes shall be pounded down until sufficiently stable. The top of the stakes interfering with branch structure shall be cut off below the lowest branch where the tree's growth habit permits. h) Trees shall be tied to stakes using rubber cinch ties, thirty-two inches in length, attached by a method of a figure eight loop between the tree trunk and each stake.Ties shall be attached to stakes with galvanized nails driven into the stakes. A minimum of two ties shall be used, placed high enough on the trunk to support thecrown. Additional ties shall be placed lower on the trunk if needed to straighten. Ties shall be taught enough to prevent the trunk from rubbing against the stakes, but with a modest amount of slack to allow movement of the tree. Ties shall not be placed in branch crotches.
i) A plastic guard shall be placed loosely around the base of the trunk. j) A watering basin shall be placed around the outer edge of the root ball in areas where run-off will occur. The basin shall be in the form of a tightly compacted soil berm, three inches in height. A watering basin is not required on turf or dense ground cover.

Staking Only
The Contractor shall stake any tree that is unable to stand upright on its own, whether the existing stakes have become loosened, damaged, incorrectly installed, or where the stakes are absent. This work shall be performed in any area where the Contractor is pruning or where otherwise directed by the Public Services Department Representative.All the standards shall be followed.

Stake Removal
The Contractor shall remove stakes from trees that have achieved enough stability and grown to at least three inches in diameter at breast height (DBH). The stakes should bepulled completely out of 63 Item7.

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the ground when possible; otherwise, the stakes shall be cut down below grade and backfilled with soil.

All undamaged tree stakes that are suitable for re-use shall be returned to the City. The Contractor shall dispose of all damaged tree stakes.

Stake removal shall be performed in any area where the Contractor is pruning, and thereshall be no extra charge incurred.

Removal of Brush and Debris
The Contractor shall be responsible for the removal and disposal of all debris, i.e. wood,branches, brush, chippings, and any other material resulting from tree maintenance operations. a) Contractor must comply with all state, county, and local laws and ordinances applicable to and governing such disposal.
b) Disposal of all Eucalyptus wood infested with the larvae of the Eucalyptus Long Horned Borer shall follow the State of California Public Resources Code, Article 5,Section 4714.5.

1.1. Tree Watering
Watering is to be performed by a one-man crew with a water truck. Contractor shall include the pricing to water newly planted trees for the first year after initial planting, unless noted otherwise. Watering will occur along various routes including landscape medians, parkways, parks,and City facilities. At the discretion of the Public Services Department Representative, older trees will be included on a watering schedule.

Arborist Services
On occasion, the City requires tree evaluations including written reports. The Contractor shall provide an hourly rate for an Arborist who can respond to the City's request(s) for the preparation of detailed arborist reports, tree risk assessment reports, tree evaluations, and site inspections. Reporting can be generated on as little as one tree to an entire urban forest population and is handled on a caseby-case basis.

Milling
On occasion, the City may request for some of the removed Urban Forest material be milled down for special projects. The Contractor shall provide a per-foot milling cost of this material. Milling can be performed on or off-site.
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EXHIBIT 2
Fee Schedule
Item
No.

Service Description Unit
Measure
FY 24-25 FY 25-26 FY 26-27
1 Grid Tree Pruning Each $75.00 $80.00 $85.00
2 Clearance Tree Pruning Each $65.00 $67.00 $69.00
3 Service Request Tree Pruning 0-12”
DBH
Each $75.00 $80.00 $85.00
4 Service Request Tree Pruning 13-
24” DBH
Each $125.00 $132.00 $140.00
5 Service Request Tree Pruning 25-
36” DBH
Each $225.00 $235.00 $245.00
6 Service Request Tree Pruning 37” &
Over DBH
Each $275.00 $285.00 $295.00
7 Coco/King Palm Pruning Each $70.00 $72.00 $74.00
8 Washingtonia Robusta Pruning Each $80.00 $80.00 $85.00 9 Date Palm Pruning Each $275.00 $283.00 $290.00
10 Palm Tree Skinning Linear Foot $34.00 $35.00 $36.00
11 Tree & Stump Removal (regardless
of size)
Diameter
Inch
$48.00 $49.00 $50.00
12 Tree Only Removal (regardless of
size)
Diameter
Inch
$30.00 $30.50 $31.00
13 Stump Only Removal (regardless of
size)
Diameter
Inch
$18.00 $18.50 $19.00
14 Root Prune Trees (typical 10-foot
length)
Linear Foot $24.00 $25.00 $26.00
15 Plant 15-Gallon Tree Each $200.00 $206.00 $212.00
16 Plant 15-gallon Tree with Root
Barrier
Each $225.00 $232.00 $239.00
17 Plant 24” Box Tree Each $400.00 $412.00 $424.00
18 Plant 24” Box Tree with Root Barrier Each $425.00 $438.00 $450.00 19 Plant 36” Box Tree Each $1,295.00 $1,333.00 $1,350.00 20 Tree Watering Day $855.00 $880.65 $900.00
21 Crew Rental Man Hour $95.00 $97.85 $100.00
22 Specialty Equipment (i.e., crane, 95-
ft aerial tower)
Hour $150.00 $155.00 $160.00
23 Emergency Response (regular
business hours, Mon-Fri)
Man Hour $110.00 $113.00 $116.00
24 Emergency Response (evening,
weekend, holidays)
Man Hour $125.00 $128.00 $131.00
25 Certified Arborist Services Hour $170.00 $175.00 $180.00 26 GPS Tree Inventory Tree Site $4.00 $4.50 $5.00
27 Plant Health Care
a. Tree Canopy Spraying from Ground
Level
Per Diameter
Inch
$7.00 $7.25 $7.50
b. Tree Canopy Spraying From Aerial
Tower
Per Diameter
Inch
$7.00 $7.25 $7.50
c. Insecticide or Fungicide Trunk
Banding
Per Diameter
Inch
$8.00 $8.25 $8.50
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d. PGR Trunk Banding Per Diameter
Inch
$7.00 $7.25 $7.50
e. Insecticide or PGR Soil Application
(Cambistal)
Per Diameter
Inch
$7.00 $7.25 $7.50
f. Insecticide or Fungicide Soil
Application
Per Diameter
Inch
$7.00 $7.25 $7.50
g. Soil Injection Fertilization Per Diameter
Inch
$8.00 $8.25 $8.50
h. Soil Drenching Fertilization Per Diameter
Inch
$8.00 $8.25 $8.50
i. Trunk Injection (Insecticide/Miticide) Per Diameter
Inch
$9.00 $9.25 $9.50
j. Trunk Injection (Fungicide) Per Diameter
Inch
$9.00 $9.25 $9.50
k. Trunk Injection (Insecticide &
Fungicide Combo)
Per Diameter
Inch
$10.00 $10.25 $10.50
l. Avermectin Class Insecticide
Injection
Per Diameter
Inch
$11.00 $11.25 $11.50
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EXHIBIT 3
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ABDH Holder Identifier : 7777777707070700077763616065553330773707447315456607453126763506200072750477046231130762514446076455307162011776230556075266335320323700772401557405675607744415714276570077727252025773110777777707000707007 6666666606060600062606466204446200622202404004202006000204262242000062202062600402200602200406226202006220204262040220062200042402602000600220404226220206220004242202400066646062240664440666666606000606006 Certificate No : 570106216030

CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
06/06/2024
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

PRODUCER
Aon Risk Insurance Services West, Inc.

Los Angeles CA Office
707 Wilshire Boulevard
Suite 2600
Los Angeles CA 90017-0460 USA
PHONE
(A/C. No. Ext):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
(866) 283-7122
INSURED INSURER A: Hartford Fire Insurance Co. 19682
INSURER B:

INSURER C:

INSURER D:

INSURER E:

INSURER F:

FAX
(A/C. No.): (800) 363-0105

CONTACT
NAME:

West Coast Arborists, Inc.
2200 E Via Burton
Anaheim CA 92806 USA
COVERAGES CERTIFICATE NUMBER: 570106216030 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested

POLICY EXP
(MM/DD/YYYY)

POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR

ADDL TYPE OF INSURANCE INSD POLICY NUMBER LIMITS

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

POLICY LOC

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
X
X
X X
GEN'L AGGREGATE LIMIT APPLIES PER:
$2,000,000
$1,000,000
$2,000,000
$4,000,000
$4,000,000
A 07/01/2024 07/01/2025
SIR applies per policy terms & conditions
72ECSS89301
PROJECT
OTHER:

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

SCHEDULED
AUTOS

HIRED AUTOS
ONLY

NON-OWNED

AUTOS ONLY
BODILY INJURY ( Per person)

PROPERTY DAMAGE
(Per accident)
X
BODILY INJURY (Per accident)
$2,000,000 A 07/01/2024 07/01/2025 COMBINED SINGLE LIMIT (Ea accident)
72 CSE S89302

EXCESS LIAB
OCCUR

CLAIMS-MADE AGGREGATE

EACH OCCURRENCE
DED

UMBRELLA LIAB

RETENTION
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT $1,000,000
X
OTHER
A 07/01/2024 07/01/2025 PER STATUTE
Workers Comp AZ CA
$1,000,000
Y / N
(Mandatory in NH)

ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N N / A

WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$1,000,000
72WNS89300
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: All jobs performed by the named insured during the policy term. City of Escondido is included as Additional Insured in accordance with the policy provisions of the General Liability policy and Automobile Liability policies. General Liability policy evidenced herein are Primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions.

CERTIFICATE HOLDER CANCELLATION
City of Escondido AUTHORIZED REPRESENTATIVE
Public Works Department
475 N. Spruce Street
Escondido CA 92025 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

Attachment "2"
105
Item7.

CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 POLICY NUMBER: 72 ECS S89301 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location(s) Of Covered Operations

WHERE REQUIRED BY WRITTEN CONTRACT WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured will
not be broader than that which you are required
by the contract or agreement to provide for such
additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or equipment
furnished in connection with such work, on the
project (other than service, maintenance or
repairs) to be performed by or on behalf of the
additional insured(s) at the location of the
covered operations has been completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a principal
as a part of the same project.

Attachment "2"
106
Item7.

Page 2 of 2 ends

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the applicable
limits of insurance.

Attachment "2"
107
Item7.

POLICY NUMBER: 72 ECS S 8 9 3 01 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(sJ Location And Description Of Completed Operations

WHERE REQUIRED BY WRITTEN CONTRACT WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property
damage" caused, in whole or in part, by "your work"
at the location designated and described in the
Schedule of this endorsement performed for that
additional insured and included in the "productscompleted operations hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the applicable
limits of insurance.

CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Attachment "2"
108
Item7.

POLICY NUMBER:

ABCDEFG HIJ
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AMENDMENT OF OTHER INSURANCE CONDITION -

PRIMARY OR PRIMARY AND NON-CONTRIBUTORY WHEN

REQUIRED BY CONTRACT
This endorsement modifies insurance provided under the following:

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART (EXCESS) PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART (EXCESS – BROAD FORM) With respect to other insurance available to any
person or organization who is an additional insured
under this Coverage Part, the following replaces
Paragraph 4., Other Insurance of Section IV –

PRODUCTS/COMPLETED OPERATIONS LIABILITY
CONDITIONS:

4. Other Insurance
If other valid and collectible insurance is available
to the insured for a loss we cover under
Coverages A or B of this Coverage Part, our
obligations are limited as follows:
a. Primary Insurance When Required By
Contract
If you have agreed in a written contract,
written agreement or permit that this
insurance be primary, then subject to the "selfinsured retention", this insurance is primary . If other insurance is also primary, we will share
with all that other insurance by the method
described in Paragraph c. below.
b. Primary And Non-Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract,
written agreement, or permit that this
insurance is primary and non-contributory with
the additional insured's own insurance, then
subject to the "self-insured retention", this
insurance is primary, and we will not seek
contribution from that other insurance.

Paragraphs a. and b. do not apply to other
insurance to which the additional insured has been
added as an additional insured.
c. Method Of Sharing
If all of the other insurance permits
contribution by equal shares, we will follow this
method also. Under this approach each
insurer contributes equal amounts until it has
paid its applicable limit of insurance or none of
the loss remains, whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer’s
share is based on the ratio of its applicable
limit of insurance to the total applicable limits
of insurance of all insurers.

Form EH 24 08 03 14 Page 1 of 1
© 2014, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc., with its permission.) Attachment "2"
109
Item7.

Named Insured: WEST COAST ARBORISTS, INC.

Endorsement Effective Date: 07/01/2024
Name Of Person(s) Or Organization(s):

WHERE REQUIRED BY WRITTEN CONTRACT
POLICY NUMBER: 72 CSE S89302 COMMERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR

COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

SCHEDULE
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision
contained in Paragraph A.1. of Section II - Covered
Autos Liability Coverage in the Business Auto and
Motor Carrier Coverage Forms and Paragraph D.2. of
Section I - Covered Autos Coverages of the Auto
Dealers Coverage Form.

CA20481013 © Insurance Services Office, Inc., 2011 Page 1 of 1 Attachment "2"
110
Item7.

Attachment "1"
111
Item7.

STAFF REPORT
August 7, 2024
File Number 1320-70

SUBJECT

CONTINUING THE EMERGENCY REPAIR OF THE ESCONDIDO TRUNK SEWER MAIN

DEPARTMENT
Utilities Department

RECOMMENDATION
Request the City Council take the following actions:

1. Adopt Resolution No. 2024-106, declaring that pursuant to the terms of Section 22050 of the California Public Contract Code, the City Council finds there is a need to continue the emergency repair of the Escondido Trunk Sewer Main. The resolution, which must be passed by four-fifths vote, also declares that public interest and necessity demand the immediate expenditure to safeguard life, health, or property; and

2. Approve a Budget Adjustment in the amount of $12,036,225.

Staff Recommendation: Approval (Utilities: Angela Morrow, Director of Utilities) Presenter: Stephanie Roman, Interim Assistant Director of Utilities – Construction & Engineering ESSENTIAL SERVICE – Yes, Keep City Clean for Public Health and Safety; Sewer COUNCIL PRIORITY – Improve Public Safety

FISCAL ANALYSIS
A Public Improvement Agreement with CCL Contracting, Inc. has been executed for the emergency repair of Section 2 of the trunk sewer main from Beech Street to Grape Day Park, in an amount not to exceed $10,240,691. A separate Public Improvement Agreement with another contractor is being prepared for emergency repair to Section 1 of the trunk sewer main from Harding Street to Ash Street. All work will be performed on a time and materials basis.

A budget adjustment in the amount of $12,036,225 is needed to fund the emergency project. An amount of $7,036,225 is requested from the unallocated Wastewater Reserves, which is approximately half of the available unallocated Wastewater Reserve balance. The use of these unallocated reserve funds at this time may delay the start of a Capital Improvement Project that was previously anticipated in the Utilities Rate Study. This delayed project will most likely be the Sewer Lift Station No. 1 and Force Main Replacement Project. Staff will present to the City Council later this year the wastewater and water fund 112
Item8.
budgets, including assumptions made in the Utilities Cost of Service Rate Study. An additional $5,000,000 is requested from the Capital Improvement Project No. 801508, Recycled Easterly Ag MFRO, to fund the emergency repair to the trunk sewer main. Due to the MFRO project being completed under budget, these funds are available to be used for other projects in the Wastewater Capital Improvement Program. The budget adjustment includes funding for both public improvement agreements, construction water, and other small low dollar value agreements for the Emergency Repair to the Escondido Trunk Sewer Main (“Project”) that do not require Council approval. Any funds remaining after the Project is completed will be returned to the unallocated Wastewater Reserves.

PREVIOUS ACTION
On June 26, 2024, the City Council adopted Resolution No. 2024-86, ratifying Proclamation No. 2024-02, affirming that it was appropriate for City staff to forego competitive bidding procedures and work with contractors for the necessary emergency repairs of the failing trunk sewer main.

On July 10, 2024, the City Council adopted Resolution No. 2024-94, reaffirming that there was a need to continue efforts toward emergency repairs of the failing trunk sewer main sections.

On July 17, 2024, the City Council adopted Resolution No. 2024-103, reaffirming that there was a need to continue efforts toward emergency repairs of the failing trunk sewer main sections.

BACKGROUND
The City’s trunk sewer mains, constructed in the 1950’s, are a critical and integral part of the City’s wastewater system. On June 17, 2024, during routine closed-circuit television inspection, Utilities Staff identified multiple failed and severely deteriorated sections of 21-inch trunk sewer main. In order to act quickly to avoid catastrophic failure, a local emergency was proclaimed on June 20, 2024, by the City Manager, serving as the Director of Emergency Services. This allowed staff to work directly with contractors to address the necessary repairs to the failing trunk sewer main.

Utilities Staff have been working with three contractors to obtain not-to-exceed costs and estimated schedules to complete the emergency repairs. Public Improvement Agreements were drafted and exchanged with the prospective contractors outlining scopes of work defined in the three sections shown in Figure 1 below: 1) Harding Street to Ash Street - paralleling the Escondido Creek; 2) Beech Street to Grape Day Park - paralleling the Escondido Creek, traversing a short section of North Hickory Street, then continuing in East Pennsylvania Street from North Hickory and extending into Grape Day Park; 3) Centre City Parkway to Norlak Avenue - traversing through Fire Station #1, traversing a short section of North Quince Street, then continuing in Norlak Avenue.
113
Item8.

Figure 1
The proposed costs for the work came in significantly higher than anticipated. As a result, Utilities Staff refined and narrowed the scope of work to include the two sections in critical condition. These sections are shown in Figure 2 below and defined as follows: 1) Ash Street - paralleling the Escondido Creek, from the Firestone Complete Auto Care parking lot to the Walmart Neighborhood Market parking lot; and 2) Beech Street to Grape Day Park - paralleling the Escondido Creek, traversing a short section of North Hickory Street, then continuing in East Pennsylvania Street from North Hickory and extending into Grape Day Park.

Figure 2
114
Item8.

Section 3, shown in Figure 1 above, was determined to be in comparatively better condition than both Section 2 and some parts of Section 1. Therefore, Utilities Staff has made the decision to forego emergency repairs on Section 3 and truncate the emergency repairs associated with Section 1 at this time. Another factor considered in foregoing Section 3 at this time was the existence of a concrete surface located over the trunk sewer main at Fire Station #1, which acts as a pseudo-encasement providing an additional level of protection. These sections will be replaced as a part of a future CIP project.

Work associated with the emergency repairs for Section 2 have begun and is anticipated to be complete by May 31, 2025. The majority of the work will be done during regular day-time hours, with some nighttime work anticipated at the intersection of North Broadway and East Pennsylvania Avenue. Temporary bypass pumping systems with associated above grade highlines will operate during active construction; however, they will remain in place throughout the duration of the Project.

Utilities Staff continuesto meet with franchise utilities, the public, other City departments, and applicable regulatory agencies. Staff also continues to work with J.R. Filanc Construction Company to finalize a Public Improvement Agreement for the emergency repairs of refined Section 1 shown in Figure 2 above.

RESOLUTIONS
a. Resolution No. 2024-106
b. Resolution No. 2024-106 – Exhibit “A” – Public Improvement Agreement

ATTACHMENTS
a. Attachment “1” – Budget Adjustment
115
Item8.

RESOLUTION NO. 2024-106

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, FINDING THAT AN

EMERGENCY CONTINUES TO REQUIRE THE IMMEDIATE

REPAIR OF THE ESCONDIDO TRUNK SEWER MAIN
WHEREAS, the City Council recognizes that the City’s trunk sewer main pipeline previously defined in the three following sections are at risk of imminent, catastrophic failure:

Section 1: Harding Street to Ash Street - paralleling the Escondido Creek; and Section 2: Beech Street to Grape Day Park - paralleling the Escondido Creek, traversing a short section of North Hickory Street, then continuing in East Pennsylvania Street from North Hickory and extending into Grape Day Park; and
Section 3: Centre City Parkway to Norlak Avenue - traversing through Fire Station #1, traversing a short section of North Quince Street, then continuing in Norlak Avenue; and WHEREAS, Utilities Staff provided three scopes of work as defined above to three separate contractors to obtain not-to-exceed costs and estimated schedules to complete the necessary emergency repairs with the intent to draft Public Improvement Agreements for execution; and WHEREAS, proposed costs for the work defined above came in significantly higher than anticipated; and
WHEREAS, Utilities Staff refined and narrowed the scope of work to include the two sections in critical condition, and defined as follows:
116
Item8.

Section 1: Ash Street - paralleling the Escondido Creek, from the Firestone Complete Auto Care parking lot to the Walmart Neighborhood Market parking lot; and Section 2: Beech Street to Grape Day Park - paralleling the Escondido Creek, traversing a short section of North Hickory Street, then continuing in East Pennsylvania Street from North Hickory and extending into Grape Day Park; and
WHEREAS, Section 3 was determined to be in comparatively better condition than both Section 2 and some parts of Section 1; and
WHEREAS, Utilities Staff has made the decision to forego emergency repairs on Section 3 and truncate the emergency repairs associated with Section 1 at this time; and WHEREAS, repairs to Section 3 and some parts of Section 1 will be replaced as a part of a future CIP project; and
WHEREAS, pursuant to the approval of Resolution No. 2024-86 on June 26, 2024, ratifying Proclamation No. 2024-02; Resolution No. 2024-94 on July 10, 2024; and Resolution No. 2024-103 on July 17, 2024, the City Council previously found that the failing trunk sewer risk constitutes an emergency and found it appropriate for Utilities Staff to proceed to contract services without adopting plans, specifications, working details, or giving notice of bids to award contracts; and WHEREAS, Staff entered into a Public Improvement Agreement (“Agreement”) with CCL Contracting, Inc., in an amount not to exceed ten million, two hundred forty thousand, six hundred ninetyone dollars ($10,240,691); and 117
Item8.

WHEREAS, Utilities Staff continues to work with J.R. Filanc Construction Company to finalize a separate Public Improvement Agreement for the emergency repairs to Section 1 of the trunk sewer main in most critical condition, as defined above; and
WHEREAS, pursuant to Section 22050 of the Public Contract Code, the City Council must review the emergency action every 14 days, or its next regularly scheduled meeting, and determine by a fourfifths vote there is a need to continue the action; and WHEREAS, this City Council desires at this time and deems it to be in the best public interest to continue the emergency action.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows:

1. That the above recitations are true.

2. That the City Council finds the failure of the trunk sewer main is a public health and safety emergency; that this emergency will not permit the delay that would result from a competitive bidding process; and that the proposed action and expenditure is still necessary to respond to the emergency requiring immediate repair of the trunk sewer main.
118
Item8.

CITY OF ESCONDIDO

PUBLIC IMPROVEMENT AGREEMENT
This Public Improvement Agreement (“Agreement”) is made and entered into as of the last date of signature below (“Effective Date”),
Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Randy Manns
760-839-6290, ext. 7031
("CITY")
And: CCL Contracting, Inc.
a California corporation
1938 Don Lee Place
Escondido, CA 92029
Attn: Tom Carmichael
760-743-2254
("CONTRACTOR").
(The CITY and CONTRACTOR each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the City Manager, in his role as Director of Emergency Services, has made findings that an emergency exists at a City of Escondido facility immediately affecting public safety, and has taken the following actions regarding those findings: issued Proclamation 2024-02 on June 20, 2024, which was subsequently affirmed by the City Council via Resolution 2024-86 on June 26, 2024; and ratifying Proclamation 2024-02, which was subsequently affirmed by the City Council via Resolution 2024-94 on July 10, 2024, and was reaffirmed by the City Council via Resolution 2024-103 on July 17, 2024, continuing the Emergency;
WHEREAS, pursuant to Proclamation 2024-02 and Resolution 2024-94, the City desires to enter into this Agreement for emergency repair services under Chapter 7 and Section 10-80 of the Escondido Municipal Code;
WHEREAS, the Parties desire to enter into this Agreement for the performance of work relating to the Emergency Repair of the Escondido Trunk Sewer Main Section 2: Beech Street to Resolution No. 2024-106
Exhibit "A"

Page 1 of 155 ends

119
Item8.

Grape Day Park – paralleling the Escondido Creek, traversing a short section of North Hickory Street, then continuing in East Pennsylvania Street from North Hickory and extending into Grape Day Park, as further described herein, and as depicted in Attachment “A” to this Agreement, which is incorporated by this reference.

NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, and the mutual benefits derived therefrom, the Parties hereby agree as follows:

1. Project Documents. Attachment A: Project Location; Attachment B: Scope of Work; Attachment C: Project Rates, and Attachment D: City of Escondido General Conditions, plus any Change Orders, Shop Drawing Transmittals, Insurance Certificates, Guarantees, Special Conditions, Plans, Drawings, Specifications, the Agreement, and all modifications, addenda, and amendments thereto (“Project Documents”) are incorporated herein by this reference as if fully set forth herein.

The Project Documents are complementary, and what is called for by any one shall be as binding as if called for by all.

2. Description and Performance of Work. CONTRACTOR shall furnish all work described in Attachment “B” to this Agreement, which is incorporated herein by this reference (“Work”). All Work to be performed and materials to be furnished shall be completed in a good workmanlike manner, free from defects, in strict accordance with the plans, drawings, specifications, and requirements set forth in the Project Documents and all provisions of this Agreement.

3. Compensation. In exchange for CONTRACTOR’s completion of the Work, the CITY shall pay such rates for labor and equipment pursuant to Attachment “C” to this Agreement, which is attached hereto and incorporated by this reference, and CONTRACTOR shall accept in full, an amount not to exceed the sum of $10,240,691 (“Contract Price”). CONTRACTOR shall be compensated only for performance of the Work described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent.

4. Term and Time of Performance. CONTRACTOR shall commence work as soon as possible from the CITY's notice to proceed. CONTRACTOR shall diligently perform and complete the Work with professional quality and technical accuracy by May 31, 2025 (“Completion Date”). Extension of terms or time of performance shall be subject to the CITY’s sole discretion.

5. Time Is of the Essence. If the Work is not completed by the Completion Date, it is understood that the CITY will suffer damage. It being impractical and infeasible to determine the amount of actual damage, in accordance with Government Code section 53069.85, the Parties agree that CONTRACTOR shall pay to the CITY as fixed and liquidated damages, and not as a penalty, the sum of $1,500 per day for each calendar day of delay until the Work is completed and accepted (“Liquidated Damages Amount”). The Liquidated Damages Amount shall be deducted from any payments due to, or that become due to, CONTRACTOR. CONTRACTOR and CONTRACTOR'S surety shall be liable for the Liquidated Damages Amount.

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(1) Commercial General Liability. Insurance Services Office (“ISO”) Form CG 0001 11188 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury (including emotional distress), sickness, disease, or death of any person other than the CONTRACTOR's employees, and personal and advertising injury, and damages because of injury or destruction of tangible property, including loss of use resulting there from, with limits no less than $3,000,000 combined single limit coverage per occurrence for bodily injury and property damage; or, if a general aggregate limit is applicable, either: (i) the general aggregate limit shall specifically apply to the project identified in the bid specifications or to the location of such project which is the subject of these bid specifications with coverage to be no less than $3,000,000, or (ii) the general aggregate shall be at least $3,000,000 combined single limit coverage per occurrence for bodily injury and property damage. (2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONTRACTOR has no owned autos, hired (Code 8) and non-owned autos (Code 9), including damages because of bodily injury, death of a person, or property damage arising out of the ownership, maintenance, or use of a motor vehicle, all mobile equipment, and vehicles moving under CONTRACTOR’s control and engaged in the Work, with limits no less than $3,000,000 combined single limit per accident for bodily injury and property damage.
(3) Workers’ Compensation. Workers' Compensation as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
(4) Contractors Pollution Liability. Contractors Pollution Liability insurance applicable to work being performed, with a limit no less than $2,000,000 per claim and $2,000,000 aggregate per policy period of one year.
(5) If CONTRACTOR maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR. b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:
(1) Compliance with General Condition Requirements. Insurance coverage shall comply with and meet all requirements set forth in Article 5.2 of General Conditions (2) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-:VII, or as approved by the CITY.
(3) Additional Insured Status. Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability additional insured endorsement shall be at least as broad as ISO Form CA 20 01.

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(4) Transportation Pollution Liability Endorsement. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.
(5) Primary Coverage. CONTRACTOR’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONTRACTOR’s insurance and shall not contribute with it. (6) Notice of Cancellation. Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY. (7) Subcontractors. If applicable, CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated within this Agreement, and CONTRACTOR shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.
(8) Waiver of Subrogation. CONTRACTOR hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its agents, representatives, employees and subcontractors.
(9) Self-Insurance. CONTRACTOR may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of selfinsurance. CONTRACTOR shall only be permitted to utilize such self-insurance if, in the opinion of the CITY, CONTRACTOR’s (i) net worth and (ii) reserves for payment of claims of liability against CONTRACTOR are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONTRACTOR’s utilization of self-insurance shall not in any way limit the liabilities assumed by CONTRACTOR pursuant to this Agreement.
(10) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
c. Verification of Coverage. At the time CONTRACTOR executes this Agreement, CONTRACTOR shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time. d. Special Risks or Circumstances. The CITY reserves the right, at any point during the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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e. No Limitation of Obligations. The insurance requirements within this Agreement, including the types and limits of insurance coverage CONTRACTOR must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including but not limited to any provisions within this Agreement concerning indemnification. f. Compliance. Failure to comply with any of the insurance requirements in this Agreement, including but not limited to a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement. Compliance by CONTRACTOR with the requirement to carry insurance and furnish certificates, policies, Additional Insured Endorsement and Declarations Page evidencing the same shall not relieve the CONTRACTOR from liability assumed under any provision of this Agreement, including, without limitation, the obligation to defend and indemnify the CTY and the City Engineer. In the event that CONTRACTOR fails to comply with any insurance requirement set forth in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONTRACTOR to stop Work under this Agreement and/or withhold any payment that becomes due to CONTRACTOR until CONTRACTOR demonstrates compliance with the insurance requirements in this Agreement.

7. Indemnification, Duty to Defend, and Hold Harmless.
a. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with CONTRACTOR’s (including CONTRACTOR’s agents, employees, and subcontractors, if any) Work pursuant to this Agreement or its failure to comply with any of its obligations contained herein, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. b. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No.

R9-2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any Work performed pursuant to this Agreement.
c. All terms and provisions within this Section 7 shall survive the termination of this Agreement.

8. Bonds.
a. CONTRACTOR shall furnish and deliver to the CITY, simultaneously with the execution of this Agreement, the following surety bonds:
(1) Faithful Performance Bond. CONTRACTOR shall furnish to the CITY a surety bond in an amount equal to the Contract Price as security for faithful performance of this Agreement.

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(2) Labor and Materials Bond. CONTRACTOR shall furnish to the CITY a surety bond in an amount equal to the Contract Price as security for payment to persons performing labor and furnishing materials in connection with the Project. b. All bonds furnished to the CITY pursuant to this Agreement shall be in the form set forth herein and approved by the City Attorney.
c. All bonds shall be executed by sureties that are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. d. If the surety on any bond furnished by the CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Work is located, the CONTRACTOR shall, within seven days thereafter, substitute another bond and surety, which must be acceptable to the CITY. No portion of the Work shall be performed without bonds, in a form and issued by a surety acceptable to the City. If one or more of such bonds shall, at any time, not be in full force and effect, CONTRACTOR shall immediately cease performance of the Work until CONTRACTOR is in full compliance with the bonding requirements of this Agreement and California law. All delays and costs incurred or resulting from such occurrence shall be to the exclusive account of CONTRACTOR. Failure of the CONTRACTOR to promptly cure any failure to have the necessary bonds in full force and effect shall be grounds for immediate termination of this Agreement. e. All bonds shall be obtained from surety companies that are duly licensed or authorized in the State of California. Such surety companies shall also meet any additional requirements and qualifications as may be provided in the Supplementary General Conditions.

9. Substitution of Securities. This Agreement is subject to California Public Contract Code section 22300, which permits the substitution of securities for any monies withheld by the CITY to ensure performance of this Agreement. At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY, or with a state- or federallychartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR. Upon satisfactory completion and acceptance of the Work, such securities shall be returned to the CONTRACTOR.

10. Contractor Default. In the event CONTRACTOR, for a period of 10 calendar days after receipt of written demand from the CITY to do so (“Cure Period”), fails to furnish tools, equipment, or labor in the necessary quantity or quality required by this Agreement, or fails to prosecute the Work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within the Cure Period, fails to continue to do so, then the CITY in its sole discretion may exclude the CONTRACTOR from the Property, or any portion thereof, and take exclusive possession of the Property or any portion thereof, together with all material and equipment thereon, and may complete the Work or any portion of the Work, either by (i) furnishing the necessary tools, equipment, labor, or materials; or (ii) letting the unfinished portion of the work, or any portion thereof, to another contractor; or (iii) demanding the surety hire another contractor; or (iv) any combination of such methods. The CITY’s procuring of the completion of the Work, or the portion of the Work taken over by the CITY, shall be a charge against the CONTRACTOR and may be deducted from any money due or to become due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of such charge, or the portion thereof unsatisfied.

The sureties provided for under this Agreement shall become liable for payment if CONTRACTOR Resolution No. 2024-106
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fails to pay in full any such cost incurred by the CITY. The permissible charges for any such procurement of the completion of the Work include actual costs and fees incurred to third party individuals and entities (including but not limited to consultants, attorneys, inspectors, and designers) and actual costs incurred by the CITY for the increased dedication of time of the CITY’s employees to the Project.

11. Other Legal Requirements Incorporated. Each and every provision of law and clause required by law to be inserted in this Agreement or its attachments shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though such law or clause were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party, the Agreement shall forthwith be physically amended to make such insertion or correction, without further changes to the remainder of the Agreement.

13. Attorney’s Fees and Costs. In any action to enforce the terms and conditions of this Agreement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs.

14. Independent Contractor. CONTRACTOR is an independent contractor, and no agency or employment relationship is created by the execution of this Agreement.

15. Amendment. This Agreement shall not be amended except in a writing signed by the CITY and CONTRACTOR, and pursuant to action of the Escondido City Council.

16. Anti-Waiver Clause. None of the provisions of this Agreement shall be waived by the CITY because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived by the CITY, in whole or in part.

17. Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.

18. Governing Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Venue for any action arising from this Agreement shall be conducted only in the state or federal courts of San Diego County, California.

19. Counterparts. This Agreement may be executed on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Agreement by electronic means, including an attachment to an email, shall be effective as delivery of an executed original. The Agreement on file with the City is the copy of the Agreement that shall take precedence if any differences exist between or among copies or counterparts of the Agreement.

20. Provisions Cumulative. The foregoing provisions are cumulative to, in addition to, and not in limitation of any other rights or remedies available to the CITY.

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21. Business License. CONTRACTOR shall obtain a City of Escondido Business License prior to execution of this Agreement and shall maintain such Business License throughout the term of this Agreement.

22. Compliance with Laws, Permits, and Licenses. CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements in effect during the term of this Agreement. This shall include, but shall not be limited to, all California Labor Code laws regarding payment of prevailing wages and all OSHA regulations. CONTRACTOR shall obtain any and all permits, licenses, and other authorizations necessary to perform the work under this Agreement. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

23. Prevailing Wages and Department of Industrial Relations Compliance. Pursuant to California Labor Code section 1770 et seq., CONTRACTOR agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement.

CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages, including but not limited to the keeping of certified payroll records, overtime pay, employment of apprentices, and workers' compensation coverage, as further set forth in the General Conditions. CONTRACTOR shall file the required workers' compensation certificate before commencing work under this Agreement. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

CONTRACTOR shall post all job site notices required by regulation. CONTRACTOR, as well as any subcontractors, shall be registered pursuant to California Labor Code section 1725.5 to be qualified to bid on, be listed in a bid proposal (subject to the requirements of Public Contract Code section 4104), or engage in the performance of any public works contract subject to the requirements of Division 2, Part 7, Chapter 1 of the California Labor Code. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

24. Immigration Reform and Control Act of 1986. CONTRACTOR shall keep itself informed of and shall comply with the Immigration Reform and Control Act of 1986 (“IRCA”). CONTRACTOR represents and warrants that all of its employees and the employees of any subcontractor retained by CONTRACTOR who perform any portion of the Work under this Agreement are and will be authorized to perform the Work in full compliance with the IRCA. CONTRACTOR affirms that as a licensed contractor and employer in the State of California, all new employees must produce proof of eligibility to work in the United States within the first three days of employment and that only employees legally eligible to work in the United States will perform the Work. CONTRACTOR agrees to comply with the IRCA before commencing any portion of the Work, and continuously throughout the performance of the Work and the term of this Agreement.

25. Effective Date. Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below. (SIGNATURE PAGE FOLLOWS)
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IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO
Date: __________________ ___________________________________ Sean McGlynn, City Manager
Date: __________________
CCL Contracting, Inc.
__________________________________
Bryan Lusky, Secretary
__________________________________
Contractor's License No.
__________________________________
Tax ID/Social Security No.

APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, City Attorney
BY: __________________________
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.

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EMERGENCY TRUNK SEWER PROJECT - 2024
SECTION 2 - N BEECH ST TO GRAPE DAY PARK
MH#
29106
MH#
6561
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SECTION STREET
TRUNK SEWER
SIZE &

MATERIAL
APPROX. LENGTH
(FT)
UPSTREAM MH
NO.

UPSTREAM MH
ELEVATION (FT)
UPSTREAM MH
INVERT ELEVATION
(FT)
UPSTREAM MH
DEPTH (FT)
DOWNSTREAM MH
NO.

DOWNSTREAM MH
ELEVATION (FT)
DOWNSTREAM MH
INVERT ELEVATION
(FT)
DOWNSTREAM MH
DEPTH (FT) CROSS STREET #1 CROSS STREET #2 CURB & GUTTER (LF) SIDEWALK (LF) EXISTING ROADWAY ‐ AC (LF) BIKE PATH ‐ AC (LF) DRIVEWAY APRON/ STORMWATER GUTTER (CONCRETE) ESCONDIDO CREEK/WALL/RAMP FENCE (LF) LANDSCAPING PRIVATE SEWER SERVICE LATERALS NOTES ESCONDIDO CREEK/PRIVATE PROPERTY (APN 230‐
133‐3400) 21‐INCH RCP 70 29106 672 656.6 15.4 6157 668.08 653.58 12.5 ESCONDIDO CREEK/PRIVATE PROPERTY (APN 230‐133‐3400)/N ASH STREET N BEECH STREET ‐ ‐ 15 ‐ ‐ ‐ ‐ 50 ‐ * FENCE FROM PRIVATE PROPERTY TO ESCONDIDO CREEK BIKE PATH ESCONDIDO CREEK BIKE PATH 21‐INCH RCP 480 6157 668.08 653.58 12.5 6139 659 646.2 12.8 N BEECH STREET N CEDAR STREET ‐ ‐ ‐ 480 ‐ ‐ 490 ‐ ‐ * BIKE PATH
* ~ 6 LIGHTS TO BE REMOVED/REPLACED
* CHAIN LINK FENCING
ESCONDIDO CREEK BIKE PATH 21‐INCH RCP 485 6139 659 646.2 12.8 6281 659 645.5 13.5 N CEDAR STREET N DATE STREET ‐ ‐ ‐ 485 ‐ ‐ 460 ‐ ‐ * BIKE PATH
* ~ 5 LIGHTS TO BE REMOVED/REPLACED
* CHAIN LINK FENCING
ESCONDIDO CREEK BIKE PATH 21‐INCH RCP 480 6281 659 645.5 13.5 6276 658 643.1 14.9 N DATE STREET N ELM STREET ‐ ‐ ‐ 480 ‐ ‐ 480 ‐ ‐ * BIKE PATH
* ~ 5 LIGHTS TO BE REMOVED/REPLACED
* CHAIN LINK FENCING
ESCONDIDO CREEK BIKE PATH/CHANNEL
RAMP/CHANNEL WALL 21‐INCH RCP 500 6276 658 643.1 14.9 6271 657.11 641.71 15.4 N ELM STREET N FIG STREET 10 10 20 300 ‐ 220 460 ‐ 2 * POTENTIALLY ~220 FEET OF REALIGNMENT
* ~ 5 LIGHTS TO BE REMOVED/REPLACED
* CHAIN LINK FENCING
* MH 6271 TAKES 8" FLOWING NORTHERLY FROM N FIG STREET
ESCONDIDO CREEK BIKE PATH 21‐INCH RCP 450 6271 657.11 641.71 15.4 6241 652 636.9 15.1 N FIG STREET N GRAPE STREET ‐‐ ‐‐ ‐ ‐ ‐ ‐ ‐ * MH 6271 TAKES FLOWS FROM 10" FLOWING NORTHERLY
FROM N GRAPE STREET
* TEMPORARY REMOVAL/RELOCATION OF 3 ABOVE‐GRADE
SDG&E BOXES AND 2 BELOW‐GRADE SDG&E BOXES
ESCONDIDO CREEK BIKE PATH 21‐INCH RCP 21 6241 652 636.9 15.1 6240 652 636.9 15.1 N GRAPE STREET N GRAPE STREET ‐ ‐ ‐ 21 ‐ ‐ ‐ 21 ‐ * MH 6240 TAKES FLOWS FROM 10" FLOWING NORTHERLY FROM N GRAPE STREET ESCONDIDO CREEK/PRIVATE PROPERTY (APN 229‐
320‐0600 & APN 229‐320‐2200) 21‐INCH RCP 340 6240 652 636.9 15.1 6232 (J) * 649.09 637.19 11.9 N GRAPE STREET N HICKORY STREET ‐ ‐ 100 ‐ ‐ ‐ 10 60 ‐ * 20‐FT DIAMETER CONCRETE CIRCLE TO BE

REMOVED/REPLACED
* ~ 4 SMALL TREES TO BE REMOVED AND REPLACED
* CHAIN LINK FENCING
ESCONDIDO CREEK/PRIVATE PROPERTY (APN 229‐
320‐2200) 21‐INCH RCP 150 6232 (J) * 649.09 637.19 11.9 6230 649.24 636.64 12.6 N GRAPE STREET N HICKORY STREET 20 ‐ 140 ‐ 50 ‐ ‐ ‐ ‐ * MH 6230 TAKES FLOWS FROM 10" FLWING SOUTHERLY FROM HICKORY STREET N HICKORY STREET 21‐INCH RCP 190 6230 649.24 636.64 12.6 6234 652.93 648.03 4.9 ESCONDIDO CREEK/PRIVATE PROPERTY (APN 229‐320‐2200) E PENNSYLVANIA AVENUE 30 ‐ 190 ‐ 900 ‐ ‐ ‐ ‐ * MH 6234 TAKES FLOWS FROM 12" FLOWING NORTHERLY
FROM HICKORY STREET
* FIRE HYDRANT TO BE REMOVED (RELOCATED?)/REPLACED
* ~ 10 FT OF HEDGE
* REMOVE AND REPLACE LOOP SENSORS FOR EXIT GATE
E PENNSYLVANIA AVENUE 21‐INCH RCP 620 6234 652.93 648.03 4.9 6403 647 634.7 12.3 N HICKORY N IVY SREET ‐ ‐ 620 ‐ ‐ ‐ 0 ‐ ‐ E PENNSYLVANIA AVENUE 21‐INCH RCP 460 6403 647 634.7 12.3 6409 645 632.2 12.8 N IVY SREET N JUNIPER STREET ‐‐ 460‐ ‐ ‐ ‐ ‐ 1 DROP MANHOLE (TAKES FLOWS FROM 8" FROM NORTH
JUNIPER/ TAKES FLOWS FROM PARALELLING 10" FLOWING
FROM EAST ON PENNSYLVANIA)
E PENNSYLVANIA AVENUE 21‐INCH RCP 15 6409 645 632.2 12.8 6486 645 632.4 12.6 N JUNIPER STREET N JUNIPER STREET ‐‐ 15‐ ‐ ‐ ‐ ‐ 0 DROP MANHOLE (TAKE FLOWS FROM 10" FROM SOUTH ON N JUMIPER)E PENNSYLVANIA AVENUE 21‐INCH RCP 475 6486 645 632.4 12.6 6575 645 632.2 12.8 N JUNIPER STREET N KALMIA STREET ‐‐ 475‐ ‐ ‐ ‐ ‐ 0 DROP MANHOLE (TAKE FLOWS FROM PARALLELING 10"
FLOWING FROM EAST ON E PENNSYLVANIA; TAKES FLOWS
FROM 8" MAIN FLOWING SOUTHERLY FROM WAVERLY PLACE)
E PENNSYLVANIA AVENUE 21‐INCH RCP 110 6575 645 632.2 12.8 22808 651.36 638.56 12.8 N KALMIA STREET N BROADWAY ‐‐ 110‐ ‐ ‐ ‐ ‐ 0 TAKES FLOWS FROM 8" FLOWING NORTHERLY FROM DEVELOPMENT TO THE SOUTH E PENNSYLVANIA AVENUE 21‐INCH RCP 190 22808 651.36 638.56 12.8 6570 647 634.1 12.9 N KALMIA STREET N BROADWAY ‐‐ 190‐ ‐ ‐ ‐ ‐ 0 E PENNSYLVANIA AVENUE/
N BROADWAY 21‐INCH RCP 140 6570 647 634.1 12.9 6603 648 633.5 14.5 N BROADWAY E PENNSYLVANIA AVENUE ‐ ‐ 80 ‐ ‐ ‐ ‐ 60 0 TAKES FLOWS FROM 8" FLOWING NORTHERLY FROM CITY HALL GRAPE DAY PARK 21‐INCH RCP 170 6603 648 633.5 14.5 6569 648.73 635.03 13.7 N BROADWAY E PENNSYLVANIA AVENUE ‐‐ ‐‐ ‐ ‐ ‐ 170 0 GRAPE DAY PARK 21‐INCH RCP 145 6569 648.73 635.03 13.7 6561 348.13 632.82 15.3 N BROADWAY E PENNSYLVANIA AVENUE ‐‐ ‐‐ ‐ ‐ ‐ 145 0 TAKES FLOWS FROM 8" FLOWING NORTHERLY FROM CITY HALL AND SOUTH *J JUMPER TO NORTH TRUNK
SUM CCL 60 10 2415 1766 950 220 1900 506 3
APPROXIMATE LENGTH (LF) OF 24" PVC C900 PIPELINE 4687
EMERGENCY TRUNK SEWER PROJECT (2024)
07/01/24
CCL
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ATTACHMENT “C”

CONTRACTOR LABOR RATES AND EQUIPMENT RATES
CCL Contracting, Inc. Labor Rates
July 1, 2024
Classification Hourly OT 1.5 per Hour OT 2.0 per Hour
Operating Engineer $111.46 $141.85 $172.25
Grade Checker $111.46 $141.85 $172.25
Foreman $113.69 $147.19 $180.69
Laborer $84.69 $107.40 $130.11
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ATTACHMENT “D”

CITY OF ESCONDIDO GENERAL CONDITIONS
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SECTION A-00700 - GENERAL CONDITIONS

SECTION INDEX
Page Number
ARTICLE 1 – DEFINITIONS ....................................................................................................... A-00700-5 ARTICLE 2 – PRELIMINARY MATTERS

2.1 Delivery of Bonds and Insurance Certificates............................................................................... 10

2.2 Copies of Documents...................................................................................................................... 10

2.3 Escrow of Bid Documents .............................................................................................................. 10

2.4 Commencement of Contract Times; Notice to Proceed ............................................................... 13

2.5 Starting the Work ............................................................................................................................ 13

2.6 Continuing the Work....................................................................................................................... 13

2.7 Preconstruction Meeting ................................................................................................................. 13

2.8 City Observed Holidays.................................................................................................................. 13 ARTICLE 3 – INTENT AND USE OF CONTRACT DOCUMENTS

3.1 Review of Contract Documents, Drawings, and Specifications................................................... 14

3.2 Detail Drawings and Instructions ................................................................................................... 15

3.3 Referenced Standard ....................................................................................................................... 16

3.4 Amending Contract Documents ..................................................................................................... 16

3.5 No Assignment............................................................................................................................... 16

3.6 Reuse of Documents ....................................................................................................................... 16 ARTICLE 4 – SITE OF THE WORK

4.1 Availability of Lands ..................................................................................................................... 16

4.2 Soils Investigation Report and Claims for Concealed or Unknown Conditions.......................... 17

4.3 Physical Conditions – Underground Utilities................................................................................. 17

4.4 Hazardous Materials ....................................................................................................................... 19

4.5 Reference Points............................................................................................................................. 20 ARTICLE 5 – BONDS AND INSURANCE

5.1 Bonds............................................................................................................................................... 20

5.2 Liability, Property, Fire, Builder's Risk, and Other Insurance Requirements.............................. 21

5.3 Proof of Carriage Insurance............................................................................................................ 22 ARTICLE 6 – CONTRACTOR'S RESPONSIBILITIES

6.1 Communications ............................................................................................................................. 24

6.2 Independent CONTRACTOR ........................................................................................................ 24

6.3 CONTRACTOR License................................................................................................................ 25

6.4 CONTRACTOR Registration........................................................................................................ 25

6.5 Change In Name and Nature of CONTRACTOR's Legal Entity................................................. 25

6.6 CONTRACTOR Superintendent.................................................................................................... 25

6.7 CONTRACTOR Supervision......................................................................................................... 25

6.8 Field Measurements, Layout, Record Drawings, and Field Engineering..................................... 26

6.9 Details of the Work ......................................................................................................................... 26

6.10 Means and Methods ........................................................................................................................ 26

6.11 Subcontractors................................................................................................................................. 26

6.12 Duty to Provide Fit Workers........................................................................................................... 27

6.13 Overtime......................................................................................................................................... 27

6.14 Materials and Work......................................................................................................................... 28

6.15 Access to CONTRACTOR's Records ............................................................................................ 29

6.16 CONTRACTOR's Substitution of "Or Equal" Items.................................................................... 29 Resolution No. 2024-106
Exhibit "A"

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6.17 Permits............................................................................................................................................. 30

6.18 Patent Fees and Royalties ............................................................................................................... 31

6.19 Laws and Regulations ..................................................................................................................... 31

6.20 Taxes................................................................................................................................................ 31

6.21 Use of Premises............................................................................................................................... 31

6.22 Safety and Protection ...................................................................................................................... 32

6.23 Emergencies .................................................................................................................................... 33

6.24 Submittals........................................................................................................................................ 33

6.25 CONTRACTOR's General Warranty and Guarantee .................................................................... 37

6.26 Indemnification ............................................................................................................................... 39

6.27 CONTRACTOR's Daily Reports ................................................................................................... 40

6.28 CONTRACTOR Payments............................................................................................................. 40

6.29 Dial Before You Dig....................................................................................................................... 40

6.30 Documents on Work ....................................................................................................................... 41

6.31 Temporary Utilities ......................................................................................................................... 41

6.32 Sanitary Facilities............................................................................................................................ 41

6.33 Cleaning Up..................................................................................................................................... 41

6.34 Wage Rates...................................................................................................................................... 42

6.35 Hours of Work................................................................................................................................. 43

6.36 Apprentices...................................................................................................................................... 44

6.37 First Aid........................................................................................................................................... 45

6.38 Protection of Persons and Property................................................................................................. 45

6.39 Accessibility Requirements ............................................................................................................ 46 ARTICLE 7 – OTHER WORK

7.1 Other Contracts ............................................................................................................................... 46

7.2 Integration of Work......................................................................................................................... 47 ARTICLE 8 – THE CITY'S RESPONSIBILITIES

8.1 Communications ............................................................................................................................. 47

8.2 Observations on the Site ................................................................................................................. 47

8.3 Project Representation .................................................................................................................... 47

8.4 Clarifications, Requests for Information ........................................................................................ 47

8.5 Authorized Variations in Work ...................................................................................................... 47

8.6 Rejecting Work ............................................................................................................................... 47

8.7 CONTRACTOR Submittals, Change Orders, and Payments........................................................ 47

8.8 Decisions on Disputes..................................................................................................................... 48

8.9 Limitation of City's Responsibilities .............................................................................................. 48

8.10 Lands, Easements, and Surveys...................................................................................................... 48

8.11 Reports and Drawings..................................................................................................................... 48

8.12 Suspension of Work........................................................................................................................ 48

8.13 Termination of Agreement.............................................................................................................. 48

8.14 Undisclosed Hazardous Environmental Conditions ...................................................................... 48 ARTICLE 9 – ENGINEER'S STATUS DURING CONSTRUCTION

9.1 The Engineer of Work .................................................................................................................... 49 ARTICLE 10 – CHANGES IN THE WORK

10.1 General ............................................................................................................................................ 49

10.2 Allowable Quantity Variations ....................................................................................................... 50 ARTICLE 11 – CHANGE OF CONTRACT PRICE

11.1 General ............................................................................................................................................ 50 Resolution No. 2024-106
Exhibit "A"

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11.2 Cost of Work – Force Account (Based on Time and Materials) ................................................... 52

11.3 Overhead and Profit (O&P) Percentage Schedule ......................................................................... 54

11.4 CONTRACTOR's Daily Extra Work Report................................................................................. 55

11.5 CONTRACTOR Shall Provide Notice .......................................................................................... 55

11.6 Costs Related to Weather/Force Majeure....................................................................................... 56 ARTICLE 12 – CHANGE OF CONTRACT TIMES

12.1 General ............................................................................................................................................ 56

12.2 Extensions of Contract Times for Delay Due to Weather ............................................................. 57

12.3 Ownership of Project Schedule Float/Early Completion............................................................... 57

12.4 Extensions of Time Liquidated Damages ...................................................................................... 57 ARTICLE 13 – INSPECTIONS AND TESTS; CORRECTION, REMOVAL, OR ACCEPTANCE

OF DEFECTIVE WORK

13.1 Authority of Inspector..................................................................................................................... 58

13.2 Inspection ........................................................................................................................................ 58

13.3 Notice of Defective Work............................................................................................................... 58

13.4 Access to Work ............................................................................................................................... 58

13.5 Inspections and Tests ...................................................................................................................... 58

13.6 The City May Stop the Work.......................................................................................................... 60

13.7 Correction or Removal of Defective Work .................................................................................... 60

13.8 Acceptance of Defective Work....................................................................................................... 60

13.9 The City May Correct Defective Work.......................................................................................... 60

13.10 Correction Period ............................................................................................................................ 61 ARTICLE 14 – PAYMENTS TO CONTRACTOR, RETENTION AND COMPLETION

14.1 Application for Progress Payment.................................................................................................. 61

14.2 Unit Price Bid Schedule.................................................................................................................. 64

14.3 Schedule of Values (Lump Sum Price Breakdown) ...................................................................... 64

14.4 Allowances ...................................................................................................................................... 64

14.5 Waiver, Conditional Release, Release of Claims (Forms) ............................................................ 65

14.6 Retention ......................................................................................................................................... 71

14.7 Substitution of Securities, Escrow Account ................................................................................... 71

14.8 CONTRACTOR's Warranty of Title, Assignment of Antitrust Actions....................................... 72

14.9 Review of Application for Progress Payment ................................................................................ 72

14.10 Partial Occupation / Utilization ...................................................................................................... 74

14.11 Project Completion.......................................................................................................................... 74

14.12 Final Application for Payment........................................................................................................ 75

14.13 Final Payment and Acceptance....................................................................................................... 75

14.14 Release of Retention and Other Deductions................................................................................... 76 ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION

15.1 City's Right to Terminate Agreement............................................................................................. 76

15.2 Termination of the Agreement by the City for Convenience ........................................................ 77 ARTICLE 16 – CONSTRUCTION CLAIMS, WAIVER AND RELEASE FORMS, DISPUTES,

FALSE CLAIMS ACT

16.1 CONTRACTOR Claims................................................................................................................. 78

16.2 Disputes – The City's and Engineer's Decisions ............................................................................ 79

16.3 False Claims Act Certification........................................................................................................ 80 Resolution No. 2024-106
Exhibit "A"

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ARTICLE 17 – MISCELLANEOUS

17.1 Giving Notice .................................................................................................................................. 80

17.2 Title to Materials Found on the Work ............................................................................................ 81

17.3 Right to Audit.................................................................................................................................. 81

17.4 Survival of Obligations ................................................................................................................... 81

17.5 Controlling Law .............................................................................................................................. 81

17.6 Severability...................................................................................................................................... 81

17.7 Waiver ............................................................................................................................................. 81

17.8 Prohibited Interests.......................................................................................................................... 82

17.9 California Public Contract Code § 9204....................................................................................... 82

17.10 California Public Contract Code § 20104..................................................................................... 85

17.11 California Public Contract Code § 20104.2.................................................................................. 85

17.12 California Public Contract Code § 20104.4.................................................................................. 86

17.13 California Public Contract Code § 20104.6.................................................................................. 87 Resolution No. 2024-106
Exhibit "A"

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ARTICLE 1 – DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated in this Article 1, with meanings applicable to both the singular and plural forms thereof. Descriptions of these terms are binding, and form an integral part of these General Conditions.

Addenda – Written or graphic representations issued prior to the opening of Bids which make additions, deletions, or revisions to the Contract Documents.

Agreement – The written Public Improvement Agreement Contract between the City and the CONTRACTOR covering the Work to be performed; other documents are attached to the Agreement and made a part thereof as provided therein.

Application for Payment – The form accepted by the City which is to be used by the CONTRACTOR to request progress payments or final payment and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

Approval – The written authorization by the Engineer or City for specific applications. Approvals required by the Escondido City Council shall mean the approval of a specific resolution by that Council.

Asbestos – Any material that contains more than one percent (1%) asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.

As directed, accepted, rejected, approved, or others of similar meaning which authorize any exercise of judgment shall be distinctly understood to mean that such power to direct, accept, reject, and approve shall be vested only in the City and/or the Engineer.

As shown, as indicated, and as detailed refer to drawings accompanying the specification.

Bid – The offer or proposal of the Bidder, submitted on the prescribed form, setting forth the price or prices for the Work.

Bonds – Bid, performance, and Payment Bonds as well as other instruments of security.

Called For – As called for, shown, noted, and/or indicated in the specifications and/or drawings.

City – The City of Escondido with whom the CONTRACTOR has entered into the Agreement and for whom the Work is to be provided.

Clarification – A document issued by the Engineer to the CONTRACTOR that interprets the requirement(s) and/or design intent of the Contract Documents, which may not represent an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times.

Competent Person – "One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and has authorization to take prompt corrective measures to eliminate them." Excerpt from the California Occupational Safety and Health Standards Board.

Confined Space – "Confined space means a space that:
(1) Is large enough and so configured that an employee can bodily enter and perform assigned work;
(2) Has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and (3) Is not designed for continuous employee occupancy." Excerpt from Title 8, General Industry Safety Orders Section 5157.

Construction Administration Documents: Terms, uses and protocols- Notwithstanding any other provisions in the General Conditions, the following terms and definitions shall be used. (1) CCD – The term "CCD" shall mean Construction Change Directive. The CCD is a written instrument prepared by the City or its designee and submitted to the CONTRACTOR. The CCD is a written order directing a change in the Work and stating the required pricing method, if any, in the contract sum, and the Contract Time adjusted to reflect a previously approved Fragnet, if any. The CCD, without invalidating the Contract, may order changes in the Work within the general scope of the Contract, consisting of additions, deletions, or other revisions within. The CCD shall become Resolution No. 2024-106
Exhibit "A"

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effective when the City has signed the CCD (CONTRACTOR signature is not required).

If the CCD results in additional time, the CONTRACTOR shall provide a Fragnet Submittal within fourteen (14) days. If the Fragnet Submittal is approved, the Contract Time adjustmentshall be incorporated into originating CCD, or incorporated into a separate CCD and/or a Change Order (CO). The approved Fragnet, if any, shall become incorporated into the next monthly schedule update to reflect the time impact(s). (2) CO – The term "CO" shall mean Change Order. The Change Order shall state the change in Work and the contract sum and/or time adjustments, if any. RFP's, FO's and/or CCDs may be incorporated into a Change Order after any adjustments in the contract sum and/or time have been reviewed and accepted by the City. The Change Order and items contained therein cannot be incorporated into the progress payments until the Change Order has been fully executed and accepted by the Contractor and the City. (3) COR – The term "COR" shall mean Change Order Request. The COR is a written instrument prepared by the CONTRACTOR and submitted to the City. The COR is the CONTRACTOR's method for requesting the full and complete terms for changes in the contract sum and/or time, if any. All of the terms of the COR need to be presented without reservations so that the City and/or Engineer can consider the full impact of the COR. The request shall provide an explanation of the basis for entitlement referenced by or based on the Contract Documents. The City shall endeavor to respond to the COR on or within twenty-one (21) days of receipt.
(4) FO – The term "FO" shall mean Field Order. A Field Order may be approved by the Inspector, at the City's discretion. A written order signed by the City, which may or may not involve a change in the Work, without invalidating the Contract, within the general scope of the Contract. If the FO results in additional time, the CONTRACTOR shall provide a Fragnet Submittal within fourteen (14) days. If the Fragnet Submittal is approved, the Contract Time adjustment shall be incorporated into the next monthly schedule update to reflect the time impact, if any.
(5) RFI – The term "RFI" shall mean Request for Information. An RFI is a written instrument prepared by the CONTRACTOR and submitted to the City or its designee. An RFI shall be considered a tool for requesting additional information above and beyond that which is available in the Contract Documents and all reference standards, as well as fulfilling the Contract coordination requirements for which the CONTRACTOR is obligated to perform. The RFI shall not be used for requesting design and/or material substitutions.

Prior to issuing an RFI, the CONTRACTOR, Subcontractors, material suppliers and the like shall thoroughly review the Contract Documents and refer to all reference standards for the information sought.

When submitting an RFI, the document shall specify the date issued and the date the information is needed by. However, the contractual response time shall be fourteen (14) days from the date the City or its designee receives the RFI. The CONTRACTOR shall plan its work and submit questions in sufficient time to accommodate the response time.

For those contracts requiring a CPM schedule, the CONTRACTOR shall include in the RFI the CPM Activity Number and the originating Subcontractor.

The CONTRACTOR shall make efforts to coordinate the work in a timely fashion so as to alleviate priority RFIs. If the RFI is considered a priority, the CONTRACTOR shall state the word "Priority" on the document, and the CONTRACTOR shall provide weekly Resolution No. 2024-106
Exhibit "A"

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RFI Priority Schedules. The CONTRACTOR shall issue and maintain weekly RFI Priority Schedules.

The RFI Priority Schedule shall include a listing of pending requests, including the most current request, which ranks the RFIs in order of priority. The Engineer shall endeavor to respect the CONTRACTOR'srequested order of priorities and requested response dates.

The Engineer's response to the RFI shall be considered a Supplemental Instruction (SI) in which the contract sum and/or time is not altered. If the RFI response alters the contract sum and/or time, a Construction Change Directive (CCD) or a Request for Proposal (RFP) may be issued for the changed condition(s).

Should the CONTRACTOR determine the response to the RFI creates changes in the contract sum and/or time, the CONTRACTOR must submit a Change Order Request (COR) to the City for review and decision along with a Fragnet if required. (6) RFP – The term "RFP" shall mean Request for Proposal. The RFP is a written instrument prepared by the City and submitted to the CONTRACTOR. The RFP is a request for changes in the contract sum and/or time, and a proposal for potential change in contract conditions, for which the contract sum and/or time may or may not be affected. The CONTRACTOR shall provide the full and complete terms of the request in a Change Order Request (COR) within fourteen (14) days: If the RFP results in added time, the CONTRACTOR shall provide a Fragnet Submittal within the same fourteen (14) days.

If the City accepts the full terms of the RFP, the RFP shall be incorporated into a Construction Change Directive (CCD) and/or a Change Order (CO), and/or a Field Order (FO) and the approved Fragnet, if any, shall become incorporated into the next monthly schedule update to reflect the time impact(s).
(7) SI – The term "SI" shall mean Supplemental Instruction. The SI is a written instrument prepared by the Engineer and submitted to the CONTRACTOR. The SI can order changes in the Work that do not affect the contract sum and/or time. Supplemental Instructions can also be made in an RFI response by issuing a formal SI document or by written letter from the City's or its designee's office.

Contract Price – The total monies payable by the City to the CONTRACTOR under the terms and conditions of the Contract Documents.

Contract Time – The duration of the Project as defined in the Agreement.

Contractor – The individual, partnership, corporation, joint venture, or other legal entity with whom the City has executed the Agreement.

Day – Days shall be considered calendar days and measured from midnight to the next midnight.

Defective work- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents; or Work that has been damaged prior to the final payment.

Deficiency List – A list maintained by the City, representing an ongoing list of items that do not conform to the Contract Documents. The Deficiency List is added to the Punch-List when the CONTRACTOR asserts that the Work is complete.

Deficiency Notice – A notice from the City to the CONTRACTOR describing work that does not conform to the Contract Documents.

Delay Days – Delay Days shall be considered working days. Assuming a 5-day workweek, delay days shall be converted into calendar days by a factor of 1.4. Hence 10 Delay Days equal 14 Calendar Days.

Delay Days will be evaluated and identified as one of the three categories listed below. Excusable delays will create adjustments in the Contract Time. Compensable delays will create Resolution No. 2024-106
Exhibit "A"

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adjustments in both the contract sum and Contract Time. In the event of concurrent delays caused by the City and CONTRACTOR or its subcontractors, material men or suppliers, no delay damages are recoverable by either the City or the CONTRACTOR, but an extension in time shall be granted for each contemporaneous Delay Day occurring on the critical path. Contemporaneous delays shall be evaluated using a schedule fragnet(s), schedule updates, daily reports, notices, and any other records of delaying events. In the event of a delay, the CONTRACTOR shall provide a Notice of Delay in accordance with Article 11.5 "CONTRACTOR SHALL PROVIDE NOTICE" and submit a schedule fragnet depicting the delay with all substantiating documentation within fourteen (14) days of the event.

Excusable & Compensable Excusable & Non-Compensable Inexcusable Delays caused by the City,
the Engineer, or the City's
separate Contractor(s).

1. Unusual weather

2. Strikes or labor shortages

3. Acts of God

4. Fires, war, acts of
government & pestilence

5. Unusual and unanticipated
delays in manufacturing
and/or deliveries of materials
and/or equipment

6. Concurrent Delays
Delays caused by the

CONTRACTOR,
Subcontractor(s),
material-men or suppliers.
(1) Concurrent Delay – Delays caused by both the Contractor and the City and occurring at the same time; existing together, relating to same activity or activities, and affecting the critical path.
(2) Contemporaneous Delay – Delays existing or happening in the same period of time.

Drawings – The drawings, plans, maps, profiles, diagrams, and other graphic representations which indicate the character, location, nature, extent, and scope of the Work and which have been prepared by the Engineer and are included and/or referred to in the Contract Documents. Shop Drawings are not Drawings as so defined.

Effective Date of the Agreement – The Effective Date is indicated in the Agreement, but if no such date is indicated, the Effective Date is when the Agreement is signed and delivered by the last of the two parties.

Engineer – The individual, partnership, corporation, joint venture, or other legal entity designated by the City, if any is so designated, in the Supplementary General Conditions. Such designation may include more than one individual or entity, and may be changed by the City with written notification to the CONTRACTOR.

Engineer of Work - The responsible Engineer who wet stamped and signed the Contract Specifications and Drawings. The responsibilities of the Engineer of Work are set forth in California Business and Professions code and other laws as may be applicable. The responsibilities under law of the Engineer of Work are not modified by these General Conditions.

Fragnet –Also known as a "Sub-network." Refer to the specification section titled CONSTRUCTION SCHEDULING for the definition of a Fragnet and the requirements thereof. A Fragnet will be required for time impact analysis and time extensions. CONTRACTOR's failure to provide a Notice of Delay within 24 hours, and submit a Fragnet for time impact analysis and time extension(s) on or within 14 days of the delaying event, shall forfeit and invalidate all considerations for time and/or payment. (Refer to the definition of "Delay Days" for additional information.) The costs to prepare Fragnets and schedule updates resulting from approved Fragnets Resolution No. 2024-106
Exhibit "A"

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are part of the Work, regardless of number and difficulty. The City will provide a response to the Fragnet on or within 14 days.

Hazardous Waste – The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6906), as amended from time to time.

Inspector – The City's appointed representative(s) for inspection of in-progress or completed Work.

Laws and Regulations; Laws or Regulations – Any and all applicable laws, rules, regulations, ordinances, codes, and/or orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction.

Materials – Materials incorporated in the project or used or consumed in the performance of the Work.

Milestone – A principal event specified in the Contract Documents relating to an intermediate completion date of a separately identifiable part of the Work or a period of time within which the separately identifiable part of the Work should be performed prior to Project Completion of all the Work.

Notice of Award – The written notice by the City to the apparent successful bidder stating that, upon compliance by the apparent successful bidder with the precedent conditions enumerated therein within the time specified, the City will enter into an Agreement.

Notice of Completion – A form signed by the City indicating that the Work is Complete ("Project Completion") and stating the date of completion. After acceptance of the Work by the City's governing body, the Escondido City Council, and due authority is given to the Deputy Director of Public Works, the form is signed by the Deputy Director of Public Works and filed with the San Diego County Recorder.

This filing starts the 30-day lien filing period on the Work.

Notice to Proceed – The written notice issued by the City to the CONTRACTOR authorizing the CONTRACTOR to proceed with the Work and establishing the date of commencement of the Contract Times.

Partial Utilization – Use by the City of a completed part of the Work for the purpose for which it is intended prior to Project Completion.

Project – The total construction project of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents.

Project Completion – The acceptance by the Escondido City Council of the Work of improvement (as in the Notice of Completion).

Project Documents and/or Contract Documents – Includes collectively, to wit: Notice Inviting Sealed Bids/Notice to Contractors, Instructions to Bidders, Bid Form, Designation of Subcontractors, Workers' Compensation Certificate, Change Orders, Shop Drawing Transmittals, Information Required of CONTRACTOR, Non-collusion Affadavit, Faithful Performance Bond, Payment Bond, Insurance Certificates, Guarantees, General Conditions, Supplementary General Conditions, Special Conditions, Plans, Drawings, Specifications, the Agreement and all modifications, addenda, and amendments thereto.

Provide – Term shall include "provide complete in place," that is, "furnish and install." Punch–List – A list generated by the Engineer, in conjunction with the City, of missing work, of damaged existing facilities, and a list of any and all work described by the Contract Documents that has not been completed in conformance with the Contract Documents. A Punch-List may be amended by the City from time to time based on the results of CONTRACTOR re-work and the discovery of additional nonconforming work.

Resident Project Representative – The authorized representative of the City/Engineer who is assigned to the Site or any part thereof.

Safety Orders/Records – Those issued by the Division of Industrial Safety and OSHA standards for construction.

Samples – Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.

Shop Drawings – All drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by or for the CONTRACTOR and submitted by the CONTRACTOR to illustrate some portion of the Work.

Resolution No. 2024-106
Exhibit "A"

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Site – The physical locale where the Project is to be constructed, including all public rights-of-way, utilities, improvements, and shall be limited solely by formal, recorded property lines adjacent to the physical locale where the Project is to be constructed.

Specifications – Those technical or additional project management provisions that are binding on the Work as described in the Supplementary General Conditions.

Stipulated Prices or Markups – Prices or markups set forth as a condition of the Contract.

Stop Notice – A legal remedy for subcontractors and suppliers who contribute to public works but who are not paid for their work, which secures payment from construction funds possessed by the City. The Stop Notice may also be issued by public entities, such as the department of Labor, as a notice to withhold due to failure to pay the required wages to workers.

Subcontractor – A licensed entity of any tier (whether having a direct contractual relationship with Contractor or another Subcontractor) that provides labor to the Project and/or furnishes material worked to a special design according to plans, drawings, and specifications of this work, but does not include one who merely furnishes material not so worked.

Supplementary General Conditions – The part of the Contract Documents which make additions, deletions, or revisions to these General Conditions.

Supplier – A manufacturer, fabricator, distributor, material-man, or vendor having a direct contract with the CONTRACTOR or with any Subcontractor to furnish materials, equipment, or product to be incorporated in the WORK by the CONTRACTOR or any Subcontractor.

Surety – The person, firm, or corporation that executes as surety the CONTRACTOR's Bid Security, faithful performance bond and/or payment bond.

Utilities – All pipelines, conduits, ducts, cables, wires, tracks, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities which have been installed underground or above the ground to furnish any of the following services or materials: water, sewage, sludge, drainage, fluids, electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, traffic control, or other control systems.

Work – The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents.

Workers – Workers include laborers, workers, and mechanics.

ARTICLE 2 – PRELIMINARY MATTERS

2.1 DELIVERY OF BONDS AND INSURANCE CERTIFICATES. When the CONTRACTOR delivers the signed Agreement to the City, the CONTRACTOR shall also deliver to the City such Bonds and insurance policies and certificates and documents as the CONTRACTOR may be required to furnish in accordance with the Contract Documents.

2.2 COPIES OF DOCUMENTS. The City will furnish to the CONTRACTOR as many copies of the Contract Documents specified in the Instructions to Bidders. Additional copies will be provided, upon request, at the cost of duplication.

2.3 ESCROW OF BID DOCUMENTS
A. SCOPE:

1. The CONTRACTOR shall submit, within ten (10) days after the award of contract one (1) copy of all documentary information generated in preparation of the bid price for the project. This material is hereinafter referred to as the "Escrow Bid Documents." The Escrow Bid Documents will be held in escrow for the duration of the contract.

Resolution No. 2024-106
Exhibit "A"

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2. The CONTRACTOR agrees that the Escrow Bid Documents constitute all of the information used in preparation of the bid, and that no other bid preparation information will be considered in resolving claims.

3. Nothing in the Escrow Bid Documents shall change or modify the terms or conditions of the Contract.

B. PROPERTY: The Escrow Bid Documents are and will always remain the property of the CONTRACTOR, subject only to joint review by the City and the CONTRACTOR, as provided in paragraph (G) "EXAMINATION." The City stipulates and expressly acknowledges that the Escrow Bid Documents constitute trade secrets and are proprietary and confidential. This acknowledgment is based on the City's express understanding that the information contained in the Escrow Bid Documents is not known outside the CONTRACTOR's business, is known only to a limited extent and only by a limited number of employees of the CONTRACTOR, is safeguarded while in CONTRACTOR's possession, is extremely valuable to CONTRACTOR and could be extremely valuable to CONTRACTOR's competitors by virtue of it reflecting CONTRACTOR's contemplated techniques of construction. The City acknowledges that the CONTRACTOR expended substantial sums of money in developing the information included in the Escrow Bid Documents and further acknowledges that it would be difficult for a competitor to replicate the information contained therein. The City further acknowledges that the Escrow Bid Documents and the information used in the CONTRACTOR's business were intended to give the CONTRACTOR an opportunity to obtain an advantage over competitors who do not know of or use the contents of the documentation. The City agrees to safeguard the Escrow Bid Documents and all the information contained therein against disclosure to the fullest extent permitted by law.

C. PURPOSE: Escrow Bid Documents will be used to assist in the negotiation for the settlement of claims. They will not be used for evaluation of the CONTRACTOR's anticipated methods of construction or to assess the CONTRACTOR's qualification for performing the Work.

D. FORMAT AND CONTENTS:

1. CONTRACTOR may submit Escrow Bid Documents in the usual cost-estimating format. Escrow Bid Documents shall be adequate to enable complete understanding and proper interpretation for their intended use.

2. Escrow Bid Documents shall clearly itemize the estimated costs of performing the Work. Items shall be separated into sub-items as required to present a complete and detailed cost estimate and allow a detailed cost review. The Escrow Bid Documents shall include all quantity takeoffs, labor, equipment, calculations of rate production and progress, copies of quotations from Subcontractors and suppliers, memoranda, narratives, consultant's reports, add/deduct sheets, and all other information used by the CONTRACTOR to arrive at the prices contained in the bid proposal.

Estimated costs shall be broken down into the CONTRACTOR's usual estimate categories such as direct labor, repair labor, material, equipment, construction equipment operation, construction equipment ownership, expendable materials, materials and Subcontractor cost as appropriate. Plant and equipment, indirect costs shall be detailed in the CONTRACTOR's usual format. The CONTRACTOR's allocation of plant and equipment, indirect costs, contingencies, markup and other items shall be included.

3. All costs shall be identified for all items. Sub-items amounting to less than $10,000.00 estimated unit costs are acceptable without a detailed cost estimate, Resolution No. 2024-106
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provided that labor, equipment, materials, construction equipment, expendable materials and subcontracts, as applicable, are included, provided that indirect costs, contingencies, and markups, as applicable, are allocated.

4. Bidding materials provided by the City shall not be included in the Escrow Bid Documents unless needed to comply with the requirements of this specification.

E. SUBMITTAL:

1. The Escrow Bid Documents shall be submitted by the CONTRACTOR in a sealed container(s) within 10 days after the day of award of the contract. The container shall be clearly marked on the outside with the CONTRACTOR's name, date of submittal, project name and the words "Escrow Bid Documents."

2. The Escrow Bid Documents shall be accompanied by an index to inventory the contents of the submittal and a Bid Documentation Certification, signed by the individual who executed the bidding proposal, stating that the material in the Escrow Bid Documents constitutes all documentary information used in preparation of the bid and that he/she has personally examined the contents of the Escrow Bid Documents container and has found that the documents in the container(s) are complete and organized as shown by the CONTRACTOR's index.

3. The City shall examine the index. This examination is to ensure that the index is detailed and complete and conforms to the "format and contents" as stated in paragraph (D) above. If all the documentation required in paragraph (D) "FORMAT AND CONTENTS" has not been indexed in the original submittal a revised index shall be submitted at the CITY's discretion. Timely submission of complete Escrow Bid Documents is an essential element of the CONTRACTOR's responsibility.

Failure to provide the necessary Escrow Bid Documents may be sufficient cause for the CITY to assess damages under the contract. If the CONTRACTOR's proposal is based on subcontracting any part of the Work, each Subcontractor, whose total subcontract price exceeds the lesser of five percent (5%) of the total contract price proposed by the CONTRACTOR or $200,000 shall provide separate Escrow Bid Documents to be submitted with those of the CONTRACTOR. These submittals will be examined in the same manner and at the same time as the examination described above. If the CONTRACTOR wishes to subcontract any portion of the Work or requests substitutions of any Subcontractor after award, the CITY retains the right to require the CONTRACTOR to submit Escrow Bid Documents from the proposed Subcontractor before the subcontract or substitution is approved.

F. STORAGE: The escrow bid documents will be placed in escrow, for the life of the contract, in a mutually agreeable institution. The city will pay the cost of storage.

G. EXAMINATION:

1. The Escrow Bid Documents shall be examined by the City, the Engineer and CONTRACTOR, at any time deemed necessary by either the City or the CONTRACTOR, to assist in the negotiation for the settlement of claims.

2. Examination of the Escrow Bid Documents is subject to the following conditions:
a. As trade secrets, the Escrow Bid Documents are proprietary and confidential as described in paragraph (B).

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b. The City and the CONTRACTOR shall each designate, in writing to the other party and a minimum of five (5) days prior to examination, representatives who are authorized to examine the Escrow Bid Documents.

No other person shall have access to the Escrow Bid Documents. c. Access to the Escrow Bid Documents under this paragraph will take place only in the presence of duly designed representatives of both the City and the CONTRACTOR.

H. FINAL DISPOSITION: The escrow bid documents will be returned to the contractor at such time as the contract has been completed and final settlement has been achieved.

2.4 COMMENCEMENT OF CONTRACT TIMES; NOTICE TO PROCEED. The Contract Times will start to run on the commencement date stated in the Notice to Proceed.

2.5 STARTING THE WORK
A. The CONTRACTOR shall begin to perform the Work on the commencement date stated in the Notice to Proceed, but no Work shall be done at the Site prior to said commencement date. The Work shall be commenced immediately after Notice to Proceed, and shall be diligently prosecuted until completion.

B. Before undertaking each part of the Work, the CONTRACTOR shall review the Contract Documents in accordance with Article 3 of these General Conditions.

2.6 CONTINUING THE WORK. The CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as the CONTRACTOR and the City may otherwise agree in writing.

2.7 PRECONSTRUCTION MEETING. A preconstruction meeting shall be called after the award and execution of the Contract and prior to construction. The CONTRACTOR (a Principal and Project Superintendent) shall attend. The CONTRACTOR shall plan on spending no less than four (4) hours of time with Subcontractor(s) and project superintendent(s) for this meeting.

2.8 CITY OBSERVED HOLIDAYS. CONTRACTOR is required to observe City holidays. The City observes the following holidays:

1. New Years Day

2. Martin Luther King, Jr. Day

3. Presidents' Day

4. Memorial Day

5. Independence Day

6. Labor Day

7. Veterans Day

8. Thanksgiving Day

9. Day after Thanksgiving

10. Christmas Day
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ARTICLE 3 – INTENT AND USE OF CONTRACT DOCUMENTS

3.1 CONTRACTOR MUST REVIEW CONTRACT DOCUMENTS, DRAWINGS AND

SPECIFICATIONS
A. Drawings and Specifications are intended to be complementary (that which is required by one shall be required by the other; to the extent there is more than one reference which exists, the reference requiring the more stringent and/or best standards and requirements shall be furnished and installed) and delineate and describe the Project and its component parts to such a degree as will enable a skilled and competent CONTRACTOR to intelligently bid upon the Work, coordinate the Work and to carry out the Work to a successful conclusion. If, as and to the extent that Public Contract Code section 1104 is deemed to apply after the Award of Contract, CONTRACTOR shall not be required to assume responsibility for the completeness and accuracy of architectural or engineering plans and specifications, notwithstanding any other provision in the Project Documents, except to the extent that CONTRACTOR discovered or should have discovered and reported any errors and omissions to the City, including but not limited to as the result of any review of the plans and specifications by CONTRACTOR required by the Instructions to Bidders or other Project Documents, whether or not actually performed by CONTRACTOR.

B. Drawings and Specifications are intended to comply with all laws, ordinances, rules and regulations of constituted authorities having jurisdiction, and where referred to in the Project Documents, these laws, ordinances, rules and regulations shall be considered as a part of the Agreement within the limits specified. The CONTRACTOR shall bear all expenses of correcting Work done contrary to applicable laws, ordinances, rules and regulations and if the CONTRACTOR performed the Work (1) without first consulting the City for further instructions regarding the Work, or (2) disregarded the City's instructions regarding the Work.

C. Questions regarding interpretation of drawings and specifications shall be submitted in writing to be clarified by the City; provided, however, that in the event the City determines that CONTRACTORS requests for information (RFI's) are not justified or do not reflect adequate or competent supervision, coordination, and / or knowledge by the CONTRACTOR or its Subcontractors, CONTRACTOR shall be required to pay the City's reasonable and customary fees in processing and responding to such requests. Should the CONTRACTOR commence Work or any part thereof without seeking clarification, and/or performing its own coordination obligations, the CONTRACTOR waives any claim for extra Work or damages as a result of any ambiguity, conflict or lack of information.

D. Figured dimensions on drawings shall govern, but Work not dimensioned or misdescribed shall be as directed. Work not particularly shown, mis-described or specified shall be the same as similar parts that are shown or specified. Large scale drawings shall take precedence over smaller scale drawings as to shape and details of construction.

Specifications shall govern as to materials, workmanship, and installation procedures.

Drawings and specifications are intended to be fully cooperative and to agree. If through the process of contract-required coordination, CONTRACTOR observes that drawings and specifications are in conflict, CONTRACTOR shall promptly notify the City in writing, and any necessary changes shall be adjusted as provided in Article 10 titled CHANGES IN THE Work; provided, however, that the specification calling for the higher quality material or workmanship shall prevail without additional cost to the City.

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E. Materials or Work described in words, which so applied, have a well known technical or trade meaning shall be deemed to refer to such recognized standards.

F. It is not the intention of the Agreement to go into detailed descriptions of any materials and/or methods commonly known to the trade under "trade name" or "trade term." The mere mention or notation of such "trade name" or "trade term" shall be considered a sufficient notice to CONTRACTOR that it will be required to complete the Work so named with all its incidental and accessory items according to the best practices of the trade.

G. The naming of any material and/or equipment shall mean furnishing and installing, including all incidental and accessory items thereto and/or labor necessary to achieve full and complete functioning of the material and/or equipment according to the best practices of the trade(s) involved, unless specifically noted otherwise.

3.2 AGREEMENT TO THOROUGHLY REVIEW DETAIL DRAWINGS AND INSTRUCTIONS A. All parts of the described and shown construction drawings shall be of the best quality of their respective kinds and in executing the Agreement, the CONTRACTOR agrees to use all diligence to become fully informed as to the required construction and finish, and in no case to proceed with the different parts of the Work without obtaining first from the City such directions and/or drawings as may be necessary for the proper performance of the Work.

B. In case of ambiguity, conflict, or lack of information, the City shall furnish additional instructions by means of drawings or otherwise, as necessary for proper execution of the Work. All such drawings and instructions shall be consistent with Project Documents, true developments thereof, and reasonably inferable therefrom. Such additional instructions shall be furnished with reasonable promptness, provided that CONTRACTOR informs the City of the relationship of the request to the critical path of construction. Refer to the term, use and protocol of an RFI defined in Article 1 entitled "Definitions" under "Construction Administration Documents."
C. Work shall be executed in conformity therewith and CONTRACTOR shall do no Work without proper drawings and instructions.

D. The City may furnish necessary additional details to more fully explain the Work, which details shall be considered as part of the Project Documents.

E. Should any details be more elaborate, in the opinion of the CONTRACTOR, than scale drawings and specifications warrant, CONTRACTOR shall give written notice thereof to the Engineer within 21 days of receipt. In case no notice is given to the Engineer within 21 days, it will be assumed the details are reasonable development of the scale drawings.

In case proper notice is given, then it will be considered, and if found justified, the Engineer will either modify the drawings or shall recommend a change order for any extra Work that may be involved.

F. If it is found at any time, before or after completion of the Work, that the CONTRACTOR has varied from the drawings and/or specifications, in materials, quality, form, finish, or in the amount or value of the materials and labor used, the City shall take the issue under advisement and consider the following options:

1. That all such improper Work should be removed, remade, replaced, and all Work disturbed by these changes be made good at the CONTRACTOR's expense; or Resolution No. 2024-106
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2. That the City deduct from any amount due CONTRACTOR, the sum of money equivalent to the difference in value between the Work performed and that called for by the drawings and specifications. The City shall determine such difference in value. The City, at its option, may pursue a recommendation made by the Engineer.

3.3 REFERENCED STANDARD. No provision of any referenced standard specification, manual or code shall be effective to change the duties and responsibilities of the City, the CONTRACTOR, the Engineer, or any of their consultants, agents, or employees, from those set forth in the Contract Documents, nor shall it be effective to assign to the City, Engineer, or any of Engineer's consultants, agents, or employees any duty or authority to direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.

3.4 AMENDING CONTRACT DOCUMENTS. The Contract Documents may be amended only in writing to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order (pursuant to Article 10-CHANGES IN THE WORK).

3.5 NO ASSIGNMENT. The CONTRACTOR shall not assign, transfer, convey, sublet or otherwise dispose of this Agreement or of its rights, title or interest in or to the same or any part thereof. If the CONTRACTOR shall assign, transfer, convey, sublet or otherwise dispose of the Agreement or its right, title or interest therein, or any part thereof, such attempted or purported assignment, transfer, conveyance, sublease or other disposition shall be null, void and of no legal effect whatsoever; and the Agreement may, at the option of the City, be terminated, revoked and annulled, and the City shall thereupon be relieved and discharged from any and all liability and obligations growing out of the same to the CONTRACTOR, and to its purported assignee or transferee.

3.6 REUSE OF DOCUMENTS. Neither the CONTRACTOR, nor any Subcontractor or Supplier, nor any other person or organization performing any of the Work under a contract with the City shall have or acquire any title to or ownership rights in any of the Drawings, Technical Specifications, or other documents used on the Work, and they shall not reuse any of them on the extensions of the Project or any other project without written consent of City.

ARTICLE 4 – SITE OF THE WORK

4.1 AVAILABILITY OF LANDS. The City will furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the City, unless otherwise provided in the Contract Documents. Nothing contained in the Contract Documents shall be interpreted as giving the CONTRACTOR exclusive occupancy of the lands or rights-of-way provided. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment; provided, that the CONTRACTOR shall not enter upon nor use any property not under the control of the City until a written temporary construction easement agreement has been executed by the CONTRACTOR and the property owner, and a copy of said easement furnished to the Engineer prior to said use; and, neither the City nor the Engineer will be liable for any claims or damages resulting from the CONTRACTOR's trespass on or use of any such properties. The CONTRACTOR shall provide the City with a signed release from the property owner confirming that the lands have been satisfactorily restored upon completion of the Work.

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4.2 SOILS INVESTIGATION REPORT & CLAIMS FOR CONCEALED OR UNKNOWN

CONDITIONS
A. SUBSURFACE EXPLORATIONS: Reference is made to the Supplementary General Conditions for identification of those reports of explorations and tests, if any, of subsurface conditions at the Site that have been utilized by the City or its Engineer in the preparation of the Contract Documents.

B. SOILS INVESTIGATION REPORT. When a soils investigation report has been prepared or referenced by the City or its Engineer to assist with the design of the facility, such report is available for the CONTRACTOR's use in preparing its bid and Work under this Agreement. All soil and test-hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Geotechnical reports for the test holes, if any, which have been drilled are available from the City. Any additional subsurface exploration shall be done by the CONTRACTOR or Bidder at their own expense. The indicated elevation of a water table is that which existed on the date when test holes were made and the level of the groundwater was determined. It is the CONTRACTOR's responsibility to determine the level of ground water or water table at the time of project construction. A difference in elevation between the level of ground water or water table indicated on the soil boring logs and groundwater actually encountered during construction is a risk of the CONTRACTOR's bid amount, and will not be considered as a basis for extra Work or additional compensation.

C. CONTRACTOR SHALL NOTIFY THE CITY OF UNKNOWN CONDITIONS. If, during the course of Work under this Agreement, CONTRACTOR encounters subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents, or unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in contract activities of the character provided for in the Contract Documents, then CONTRACTOR shall notify the City of the discovery of the condition before the condition is materially changed, disturbed and/or covered, and before any additional Work is performed. The CONTRACTOR must notify the City, in writing of unforeseen conditions, or differing Site conditions, promptly upon their discovery and before they are disturbed.

Reference Article 11.5 "CONTRACTOR SHALL PROVIDE NOTICE".

D. WARNING: THE CITY DOES NOT WARRANT THE SOILS AT THE PROJECT SITE. SOILS INVESTIGATION REPORTS ARE PROVIDED FOR CONTRACTOR'S INFORMATION ONLY. THE CITY OF ESCONDIDO DOES NOT WARRANT THE

SOILS CONDITIONS OF THE SITE AND CONTRACTOR IS FULLY

RESPONSIBLE TO ASCERTAIN SITE CONDITIONS FOR THE PURPOSES OF

DETERMINING CONSTRUCTION MEANS AND METHODS PRIOR TO
COMMENCING CONSTRUCTION. IF ANY CONTRACTOR WISHES TO PERFORM

A PRE-BID SITE INSPECTION, WHICH INCLUDES SOILS TESTING, A METHOD TO DO SO IS AVAILABLE AND IS DESCRIBED IN PARAGRAPHS 4.7 and 4.8 OF THE "INSTRUCTIONS TO BIDDERS".

4.3 PHYSICAL CONDITIONS - UNDERGROUND UTILITIES
A. The information and data indicated in the Contract Documents with respect to existing underground Utilities at or contiguous to the Site are based on information and data furnished to the City or the Engineer by the owners of such underground Utilities. The Contract plans depict the various utilities as they are believed to exist, however, the Resolution No. 2024-106
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CONTRACTOR shall not rely on the locations and depths indicated. The CONTRACTOR shall comply with California Government Code Section 4216 ("Section 4216"). The CONTRACTOR shall determine the location and depth of all utilities that are indicated and those that are not indicated as follows:

1. As provided in Section 4216, at least 2 working days prior to commencing any excavation, but not more than 14 calendar days, the CONTRACTOR shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. Refer to Article 6.28.

2. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the CONTRACTOR shall assume that every property parcel will be served by a service connection of each type of utility.

3. Section 4216 does not require the Local Agency to mark out non-pressurized sewer lines, non-pressurized storm drains or other non-pressurized drain lines.

4. The California Department of Transportation, CALTRANS, is not required by Section 4216 to become a member of the regional notification center. The CONTRACTOR shall call CALTRANS directly for location of its subsurface installations.

5. The CONTRACTOR shall determine the location and depth of all utilities (the top and the bottom), including joint trenches and service connections, which have been marked by the respective owners and which may affect or be affected by its operations. The CONTRACTOR shall determine the location and depth of all utilities not required to be marked out by the Local Agency.

6. The CONTRACTOR shall further determine the location and depths of all utilities that were not known or indicated on the project plans, but, after CONTRACTOR compliance with Section 4216, were marked out by the utility owners.

7. The CONTRACTOR shall not assume that existing utilities are buried at depths and locations specified in the pertinent standard drawings. In Escondido, existing utilities are frequently found at depths and locations that are not in conformance with the existing standard drawings.

8. The CONTRACTOR shall have the responsibility for coordinating as many callbacks of utility owners and CONTRACTOR mobilizations as may be required to determine the exact location, or identity, of all utilities. Utilities that are indicated on the Contract plans in a certain location, and are marked out in a different location by the utility owner, are considered by this Contract to be the same utility. The City is not responsible for errors in mark-outs made by the Utility owners.

9. The CONTRACTOR shall have full responsibility for the safety and protection of all existing utilities, to the extent allowed by California Government Code Section 4215, and repairing any damage thereto resulting from the Work. The CONTRACTOR shall use hand tools and/or vacuum equipment and use reasonable care to protect existing utilities.

10. Unknown Utility on the Contract plans, but marked out in the field by the utility owner: The Work of potholing, protecting in place, trenching over or under, repairing the road surface, backfilling with the utility owner's preference of material, plotting on the record drawings, and describing a previously unknown utility is fully contemplated by the City as being a regular occurrence on trenching projects.

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11. Unknown utilities not marked out by the utility owner: Should the CONTRACTOR come across utilities that are not known nor marked out by the utility owner, the CONTRACTOR shall immediately call Underground Service Alert and the City. The City is not responsible for the consequences of the failure of a Utility owner to mark out its facilities.

12. Abandoned Utilities. Abandoned utilities are considered as unknown utilities for the purpose of CONTRACTOR payment, unless they are indicated on the project plans.

13. The CONTRACTOR shall call for a "standby inspector" when requested to do so by a utility owner, and follow their direction.

B. Locating Subsurface Installations (excerpted from California Government Code section 4216):

1. The excavator shall determine the exact location of subsurface installations in conflict with the excavation by excavating with hand tools within the area of the approximate location of subsurface installations as determined by the field marking provided in accordance with (California Government Code) section 4216.3 before using any power-operated or power-driven excavating or boring equipment within the approximate location of the subsurface installation, except that power-operated or power-driven excavating or boring equipment may be used for the removal of any existing pavement if there are no subsurface installations contained in the pavement. If mutually agreeable with the operator (the operator is the owner of the Utility in this case) and the excavator (the excavator is the CONTRACTOR in this case), the excavator may utilize power-operated or power-driven excavating or boring equipment within the approximate location of a subsurface installation and to any depth. (Clarification added)

2. If the exact location of the subsurface installation cannot be determined by hand excavating in accordance with subdivision B1, the excavator (the CONTRACTOR) shall request the operator (the owner of the Utility) to provide additional information to the excavator, to the extent that information is available to the operator, to enable the excavator to determine the exact location of the installation. (Clarification added)

4.4 HAZARDOUS MATERIALS
A. The provisions of Articles 4.2, 4.3, and 4.4 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material uncovered or revealed at the Site.

B. Reference is made to the Supplementary General Conditions for identification of those reports and drawings relating to Asbestos, Hazardous Waste, PCBs, Petroleum and/or Radioactive Material identified at the Site that have been utilized by the Engineer in the preparation of the Contract Documents, if any.

C. Copies of these reports and drawings may be examined at the office of the City during regular business hours. Please make an appointment. The CONTRACTOR may rely upon the accuracy of the technical data contained in such reports and drawings, except for such physical dimensions that can be field verified; however, the interpretation of such technical data, including any interpolation or extrapolation thereof, and opinions contained in such reports and drawings are not to be relied on by the CONTRACTOR.

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D. The City shall be responsible for any Asbestos, Hazardous Waste, PCBs, Petroleum, or Radioactive Material uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the Site. The City will not be responsible for any such material brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CONTRACTOR is responsible.

4.5 REFERENCE POINTS
A. The City will provide access to the bench-mark book maintained by the City Surveyor, and provide any survey reference material that may be on file. The CONTRACTOR shall furnish all other lines, grades, and bench-marks required for proper execution of the Work.

B. The CONTRACTOR shall preserve all bench marks, stakes, and other survey marks and in case of their removal or destruction by any party, the CONTRACTOR shall be responsible for the accurate replacement of such reference points by personnel qualified under the applicable state codes governing land surveyors. The recording of any replacement corners, or other points, shall be the responsibility of the CONTRACTOR.

ARTICLE 5 – BONDS AND INSURANCE

5.1 BONDS
A. CONTRACTOR shall furnish a surety bond in an amount equal to one hundred percent (100%) of the contract price as security for faithful performance of this Agreement and shall furnish a separate bond in an amount equal to one hundred percent (100%) of the contract price as security for payment to persons performing labor and furnishing materials in connection with this Project. Bonds shall be in the form set forth in these Project Documents.

B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act.

C. If the surety on any Bond furnished by the CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Work is located, the CONTRACTOR shall, within seven (7) days thereafter, substitute another Bond and surety, which must be acceptable to the City. No Work shall be performed without Bonds, in a form and issued by a surety acceptable to the City, required by the Contract Documents to be in full force and effect. If one or more of such Bonds shall, at any time, not be in full force and effect, CONTRACTOR shall immediately cease performance until it is in full compliance with the bonding requirements of the Contract Documents and California law. All delays and costs incurred and/or resulting from such occurrence shall be to the exclusive account of CONTRACTOR. Failure of the CONTRACTOR to promptly cure any failure to have the necessary Bonds in full force and effect shall be grounds for termination for default.

D. All Bonds required by the Contract Documents to be purchased and maintained by CONTRACTOR shall be obtained from surety companies that are duly licensed or Resolution No. 2024-106
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authorized in the State in which the Project is located to issue Bonds for the limits so required. Such surety companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary General Conditions.

5.2 LIABILITY, PROPERTY, FIRE, BUILDER'S RISK AND OTHER INSURANCE

REQUIREMENTS
A. LIABILITY AND PROPERTY DAMAGE. Before the commencement of the Work and for the minimum amount of limits set forth herein the CONTRACTOR shall purchase from and maintain such commercial general liability insurance per occurrence for bodily injury, personal injury and property damage as set forth in the Agreement and automobile liability insurance per accident for bodily injury and property damage combined single limit as set forth in the Agreement as will protect the CONTRACTOR, and those required to be endorsed as additional insured from claims set forth below, which may arise out of or result from the CONTRACTOR's operations under the Contract and for which the CONTRACTOR may be legally liable, whether such operations are by the CONTRACTOR, by a Subcontractor, by Sub-subcontractor, by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:

1. Claims for damages because of bodily injury (including emotional distress), sickness, disease, or death of any person other than the CONTRACTOR's employees.

This coverage shall be provided in a form at least as broad as Insurance Services Office (ISO) Form CG 0001 11188;

2. Claims for damages arising from personal or advertising injury in a form at least as broad as ISO Form CG 0001 11188;

3. Claims for damages because of injury or destruction of tangible property, including loss of use resulting there from, arising from operations under the Project Documents; and

4. Claims for damages because of bodily injury, death of a person, or property damage arising out of the ownership, maintenance, or use of a motor vehicle, all mobile equipment, and vehicles moving under their own power and engaged in the Work; and

5. Claims involving blanket contractual liability applicable to the CONTRACTOR's obligations under the Project Documents, including liability assumed by and the indemnity and defense obligations of the CONTRACTOR and the Subcontractors; and

6. Claims involving Operations/Premises and Completed Operations/Products, Independent CONTRACTOR's coverage, and Broad Form property damage, without any exclusions for collapse, explosion, demolition, underground coverage, and excavating. Coverage for completed operations must be at least as broad as CG 2010 11/85.

B. If commercial general liability insurance or another insurance form with a general aggregate limit is used, the general aggregate limit shall apply separately to the project location (with the ISO CG 2503 or insurer's equivalent endorsement provided to the City).

C. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or selfResolution No. 2024-106 Exhibit "A"

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insured retentions as respects the City, its Board of Trustees, members of its Board of Trustees, officers, employees, agents and volunteers; or the CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. CONSENT OF INSURER. Partial occupancy or use in accordance with the Contract Documents shall not commence until the City's insurance company providing property insurance has consented to such partial occupancy or use by endorsement or otherwise.

The City and the CONTRACTOR shall take reasonable steps to obtain consent of the insurance company and shall, without mutual consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of the insurance.

E. FIRE INSURANCE. Before the commencement of the Work, the CONTRACTOR shall procure, maintain, and cause to be maintained at the CONTRACTOR's expense, fire insurance on all Work subject to loss or damage by fire and the entire structure on which the Work of this Contract is to be done to the insurable value thereof. The amount of fire insurance shall be subject to approval by the City and shall be sufficient to protect the Project against loss or damage in full until the Work is accepted by the City. Should the Work being constructed be damaged by fire or other causes during construction, it shall be replaced in accordance with the requirements of the drawings and specifications without additional expense to the City.

F. OTHER INSURANCE. The CONTRACTOR shall provide all other insurance required to be maintained under applicable laws, ordinances, rules, and regulations.

G. COMPLIANCE. In the event of the failure of any CONTRACTOR to furnish and maintain any insurance required by this Article, the CONTRACTOR shall be in default under the Contract. Compliance by CONTRACTOR with the requirement to carry insurance and furnish certificates, policies, Additional Insured Endorsement and Declarations Page evidencing the same shall not relieve the CONTRACTOR from liability assumed under any provision of the Contract Documents, including, without limitation, the obligation to defend and indemnify the City and the Engineer.

H. BUILDER'S RISK/ "ALL RISK" INSURANCE. The Contractor, during the progress of the Work and until final acceptance of the Work by City upon completion of the entire Contract, shall maintain Builder's Risk/"All Risk," course-of-construction insurance satisfactory to City issued on a completed value basis on all outstanding projects and on all insurable Work included under the Contract Documents. Coverage is to provide extended coverage and insurance against vandalism, theft, malicious mischief, perils of fire, sprinkler leakage, civil authority, sonic boom, earthquake, collapse, flood, wind, lightning, smoke, riot, debris removal (including demolition), and reasonable compensation for the Engineer's services and expenses required as a result of such insured loss upon the entire Work which is the subject of the Contract Documents, including completed Work and Work in progress to the full insurable value thereof. Such insurance shall include the City and the Engineer as an additional named insured and any other person with an insurable interest designated.

5.3 PRO F OF CARRIAGE INSURANCE
A. CONTRACTOR shall not commence Work nor shall it allow any Subcontractor to commence Work under this Agreement until all required insurance certificates and endorsements have been obtained and delivered in duplicate to and approved by the City.

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Resolution No. 2024-106
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Such insurance shall be with an insurance company with a minimum rating of "A/VII", as rated by the current edition of Best's Key Rating Guide, published by A.M. Best Co., Oldwick, New Jersey 08858 and admitted or qualified to do business in California.

B. Certificates and insurance policies shall include the following:

1. A clause stating:
"This policy shall not be canceled or reduced in required limits of liability or amount of insurance until notice has been mailed to City stating date of cancellation or reduction. Date of cancellation or reduction may not be less than 30 days after date of mailing notice."

2. Language stating in particular those insured, extent of insurance, location and operation to which insurance applies, expiration date, to whom cancellation and reduction notice will be sent, and length of notice period.

3. Separate additional insured endorsement specifically naming the City as a named additional insured under the policy described and that such insurance policy shall be primary to any insurance or self-insurance maintained by the City.

C. In case of CONTRACTOR's failure to provide insurance as required by the Agreement, the City may, at the City's option, take out and maintain at the expense of the CONTRACTOR, such insurance in the name of CONTRACTOR, or Subcontractor, as the City may deem proper and may deduct the cost of taking out and maintaining such insurance from any sums which are due or to become due to the CONTRACTOR under this Agreement.

D. The CONTRACTOR shall purchase and maintain the insurance required under this Article.

Such insurance shall include the specific coverages set out herein and be written for not less than the limits of liability and coverages provided in this Article, or required by Laws or Regulations, whichever are greater. All insurance shall be maintained continuously during the life of the Agreement up to the date of Project Completion when all punch-list items have been completed. The CONTRACTOR's liabilities under this Agreement shall not be deemed limited in any way to the insurance coverage required.

1. CONTRACTOR shall have insurance in the following amounts:
a. Commercial general liability insurance with at least three million dollars ($3,000,000) combined single limit coverage per occurrence for bodily injury and property damage; or, if a general aggregate limit is applicable, either:
(i) the general aggregate limit shall specifically apply to the project identified in the bid specifications or to the location of such project which is the subject of these bid specifications with coverage to be no less than three million dollars ($3,000,000), or (ii) the general aggregate shall be at least three million dollars ($3,000,000) combined single limit coverage per occurrence for bodily injury and property damage; and
b. Automobile liability insurance of three million dollars ($3,000,000) combined single limit per accident for bodily injury and property damage; and
c. Workers' compensation and employer's liability insurance as required by the California Labor Code, as amended.

2. Each insurance policy required above, except for workers' compensation, shall name the City specifically and separately as an additional insured under the policy on a separate ISO CG 2010 endorsement or equivalent, to the satisfaction of the Resolution No. 2024-106
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City Attorney. The company providing insurance must provide at least 30 days written notice of cancellation or termination, if such cancellation or termination of the policy is to occur prior to the indicated expiration date on the face of the certificate. General and auto liability insurance coverage must be provided by a Best's 'A' rated, Class VII carrier, admitted in California, and shall be in form satisfactory to the City Attorney. Insurance companies that are not admitted in California must be on the list of approved Non-Admitted Insurers able to write in the state of California and must additionally provide a service of suit endorsement.

All insurance requirements must be in a form satisfactory to the City Attorney.

Failure to comply with insurance requirements under this Agreement or failure to have completed insurance documents on file within 15 working days after CONTRACTOR executes this Agreement shall be a material breach of this Agreement.

3. Workers' Compensation and Employer's Liability In accordance with the provisions of Section 3700 of the California Labor Code, the CONTRACTOR and every Subcontractor shall be required to secure the payment of compensation to its employees. The CONTRACTOR shall provide, during the life of the Agreement, workers' compensation insurance for all of its employees engaged in Work under this Agreement, on or at the site of the Project, and, in case any of its Work is sublet, the CONTRACTOR shall require the Subcontractor similarly to provide workers' compensation insurance for all the latter's employees. Any class of employee or employees not covered by a Subcontractor's insurance shall be covered by the CONTRACTOR's insurance. In case any class of employees engaged in Work under this Agreement, on or at the site of the Project, is not protected under the workers' compensation statute, the CONTRACTOR shall provide or shall cause a Subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected before the Subcontractor commences Work.

The CONTRACTOR shall file with the City certificates of its insurance protecting workers and a 30 day notice shall be provided to the City before the cancellation or reduction of any policy of CONTRACTOR or Subcontractor. The CONTRACTOR and each Subcontractor shall provide a waiver of subrogation in favor of the City and Engineer.

ARTICLE 6 – CONTRACTOR'S RESPONSIBILITIES
None of the following responsibilities, as between City and CONTRACTOR, shall be delegated by CONTRACTOR to another individual or entity.

6.1 COMMUNICATIONS.

A. Written communications shall be directly to the City, however, the City reserves the right to direct the CONTRACTOR to communicate directly with a construction manager or other consultant, and to copy the City with correspondence.

B. Notice to Surrounding Properties. CONTRACTOR must provide Notice of Construction to all property owners and businesses at least 3 days before commencement of such work. A sample form notice is found in the Proposed Contract Documents, at page A-00670-1.

6.2 INDEPENDENT CONTRACTOR. CONTRACTOR is and shall at all times be deemed to be an independent CONTRACTOR and shall be wholly responsible for the manner in which it performs the services required of it by the terms of the Project Documents. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between the City and CONTRACTOR or any of CONTRACTOR's subcontractors (of Resolution No. 2024-106
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every tier), suppliers, agents or employees. CONTRACTOR assumes exclusively the responsibility for the acts of its subcontractors (of every tier), suppliers, agents, and employees as they relate to the services to be provided during the course and scope of their employment. CONTRACTOR, its subcontractors (of every tier), suppliers, agents and employees shall not be entitled to any rights or privileges of City employees and shall not be considered in any manner to be City employees.

The City shall be permitted to monitor all the activities of the CONTRACTOR to determine compliance with the terms of the Project Documents.

6.3 CONTRACTOR LICENSE. CONTRACTORS are required by law to be licensed and regulated by the Contractors' State License Board. Any CONTRACTOR not so licensed is subject to penalties under the law, and the contract will be considered void pursuant to Section 7028.7 of the Business and Professions Code. Any questions concerning a CONTRACTOR may be referred to the Registrar, Contractors' State License Board, 3132 Bradshaw Road, P.O. Box 2600, Sacramento, CA 95826. CONTRACTOR shall be duly licensed at all times during performance. Substantial compliance shall not be sufficient.

6.4 CONTRACTOR REGISTRATION: CONTRACTOR, as well as any subcontractors, shall be registered pursuant to Cal. Lab. Code § 1725.5 to be qualified to bid on, be listed in a bid proposal, (subject to the requirements of Section 4104 of the Public Contract Code) or engage in the performance of any public work contract that is subject to the requirements of Chapter 1, Part 7, Division 2 of the California Labor Code.

6.5 CHANGE IN NAME AND NATURE OF CONTRACTOR'S LEGAL ENTITY. Before CONTRACTOR makes any change in the name or legal nature of the CONTRACTOR's entity, CONTRACTOR shall first notify the City in writing and cooperate with the City in making such changes as the City may request in the Project Documents.

6.6 CONTRACTOR SUPERINTENDENT. During progress of the Work, CONTRACTOR shall keep on the Work site a competent, English-speaking Superintendent satisfactory to the City.

Before commencing the Work herein, CONTRACTOR shall give written notice to the City of the name, qualifications and experience of such Superintendent. If, at any time, the Superintendent is found unsatisfactory by the City, CONTRACTOR shall replace the Superintendent with one acceptable to the City. Superintendent shall not be changed or removed from the project except with written consent of the City, unless a Superintendent proves to be unsatisfactory to CONTRACTOR and ceases to be in its employ, in which case, CONTRACTOR shall notify the City in writing and replace said Superintendent with one acceptable to the City. Superintendent shall represent CONTRACTOR and all directions given to Superintendent shall be as binding as if given to CONTRACTOR. During planned absences longer than one Workday (e.g. vacation), CONTRACTOR shall, at least ten (10) days prior, provide written notice to the City the name of the individual proposed to assume the responsibilities of Superintendent during his/her absence.

6.7 CONTRACTOR SUPERVISION. Without a right to claim additional reimbursement, CONTRACTOR shall staff the project with a sufficient number of experienced, skilled and knowledgeable personnel to meet the needs (both administrative and supervisory) of the Project, and shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills as may be necessary to perform the Work in accordance with the Project Documents. CONTRACTOR shall carefully study and compare all plans, drawings, specifications, and other instructions and shall at once report to the City any error, inconsistency or omission which CONTRACTOR or its employees may discover. The CONTRACTOR represents itself to the City as a skilled, knowledgeable, and experienced CONTRACTOR. The CONTRACTOR shall carefully study and compare the Project Documents with each other, and shall at once report to the City any errors, inconsistencies, or omissions discovered. The CONTRACTOR shall be liable to the City for damage resulting from errors, inconsistencies, or omissions in the Project Documents that the CONTRACTOR recognized and which CONTRACTOR knowingly failed to Resolution No. 2024-106
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Escondido City CouncilAugust 7, 2024

Escondido City Council
August 7, 2024